CITY OF CALIFORNIA CITY
August 26, 2025
AGENDA
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING TUESDAY AUGUST 26, 2025 @ 5:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24- hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Zoom instructions and notes:
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Marquette Hawkins
MAYOR
Michael Hurles
Ronald Smith
COUNCIL MEMBERS
Christopher Lopez
CITY MANAGER
1 CITY OF CALIFORNIA CITY August 26, 2025
Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** CLOSED SESSION 4:00PM
CALL TO ORDER
ROLL CALL
Councilmembers: Hurles, Smith, Mayor Hawkins
ADOPT THE AGENDA
PUBLIC COMMENT
Members of the public are welcome to address the City Council ONLY on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak
CLOSED SESSION
CS 1. Conference with Legal Counsel – Anticipated Litigation, Significant exposure to litigation pursuant to § 54956.9(b) Number of Matters- One (1)
CS 2. Conference with Legal Counsel –Existing litigation pursuant to § 54956.9 Claimant: Justin Vincent, Case No. BCV-25-102867
CS 3. Conference with Labor Negotiators pursuant to §54957.6 Employee Organization: Miscellaneous Union
REPORT OUT OF CLOSED SESSION
CITY COUNCIL CONVENES TO REGULAR MEETING
REGULAR MEETING 5:00PM
CALL TO ORDER
PLEDGE OF ALLIGENCE / INNVOCATION
ROLL CALL –
Councilmembers: Hurles, Smith, Mayor Hawkins
2 CITY OF CALIFORNIA CITY
August 26, 2025
DEPARTMENT REPORTS
PD
PW
Treasurer
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
PRESENTATIONS
PUBLIC BUSINESS FROM THE FLOOR / PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes. The City Council will receive the comments but cannot engage in back-and- forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
NEW BUSINESS
NB 1. Staff Report: Victor Ponto, City Attorney
Subject: DISCUSS THE CITY COUNCIL SEAT VACATED BY ELECTED MAYOR PRO TEM
JESSE HIGHTOWER AND ELECTED COUNCILMEMBER MICHAEL KULIKOFF AND TAKE
ACTION APPOINTING TWO NEW COUNCILMEMBERS TO THE CITY COUNCIL Recommendation: It is recommended that the Council discuss, interview, and appoint two council members to the vacant seats
CONSENT CALENDAR
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion. All items on the consent calendar are considered routine, and non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.
CC 1. Approve City Check Registers dated 07/18/2025-08/07/2025 AND 08/08/2025—08/21/2025
NEW BUSINESS
NB 2. Staff Report: Christoper Lopez, City Manager- Joe Barragan, Public Works Director Subject: A Resolution Of The City Council Of The City Of California City Authorizing The City Manager To Execute The Contract With BHT Engineering, Inc. For On-Call Professional Engineering 3 CITY OF CALIFORNIA CITY
August 26, 2025
Services For Local, State, And Federally Funded Projects Recommendation: The City Council approve and authorize the City Manager to sign a new agreement with BHT with an expiration date of 06-30-2030.
NB 3. Staff Report: Christopher Lopez, City Manager
Subject: Discuss and Provide Direction Regarding the City’s Financial Issues and Provide Direction on Beginning the Neutral Evaluation Process
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING-August 22, 2025
I, Leanndrea Weible, Acting City Clerk for the City of California City, California, DO HEREBY CERTIFY that the foregoing notice was posted on all official City bulletin boards and the City’s website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act. 4 DR- PD
1 COUNCIL AGENDA ITEM
August 26, 2025
TO: Honorable Mayor and City Council
FROM: Christopher Lopez, City Manager
Shannon Hayes, Acting Director of Public Safety
SUBJECT: PD MONTHLY DEPARTMENT REPORT
July 2025 Stats
0 0 0 0 0
2021 2022 2023 2024 2025
MURDER - JULY
17 20 6 11 6
2021 2022 2023 2024 2025
TOTAL VIOLENT
CRIMES - JULY
11 13
22 23
16 2021 2022 2023 2024 2025
TOTAL PROPERTY
CRIMES - JULY
32 33
28 34
22 0
10 20
30 40
2021 2022 2023 2024 2025
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2021 - 2025
July Part 1 Crimes - as of 7/30/2025
5 DR- PD
2 0 1
4 3
6 4
7 6
0 JUNE 2025 PART 1
CRIMES BY AREA
0 0 1
4 1
7 6
3 0
JULY 2025 PART 1
CRIMES BY AREA
JUNE 2025 vs. JULY 2025, DOWN BY 29%
Part 1 Crimes June 2025 – 31
Part 1 Crimes July 2025 – 22
JULY 2025 – PATROL STATISTICS
Total Incidents (July): 1,544 Total Arrests (July): 23 Felony Arrests: 8 Misd. Arrests: 15 Total Incidents (2025): 9,997 Total Arrests (2025): 183 Felony Arrests: 98 Misd. Arrests: 85 Calls for Service (July): 1,206 Calls for Service (2025): 7,846 Citations Issued (July): 34 Citations Issued (2025): 170 6 DR-AC
1 COUNCIL AGENDA ITEM
August 26, 2025
TO: Honorable Mayor and City Council
FROM: Christopher Lopez, City Manager
Shannon Hayes, Acting Director of Public Safety
SUBJECT: ANIMAL CONTROL MONTHLY DEPARTMENT REPORT
California City Animal Shelter
July 2025 Totals
California City
Animal Shelter Stats
Criteria July, 2025 July, 2024
Total Animals In 28 30
Adoptions 10 9
To Rescues 4 5
Canvassed 6 21
Warnings Issued 12 31
Returned to Owner 3 1
Put to Sleep 1 0
Licenses Issued 23 13
Citations 0 3
Dog Bites 1 2
Owner Surrender 0 0
Calls to PD/Shelter 242 281
DOA 5 13
7 DR-AC
2 0 50 100 150 200 250 300
Total Animals In
Adoptions
To Rescues
Canvassed
Warnings Issued
Returned to Owner
Put to Sleep
Licenses Issued
Citations
Dog Bites
Owner Surrender
Calls to PD/Shelter
DOA
California City Animal Shelter Stats
July, 2024 July, 2025
8 DR- PW
COUNCIL AGENDA ITEM
August 26, 2025
TO: Honorable Mayor and City Council
FROM: Christopher Lopez, City Manager
Joe Barragan, Public Works Director
SUBJECT: Departmental Report – July
9 BHT Engineering, Inc.
UPDATED: 8/11/2025
FEDERAL / STATE FUNDED PROJECTS
1 19410 8/19/2019
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects. 03/07/24 – Const RFA submitted to Caltrans for processing. 04/24/24 - Receive Caltrans Const E-76 and Finance Letter. 04/30/24 – Received PSA from Caltrans - City to accept PSA at 5/14/24 CC meeting. 06/17/24: Spectrum and Frontier to adjust utilities. Construction COMPLETED. Close-out in Progress 2 20407 3/18/2021 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.
City approved program supplement 02/23/2021. Environmental completed. Design In Progress. Invoices sent to Caltrans.
Construction plans ready, project specifications in progress, staff report for council approval of bidding phase January 17th 2023.
Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Cons. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. 06/13/23 - Council awarded project to Granite Const. Construction
COMPLETED. 4/23/24 - City Accepted project, City Clerk to file NOC w County. 08/06/24 – Caltrans conducted post-construction review - all in order. 08/19/24 – Received Bridge ID 50C0419 from Caltrans. 08/28/24 – Received Contractor executed Ex 17-F and 17-O, reviewed and emailed a copy to Peter Mututwa @ Caltrans. -- Caltrans Close-out in progress
3 21420 7/13/2021 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. Bid Opening 6/22/23 - awarded to Cen-Cal Construction. Const.
Completed. 4/23/24 - City Accepted project, City Clerk to file NOC w County. Caltrans Close-out in progress
19 23401 1/4/2023 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.
Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with TDA Art 3 project. 05/03/23 – Received fully executed program supplement agreement – and forwarded to City Staff. - Design Completed. 02/04/24 – Received and filed Const. E-76 from Caltrans. Bid opening July 11, 2024. 08/15/24 – City Council did not approve award of the project. 09/10/24 – Council approved award of project. 09/11/24 – Project completed. Close-out in progress
20 24411 8/2/2024 CMAQ - California City Blvd -
Shoulder Paving
On CCB from Baron Blvd to Maverick St. -
Request Preliminary Engineering Phase
08/13/24 – Completed PE RFA and emailed to Caltrans for execution. Kern COG emailed EPSP to City and to Caltrans. 08/29/24 – Received PE E-76 and FN from Caltrans. 09/04/24 – Received program supplement from Caltrans at 9/24/24 CC meeting for acceptance. 09/09/24 – Received City executed Task order for PE. - Design/Environmental Phase In Progress
21 25401 1/7/2025
RSTP - California City Blvd
Rehab - Hacienda Blvd. to
94th St.
On CCB from Hacienda Blvd. tp 94th Street -
Request Preliminary Engineering Phase
01/14/25 – Received City executed PE RFA, processed, and transmitted to Caltrans. - Awaiting Caltrans approval for PE Phase
SB1 FUNDED PROJECTS
1 24407 5/7/2024 SB1- 2024 Call for Projects Kenniston St pavement rehabilitation from CCB to Walpole application phase
SB1 2024 submittal completed uploaded to CalSMART. Project design to begin in July 2025
LOCAL FUNDED PROJECTS
1 22403 3/14/2022 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council. Also sent copy of Draft Striping Plan. - See BHT# 19410
Task Order
Executed
/Received
CITY OF CALIFORNIA CITY
BHT PROJECT # PROJECT NAME / Limits PROJECT DESCRIPTION STATUS
PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST
10 BHT Engineering, Inc.
2 23409 6/11/2021
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.
Design completed, currently waiting construction grant funds allocation from EPA
3 23410 6/11/2021
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).
Formal bidding process.
Project on hold until funds are available
4 23411 8/9/2023 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Currently seeking natural gas powered motor with Waukesha contractor. Quote preparation is in progress.
5 23412 7/27/2023 Splash Pad Skating Park
project
Prepare construction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Bid opening March 27, 2024. No bids received. Waiting for Council direction. Construction at 98% completed. Splash features in progress
6 23415 n/a Rancho Tracts Grants Rancho Tracts water replacement project Grant for project funding was prepared and sent State. Application submitted March 2024. One million awarded to project,
implementation steps in progress. Received email from
awarding agency, Cultural resources in progress.
7 24405 6/13/2024 Well 10 Rehabilitation Well 10 Rehabilitation Layne preparing a quote for rehabilitation expected end of August After analysis of Layne proposal, project will put out to bid. On Hold until next year budget
8 24409 6/13/2024 Wonder Acres Water Tank Install a 90,000 gal water storage and pumping equipment
Record of Survey completed. Topographic survey and design in progress. Geotechnical Report in progress. Edison power coordination in progress. Edison green light received. Soils Report completed. Full design in progress
9 25402 3/7/2023 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.
Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to continue per PW email 03/07/2023. 10/04/23 City received $30K initial fee from Indian Wells Valley Groundwater Authority. Project coordination in progress
10 25403 1/2/2025 City Yard Area Lights Installation of area lights improvements Design on hold per recent fire. Waiting for new buildings layouts 11 25404 11/4/1966 Splash Pad Parking Lot New parking lot on Conklin for the Splash Pad Paking lot layout completed waitng for quotes. 12 25406 Little League Area lights Field lighting upgrades Have one quote from AM Electric now to include remove and replacement of elecrical panel. Girls softball field to be included.
Quotes in progress.
13 25407 T&M FAA ACIP 2025 FAA-CALTRANS DIV OF AERONAUTICS ACIP in progress. FAA meeting with CM April 2025 14 25408 2/13/2025 2024 LAMP ANNUAL
REPORT Local funded project COMPLETED
15 25409 T&M SB1-2025 CALL FOR
PROJECTS SB-1 FUNDED PROJECT COMPLETED Project uploded to CAL-SMARTS for FY25-26 16 25410 5/2/2025 TDA Call for Projects TDA-Hacienda Pedestrian Improvements COMPLETED application sent to KERNCOG May 30-2025. kERCOG APPROVED the funding for this project
17 25411 6/2/2025 CMAQ Call for Projects CMAQ CCB Pedestrian Improvements COMPLETED application sent to KERNCOG 18 25412 5/29/2025 RSTP Call for Projects RSTP North Loop Rehabilitation COMPLETED application sent to KERNCOG 19 25413 5/21/2025 SB-1 Funded SB-1 Kenniston Design Phase Design in progress 20 25414 5/14/2025 Vivian Water Main
Replacement Local funded project Design will completed 08/15/2025. 21 25415 2/13/2024 SCE Elec Service Phase IV Local funded project In progress 22 25416 DAR Steel Bldg TIRP-ZETCP Funded project Task order in progress UPDATED: 8/11/2025
11 COUNCIL AGENDA ITEM
July 2025 Report
TO: Honorable Mayor and City Council
SUBJECT: TREASURER MONTHLY DEPARTMENT REPORT
Balance on Net Balance on Percent
6/30/2025 Transactions 7/31/2025 of Total
Bank of the Sierra -- General Checking $ 1,103,153 $ 1,257,789 $ 2,360,941 13.29% Bank of the Sierra -- Cannibas Checking $ 734,810 $ 63,574 $ 798,384 4.50% Sub-Total Operating Accounts $ 1,837,963 $ 1,321,363 $ 3,159,326 Balance on Net Balance on Percent
6/30/2025 Transactions 7/31/2025 of Total
Local Agency Investment Fund (122) $ 12,240,504 $ (3,365,824) $ 8,874,680 49.97% Kern County Investment Fund (20202) $ 4,699,782 $ - $ 4,699,782 26.46% Multi-Bank Securities (CD Manager) $ 1,040,151 $ (14,267) $ 1,025,883 5.78% Sub-Total Investment Accounts $ 17,980,437 $ (3,380,092) $ 14,600,345 Total City Operating Funds $ 19,818,399 $ (2,058,729) $ 17,759,670 100.00% Checking & CD Accounts 6/30/2025 Net Transactions 7/31/2025 Housing Corp. -- Bank of the Sierra, Checking $ 2,053,167 $ 18,544 $ 2,071,710 72.68% Housing Corp. -- Bank of the Sierra, CD 7653 $ 113,599 $ 346 $ 113,945 4.00% Housing Corp. -- Bank of the Sierra, CD 7654 $ 142,092 $ 433 $ 142,524 5.00% Housing Corp. -- Bank of the Sierra, CD 6574 $ 260,285 $ 793 $ 261,078 9.16% Housing Corp. -- Bank of the Sierra, CD 6582 $ 260,285 $ 793 $ 261,078 9.16% Total Housing Corporation Funds $ 2,829,428 $ 20,908 $ 2,850,336 100.00% Checking & CD Investment Accounts 6/30/2025 Net Transactions 7/31/2025 SDI -- Bank of the Sierra, Checking $ 479,222 $ (63) $ 479,159 0.52% SDI -- Bank of the Sierra CD $ 265,286 $ 1,109 $ 266,395 0.29% SDI -- US Bank Investments *$ 91,535,637 $ (40,962) $ 91,494,676 99.19% Total SDI Agency Funds $ 92,280,145 $ (39,915) $ 92,240,229 100.00% Checking & Investment Accounts 6/30/2025 Net Transactions 7/31/2025 Successor -- Bank of the Sierra, Checking $ 641,736 $ 7,500 $ 649,236 42.96% RDA/Successor -- US Bank Investments $ 862,086 $ - $ 862,086 57.04% Total Successor Agency Funds $ 1,503,822 $ 7,500 $ 1,511,322 100.00% Restricted SDI Accounts
Note: Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.
Restricted RDA/Successor Agency Accounts
Restricted Housing Corporation Accounts
FROM: Keith Middleton, City Treasurer
The values presented in this report are extracted from End of Month bank and investments statements.
The General Funds investment portfolio consists of funds for operations, Capital Improvement Projects (CIP), water rate stabilization, administration replacements and reserves.
General Operating Accounts
General Investment Accounts
1 of 2
12 July 2025 Report
INVESTMENT POLICY
6/30/2025 7/31/2025
Beginning Market Value 90,771,323 91,535,637
Ending Market Value 91,535,637 91,494,676
764,315 (40,962)
6/30/2025 7/31/2025
Beginning Market Value - -
Ending Market Value - -
- -
6/30/2025 7/31/2025
Beginning Market Value 0 0
Ending Market Value 0 0
- -
6/30/2025 7/31/2025
Beginning Market Value 3 3
Ending Market Value 3 3
- -
6/30/2025 7/31/2025
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 862,086 862,086
Total "US Bank" Investment Assets 92,397,723 92,356,761 Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
RDA/Successor Agency Accounts
California City, California 93505
TREASURER'S MONTHLY REPORT OF INVESTMENT
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.
US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
2 of 2
13 COUNCIL AGENDA ITEM
August 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Victor M. Ponto, City Attorney
REVIEWED BY: Chistopher Lopez, City Manager
SUBJECT: DISCUSS THE CITY COUNCIL SEAT VACATED BY ELECTED MAYOR
PRO TEM JESSE HIGHTOWER AND ELECTED COUNCILMEMBER MICHAEL KULIKOFF
AND TAKE ACTION APPOINTING TWO NEW COUNCILMEMBERS TO THE CITY COUNCIL BACKGROUND: Councilmember Michael Kulikoff and Mayor Pro Tem Jesse Hightower were elected to serve a four (4) year term as City Councilmembers ("Councilmembers") in the November 2022 and 2024 general elections, respectively. At the July 8, 2025 Council Meeting, Councilmember Michael Kulikoff resigned, and on July 10, 2025 Mayor ProTem Jesse Hightower resigned. Due to the resignations, there are two vacancies on the City Council. Per the Government Code, the City Council must fill the vacancy either by appointment or by calling a special election by September 6, 2025.
RECOMMENDATION: It is recommended that the Council discuss, interview, and appoint two council members to the vacant seats.
LEGAL FRAMEWORK: California Government Code Section 36512 describes the actions to be taken in connection with a vacancy in an office. It states that if a vacancy occurs in an elective office the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If the council fills the vacancy by appointment, and the vacancy occurs within the first half of the term and at least 130 days prior to the next general election, the person shall hold office until the next general election, where the position will be up for election again and filled for the remainder of the term. Therefore, the persons appointed to fill the seats will hold them until November 2026.
If the City Council chooses to call a special election to fill the vacancy, it must do so within sixty (60) days of the vacancy, that is, no later than September 6, 2025. Additionally, "the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.” In other words, the special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held. Given the application of Government Code Section 36512 and related timing requirements, the special election would be held in April of 2026.
CITY OF CALIFORNIA CITY Page 18 of 24714
DISCUSSION:
Consistent with Government Code section 36512, the City Council has sixty (60) days from the commencement of the vacancy, which occurred on July 8, 2025, to do the following:
1. Appoint someone to fill the vacancy; or
2. Call a special election.
Until such time the vacancies are filled, the effect of the vacancy on the City Council is such that the City's legislative body will be reduced from a five-person body to a three-person body.
A. City Council Appointment
The City Council has discretion to determine the process by which to fill a vacant City Council seat by appointment. Some options may include the following:
1. City Council direct appointment;
2. Accepting nominations and appointing someone from that process; or
3. Initiating an open call for applications to all eligible persons within the City.
There are no statutory requirements that define a specific process for how the City Council may decide to appoint an individual to fill the vacancy. The City Council has discretion to determine how it would like to proceed with the appointment process, should it elect to follow that path to fill the vacancy. The City Council has the discretion to determine how the City accepts applications and whether a specific number of applications must be received.
The City Council may directly appoint an individual to the vacancy without accepting applications. However, it is common in such situations for a city council to notice the vacancy and solicit applications from interested parties. The city council then reviews the applications and selects an individual to fill the vacancy by majority vote. If the City Council elects to interview applicants, it must be done at a public meeting, although the meeting can be held at any time, subject to any applicable requirements under the Ralph M. Brown Act. Filling the City Council vacancy is not a permitted closed session discussion or decision. The City Council must appoint a person who is at least 18 years old, a registered voter, and a resident of the City.
Previous Council Direction
At the July 14, 2025 Special Meeting of the Mayor and City Council, the Mayor and Council directed that the City undertake an application process and allow interested residents to apply for the two available seats.
Timeline for Applications
CITY OF CALIFORNIA CITY Page 19 of 24715
In order to adhere to the timeline established in Government Code section 36512(b) for filling City Council vacancies, the timeline below was followed:
July 16 – July 29 (4:30PM): Solicited applications from interested persons.
August 12: Regular City Council meeting to conduct interviews, review and discuss applicants and select and seat preferred candidate.
A total of 17 applications were submitted to fill the seats, with two submitted after the deadline.
Additionally, three candidates, which are highlighted below, were not confirmed to be registered voters in the City of California City. The table below summarizes the information:
Candidate Name Confirmed
Registered Voter
Confirmed 18
or Older
Confirmed Resident
of California City
1. Isaac Barcelona Yes Yes Yes
2. Jim Creighton Yes Yes Yes
3. Martina Lara Yes Yes Yes
4. Melody Del Arroz Yes Yes Yes
5. Jessica Alverez No Yes No
6. David Queen Yes Yes Yes
7. Shawn Bradley Yes Yes Yes
8. Shannon Godbee No Yes No
9. Della Clark Yes Yes Yes
10. Cory Haggins Yes Yes Yes
11. Richard Jones Yes Yes Yes
12. Birdie Johnson Yes Yes Yes
13. Inisha White Yes Yes Yes
14. Sylvia Burleson
Brown
Yes Yes Yes
15. Trevor Thompson No Yes No
16. Nathan Holsey Received after the deadline
17. Mary Wady Received after the deadline
18. Patricia Nicholas Received after the deadline
RECOMMENDATION:
It is recommended that the Council discuss, interview, and appoint two council members to the vacant seats.
ATTACHMENTS:
Attachments: Applications for Vacant Council Seat
CITY OF CALIFORNIA CITY Page 20 of 24716
CITY OF CALIFORNIA CITY Page 21 of 24717
Creighton
EDUCATION (highest school year, degrees, etc.)
I have an AA degree in Construction Technology
LIST PAST OR PRESENT INVOLVEMENT WITH THE CITY, ANY COUNCIL
APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP.
5 years on the Planning Commission (3 as Chair), 4 years as Council member. As Council member I was the City’s representative to the following: Kern Council of Governments, Civilian-Military Support Group, League of Cities designee, representative to the Desert Mountain Division chapter of the League of Cities, Board member to the East Kern Air Pollution Control District
Currently, I am a member of the California Jobs First, Kern Coalition assisting businesses in a competitive process to potentially receiving funding for starting or improving a business venture in Kern County
PAST AND PRESENT COMMUNITY SERVICE:
Volunteer at the Animal Shelter, Member of the Desert Rose Garden Club, participated in many City Clean Up projects
WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
See my answer above on City involvement
18 CITY OF CALIFORNIA CITY Page 22 of 24719
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,..
EDUCATION (highest school year, degrees, etc.)
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LIST PAST OR PRESENT INVOLVEMENT WITH THE CITY, ANY COUNCIL
APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY:, INCLUDING THE TIME PERIODS OF MEMBERSHIP.
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PAST AND PRESENT COMMUNITY SERVICE:
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WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
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(Attach additional pages as necessary.)
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Please Return To:
Leann Weible, Acting City Clerk
21000 Hacienda Blvd.
California City, CA 93505
(760) 373-8661
[email protected]
FILING DEADLINE: Tuesday July 29, 2025 at 4:30 PM.
CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: Martina Lara
HOME ADDRESS:
DATE OF BIRTH: _____________________________
REGISTERED VOTER: YES O NO
CONTACT INFORMATION:
Home Phone: Work: Mobile:
Email:
Method of Contact Preferred: text, email, voice call
LENGTH OF RESIDENCE
At above address: 5yr 2mo___ In California City 21yr 6mo ___
In Kern County: _
OCCUPATION:
Occupation: Custodian inmate supervisor Employer: California Prison Industry Authority at California Correctional Institution - Since September 2021
Employer Address:
EMPLOYMENT HIGHLIGHTS:
.Working to help reduce recidivism, for the benefit of improving public safety, to reduce crime rates. We work with inmates, to teach them a trade and get them ready for their release, and CITY OF CALIFORNIA CITY 08.13.2025 Page 76 of 24774
they return to the community. In providing the tools and confidence to be productive members in society.
(Attach additional pages as necessary.)
EDUCATION (highest school year, degrees, etc.)
Currently working on obtaining my HiSet; High School completion, equivalent. One remaining course for completion.
LIST PAST OR PRESENT INVOLVEMENT WITH THE CITY, ANY COUNCIL
APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP.
Community Advisory Board (member) for Kern County Sheriffs Office - Since June 2023
PAST AND PRESENT COMMUNITY SERVICE:
Volunteer work at Desert Jade, Senior independent living Worked under Grounds keeper - Hansel Davis
2010 - 2011
2005 - 2006
WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
CITY OF CALIFORNIA CITY 08.13.2025 Page 77 of 24775
The ability to see things in a way which others tend to overlook. A common vision for my community that I presume, local government leaders share. The potential for economic growth and the strong future for Cal City is most promising with dedicated and responsible leadership.
(Attach additional pages as necessary.)
WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL? Bringing moral values in decision making in order to achieve a strong economic future and a safe community, with less crime, and more family involvement. Providing more business opportunities, retail stores and food establishments.
WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE CITY
OF CALIFORNIA CITY AND HOW WOULD YOU PROPOSE THEY BE
ADDRESSED?
The city has struggled through financial difficulties in the recent past. We must find new ways to increase revenue. Bringing back more festivities to the park. Maybe, opening up the park lake for paddle boats, or light shows on the water, movies in the park, community picnic events for a small fee, and advertise recreational activities at a broad scale to bring in more guests from our neighboring communities. Advertising our off road activities in the desert more broadly. Advertisement for lodging and gas from the 58 and 14 fwy so we bring in travelers who spend money at our businesses which in turn brings in more local tax revenue. These are just a few ideas, but the potential is there. It’s important to apply more effort in order to fullfill the long term goals.
CITY OF CALIFORNIA CITY 08.13.2025 Page 78 of 24776
Please list three (3) references with telephone numbers:
1. PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
Martina Lara
Signature of Applicant
07/22/2025
Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
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Please Return To:
Leann Weible, Acting City Clerk
21000 Hacienda Blvd.
California City, CA 93505
(760) 373-8661
[email protected]
FILING DEADLINE: Tuesday July 29. 2025 at 4:30 PM.
CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: Trevor Thompson
HOME ADDRESS:
DATE OF BIRTH: ------------
REGISTERED VOTER: YE0 NOD
CONTACT INFORMATION:
Home Phone Work: ______ _ Mobile:
E .
mai: 1 ________________ _
Mobile Method of Contact Preferred: ____________________ _
LENGTH OF RESIDENCE
At above address: 9 Mo
OCCUPATION:
I C l·l' • c· 9 Mo
n a 11orrua 1ty �- 9Mo In Kem County: __
0 t. Residential Specialist E 1 Charter Communcations
ccupa 10n: ________ mp oyer: ____________ _
E I mp oyer Addr ess: __________ _
EMPLOYMENT HIGHLIGHTS:
Proven experience in team leadership, operations, and practical problem solving.
Reliable, action-driven, and commited to reaching goals. Strong work ethic with a focus on integrity, accountability, and follow-through. (Attach additional pages as necessary.)
CITY OF CALIFORNIA CITY 08.13.2025 Page 94 of 24792
EDUCATION (highest school year, degrees, etc.)
High School Graduate
LIST PAST OR PRESENT INVOLVEMENT WITH THE CITY, ANY COUNCIL
APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC
AGENCY, INCLUDING THE T
I
ME PERIODS OF MEMBERSHIP.
N/A
PAST AND PRESENT COMMUNITY SERVICE:
I've been consistenly involved in informal but meaningful community service. I've helped distribute food to people in need, assisted injured or vulnerable neighbors during times of emergency. Assisted in searches and particapted in clean ups.
WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
I will bring a fresh, unbiased perspective to the leadership of California city.
As someone who is relatively new to the community, I am not tied to past potties or agendas. I simply care about seeing the city thrive. (Attach additional pages as necessary.)
CITY OF CALIFORNIA CITY 08.13.2025 Page 95 of 24793
WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL? I want to help raise the standard of leadership in our city-by improving quality of life, supporting jobs and businesses, and holding the city accountable to a higher level of professionalism and service.
WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE
CITY OF CALIFORNIA CITY AND HOW WOULD YOU PROPOSE THEY BE ADDRESSED?
Poor road conditions, limited job opportunities, and the need for more consistent follow-through from city leadership. Prioritizing infrastructure, supporting local business and raising the standard of professionalism in how the city serves its residents.
Please list three (3) references with telephone numbers:
l.
2_
3_
PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge . .> qr�£. <--t '-'.(?)Vl-'.�o �
Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
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NATHAN HOLSEY
email:
JOB DESCRIPTIONS
CAMERA OPERATOR / JIB OPERATOR / TECH MANAGER / PRODUCTION CONSULTANT I am a Camera Operator, Jib Operator, Technical Director, CCU Operator, AJA Ki-Pro Operator, Tech Manager, and Production Consultant. I have great experience in directing the shot, shooting for story, matching cameras, framing and shot preparation.
I put together, manage and maintain multi-ENG wireless camera packages, maintain video village and control rooms. I also technically supervise camera sync / color correction / time code / battery management / card stock & card management / trouble shoot / camera placement & shot design.
Clients include: ESPN, HBO, NFL, NBA, MLB, Fox Sports, CNN, ABC, CBS, BET, WB, Snap Chat, Hollywood Palladium, Rose Bowl, LA Coliseum, Staples Center, Home Depot Center, West Angeles Cathedral, PRG, Live Nation and many more.
At West Angeles, I train Camera Operators to shoot live, and I instruct crew members on standard production practices. I am also a consultant to the Media Department Director, helping to improve the value of production, and presentation. I make it a point to keep up with the latest trends and Technology.
VIDEOGRAPHER / PHOTOGRAPHER / EDITOR / PREDITOR
I currently own and edit on DaVinci and FCPX. I build and create moving titles and graphics on various platforms. I shoot and edit sizzles, reels, decks, multi-cam weddings, corporate videos and original content.
SATELLITE TRUCK UP LINK OPERATION AND B-UNIT CAMERA / TECH COORDINATOR Park and stabilize Jacks, power Satellite Truck via Cam-Lok (Shore Power) or on board generator in designated area, power up mobile control room Circuit Breakers in SAT Truck, deploy C-Band or KU Band and DSS satellite dish, program encoders and decoders with my laptop via IP Address to network specifications, patch or program control room feeds – internal and external I/O Patch with converters when necessary, incorporate a Biscuit Box for truck to truck communications, search/find/strengthen designated Satellite Signal, and communicate with Intelsat while Amplifying Power during a test or transmission of source, monitor the transmission strength while transmitting live show, keep track of all records / times / interactions / feeds / contacts / problems / Goodnights / approximates, etc., manage Mobile Equipment Room / Camera Truck, coordinate crew, production staff, and distribution of equipment, maintain equipment, coordinate cable runs to Set from SAT Truck, repair and maintain cables, assist EIC/Producers and all crew for production equipment needs to move production forward.
BROADCAST INSTALLATION TECHNICIAN / LOGISTICS
In 2022 at NAB Las Vegas, the Flypack that I built for TV Pro Gear, won NAB’s “Product of the Year.” Since 2003, at Wexler Video, I’ve been building camera systems, and installing broadcast systems professionally. I’ve rigged POV cameras for autos, reality homes, pan & tilt-hidden video cameras, helmet cams and Ice Cube Cameras.
In 2020, I continued to rig and install auto POV cameras systems with Cmount Industries for James Cordon's, Carpool Karaoke.
I've built reality TV control rooms, corporate conference Zoom Rooms, post production labs and facilities. I help to reinvent and reshape the way we build and repeat conference communication systems.
I also install wireless feeds, permanent broadcast equipment into odd environments, cable and wire installation to spec from a wiring grid. I build professional broadcast production racks, permanent and temporary.
I own an elaborate Installation Tech tool kit required to complete and build each job. Soldering, crimping, lacing, making custom cables and finding cable pathways are a part of every task. Rack presentation is a key element. I can carry up to 70 lbs.
POST PRODUCTION TECH & INSTALLATION
I build and put together post production facilities and edit bays with 12G, 4K and HD video in and output for PC or Apple programs, installing hardware and software.
I run fiber, audio and video cables from machine rooms to post rooms, green rooms, video village for live sets, and sound stages.
My skills in wiring cater to permanent and temporary production installation.
CITY OF CALIFORNIA CITY 08.13.2025 Page 109 of 247 107
EXPERIENCE & EMPLOYERS
Lead Wiring Technician/Camera Operator/Commercial Driver, TV Pro Gear 2021-2022 QC Technician/Returns Specialist/Driver, Cmount Industries, Glendale, CA. 2020-2021 Freelance Sr. Installer, Systematic LLC, Culver City CA. (DirecTV-LABC) 2020-2021 Facilities Mgr./Camera Operator/Diver, SCPS Unlimited, Torrance, CA. 2020 March-April Camera Op/Tech Coordinator, Palisades Rocks The 4 2018-2019 4th July th Concert & Fireworks Camera OP/Tech Mgr., IPB, Extreme Pro Invitational B-ball Showcase Uplink Operator/Engineer, 34 Univision-KMEX / Despierta America Director/Jib Operator/Camera Operator/ Technical Director, Westa.org PSSI Global/Up Link Operator/Camera Truck/B-Unit Coord. Van Nuys, CA.
Driver (Commercial Class A CDL), SirReel, Sun Valley, CA.
Freelance Jib Operator, NTWRK LIVE, Hollywood, CA.
Consultant / Art Teacher, Da Vinci Communications, El Segundo, CA.
Freelance Field Tech, Video Tech Services (VTS) Culver City, CA.
Freelance Car Prep/Driver, Shelly Ward Enterprises, No. Hollywood, CA.
Freelance Event Coordinator, Bumper Balls LA, Los Angeles, CA.
Tech Manager - Pink Sneakers Productions, Glendale, CA.
Gear Room Coordinator - Asylum Entertainment, Encino, CA.
Freelance Senior Installer - National TeleConsultants, Glendale, CA.
Package Fulfillment - Video Equipment Rentals (VER) Glendale, CA.
Freelance Installation Tech - Skylite Media, Pasadena, CA.
Postal Carrier - USPS, Brentwood, CA.
Camera Tech-Special Projects, Jr. AVID Tech Wexler Video Burbank, CA.
Technical Supervisor - DuBose Entertainment, Los Angeles, CA.
Set PA / Key PA on over 100 TV commercials and music videos. 2019 Combine-(LIVE)
2018 (LIVE)
2000-Current (LIVE)
2017-2018 (LIVE TV Prod.)
2016-2019 Roster #11
2018-2018 (LIVE)
2016-2017 - Instructor
2016-2017 - Utility
2016-2017 - (TV Prod.)
2016-2016 (Summer)
2015-2015 - (TV Prod.)
2014-2015 - (TV Prod.)
2007-2017 - (TV Tech)
2012-2014 - (TV Tech)
2006-2014 - (TV Tech)
2009-2012 - (Gov.)
2003-2007 - (TV Prod.)
2004-2006 - (TV Prod.)
1995-2002 - (TV Prod.)
Installation Tech, One Diversified, LLC Burbank, CA. (Capitol Group) 2023- Contractor Broadcast Installation Specialist, WP Tek (DirecTV LABC) Culver City, CA. 2023- Contractor Commercial Class A Driver, Quixote Studios, Sun Valley, CA(TV/Film Prod) 2020- Contractor Live Broadcast / Live Sports TV Production / Satellite Transmissions - 2017/2019 CONCOURS d’ELEGANCE Pebble Beach Monterey Bay, CA. B-Unit Coordinator NFL Monday Night Football Oakland, CA. B-Unit Coordinator Steven A Smith Show Paris Hotel / Las Vegas, NV. B-Unit Coordinator First Take / GGG vs. Canelo Paris Hotel / Las Vegas, NV. B-Unit Coordinator The Bachelor Specials Warner Brothers Burbank, CA. Up Link Operator Top Rank / Crawford vs Horn MGM Grand / Las Vegas, NV. B-Unit Coordinator GGG vs. Martirosyan Stub Hub Boxing/Carson, CA. Up Link Operator USC NFL PRO DAY USC / Los Angeles, CA. B-Unit Coordinator LA Fight Club Orpheum Los Angeles, CA Up Link Operator
PB / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
ABC / PSSI Global
ESPN / PSSI Global
HBO / PSSI Global
NFL / PSSI Global
HBO / PSSI Global
UFC / PSSI Global Fight Night Poirier vs. Gaethje Gila River Arena Glendale, AZ. Up Link Operator Serena Williams Charity La Quinta Tennis Club B-Unit Coordinator 2018 Spirit Awards Barker Hanger / Santa Monica CA. Up Link Operator Tennis Ch / PSSI Global
FIND / PSSI Global
MLB / PSSI Global Padres Press Conference Peoria, AZ. Sports Complex Up Link Operator Space X Gardena Airport
Newport Beach, CA.
Universal Studios / Hilton
B-Unit Coordinator
B-Unit Coordinator
B-Unit Coordinator
Barker Hanger Santa Monica CA. Up Link Operator
Sassy Films / PSSI Global
Wowow / PSSI Global
ESPN / PSSI Global
CBS / PSSI Global
ESPN / PSSI Global
2018 Infinity Reveal
Newport Beach Tennis
ESPN MLS Media Day
Critics Choice Awards
SEC Nation @ Rose Bowl Rose Bowl Pasadena, CA. B-Unit Coordinator KMEX/NBC Desperta America Los Angeles, CA. Up Link Opeator CITY OF CALIFORNIA CITY 08.13.2025 Page 110 of 247 108
WNBA / PSSI Global
HBO / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
Preliminary NBA Press HOB Luxor Las Vegas, NV. B-Unit Coordinator TV Azteca Boxing LIVE Mandalay Bay Las Vegas, NV. B-Unit Coordinator Steven A. Smith Radio Show MGM Grand / Las Vegas, NV B-Unit Coordinator First Take / Canelo/GGG MGM Grand Las Vegas, NV B-Unit Coordinator ESPN/FOX/PSSI Global Texas Tech vs, Kansas State Jones AT&T Stadium, TX. Up Link Operator PAC 12 / PSSI Global USC vs. Stanford
NFL / PSSI Global Rams vs. Colts
LA Coliseum Los Angeles, CA. Up Link Operator
LA Coliseum Los Angeles, CA. Up Link Operator
Live Nation / PSSI Global Freedom Broadcast LIVE Hollywood Palladium B-Unit Coordinator S/C Mayweather/McGregor Paris Hotel / Las Vegas, NV B-Unit Coordinator 4 th of July 5K/10K Run Pacific Palisades, CA. Pace Car Cameraman NBA Summer League ESPN/NBA Las Vegas, NV B-Unit Coordinator Steven A. Smith Radio Show Oakland, CA. Lake Chalet
ESPN / PSSI Global
PPPA / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
ESPN / PSSI Global
NBA Final’s The Jump
NBA Final’s First Take
Golden Boy Productions,
Oakland, CA. Lake Chalet
Oakland, CA. Lake Chalet
Live Boxing, Tucson, AZ
Unscripted TV Shows
Cmount/Carpool Karaoke w/ James Corden Talk Show
Unscripted
Unscripted
Unscripted
B-Unit Coordinator
B-Unit Coordinator
B-Unit Coordinator
Up Link Operator
Camera Prep Tech
Camera Technician
Camera Technician
Camera Technician
The Late Late Show
GSN / WEXLER
Nick / And Syndicated
NBC / WEXLER
Skylite Media
“Reality Paint Ball”
“Family Face Off”
“The Average Joe 1”
Rose Bowl Kickoff Luncheon Live Show & Presentation Camera Operator Pinksneakers Productions/GSN “Steampunk’d” Reality Competition Scripted/Bloopers
Unscripted
Unscripted
Unscripted
Tech Manager
DP/Gear Coord.
Gear Coordinator
Gear Coordinator
Gear Coordinator
ASYLUM Entertainment
ASYLUM Entertainment
ASYLUM Entertainment
ASYLUM Entertainment
HARPO Productions
“Hold My Beer”
“Hollywood Hillbillies”
“Beverly Hills Pawn”
“Finding My Father”
“The Oprah Winfrey Show,” Debt Diet Unscripted/Reality Unit ABC / Family Shapiro Grodner“Brat Camp” Unscripted
Unscripted
Unscripted
EIC-Mishawaka, ID.
EIC/Tech Coordinator
Assistant EIC
Assistant EIC
Unscripted Stunt Special POV Rigger/Talent
Unscripted POV Rigger/Pan&Tilt Op
Unscripted Hidden Video POV Rigger
Endemol USA/WEXLER
ABC / 310 Productions
History Channel / IPS / GM
Endemol USA / NBC
General Motors / WEXLER
BET / Interscope/Dubose/
“Extreme Home Makeover”
“The Benefactor”
“The Secrets of A Stuntman”
“Fear Factor”
“Game On Star” (12 City Tour)
“Keyshia Cole Project”
BET / Double D Productions
GRB / FOX (Pilot)
“Win Your Life Back”
“Secret Life Of A Soccer Mom”
Endemol USA / MTV (Pilot) “Fooling Around with”
Dubose / WEXLER “Foursome”
ABC Family / Rocket Pictures “Kicked Out”
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
Unscripted
NBC / Bunim Murray
NBC / Bunim Murray
ABC / Bunim Murray
MTV / Bunim Murray
MTV / WEXLER
NBC / WEXLER
NBC / WEXLER
NBC / WEXLER
Spike TV / WEXLER
Lock N Key / WEXLER
Next Entertainment
FOX / Lock N Key
Zoë & Sammy Productions
FOX / Rocket Science
Evolution / WEXLER
Lola Pix / WEXLER
FOX / Rocket Science
NBC / Lock N Key
NBC / West A Cathedral
“Starting Over” Encino
“Starting Over” Chicago (& Reinstall)
“The Scholar” USC
“Real World 14 San Diego”
“I Know Who You Are”
“The Firm”
“Average Joe 4”
“Last Comic Standing”
“Todd TV”
“The Bachelor”
“The Will”
“The Next Great Champ”
“Amish In The City”
“Coming Out”
“He’s A Lady”
“A Nightmare On Elm Street”
“Married By America”
“Even The Odds-Pilot”
“Johnny Cochran Funeral” Unscripted Live TV
Technical Supervisor
Technical Supervisor
Technical Supervisor
Technical Supervisor
Technical Supervisor
Technical Supervisor
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Full Technical Installation
Microwave Technician
Microwave Technician
Pelco Camera Operator
Video Village
Camera Operator
CITY OF CALIFORNIA CITY 08.13.2025 Page 111 of 247 109
Unscripted Hidden Video Gaffer
DV Camera Op/Tape Op.
CMT / GRB Productions
Nash Entertainment
ABC / Fremantle Media
HBO / WEXLER
MTV / WEXLER
“Beauty Secrets”
“For Better or Worse”
“American Inventor”
“America Undercover”
“Osbornes”
Unscripted
Unscripted
Unscripted
Unscripted
Strike Technician
Strike - Uninstall
Strike - Uninstall
Assistant Direction
The Ultimate Group “B2K” 1st AD
Hypnotize Minds Productions “More Choices D” 2
nd AD
2 nd AD
2 nd AD
2 nd AD
The Ultimate Group
The Ultimate Group
The Ultimate Group
The Ultimate Group
“B2K / Fabulous”
“Marques Houston”
“Marques Houston”
“Nick Cannon / B2K” 2
nd AD
Live: Television, Concerts:
House of Blues / Gibson-Universal “Cheetah Girls”
New Year’s Eve Hawaii / Hilton Hawaiian Village “Four Tops” Television & Film
“Wanda AT Large”
Music Commercial
Feature Film
Music Video
Music Video
Music Video
Music Video
Live Concert
Live Concert
FOX Sitcom
“Drew Carey,” “George Lopez” & “Nikki” Office PA
Film / TV
Feature Film
Pre-production
Post Production
Camera Assistant & Grip
Camera Assistant & Grip
Key Set PA (Stage Mgr.)
Mail Room PA
Camera Utility
Air Condition Tech/SetPA
Sound/Video Tech
Quality Control/PA
U.S. / Russian TV Drama Art Director
U.S. / Russian TV Drama Production Assistant
Mohawk Productions / WB
Mohawk Productions / WB
MLB / FOX Sports
Shadyacres
Central City Productions
BET
RGI Productions
RGI Productions
B.A.P.S. / BPS / TBS
Productions / NUE
Lookout Films
“World Series 2002”
“Bruce Almighty”
“17th Annual Stellar Awards”
“10th Anniversary Comic View”
“Force of One”
“Force of One”
“Dinner &A Movie”
“NUE TV”
“Garden Party”
Cable TV
Commercial
Film
Camera Utility Kuzsa
DV Camera Operator
Transportation PA (7 Ton)
I run the Set as a 1
stAD, manage talent as a 2ndAD, and manage equipment and crews as a Tech Coordinator. I distribute Camera equipment and facilitate the needs of the crew. I manage L&D, inventory lists of supplies to order including tools, expendables and products for specific projects. I replenishing supply drawers and cabinets, and make restocking requests.
I prepare video village, assist producers, engineers, lighting & grip dept, wardrobe, craft services, art dept, camera operators, techs, actors, background and food services.
I am a Professional Driver with a Class A CDL. With this skill I manage transportation and drivers.
I have extensive Key PA knowledge. My skills consist of Cube Truck pick-ups, returns, GPS, petty cash management, and walkie-talkie usage. I sort and distribute mail and inter-branch mail. I confirm script changes, upkeep of kitchen supplies on a weekly/daily basis, and help set up or assist all department.
PRODUCTION CREW FACILITIES MANAGEMENT: Description of general duties performed.
EDUCATION AND TRAINING
Hi Desert Truck Driving School: DOT: Commercial Class A Driving/Air Brake/Pre Trip Course, Certificate 2016 - Class A LA Valley College: Class of TBD - Major: Electronics
UCLA Extension: Cinematography 1 - Framing, angles, filters, effects, theory and history. Fall 2007 Wexler Video, Inc. AVID Set Up: Nitris, Adrenaline and Meridian Systems. July 2006 - January 2007 Streetlights Production Program: Hands-on TV/film production. Basic PA knowledge, map reading, petty cash management, walkie usage, film/TV production vocabulary, equipment, hierarchies and day to day operations. April - May 2002 Computer Software: PC/Mac -Type: 40-45wpm, Excel, Outlook, MS Word, Final Cut Pro X, Adobe Photoshop, Graphic Design CITY OF CALIFORNIA CITY 08.13.2025 Page 112 of 247 110
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Please Return To:
Leann Weible, Acting City Clerk 21000
Hacienda Blvd.
California City, CA 93505
(760) 373-8661 [email protected]
FILING DEADLINE: Tuesday July 29, 2025 at 4:30 PM.
CITIZEN APPLICATION FOR APPOINTMENT TO CITY COUNCIL
NAME: Jessica Alvarez
HOME ADDRESS:
DATE OF BIRTH: ________ __________________
REGISTERED VOTER: YES O NO
CONTACT INFORMATION:
Home Phone: Work: Mobile:
Email:
Method of Contact Preferred: email
LENGTH OF RESIDENCE
At above address: _5 years __ In California City _5years _In Kern County:5years _ OCCUPATION:
Occupation: Registered Behavioral Technician
Employer:
Employer Address:
EMPLOYMENT HIGHLIGHTS:
CITY OF CALIFORNIA CITY 08.13.2025 Page 118 of 247 116
(Attach additional pages as necessary.)
EDUCATION (highest school year, degrees, etc.)
GED, some college
LIST PAST OR PRESENT INVOLVEMENT WITH THE CITY, ANY COUNCIL
APPOINTED COMMITTEE OR COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP.
City council candidate last year
PAST AND PRESENT COMMUNITY SERVICE:
WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY COUNCIL?
Compassion , honesty, dedication
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(Attach additional pages as necessary.)
WHAT DO YOU HOPE TO ACCOMPLISH WHILE A PART OF THE CITY COUNCIL? Improve Infrastructure and Services: I’d focus on maintaining and upgrading public infrastructure, such as roads, public facili�es, and u�li�es, while ensuring financial sustainability Strengthen Community Engagement and Equity: I’d push for inclusive decision-making, ensuring diverse voices are heard, as seen in Sebastopol’s community feedback-driven priori�es Foster Economic Vitality: I’d aim to support local businesses and job crea�on, par�cularly in underserved areas, by backing policies
Promote Sustainable Development: I’d work to balance growth with environmental stewardship, suppor�ng projects .
Enhance Community Well-Being and Safety: I’d prioritize initiatives that improve quality of life, such as expanding access to parks, recreation, and youth programs,
WHAT PROBLEMS, ISSUES, OR CONCERNS DO YOU SEE FACING THE CITY OF CALIFORNIA CITY AND HOW WOULD YOU PROPOSE THEY BE ADDRESSED? Financial Instability: The Grand Jury report painted a troubling picture of our finances, with delayed budgets, no long-term planning, and reliance on a preliminary budget. As councilmember, I’ll prioritize fiscal responsibility and strategic planning to stabilize our budget.
Water System Upgrades: Our outdated water infrastructure demands urgent attention. I’ll ensure it’s done transparently to balance affordability and progress.
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Please list three (3) references with telephone numbers:
1. 2.
3. PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge.
Jessica Alvarez
Signature of Applicant Date 07/27/2025
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
CITY OF CALIFORNIA CITY 08.13.2025 Page 121 of 247 119
JESSICA ALVAREZ
Skills Summary
Compassionate Behavioral Therapist and Registered Behavior Technician (RBT) skilled in treating individuals with mental health and behavioral disorders using evidence-based techniques, including Applied Behavior Analysis (ABA). Proficient in conducting assessments, developing individualized treatment plans, and collaborating with clients, families, and professionals to improve quality of life. Brings over two years of experience as a Behavioral Interventionist and four years in security and surveillance, with a proven record of apprehending 50 shoplifters in six months, demonstrating strong observational skills and integrity. Fluent in Spanish and excels in detailed documentation and conflict resolution.
Education
Pierce College, Woodland Hills, CA Completed 2021 Business Law course
ICDC College, Van Nuys, CA
Completed 2011 Homeland security and investigations Diploma Experience
Behavioral Education Analyzes Research, California City, CA Behavioral Therapist
October 2024 – Present
• Conduct comprehensive behavioral assessment
• create individualized treatment plans using (ABA).
• Implement treatment plan to modify behaviors
• Monitor client progress through data collection
• Collaborate with clients, families, clinical team to align therapeutic goals • Maintain accurate, detailed records and produce clear reports to document progress and communicate with stakeholders.
Comprehensive Unique Behavioral Services,
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Ridgecrest, CA
Behavioral interventionist
July 2021 – January 2024
• Delivered individualized behavioral interventions to clients with mental health and developmental disorders, utilizing Applied Behavior Analysis (ABA) techniques • Assisted in developing and implementing treatment plans with supervising clinicians, • Collected and analyzed behavioral data
• Documented session notes and prepared reports to communicate client progress to supervisors and stakeholders.
Loss Prevention Detective
Macy’s, Glendale, CA
October 2013 – January 2014
• Investigated suspected external fraud, employee theft, and embezzlement, apprehending 50 shoplifters in six months
• Monitored CCTV systems and responded to alarms, medical emergencies, bomb threats, and fire incidents to ensure safety.
• Prepared detailed incident reports and liaised with law enforcement to resolve cases • Conducted interviews and undercover surveillance to prevent losses and enhance store security.
Loss Prevention Agent
Walmart, Porter Ranch, CA
April 2010 – August 2013
• Investigated fraud, theft, and embezzlement incidents, ensuring asset protection and compliance with safety protocols.
• Continuously monitored security cameras, fire alarms, and building systems to maintain a secure environment.
• Responded to emergencies and investigated complaints related to fire, theft, and hazards, collaborating with law enforcement.
• Documented incidents thoroughly to support case resolution and organizational safety objectives.
Acknowledgements:
City council candidate in 2024
California city CA
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CC 1
COUNCIL AGENDA ITEM
TO:
FROM:
August 26, 2025
Honorable Mayor and City Council
Christopher Lopez, City Manager
Kenny Cooper, Finance Manager
SUBJECT: Approve City Check Registers dated 07/18/2025-08/07/2025 AND 08/08/2025— 08/21/2025
BACKGROUND/ DISCUSSION:
The following checks have been prepared by the Finance Department. The items are provided to the Mayor and City Council for review and approval.
RECOMMENDATION:
Staff recommends the City Council discuss and approve the attached check register. 148
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NB 2
COUNCIL AGENDA ITEM
August 26, 2025
TO: Honorable Mayor and City Council
FROM: Christopher Lopez, City Manager
Joe Barragan, Public Works Director
SUBJECT: A Resolution Of The City Council Of The City Of California City Authorizing The City Manager To Execute The Contract With BHT Engineering, Inc. For On-Call Professional Engineering Services for Local, State, And Federally Funded Projects BACKGROUND: City Staff created and advertised an RFQ for On-Call Professional Engineering Services to comply with State and Federal Regulations. Only two firms submitted their qualifications, BHT and DPSI. Of the two qualifications submitted, only one was responsive (BHT). DPSI was marked as “non-responsive” due to a lack of required content in their submission.
BHT contract expired 6/30/2025, BHT had been the City’s Engineer for the last six years. So currently the City does not have a contract with an Engineering Firm. BHT has done a great job for the City over the last six years and since they were the one responsive firm to submit their qualififcations, staff would like the City Council to authorizes the City Manager to enter into a contract with BHT until 06/30/2030.
RECOMMENDATION: The City Council approve and authorize the City Manager to sign a new agreement with BHT with an expiration date of 06-30-2030.
ATTACHMENTS:
1. Proposed Contract
2. BHTs Qualifications Packet
3. Proof of Publication
4. Resolution
FISCAL IMPACT:
Contract / Agreement Fees will vary per project.
Fees are charged on a per-project basis, and no projects are started until a signed task order before any work begins.
ENVIRONMENTAL ACTION:
N/A
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CITY OF CALIFORNIA CITY
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 26TH day of August 2025, by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Blvd., California City, CA 93505 ("City") and BHT ENGINEERING, INC., a Civil Engineering, Building Design & Construction Management Corporation in the state of California, with its principal place of business at 218 South H Street, Suite 203; Bakersfield, CA 93304 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional On-Call Professional Engineering Services for activities associated with Local, Federal, and State funded projects consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional On-Call Professional Engineering Services for activities associated with Local, Federal, and State funded projects consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render On-Call Professional Engineering Services for activities associated with Local, Federal, and State funded projects ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City
all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On-Call Professional Engineering Services for activities associated with Local, Federal, and State funded projects consulting services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, the Consultant acknowledges that Consultant will be executing a contract, substantially similar to the contract at Exhibit “D,” and Consultant hereby agrees that it will comply with all legal requirements, including all Federal requirements, applicable to the Services as identified in said contract.
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3.1.2 Term. The term of this Agreement shall be from August 26, 2025 to June 30, 2030, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates.
The Services shall
be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within
the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall
be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key
personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Juan M.
Pantoja, Ramon H. Pantoja, and Miguel H. Pantoja.
3.2.5 City's Representative. The City hereby designates Joe Barragan, Public Works Director, or his/her designee, to act as its representative in all matters 182
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pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement.
Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Juan M. Pantoja CEO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with 183
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Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1Time for Compliance. Consultant shall not
commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2Types of Insurance Required. As a condition
precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability:
Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance:
Automobile Liability Insurance
with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Code 1), or if Consultant has no owned autos, “Hired Auto” (Code 8) and “Non-Owned Auto” (Code 9), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence
(C) Workers'
Compensation/Employer’s Liability: Workers'
Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation/Employer’s Liability Insurance in accordance with this section. (D) Professional Liability (Errors &
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insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.10.3Insurance Endorsements. Required insurance
policies shall contain the
following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
[INSERT "and Pollution Liability"; OTHERWISE, ALWAYS DELETE]:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
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(D) Professional Liability (Errors &
Omissions):
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.10.4Primary and Non-Contributing Insurance. All
policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5Waiver of Subrogation. All policies of
Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.10.6Deductibles and Self-Insured Retentions. Any
deductible or self-insured
retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7Evidence of Insurance. The Consultant,
concurrently with the execution
of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.
If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or 186
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reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8Failure to Maintain Coverage. In the event any
policy of insurance
required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.10.9Acceptability of Insurers. Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Enforcement of Agreement Provisions
(non estoppel). Consultant
acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.10.11 Requirements Not Limiting.
Requirement of specific coverage or
minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.12 Claims Made Policies. If any of the
required policies provide
coverage on a claims-made basis:
(A) The Retroactive Date must be
shown and must be before the
effective date of the Agreement or the beginning of work under this Agreement. (B) Such insurance must be
maintained and evidence of insurance
must be provided for at least five (5) years after completion of all services under this Agreement. (C) If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of all services under this Agreement.
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3.2.10.13 Special Risks or Circumstances. City
reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
3.2.10.14 Insurance for Subconsultants.
Consultant shall include all
subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable.
The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Water Quality Management and Compliance.
3.2.12.1Storm Water Management. Storm, surface,
nuisance, or other waters may
be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2Compliance with Water Quality Laws,
Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant shall additionally comply with the lawful requirements of the City, and any other water district, municipality, drainage district, or other local agency 188
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with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3Standard of Care. Consultant warrants that all
employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4Liability for Non-compliance.
(A) Indemnity: Failure to comply
with laws, regulations, and
ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right
to defend any enforcement action
or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek
damages from Consultant for delay in
completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed the amount on the signed Task Order that relates to the specific project without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.1 (A) For Federal and State funded projects subject to Caltrans oversight, the amount payable by the City for all Task Order Contracts must not exceed a cumulative maximum total value of Nine Hundred Eighty-Nine Thousand Dollars ($989,000). It is understood and agreed that there is no guarantee, either 189
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expressed or implied, that this dollar amount will be authorized under this contract through Task Orders.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice
which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 California Labor Code Provisions.
3.4.1 Prevailing Wage Law. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall obtain a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, Consultant may view a copy of the prevailing rates of per diem wages at the City. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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3.4.2 Registration. If the services are being performed as part of an applicable “public
works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written
notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is
terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this
Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.1.4 Delivery of Notices. All notices permitted or
required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: BHT ENGINEERING, INC.
218 South H Street
Suite 203
Bakersfield, CA 93304
ATTN: Juan M. Pantoja CEO
City: City of California City
21000 Hacienda Blvd.
California City, California 93505
ATTN: Joe Barragan, Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Ownership of Materials and Confidentiality.
3.6.2.1 Documents & Data; Licensing of Intellectual
Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.6.2.2 Confidentiality. All ideas, memoranda,
specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.2.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary 192
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Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and
shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.4 Attorney's Fees. If either party commences an action against the other party, either
legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.6.5 Indemnification.
3.6.5.1 Scope of Indemnity. To the fullest extent
permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
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3.6.5.2 Additional Indemnity Obligations. To the fullest extent permitted by
law, Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and 194
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paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.6.19 Labor Certification. By its signature hereunder, Consultant certifies that it is aware
of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.6.20 Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work
required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF CALIFORNIA CITY BHT ENGINEERING, INC.
By: By:
Christopher Lopez Juan M. Pantoja, CEO
City Manager
ATTEST:
By:
Ramon Pantoja, CFE
By:
City Clerk
APPROVED AS TO FORM:
By:
Victor Ponto
City Attorney
196
EXHIBIT "A"
197
198
199
200
201
202
203
204
205
206
207
208
209
210
EXHIBIT "B"
211
SCHEDULE OF SERVICES
Services are listed in Exhibit A. Services will only be provided when a Task Order is signed by a representative from the City who is authorized to do so. 212
EXHIBIT "C"
COMPENSATION
213
24482.00000\29962125.1
Exhibit "D"
214
24482.00000\29962125.1
215
City of California City
Proposal
RFQ for On-Call Professional Engineering Services for
Federal and State Funded Projects
May 29, 2025
BHT ENGINEERING, INC.
Civil Engineering, Building Design & Construction Management 216
BHT ENGINEERING, INC. 218 S. “H” Street, Ste. 201 Bakersfield, CA 93304 Civil Engineering, Building Design & Construction Management (661) 558-4641 May 29, 2025
City of California City
Joe D. Barragan – Public Works Director 21000
Hacienda Blvd.
California City, CA 93505
Re: RFQ for On-Call Professional Engineering Services for Federal and State Funded Projects Dear Mr. Barragan,
This presentation is submitted in response to your Request for Qualifications (RFQ) for On-Call Professional Engineering Services for federally and state-funded projects. BHT Engineering, Inc. understands that the primary objective of this RFQ is to select a qualified engineering firm to provide on-call or as-needed professional engineering services for the City of California City’s federal and state-funded projects. The required services include, but are not limited to, CEQA/NEPA coordination and compliance documentation, program and project management, construction management and engineering, feasibility studies, preliminary engineering, design, surveying, mapping, landscape architecture, and architectural services. Additionally, the firm will provide incidental services necessary for the development and implementation of federal-aid and state-funded projects, as well as representation of the City during federal and state audits.
BHT Engineering, Inc., a California corporation, was founded in 2018 as an engineering firm specializing in consulting services for municipal clients in Kern County. The company is led by three brothers, who together bring over 55 years of combined experience. Our firm provides a comprehensive range of services, including civil engineering, surveying, construction management, architecture, planning, and public works. With our expertise, experience, and depth of resources, we can respond swiftly to work requests, delivering cost-effective solutions and high-quality products that maximize value for our clients.
The project team has a proven history of collaborating closely with local, state, and federal agencies to successfully complete engineering and public works improvement projects. Our team has delivered numerous projects under FHWA, FAA, FEMA, USDA, CDBG, state, and local programs for the cities of McFarland, Taft, Maricopa, Ridgecrest, Wasco, and California City.
Organizational references are provided for your review.
Sincerely,
217
Juan M. Pantoja, P.E. C64740
Principal/CEO, BHT Engineering, Inc.
(661) 558-4641, [email protected]
DBE Firm ID: 46277
City of California City – RFQ for On-Call Professional Engineering Services
TABLE OF CONTENTS
1. COVER LETTER
2. ORGANIZATION AND APPROACH............................................................................. 1 A. Firm Background ........................................................................................................ 1 B. Project Manager ......................................................................................................... 1 C. Proposed Subconsultants .......................................................................................... 1 D. Organization Chart/ Project Team .............................................................................. 3 E. Project and Management Approach ........................................................................... 3
3. QUALIFICATIONS & EXPERIENCE............................................................................ 4 A. Familiarity with State & Federal Procedures............................................................... 5 B. Response Time / Resources ...................................................................................... 6 C. Local, State And Federal Aid Grant Applications/Programs........................................ 7 D. Street Improvement Projects...................................................................................... 7 E. Comparable Projects .................................................................................................. 8
4. SCOPE OF WORK/SERVICES ................................................................................. 11 A. PROJECT MANAGEMENT ....................................................................................1 2 1. Design Phase Authorization
...............................................................................1 2
2. Progress Invoicing
..............................................................................................1 2 B. PRELIMINARY ENGINEERING .............................................................................1 3 1. Environmental Compliance – NEPA
...................................................................1 3
2. Surveys and Mapping
.........................................................................................1 4 218
3. Preliminary Engineering Studies – Geotechnical Analysis .................................1 4
4. Utility Coordination
.............................................................................................1 5
5. Preliminary Design - Plans and Estimate
...........................................................1 6
6. Design Phase
.....................................................................................................1 7
7. Permits
...............................................................................................................1 8
8. Construction Phase Authorization
......................................................................1 8
9. Bidding and Award of Project
.............................................................................1 8 C. CONSTRUCTION ENGINEERING ........................................................................1 9 1. Award Package
..................................................................................................2 0
2. Pre-Construction Conference
.............................................................................2 0
3. Construction Surveys/Staking
............................................................................2 1
4. Project Records .................................................................................................. 22 5. Tracking Contract Time
......................................................................................2 3
6. Engineer’s Daily Reports
....................................................................................2 3 May 29, 2025
City of California City – RFQ for On-Call Professional Engineering Services
7. Check Certified Payrolls
.....................................................................................2 3
8. Employee Interviews
..........................................................................................2 4
9. Disadvantaged Business Enterprises (DBE)
......................................................2 4
10. Change Orders ...............................................................................................2 4 219
11. Quality Assurance Program ............................................................................2 5 12. Progress Pay Estimates and Payments ..........................................................2 6 13. Project Close Out ............................................................................................2 6 5. CERTIFICATES INSURANCE ................................................................................ 27 6. CONFLICT OF INTEREST ...................................................................................... 27 7. LITIGATION ............................................................................................................ 27
8. CONTRACT AGREEMENT ..................................................................................... 27 9. FEDERAL-AID PROVISIONS (DBE) ...................................................................... 28 APPENDIXES
STAFF RESUMES
REFERENCES
ATTACHMENTS
ATTACHMENT A – Exhibit 10-O1 – Consultant Proposal DBE Commitment ATTACHMENT B – Exhibit 15-H – DBE Information - Good Faith Effort ATTACHMENT C – Exhibit 10-Q - Disclosure of Lobbying Activities ATTACHMENT D – Signed copy of Proposer’s ACKNOWLEDGEMENT of the draft contract
220
May 29, 2025
221
222
City of California City – RFQ for On-Call Professional Engineering Services May 29, 2025 Page 1
2. ORGANIZATION AND APPROACH
A. Firm Background
BHT Engineering, Inc., founded in Bakersfield, has been a California corporation since 2018, formed through a partnership between three brothers. Juan M. Pantoja serves as the Principal Civil Engineer and CEO, Ramon H. Pantoja as the Financial Officer, and Miguel H. Pantoja as the Secretary.
BHT Engineering, Inc. provides on-call and as-needed technical staff support for its clients, offering expertise in civil engineering, surveying, construction management, architecture, planning, and public works. With extensive experience and deep resources, the company responds swiftly to work requests, delivering cost-effective solutions and high-quality products that maximize client value.
Our team of dedicated professionals brings a wealth of knowledge, experience, and commitment to every project. We efficiently manage each undertaking, ensuring alignment with the project’s scope, budget, and schedule, while consistently producing and delivering quality results.
Currently, BHT Engineering, Inc. performs responsibilities of City / Transportation Engineer for the City of McFarland, the City of Taft and the City of Wasco and for the City of California City.
B. Project Manager
Mr. Juan M. Pantoja is a Registered Civil Engineer Lic. No 64740. Mr. Pantoja will act as the Project Manager for this contract and is authorized to negotiate contract terms and make binding agreements.
C. Proposed Subconsultants
Environmental Consultant
BHT Engineering, Inc. team will be supported by Sapphos Environmental, Inc. for environmental consultant services – as needed.
x Sapphos Environmental, Inc. is familiar with the California City region and has wide-ranging experience and a broad working knowledge of the requirements associated with regulatory compliance related to the protection of biological resources in Kern County, CA, as specified by the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the Federal and State Endangered Species Acts (ESAs), the Migratory Bird Treaty Act, Sections 401 and 404 of the Clean Water Act, and Section 2081 of the State Fish and 223
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Game Code, as well as local policies and regulations pertinent to the specific challenges of natural resources in local areas.
Geotechnical Services
BHT Engineering, Inc. team will be supported by BSK Associates (BSK) and/or Soils Engineering, Inc. (SEI) for Geotechnical engineering and Materials Testing services as needed for Federal/State funded projects.
x BSK provides geotechnical engineering, environmental consulting, construction observation/materials testing/special inspection, and analytical laboratory services for clients with projects ranging in size from small to complex, in both natural and built environments.
BSK is 100 percent employee-owned and has grown to a staff of more than 200 with offices, laboratories, and sample drop-off locations throughout California (Livermore, Rancho Cordova, Fresno, San Bernardino, and Bakersfield). Mr. Adam Terronez, PE, GE will be the Project Manager for this contract.
x Soils Engineering, Inc. (SEI) geotechnical and materials division for geotechnical engineering, construction observation/materials testing/special inspection, and analytical laboratory services as needed. SEI has almost 60 years of experience in providing geotechnical and geological engineering, environmental assessments, and testing and surveying services to private, government and industrial clients throughout California. Mr.
On Man Lau, M.Sc., P.E., G.E. will be the Project Manager for this contract.
Land Surveying Services
BHT Engineering, Inc. team will be supported by Wiley D. Hughes Surveying, Inc. to conduct Land Surveying services (right of way surveys, boundary surveys, Construction Layout, Topographic Mapping, Boundary/Cadastral Surveys, Highway and Road Surveys, and Legal Descriptions, etc.) if any and as necessary by the specific project’s scope.
x Wiley D. Hughes Surveying, Inc. is a full-service professional firm which specializes in the discipline of land planning, and land surveying. The work experience of Wiley D. Hughes allows us to expedite many aspects of development projects. The principal, Wiley D. Hughes, P.L.S. #3779, has over 54 years of experience in virtually every type of field surveying. Wiley D. Hughes Surveying, Inc. is a fully staffed office consisting of licensed land surveyors, experienced computer operators, and experienced Design Specialist. . Mr. Wiley D. Hughes, P.L.S. will be the Project Manager for this contract.
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D. Organization Chart/ Project Team
The following organization chart reflects our proposed key team members that will work on the assigned projects. Full resumes for BHT Engineering, Inc. team members are included in the Appendix.
* Note: Personnel performing field work, will be invoiced at prevailing wage rate per attached fee schedule. As required by Senate Bill # 1999.
E. Project and Management Approach
BHT Engineering, Inc. is led by Principal Engineer Juan M. Pantoja, who directly supervises all phases of field surveys, design, plan preparation, and construction management for federally and state-funded projects, municipal public works, airports, industrial and commercial developments, and 225
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private ventures. Mr. Pantoja oversees a team of engineering professionals—refer to the Organization Chart on page 3 for details.
Professional Civil Engineer, Juan Pantoja and Senior Project Managers, Ramon Pantoja and Miguel Pantoja are assigned local, federally and state funded projects based on the project’s need and complexity. They are responsible and perform every aspect of the project including Federal Highway Administration (FHWA), Federal Aviation Administration (FAA), Federal Emergency Management Agency (FEMA), United State Department of Agriculture (USDA), Community Development Block Grant (CDBG) program applications, project topographic field survey, project design, environmental review and documentation, preparation of plans and specifications, cost estimates, budgets, construction management/inspection, and preparation of invoices and closeout of the project. They must coordinate and communicate with owners, contractors, other engineering professionals, government and private regulatory agencies for project approval to coordinate design and project alternatives.
BHT Engineering, Inc. personnel use the Caltrans Local Assistance Procedures Manual (LAPM), Caltrans Standard Specifications and Standard Plans, the Subdivision Construction Standards and Engineer’s Design Manual, FAA Advisory Circulars and the Subdivision Map Act, for improvement development plans and specifications on a daily basis.
BHT Engineering, Inc.’s team of working professionals offers the highest level of experience, knowledge and commitment in providing engineering services. Our purpose is to manage each project we undertake efficiently, with respect to the project’s work scope, budget and schedule; ultimately producing and delivering quality work product for that project.
3. QUALIFICATIONS & EXPERIENCE
BHT Engineering, Inc. provides on-call and as-needed technical staff support for its clients. The firm possesses a comprehensive skill set for managing projects through various stages of federal and state funding processes, ensuring smooth execution and compliance—from grant awards to final project closeout.
With strong computer, engineering, and surveying expertise, BHT Engineering, Inc. is structured to handle topographic surveys, design, project management, field construction management, and construction inspection functions full-time, utilizing advanced data processing and communication systems. Our team is dedicated to Municipal City Engineering and Public Works Improvement 226
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Projects, bringing extensive experience in preliminary design, final design, bidding, construction phase management, inspection, and project closeout.
On a routine basis, our personnel prepare comprehensive and well-organized daily reports, negotiate change orders, review construction schedules, and resolve design-related issues. They also manage monthly billing, extra work bills, and submittals while maintaining office records in accordance with the Caltrans filing system. Additionally, they monitor projects for labor and DBE compliance, prepare progress reports, and oversee project billing invoices. With a meticulous approach, our team accurately interprets project plans, specifications, construction survey staking, and field notes to ensure successful project completion—both financially and physically.
A. Familiarity with State & Federal Procedures
Extensive Working Knowledge of Federal and State Policies and Procedures x Regional Surface Transportation Program (RSTP) x Congestion Mitigation and Air Quality (CMAQ) x Community Development Block Grant (CDBG) x Active Transportation Program (ATP) x SB1 Road Repair and Accountability Act of 2017 x TDA Article 3 x Kern Council of Governments (KCOG) x Highway Safety Improvement Program (HSIP) x California Department of Transportation (Caltrans) x Federal Aviation Administration (FAA) x Federal Highway Administration (FHWA) x Federal Emergency Management Agency (FEMA) x Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) BHT Engineering, Inc. has extensive knowledge of regulations governing federal, state, county, and local funds. This expertise is crucial in executing projects funded by federal and state programs, which require specialized permitting and reporting compliance.
We actively maintain strong communication with local, state, and federal agencies to secure project funding assistance, fostering productive working relationships with federal and state personnel, particularly within Caltrans Districts 6 and 9 and the Kern Council of Governments. Additionally, we have significant experience managing projects within Caltrans right-of-way, fully understanding their environmental and design procedures and requirements.
The evolving local and national economic landscape has heightened the need to secure financial aid for local development, infrastructure upgrades, and new construction. Recognizing this demand, BHT Engineering, Inc. remains vigilant in identifying and pursuing funding opportunities. Our team prepared the 2023 RSTP Call for Projects Application for the Cities of Taft and California City, as well as the 2023 CMAQ Call for Projects for the City of California City. 227
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Our success in grant applications and funding programs stems from our ability to communicate efficiently with key government personnel, ensuring all applications are thorough, complete, and supported by necessary documentation.
BHT has assisted cities at various project stages with:
x FTIP programming
x Request for authorization to proceed with preliminary engineering x Request for environmental approval
x Right-of-way certification
x Request for authorization to proceed with
construction x Award submittal x Progress
invoice
x Final report of expenditures
Samples of Caltrans/federal documentation BHT has completed include: x Field review
x Request for authorization and data
sheets x Finance letters
x Preliminary environmental study
(PES) x Local programs agreement
checklist x Detail estimate and
summary
x Plan, specification, and estimate certification
x Resident engineer's construction contract administration checklist x Local agency contract award checklist x Federal report of expenditures letter and checklist x Materials certificate x Local agency final inspection form
B. Response Time / Resources
BHT Engineering, Inc. uses state-of-the art software for design and analysis of civil engineering projects such as roadways, sanitary sewer and storm drain lines. The company uses the latest versions of AutoCAD Civil 3D and mapping design systems. Spectra GPS and Trimble Total Station equipment is used exclusively for field survey, and the powerful companion software allows unparalleled flexibility in developing data exchange formats and data collection tools. We are constantly upgrading our software to remain on the cutting edge of new technology. We have a full complement of computers, word processing capabilities and electronic field equipment. These are used with HP printers and large format plotters.
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BHT Engineering, Inc. responds quickly to the needs of our Clients. The engineering needs of the City would receive the same high priority that is given to other cities. We are able to be responsive by using advanced computer and communication systems discussed earlier. We can work as much or as little as demand dictates. Our primary reason for success has been to respond quickly with action to get the job done. BHT Engineering, Inc. has the expertise, experience and depth of resources to respond quickly to any work requests. We deliver cost-effective solutions in quality products that provide maximum value to our clients.
Organization Chart presented on page 3 reflects our proposed key team members that will be working with the City. Full resumes for BHT Engineering, Inc. team members are included in the Appendix.
C. Local, State And Federal Aid Grant Applications/Programs BHT Engineering, Inc. is available for all projects and additional services as needed by the City. We have been very active in communicating well with Local, State and Federal Agencies on a continuing basis to obtain project-funding assistance. This has involved extensive communications and working relationships with Federal and State personnel, particularly Caltrans District 6 and District 9, and Kern County Community Development Block Grant Programs. BHT Engineering, Inc. has also worked closely worked closely with the local Kern Council of Governments, Caltrans, and the Federal Highway Administration in the design and construction of road improvement projects.
The local and national economic climate for the past few years have placed an ever increasing need to acquire all project financial aid available for local development as well as infrastructure update and new construction. Identifying and obtaining project funding is a full-time job. BHT Engineering, Inc. has long identified the need for a constant awareness of funding options and exercises these options continually. Recently, BHT Engineering, Inc. prepared the 2023 RSTP Call for Projects Application for the Cities of Taft, and California City and the 2023 CMAQ Call for Projects for the City of California City. BHT Engineering, Inc. success with respect to the Grant Applications/Programs is a result of our ability to communicate quickly with key government personnel to ensure all applications are complete and to supply information as needed.
D. Street Improvement Projects
BHT Engineering, Inc. performs responsibilities of City / Transportation Engineer for the City of McFarland, the City of Taft the City of California City and the City of Wasco. Our company has knowledge and understanding to provide and accomplish Street Improvement Projects for arterial 229
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and collector roads funded by State and Federal Regional Surface Transportation Program (RSTP) and Congestion Mitigation and Air Quality (CMAQ) funds administered by the Kern Council of Governments (KCOG). The Regional Surface Transportation Program (RSTP) is the primary funding source for many of these road projects. Additional State and Federal funding programs of (TEA) Transportation Enhancement Act, (HSIP) Highway Safety Improvement Program, (RTIP) Regional Transportation Enhancement Act, (CDBG) Community Development Block Grant, and Proposition SB1 were and are being utilized. All of these projects include improvements compliant with the American Disabilities Act (ADA) for sidewalks, curb ramps, and drive approaches. BHT Engineering, Inc. typically provides special detailed drawings for ADA improvements and works with the contractor in the field to ensure requirements are met. Often State funded projects require approval from the Division of the State Architect (DSA) and BHT Engineering Inc. has experience in this process and has successfully gained DSA approval on past projects. BHT Engineering, Inc. utilizes different types of street project designs of hot surface recycle and cold recycle in addition to new construction, slurry seal, and total reconstruction.
E. Comparable Projects
The following are comparable projects the Project Team of BHT Engineering, Inc. has completed.
Mendiburu Road Construction – CML – 5399-(031)
Project Objective, Description, and Outcome: The Project Team provided Preliminary Engineering and Construction Engineering services for the road construction of a one-mile segment of Mendiburu Road, extending from Hacienda Blvd. to Neuralia Rd. in California City. The project scope included the new roadway construction, installation of hot mix asphalt pavement over a cement-treated subbase, and the construction of a cast-in-place triple box culvert. Additional improvements included curb and gutter installation, cross gutters, shoulder grading, traffic striping, pavement markings, and roadside signage. To enhance safety and accessibility, the project incorporated dedicated bike lanes to accommodate students commuting to and from the local high school. Construction was successfully completed in February 2024.
Funding Source: Federal (CML) and Local funds
Owner: City of California City
Contact: Joe D. Barragan; (760) 373-7297
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Project Manager: Juan M. Pantoja; (661) 558-4641
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Contract Amount: PE: $36,990; CE: $373,500
Date of Contract: PE: 3/18/21; CE: 6/30/23
Date of Completion: PE: January 2023; CE: Summer 2024 – Close-out in progress
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HSIP Cycle 10 - Pedestrian Safety Improvements - Various Locations – HSIPSL – 5343-(018) Project Objective/Description/Outcome: The Project Team provided Preliminary Engineering and Construction Engineering services to enhance pedestrian safety at multiple locations throughout the City of McFarland. The project scope included the removal and replacement of curbs, gutters, sidewalks, and a curb ramp. Additional improvements involved the installation of warning signs and upgrading pavement markings to high-visibility standards, ensuring greater safety for pedestrians.
Construction was successfully completed in November 2024.
Funding Source: State (HSIP) and Local funds
Owner: City of McFarland
Contact: Adam Cabrera; (661) 869-5106
Project Team Role: Preliminary Engineering (Survey, CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Close-out) Materials testing by subconsultant – SEI
Project Manager: Juan M. Pantoja; (661) 558-4641
Contract Amount: PE: $50,056; CE: $32,870.00
Date of Contract: PE: 7/29/21; CE: 8/07/24
Date of Completion: PE: April 2024; CE: Spring 2025 – Close-out in progress
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10th Street Rehabilitation – STPL – 5193-(043)
Project Objective/Description/Outcome: The Project Team provided Preliminary Engineering and Construction Engineering services for the reconstruction of a 1,630-foot segment of 10th Street, spanning from A Street to the Rails to Trails Bike Path in the City of Taft.
The project scope included roadway surface reconstruction, installation of a hot mix asphalt pavement overlay, and the placement of traffic striping, pavement markings, and roadside signage.
Given its proximity to the Rails to Trails Walk/Bike Path—a well-utilized community facility—this project enhances accessibility and safety for users. Construction was successfully completed in April 2023.
Funding Source: Federal (STPL) and Local funds
Owner: City of Taft
Contact: Craig Jones; (661) 763-1222
Project Team Role: Preliminary Engineering (Survey, CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Project Manager: Juan M. Pantoja; (661) 558-4641
Contract Amount: PE: $32,482; CE: $39,910
Date of Contract: PE: 2/25/21; CE: 11/16/22
Date of Completion: PE: July 2022; CE: March 2024 – Close-out in progress
4. SCOPE OF WORK/SERVICES
The proposed scope of work detailed below is based on a typical Federal/State funded roadway project under Caltrans Local Assistance oversight. Please note that the exact scope of work is
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unknown at this time and will vary between projects. However, typical professional engineering services for projects might include but not be limited to the following general scope:
A. PROJECT MANAGEMENT
BHT Engineering, Inc. will be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant sub-contractors, and preparing all submissions for the City to submit to Caltrans Local Assistance and/or other agencies.
1. Design Phase Authorization
BHT Engineering, Inc. will prepare and submit the Request for Authorization to Proceed with Preliminary Engineering package using procedures outlined in Chapter 3 of the Caltrans Local Assistance Procedures Manual.
Deliverables:
x Request for Authorization to Proceed with Preliminary Engineering package (Exhibit 3-A with applicable attachments)
2. Progress Invoicing
BHT Engineering, Inc. will prepare and submit progress invoices per Chapter 5 of the Caltrans Local Assistance Procedures Manual. These progress invoices are required to obtain reimbursement for the City’s expenditures on local federal-aid and state funded projects.
The invoice preparation will be coordinated with the City Manager/Public Works Director for their certification and signature. It is anticipated that City Staff will provide the project team with an executed Program Supplement Agreement and copies of payment checks for incurred costs in order to prepare the progress invoices. It is anticipated that two (2) progress invoices will be prepared per phase.
Deliverables:
x Progress Invoice (2) per phase (PDF)
B. PRELIMINARY ENGINEERING
Preliminary Engineering includes but is not limited to, preliminary design and other activities and analyses, such as environmental assessments, topographic surveys, metes and bounds surveys, 234
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geotechnical investigations, hydrologic analysis, hydraulic analysis, utility engineering, traffic studies, financial plans, revenue estimates, hazardous materials assessments, general estimates of the types and quantities of materials, and other work needed to establish parameters for the final design.
This task will include project management for internal team coordination needs and coordination with City Staff throughout the duration on the project. The project team will conduct internal coordination meetings at each phase of the design process to ensure team members are current in project goals and criteria, as well as apprised of any project adjustments. This task includes project setup, coordination, budget/schedule monitoring, and invoicing.
BHT Engineering, Inc. will coordinate with City Staff (City Manager, Public Works Director, and/or Street Superintendent), for initial project’s concept and direction. It is anticipated that the City will gather and provide pertinent record information as available and provide this information to the project team (e.g. Design E-76, records plans).
1. Environmental Compliance – NEPA
BHT Engineering, Inc. will prepare the Caltrans Exhibit 6-A Preliminary Environmental Study (PES) form, in accordance with Chapter 6 of the Caltrans Local Assistance Procedures Manual. The PES form will be submitted to the Caltrans District Local Assistance Engineer in District 9 for review and approval. BHT Engineering, Inc. team will be supported by Sapphos Environmental, Inc. to prepare technical studies, if any, identified in the Caltrans approved PES form. Sapphos Environmental, Inc. is familiar with the California City region and has wide-ranging experience and a broad working knowledge of the requirements associated with regulatory compliance related to the protection of biological resources in Kern County, CA, as specified by the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the Federal and State Endangered Species Acts (ESAs), the Migratory Bird Treaty Act, Sections 401 and 404 of the Clean Water Act, and Section 2081 of the State Fish and Game Code, as well as local policies and regulations pertinent to the specific challenges of natural resources in local areas.
If needed, BHT Engineering, Inc. will arrange and attend a Field Review meeting at the job site with Caltrans and City representatives to identify the limits and scope of work of the specific project. BHT Engineering, Inc. will keep both a hard copy and electronic files for this project to meet Caltrans reporting requirements.
Deliverables:
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x Completed PES Form and technical studies to complete NEPA document and/or CEQA document. (Portable Document Format (PDF))
2. Surveys and Mapping
BHT Engineering, Inc. will provide data collection, and field engineering surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance. BHT Engineering’s Survey Crew under supervision of Mr. Juan Pantoja, will conduct the topographic/site surveys.
BHT Engineering, Inc. team will be supported by Wiley D. Hughes Surveying, Inc. to conduct Land Surveying services (right of way surveys, boundary surveys, etc.) if any and as necessary by the specific project’s scope for Federal/State funded projects. Right of way will be established using record maps on file with the County Surveyor’s Office and Preliminary Title Reports, supplied by the City, for potentially affected parcels. We are assuming that sufficient monuments shown on existing Kern County recorded survey maps exist and that no material discrepancies are discovered. If sufficient monuments do not exist, additional field and office survey may need to be performed and this is not included herein.
Following completion of design efforts a Right of Way certification will be provided for City’s signature.
Deliverables:
x Topographic survey base map with electronic file in AutoCAD 2024 (or newer) format. x Right of Way Certification for City’s signature – Caltrans Exhibit 13-A or 13-B as appropriate.
3. Preliminary Engineering Studies – Geotechnical Analysis The BHT Engineering, Inc. team will be supported by BSK Associates (BSK) and/or Soils Engineering, Inc. (SEI) for geotechnical engineering services, as needed, on federally or statefunded projects. Assignments will be given to BSK and/or SEI based on availability, project requirements, and complexity.
Founded in 1966, BSK Associates has been in business for 54 years and is a 100 percent employeeowned California S-corporation that provides construction observation/materials testing/special inspection, consulting engineering, and analytical laboratory services. BSK currently employs a staff of approximately 200 with offices and laboratories throughout California, Oregon and Washington.
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Soils Engineering, Inc. (SEI) geotechnical and materials division for geotechnical engineering, construction observation/materials testing/special inspection, and analytical laboratory services as needed. SEI has almost 60 years of experience in providing geotechnical and geological engineering, environmental assessments, and testing and surveying services to private, government and industrial clients throughout California. Mr. On Man Lau, M.Sc., P.E., G.E. will be the Project Manager for this contract.
The number and depth of borings will be determined based on specific project needs. Soil samples will be collected and tested as necessary to assess corrosion potential and R-Value. Our consultant(s) will provide the team with a pavement structural section based on the R-Value across a range of TI values. The team will seek input from the City regarding the required TI for the project.
The Preliminary Geotechnical Report will include recommendations for pavement structural sections, infiltration rates—based on USGS soil mapping—for stormwater improvements (as necessary), and concrete specifications in response to soil corrosivity. A draft report will be prepared for City review.
Comments will be addressed as appropriate and a Final report will be prepared.
Deliverables:
x Draft and Final Preliminary Geotechnical Report (PDF)
4. Utility Coordination
Utility ‘A’ letters serve to request as built information from utility facility owners and provide notification of upcoming work. Using the USA North design inquiry tool BHT Engineering, Inc. will obtain a list of utility owners within the area. We will then prepare and distribute an 'A' letter request to obtain asbuilt information. Given the potential for utility relocations and/ or adjustments, it is important to begin outreach to Utility Companies during the preliminary stages of design.
If the as-built information provided by the Utility Companies is not satisfactory or clear, we will resolve reasonable uncertainties with the Utility Company and the City and may recommend pot holing to clearly identify the horizontal and/ or vertical location of their facilities. Please note that pot holing of utility facilities is not currently included in our scope of work.
Between the Preliminary and Draft Final (90%) PS&E deliverables, we will send out 'B' Letters, also known as a Notice to Owners, informing affected utility owners that we have identified a conflict with the location of their utility facilities and request potholing as needed. We will coordinate and attend a 237
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field meeting to meet with affected utility companies if needed to go over the proposed project and discuss potential relocation strategies.
During the Draft Final (90%) PS&E design phase, we will send the affected Utility Companies a 'C' Letter, also known as the Final Notice (to relocate). While BHT Engineering, Inc. will distribute the final 'C' letter and continue to coordinate relocations as needed, it is anticipated that affected utility facility owners will provide utility agreements to the City for their review and action Deliverables:
x ABC Utility letters (PDF)
5. Preliminary Design - Plans and Estimate
The project team will prepare concept and preliminary plan layouts and present the layouts to the City for review. These preliminary design drawings can be submitted to regulatory or funding bodies for approvals, as needed.
Plan sheets will represent proposed roadway geometric design, demolition, asphalt and base improvements, drainage, grading, curb, gutter, sidewalks, cross gutters, ADA access ramps, street signage, street striping/markings, electrical improvements, landscaping, irrigation, and intersection improvements, etc.
Preliminary plan sheets may include:
x Layout Sheets (PDF) x
Construction Details (PDF)
A planning level cost estimate will accompany the preliminary plans. Following the submittal of the preliminary plans BHT Engineering, Inc. anticipates the City will submit one (1) set of combined review comments.
Deliverables: x Preliminary Design
Plans (PDF) x Planning Level Cost
Estimate (PDF)
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6. Design Phase
Following the City's review of the preliminary plans we anticipate receiving one (1) set of combined written comments from the City. The design team will then begin to prepare the project plans, specifications, and cost estimate. Technical specifications prepared by BHT Engineering, Inc. will conform to Caltrans 2024 standard specification format and refer to 2024 Caltrans Standard Plans and current City Development Standards, as appropriate. The project team will ensure that mitigation measures presented as commitments in environmental documents, and that conditions and restrictions associated with regulatory permits, are incorporated into appropriate contract documents, plans, specifications and estimates prior to proceeding with construction activities.
Quantities and bid prices will be prepared and calculated following the completion of site layout and design. The Draft Final Engineer's Cost Estimate and bid sheet will be delivered to the City for budgeting purposes. Unit prices will be developed using relevant as-bid data.
Draft Final (90%) PS&E Submittal
The project team will further develop the preliminary design and project plan sheets to a 90% review level. It is anticipated that revisions to the design concepts will be minor in nature at this stage. The plans will incorporate relevant City, State, and Federal standards where applicable. The plans will further identify specific project needs and recommend solutions to meet those needs.
Deliverables: x Draft
Final Plans (PDF)
x Draft Final Technical Specifications (PDF, Word) x
Draft Final Engineer’s Cost Estimate (PDF, Excel)
Final PS&E Submittal
Incorporating minor edits requested by the City we will finalize, stamp, and sign the final plans, technical specifications, and Engineer's Cost Estimate and deliver them to the City for budgeting and bidding.
Deliverables:
x Final Plans (PDF)
x Final Technical Specifications (PDF, Word) x
Final Engineer’s Cost Estimate (PDF, Excel)
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7. Permits
BHT Engineering, Inc. will incorporate permit conditions and restrictions into the final design. Permits could include but are not limited to: Army Corps of Engineers Section 404 Nationwide Permit; Section 404 Individual Permit; NEPA/404 Integration MOU, Section 10 Permit; Regional Water Quality Control Board Section 401 Water Quality Certification and National Pollution Discharge Permit; California Department of Fish and Wildlife Streambed Alteration Agreement. Typical mitigation includes hay bales, silt fencing, dust control, riprap, soil stabilization matting, slope drain, turbidity barrier, etc.
Because the scope of work is unknown at this time, the actual permits, if any, required is unknown as well, therefore the costs associated with the permit application and processing are not included in this proposal. The permit fees and costs are to be paid by the City directly to the regulatory agency and are not included in this proposal.
Deliverables:
x Permit Application, as appropriate (PDF)
8. Construction Phase Authorization
BHT Engineering, Inc. will prepare and submit the Request for Authorization to Proceed with Construction package using procedures outlined in Chapter 3 of the Caltrans Local Assistance Procedures Manual.
Federal Authorization to Proceed with construction must be received prior to advertising. Projects advertised for a construction contract prior to federal authorization are not eligible for federal reimbursement.
Deliverables:
x Request for Authorization to Proceed with Construction package (Exhibit 3-A with applicable attachments)
9. Bidding and Award of Project
Upon receipt of an Authorization to Proceed for Construction (E-76) by Caltrans District 9, BHT Engineering, Inc. will coordinate with City Staff for the advertisement and award of the project. A minimum advertising period of three weeks is required for all federal-aid projects.
The advertising costs are to be paid by the City directly to the advertising newspaper and are not included in this proposal.
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BHT Engineering, Inc. will provide electronic copies to Plan Rooms to increase project exposure and competition. It is anticipated that a minimum of 3 plan rooms will be contacted.
During the advertising period, BHT Engineering, Inc. will assist the City in all aspects of the bidding process with construction and engineering firms, including but not limited to respond to request for information, prepare addendums, attend and conduct pre-bid meeting, attend the bid opening, review bid results and qualify lowest responsible bidder, and make recommendations for awarding the construction contract.
It is anticipated that City Staff will be responsible to log in, open and retain received bids.
Deliverables:
x Bidding Package (PDF Copies)
x Bid Analysis/Summary, recommendation for award (PDF)
C. CONSTRUCTION ENGINEERING
Construction Engineering / Contract Administration is the comprised actions taken after a contract is awarded to obtain and document compliance with contract requirements, such as timely delivery, proper construction, dispute resolution, acceptance, payment, and closing of contract. These actions may include technical administrative and managerial support.
Federal statutes require that the City must provide a full time employee of the City who is accountable for the project. This individual is the person in responsible charge of the project. It is anticipated that the Public Works Director will be the Person in Responsible Charge.
Mr. Juan M. Pantoja from BHT Engineering, Inc. will act as the Resident Engineer (RE) for the project.
The RE is empowered to administer the construction contract. The RE will be supported by qualified staff to assist the RE in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, and preparation of progress payments and reports. Additional RE responsibilities include the preparation of “As-Built” drawings, filing of documentation, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the project plans and specifications, state and federal laws, and with Caltrans Local Assistance Procedures Manual. 241
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The Resident Engineer for the project, will perform Contract Administration in accordance with Chapter 16, of the Caltrans Local Assistance Procedures Manual. This task will include project management for internal team coordination needs and coordination with City Staff throughout the duration on the project. This task includes project construction file setup, coordination, budget/schedule monitoring, and invoicing
1. Award Package
Per the Caltrans Local Assistance Manual, prior to submitting the first invoice for the construction phase, and within sixty (60) days of contract award, the administering agency must forward the Award Package to the Caltrans District 9.
BHT Engineering, Inc. will prepare and submit the Award Package to District 9, per Chapter 15 of the Caltrans Local Assistance Procedures Manual.
Deliverables:
x Award Package (3 hard copies, PDF)
2. Pre-Construction Conference
BHT Engineering, Inc. will coordinate and arrange a pre-construction conference/meeting at City offices with City Staff and the construction Contractor. The size, duration, and complexity of the project will be considered when determining who else to invite to the pre-construction meeting. The purpose of this meeting is to discuss important contract issues, submittals, as well as sanctions for non-compliance with local, state, and federal requirements.
Required Topics: x
Safety
x Equal Employment Opportunity x
Labor Compliance
x Subcontracting (including required submittal of the Exhibit 16-B: Subcontracting Request) x DBE
x NEPA, Permits and Environmental Mitigation Commitment requirements x Potential Traffic or Pedestrian Handling Issues
Recommended Topics:
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Progress Schedule x
Work Plans
x Quality Control/Quality Assurance x Materials
Requiring Certificates of Compliance x Materials
Requiring Buy America Certificates x Contract
Training (Apprentice) Goals x Change Order
Process x Dispute Process x Potential Utility
Conflicts
Deliverables:
x Attendance, agenda, and meeting notes for a pre-construction meeting. (PDF)
3. Construction Surveys/Staking
Construction stakes must be set under the responsible charge of a licensed land surveyor or civil engineer. BHT Engineering’s Survey Crew will conduct construction staking. The construction staking will provide the necessary control stakes to establish the lines and grades required for the completion of the work. Note that working stakes used by the Contractor in actually performing the work are the Contractor’s responsibility and are to be set by the Contractor’s forces based on furnished control stakes.
Stakes set that are referenced to California Coordinate System (CSS) coordinates must be set under the responsible charge a person authorized to practice land surveying in the State of California. BHT Engineering, Inc. team will be supported by Wiley D. Hughes Surveying, Inc. to conduct Land Surveying services if any and as necessary by the specific project’s scope for Federal/State and Local funded projects.
The following are some of the typical responsibilities of the Survey Crew:
x Attend the pre-construction meeting with the RE and the Contractor to discuss project control, amount of construction stakes, and any details before construction starts. x Begins staking within 2 business days of receipt of a completed Request for Construction Staking form from the Contractor.
x Checks the conformity of planned lines and grades with existing conditions at pavement “conforms”, curb and gutter joins, inlets and outlets of drainage facilities, etc.; advises the RE of any problems; makes minor adjustments to lines and grades under the direction of the RE. 243
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Advises the RE of any discovered design issues regarding lines and grades and records the issues in daily survey party reports.
x Verifies that all staking is clearly written and readily visible.
Restaking
Note that it is anticipated that the project’s standard specifications will require the Contractor to:
“Preserve stakes and marks placed by the City’s representative. If the stakes or marks are destroyed, the City’s representative replaces them at its earliest convenience and deducts the cost from the Contractor’s final payment.”
Deliverables:
x Construction Staking per project specifications x
Cut Sheets (PDF)
4. Project Records
BHT Engineering, Inc., as the RE will maintain a complete and organized project filing system in compliance to Chapter 16 of the Caltrans Local Assistance Procedures Manual. A separate record file for each federal-aid project will be maintained. The project file will contain all data pertinent to the work and to the requirements of the specifications. In general, project records must support the adequacy of the field supervision, inspection and testing; conformance to contract specifications; and payments to the contractor.
During the construction phase, Caltrans Construction Oversight Engineers periodically perform reviews and inspection of the City’s project files for compliance with federal and state requirements.
Organization and content of the project file is one indicator of the effective and efficient management of the project by the RE. It also minimizes resources necessary for conducting process reviews.
Availability of Records for Review or Audit
BHT Engineering, Inc., will keep all contract documentation and backup records available for inspection by Caltrans and FHWA at any time for a minimum of three years after the final project close out. Use of a uniform project record-keeping system, together with diligent maintenance of the system, greatly facilitates a process review and minimizes negative findings. Good records of all construction activities clearly demonstrates to those concerned that project supervision and control were attained on the project.
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Deliverables:
Project Records (hard copies, PDF)
5. Tracking Contract Time
Contract time is the maximum time allowed in the contract for completion of all work contained in the contract documents. The RE will maintain a written record of contract time, often called the Weekly Statement of Working Days (WSWD). The RE will be responsible for reviewing the contract time requirements, determining the controlling operation, determining if each day is a working day or nonworking day, and supporting time extensions.
The RE will prepare the WSWD as soon as possible and no later than the end of the following week, forward the original statement to the contractor and retain a copy in the project file.
Deliverables:
x Exhibit 16-A: Weekly Statement of Working Days (PDF)
6. Engineer’s Daily Reports
BHT Engineering, Inc., will write daily reports to document the work in progress. These daily reports may be written by the construction inspector, the Assistant RE and/or the RE, as project and staffing needs dictate. The daily report will document what work was performed, where and how it was performed, and who performed it. The report will also document significant events or conversations, and activities performed to ensure contract compliance. The daily reports will be kept current and in the project files.
Deliverables:
x Engineer’s Daily Reports (PDF)
7. Check Certified Payrolls
BHT Engineering, Inc., will review payrolls to verify that each laborer or mechanic has been paid not less than the prevailing hourly wage applicable for the classification of work performed as specified in the contract. All reviewed/checked payrolls will be filed in the project records.
The project team will cross check Daily Reports, Interviews, Payrolls and Wage Rates in order to determine Contractor and Subcontractor compliance.
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Deliverables:
x Checked Certified Payrolls (PDF)
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8. Employee Interviews
BHT Engineering, Inc., will conduct employee interviews, as required by Caltrans Local Assistance Procedures Manual. The project team will interview a minimum of two employees per contract, per month, including at least one interview from the prime contractor and each subcontractor until such time as the contract is accepted or all employees on the project have been interviewed. The employee interviews will occur during work hours on the job site; at times that minimize disruption to the contractor’s operation. All interviews will be filed in the project records.
The project team will cross check Daily Reports, Interviews, Payrolls and Wage Rates in order to determine Contractor and Subcontractor compliance.
Deliverables:
x Employee Interviews (PDF)
9. Disadvantaged Business Enterprises (DBE)
The RE has the responsibility of enforcing the DBE provisions of the contract. BHT Engineering, Inc. will review the DBE provisions of the contract and Exhibit 15-G: Construction Contract DBE Commitment with the contractor and inspection staff. The RE/Inspector will verify the DBE performs a commercially useful function and will ensure submittal of Exhibit 16-Z1: Monthly DBE Trucking Verification, if required. At the completion of the work the RE will obtain and verify Exhibit 17-F: Final Report of DBE and First Tier Subcontractors, compare the Final Report – Utilization of DBE to the DBE Commitment form, and withhold payment if DBE commitments were not met.
Deliverables:
x Exhibit 17-F: Final Report of DBE and First Tier Subcontractors (PDF)
10. Change Orders
A change order is a legally binding document used to make changes to the original construction contract. Change Orders are negotiated agreements with the contractor that affect the cost, time, design or specification requirements, or a combination of the four.
When a Change Order is initiated BHT Engineering, Inc., acting as the RE will investigate proposed contract change order(s) and submit background information to the City for a decision, if justified, BHT Engineering, Inc. will prepare necessary drawings and documents for City approval. Before the 247
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Change Order is executed by the City, BHT Engineering, Inc. will negotiate/discuss with the Contractor elements of the change, including the method of compensation and the effect on contract time. All change orders will be filed in the project records.
Deliverables:
x Change Order(s) (PDF)
11. Quality Assurance Program
A Quality Assurance Program (QAP) is a program that will ensure the materials and workmanship incorporated into each construction project conform to the requirements of the contract plans and specifications including approved changes. The main elements of a QAP are an acceptance program and an independent assurance program. It is anticipated that the City has an adopted and current QAP.
BHT Engineering, Inc. acting as the RE will ensure the correct materials test methods are used as specified in the contract and that field personnel who perform those tests for compliance with the specifications are certified to conduct the test method indicated by the contract.
Materials and soils testing
Material inspection, testing and sampling costs are eligible to be charged to the construction engineering phase of the project. BHT Engineering, Inc. team will be supported by BSK Associates and/or Soils Engineering, Inc. for materials and soils testing in accordance with the project specifications and the City’s QAP, as needed for Federal/State and Local funded projects. Both BSK and SEI are Caltrans Accredited Laboratories and possess current certificate of qualification and maintains their laboratory testing equipment in accordance with recognized national calibration standards.
Our Consultant(s) will conduct tests and will submit test results to the RE in a timely manner. Records of all samples and tests will be kept in the project files. Upon completion of the project, the RE will complete Exhibit 17-G: Materials Certificate.
Deliverables:
x Test Data and Summary Logs (PDF) x
Exhibit 17-G: Materials Certificate (PDF)
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12. Progress Pay Estimates and Payments
Progress payments are compensation to the prime contractor for the value of work completed during a covered period. Contract language generally calls for progress payments to be made at least once each month as the work progresses. The progress payment is based on an estimate prepared by the engineer. Each estimate reflects the total contract item work completed during the pay period, change order bills submitted, materials on hand, deductions, and withholds. BHT Engineering, Inc. acting as the RE, will prepare progress pay estimates and submit them to the Contractor.
Contract Item Quantity Calculation Sheets
BHT Engineering, Inc. acting as the RE, will prepare Contract Item Quantity Calculation sheets to support and document item payments made to the contractor each month. A separate quantity calculation sheet will be prepared for each contract item being paid for each progress payment.
Quantity Calculation Sheets will be filed in the project records.
Deliverables:
x Progress Payments (PDF)
x Contract Item Quantity Calculation Sheets (PDF)
13. Project Close Out
Following Chapter 17 of the Caltrans Local Assistance Procedures Manual, BHT Engineering, Inc. will prepare and submit to Caltrans the final report documents which collectively constitute the Final Report of Expenditures. This report provides key information required to initiate timely project closure and payment. The Report of Expenditures must be submitted within six months of project completion or completion of the last federally-reimbursable phase if no Federal funds are utilized for Construction. The Final Report of Expenditures must be signed by the public employee in responsible charge of the project.
Deliverables: x Final Report of
Expenditures (PDF)
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5. CERTIFICATES INSURANCE
BHT Engineering, Inc. maintains the following insurance coverage and will produce a Certificate of Insurance at the City’s request.
x General Liability: $2,000,000 aggregate, $1,000,00 per occurrence x Professional Liability: $2,000,000 aggregate, $2,000,00 per occurrence x Automobile: $1,000,000 x Worker’s Compensation Insurance ___________________________________________________
Juan M. Pantoja – Principal/CEO, BHT Engineering, Inc.
6. CONFLICT OF INTEREST
BHT Engineering, Inc. does not have any conflict of interest with the City of California City on this RFQ.
7. LITIGATION
In March 2022, a complaint was filed against BHT Engineering, Inc. in the Kern County Superior Court. On March 7, 2023, BHT was granted a Demurrer without leave to amend, resulting in a judgment in favor of BHT Engineering, Inc. and against the Plaintiffs. The charges do not and will not affect BHT Engineering, Inc.’s ability to perform under this contract.
The Plaintiffs’ cause of action against BHT—alleging a dangerous condition of public property and wrongful death—was dismissed on the grounds that it failed to state facts sufficient to constitute a cause of action against BHT under Code of Civil Procedure Section 430.10(e). Specifically, the Plaintiffs did not provide sufficient facts to establish that BHT qualifies as a public entity.
Additional information on this matter can be provided upon request.
8. CONTRACT AGREEMENT
BHT Engineering, Inc. has reviewed Attachment 2 – Sample Consultant Agreement and hereby states that we accept said contract if our firm is selected for awarding a contract for the services as described in said RFQ.
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The Proposal’s terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
9. FEDERAL-AID PROVISIONS (DBE)
BHT Engineering, Inc., understands, per Exhibit 10-I – Notice to Proposers DBE Information, that the City has established a DBE goal of 15% for this Contract.
BHT Engineering Inc., is a DBE firm ID# 46277 and will provide Preliminary Engineering and Construction Engineering services.
See attached Exhibit 10-O1 – Consultant Proposal DBE Commitment.
Also, attached is Exhibit 10-Q - Disclosure of Lobbying Activities.
APPENDIX 1 – STAFF RESUMES
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252
BHT ENGINEERING, INC.
Civil Engineering, Building Design & Construction Management RESUME Juan M. Pantoja, PE
Principal / CEO
Mr. Pantoja currently works as a Principal/Senior Civil Engineer at BHT Engineering, Inc. Mr. Pantoja has successfully worked in a variety of Federal/State funded and municipal public works. Mr.
Pantoja is familiar with various FHWA and Caltrans’ project development requirements and procedures, regarding project funding application, environmental review and documentation, project design, preparation of plans and specifications, construction cost estimates, construction inspection, preparation of invoices, and closeout of these projects. Mr. Pantoja works with clients, contractors, and governmental and private regulatory agencies for project approval and to answer questions regarding design and project alternatives. Mr. Pantoja coordinates with other engineering professionals to get a quality project within time and budget. Mr.
Pantoja works in the preparation of and has taken to final approval, grading and drainage plans, street reconstruction projects, traffic signal plans, technical studies, such as traffic studies, drainage studies, pavement management system reports, project study reports, preliminary environmental assessment reports, mitigated negative declarations. Mr. Pantoja performs required calculations for earthwork volumes, pipe sizing and drainage facility design. He oversees field construction surveying and staking activities and acts as a Job Site Engineer/Inspector for various construction projects.
Mr. Pantoja is also proficient with AutoCAD Civil 3D, Excel, Word and Adobe Acrobat among various other software packages.
RELEVANT EXPERIENCE:
10th Street Rehabilitation – STPL – 5193-(043). Taft, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road reconstruction of a 1,630-feet segment of 10th Street from A St. to Rails to Trails Bike Path in the City of Taft. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement overlay; installing traffic stripes, pavement markings, and roadside signs. The Rails to Trails Walk/Bike Path runs adjacent of the project, making it a major hub location for users of this popular community facility. Construction of the project was completed in April 2023.
Funding Source: Federal (STPL) and Local funds
Owner: City of Taft
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Role:
Senior Civil Engineer /
Principal-In-Charge
Registration:
Registered Civil Engineer,
State of California RCE 64740
Education:
Bachelor of Science - Civil
Engineering, May 1998
California State University,
Fresno
Experience:
BHT Engineering, Inc.,
December 2018 to Present
Helt Engineering, Inc.,
1998 to January 2019
Twining Laboratories, Inc.,
1996 to 1998
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Juan M. Pantoja, PE RESUME
Mendiburu Road Construction – CML – 5399-(031). City of California City, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road construction of a 1-mile segment of Mendiburu road from Hacienda Blvd. to Neuralia Rd. in the City of California City. The project scope included new construction of a roadway, installation of hot mix asphalt pavement, over cement treated subbase; construction of a cast-in-place triple box culvert, install curb & gutters, cross gutters; shoulder grading, installing traffic stripes, pavement markings, and roadside signs.. The project included installation of bike lanes to accommodate students traveling to and from the local High School.
Construction of the project was completed in February 2024.
Funding Source: Federal (CMAQ) and Local funds Owner:
City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Hacienda Blvd. Rehabilitation – STPL – 5399-(030). City of California City, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road reconstruction of a ¼ mile segment of Hacienda Blvd. from California City Blvd. to Eucalyptus Ave. in the City of California City. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement, over cement treated subbase; reconstruction of one ADA ramp and cross gutter; installing traffic stripes, pavement markings, and roadside signs. The project included installation of bike lanes to accommodate students traveling to and from schools located at the intersection of Hacienda Blvd. and Redwood Blvd.
Funding Source: Federal (STPL) and Local funds
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Hacienda Blvd. Rehabilitation – STPL – 5399-(028). City of California City, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road reconstruction of a ¼ mile segment of Hacienda Blvd. from So. Loop Blvd. to Eucalyptus Ave. in the City of California City. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement, over cement treated subbase; reconstruction of one ADA ramp and cross gutter; installing traffic stripes, pavement markings, and roadside signs. The project included installation of bike lanes to accommodate students traveling to and from schools located at the intersection of Hacienda Blvd. and Redwood Blvd.
Funding Source: Federal (STPL) and Local funds
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Hacienda Blvd. Rehabilitation – STPL – 5399-(021). City of California City, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road reconstruction of a ¼ mile segment of Hacienda Blvd. from Manzanita Ave. to South Loop Blvd. in the City of California City. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement, over cement treated subbase; construction of new curb & gutter, concrete valley gutters; installing traffic stripes, pavement markings, and roadside signs. The project included installation of bike lanes to accommodate students traveling to and from schools located at the intersection of Hacienda Blvd. and Redwood Blvd. There is a drainage culvert under a segment of this road located near So. Loop Blvd. The new curb & gutters were designed to direct drainage to an existing inlet in order to improved flooding issues in this location.
254
Juan M. Pantoja, PE RESUME
Funding Source: Federal (STPL) and Local funds
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) 6th Street Rehabilitation – STPL – 5193-(042). Taft, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road road reconstruction of 6th Street from Main St. to Center St. in the City of Taft. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement overlay, re-construction of curb & gutters, ADA compliant curb ramps; installing traffic stripes, pavement markings, and roadside signs.
Funding Source: Federal (STPL) and Local funds
Owner: City of Taft
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Kern St. Safety Improvements – 1st St. to Hillard St. HSIPL – 5193 (040). Taft, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering for one Safety pedestrian improvement project in the City of Taft. The project scope included installation of fourteen (14) Pedestrian Crossing flashing LED solar-powered signs; two (2) School Crossing flashing LED solar-powered signs; two (2) solar-powered Radar Speed Feed Back Signs, re-paint existing pedestrian crosswalks and pavement markings, and installation of roadside signs. Kern St. is within Caltrans Right-of-Way, SR 33; Mr.
Pantoja prepared a Caltrans Encroachment Permit Application and successfully coordinated with Caltrans Dist. 6 Staff for approval of the Encroachment Permit.
Funding Source: Federal (HSIP) and Local funds
Owner: City of Taft
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) 6th Street Rehabilitation – STPL – 5193-(039). Taft, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering services for the road reconstruction and widening of a 475 feet segment of 6th Street from Main St. to Supply Row in the City of Taft. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement overlay, construction of new curb & gutter, ADA compliant curb ramps; installing traffic stripes, pavement markings, and roadside signs. The project included striping for on-street parking. The Rails to Trails Walk/Bike Path runs thru the middle of the project, making it a major hub location for users of this popular community facility. Construction of the project was completed in December 26, 2017.
Funding Source: Federal (STPL) and Local funds
Owner: City of Taft
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) TDA Article 3 – 5th St & Rails to Trails Connection Project. Taft, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering for one pedestrian improvement project in the City of Taft. The project scope included installation of red stamped concrete cross walk, retrofit curb ramps, install pavement markings, roadside signs and solar LED bollards.
Funding Source: County (TDA Article 3) and Local funds
Owner: City of Taft
Project Team Role: Preliminary Engineering (Survey, CEQA Environmental Clearance, Design, Bidding); 255
Juan M. Pantoja, PE RESUME
Construction Engineering (Inspection, Materials testing, Close-out) Intersection Signalization - E. Sherwood Ave. & Marshall St. - Disaster Recovery Initiative No. 10-Dri6787.
McFarland, CA
Project Manager/ Engineer: Provided Preliminary Engineering for one State CDBG funded project in the City of McFarland. The project scope included installation of a traffic signal and lighting system; reconstruction of existing roadway surface, curb and gutters, curb ramps; installing and removing traffic stripes, pavement markings, and roadside signs.
Funding Source: State CDBG (DRI) and Local funds
Owner: City of McFarland
Project Team Role: Preliminary Engineering (Survey, Design, Bidding). 5th Street Reconstruction – from F St. to Peters St. – RSTPL – 5287 (019) – Wasco, CA Project Engineer: Provided Preliminary Engineering and Construction Engineering services for the road reconstruction of a 1 mile segment of 5th Street in the City of Wasco. The project scope included reconstruction of existing roadway surface, installation of hot mix asphalt pavement, over aggregate base; construction of new curb
& gutter, concrete valley gutters; ADA curb ramps; installing traffic stripes, pavement markings, and roadside signs. F Street is SR 43 and is within Caltrans Right-of-Way; Mr. Pantoja prepared a Caltrans Encroachment Permit Application and successfully coordinated with Caltrans Dist. 6 Staff for approval of the Encroachment Permit.
Funding Source: Federal (STPL) and Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Intersection Signalization – State Route 46 & Griffith Ave. - STPLNHSR – 5287 (012) – Wasco, CA Project Manager/ Engineer: Provided Preliminary Engineering and Construction Engineering for one Safe Routes to School funded project in the City of Wasco. The project scope included installation of a traffic signal and lighting system; storm drain improvements, reconstruction of existing roadway surface, curb and gutters, curb ramps; installing and removing traffic stripes, pavement markings, and roadside signs. SR 46 is within Caltrans Right-ofWay; Mr. Pantoja prepared a Caltrans Encroachment Permit Application and successfully coordinated with Caltrans Dist. 6 Staff for approval of the Encroachment Permit.
Funding Source: Federal (SR2S) and Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) Block Wall & Landscaping Improvements at Annin Ave. Wasco, CA Project Engineer: Provided Preliminary Engineering and Construction Engineering for a local funded project in the City of Wasco. The project scope included site grading and construction of new block wall along the east side of Annin Avenue from Gromer Road south approximately 1230 feet and the installation of irrigation system and landscaping improvements.
Funding Source: Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
256
Juan M. Pantoja, PE RESUME
W. Kern Ave. Elementary SR2S Connectivity - ATPSB1L 5343 (013). McFarland, CA Project Manager/ Engineer: Provided Preliminary Engineering for one ADA pedestrian improvement project in the City of McFarland. The project scope included reconstruction of existing non-ADA compliant curb ramps and commercial/residential drive approaches, installation of street lights, Solar Powered Flashing LED Stop Signs,
Solar Powered Radar Speed Feedback Sign, Solar Powered In-Roadway Crosswalk System, Pavement Striping/Markings. The project included preparation of Plans and Specifications to comply with the Division of State Architect (DSA) requirements. Mr. Pantoja met with DSA Staff at the Los Angeles office for project construction documents review and approval.
Funding Source: Federal (ATP & SB1) and Local funds
Owner: City of McFarland
Project Team Role: Preliminary Engineering (Survey, Design, Bidding).
East Side Taxiways Rehabilitation – AIP No. 3-06-0641-018-2017. City of California City, CA Project Engineer: Provided Preliminary Engineering and Construction Engineering services for the reconstruction and widening of 3,400 ft. long airport taxiways. The project scope included full reconstruction of existing taxiways surface, installation of crushed aggregate base, hot mix asphalt per Marshall Method, material testing, striping and markings per FAA design standards. Construction of the project was completed in January 12, 2018.
Funding Source: FAA, Caltrans Division of Aeronautics and Local funds Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out) CDBG Project – Balsitic Park. City of California City, CA Project Engineer: Provided Preliminary Engineering (Architectural Services) and Construction Engineering services for renovation improvements to bring Park restrooms into compliance with current Americans with Disabilities Act (ADA) code requirements. Kern County Planning and Natural Resources Department approved the allocation of CDBG funds for this purpose. Project is located at 7241 Landis Drive within the southeast corner of Balsitis Park.
The project scope included construction of new parking lot, installation of hot mix asphalt, construction of new curb & gutter, ADA compliant curb ramps; parking lot striping. The project included the installation of a premanufactured restroom building. Construction of the project was completed in September 25, 2018 and is currently in the Close-out phase.
Funding Source: CDBG and Local funds
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
257
BHT ENGINEERING, INC.
Civil Engineering, Building Design & Construction Management RESUME Ramon H. Pantoja
Senior Project Manager / CFO
As a Senior Project Manager at BHT Engineering, Inc. Mr. Pantoja is involved in the design and construction of Federal/State funded and public works, including road/highway construction projects and private sector projects including, building remodeling and design, residential/commercial subdivision. Mr. Pantoja has successfully worked in a variety of municipal public works. He is responsible for project design, preparation of plans and specifications, construction cost estimates, and construction management. Mr. Pantoja is familiar with various Caltrans’ and FAA project development requirements and procedures. He works with clients, contractors, and governmental and private regulatory agencies for project approval and to answer questions regarding design and project alternatives. Mr. Pantoja oversees field construction surveying and staking activities and acts as a Job Site Inspector for various construction projects. Mr. Pantoja is also proficient with AutoCAD Civil 3D, Excel and Word, among various other software packages.
Mr. Pantoja previously worked as an Electrical Designer II for Raymond Professional Group, in Bakersfield, CA. As an Electrical Designer, Mr. Pantoja prepared preliminary and detailed electrical drawings for a variety of projects relating to the construction and installation of electric and electronic equipment. Mr. Pantoja has experience in the drafting of complex electrical wiring diagrams, electrical schematics, piping and instrument diagrams and other professionally acceptable diagrams. Mr. Pantoja has knowledge of City, State and National codes and Regulations, as well as Engineering/Architectural/Construction industry standards, in order to prepare and deliver construction documents.
RELEVANT EXPERIENCE:
CMAQ Transit Transfer Station. Wasco, CA
Project Manager: Provided Preliminary Engineering and Construction Engineering for a CMAQ project in the City of Wasco. The project scope included the construction a new building, landscaping and site lighting, this building became a landmark of the City of Wasco. Adjacent parking lot was later added with local funding.
Funding Source: Federal (CMAQ) and Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Role:
Senior Project Manager /
Chief Financial Officer
Education:
Bachelor of Science –
Industrial Engineering, June
1992
Queretaro State University,
Queretaro, Mexico
P.E. obtained in 1995 from
Mexican License Board
Bakersfield College 1999 –
2006. Electrical DesignIndustrial Technology
Bakersfield, Ca
Experience:
BHT Engineering, Inc.,
December 2018 to Present
Helt Engineering, Inc.,
2002 to Jan. 2019
Raymond Professional
Group
2000–2001
258
CDBG Barker Park Lighting Improvements Project. Wasco, CA Project Manager: Provided Preliminary Engineering and Construction Engineering for a CDBG project in the City of Wasco. The project scope included the installation of pole mounted lighting throughout the park and related improvements.
Funding Source: County CDBG
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Ramon H. Pantoja RESUME
RSTP H Street Reconstruction Project. Wasco, CA
Project Manager: Provided Preliminary Engineering and Construction Engineering for a RSTP funded project in the City of Wasco. The project scope included the re-construction of H Street from 6th St to J St. ADA ramps were not required at that time.
Funding Source: Federal (STPL) and Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Block Wall & Landscaping Improvements at Annin Ave. Wasco, CA Project Manager: Provided Preliminary Engineering and Construction Engineering for a local funded project in the City of Wasco. The project scope included site grading and construction of new block wall along the east side of Annin Avenue from Gromer Road south approximately 1230 feet and the installation of irrigation system and landscaping improvements.
Funding Source: Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
WWTP Diesel tank and metal workshop building. Wasco, CA Project Manager: Provided Preliminary Engineering and Construction Engineering for a local funded project for the installation of a new diesel tank at the Wastewater Treatment Plant. The project scope included site grading, foundations, piping and electrical power and control runs.
Funding Source: Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Water Wells Improvements. Wasco, CA
Project Manager: Provided Preliminary Engineering and Construction Engineering for a local funded project for the design and installation new VFD at various water wells. The project scope included equipment demolition, foundations, electrical power and control runs.
Funding Source: Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
259
CMAQ New CNG Station and Upgrade Project. Wasco, CA
Project Manager: Provided Construction Engineering for a CMAQ project in the City of Wasco. The project scope included the construction a new CNG Station with one compressor and fast fill dispenser, and site lighting. The next year applied and secure CMAQ funding to install an additional compressor, block wall and fencing.
Landscaping was added with local funding.
Funding Source: Federal (CMAQ) and Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
Ramon H. Pantoja RESUME
FAA East Side Taxiways Rehabilitation – AIP No. 3-06-0641-018-2017. City of California City, CA Project Manager: Provided Preliminary Engineering and Construction Engineering services for the reconstruction and widening of 3,400 ft. long airport taxiways. The project scope included full reconstruction of existing taxiways surface, installation of crushed aggregate base, hot mix asphalt per Marshall Method, material testing, striping and markings per FAA design standards. Construction of the project was completed in January 12, 2018.
Funding Source: FAA, Caltrans Division of Aeronautics and Local funds Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Grant Close-out) USDA Water Mains Replacement Project. City of California City, CA Project Manager: Provided Preliminary Engineering and Construction Engineering services for the construction of 21 miles of new water main lines in the northeast part of the City.
Funding Source: Federal (USDA)
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Grant Close-out) PTMISEA Park and Ride Project. City of California City, CA Project Manager: Filled application to secure funding, Provided Preliminary Engineering and Construction Engineering services for the construction of a new Transit Transfer Station, building design, parking lot and related improvements.
Funding Source: State (PTMISEA)
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, NEPA/CEQA Environmental Clearance, Design, Bidding); Construction Engineering (Inspection, Materials testing, Grant Close-out) 260
CDBG #16.04.4 Second St. lighting project. McFarland, CA Project Manager: Provided Preliminary Engineering and Construction Engineering for a CDBG project for streetscape on Second Street. The project scope included the construction of ornamental poles lighting, irrigation and landscaping, ADA driveways, ADA ramps and related improvements.
Funding Source: County CDBG
Owner: City of McFarland
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Materials testing, Grant Close-out)
TDA Article 3 Heather Ave. ADA Improvements Project. City of California City, CA Project Manager: Provided Preliminary Engineering and Construction Engineering for a TDA Article 3 funded project for the construction of ADA curb ramps, residential and commercial driveways, striping and signage, and related improvements.
Funding Source: TDA Article 3
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, Design, Specs, Bidding); Construction Engineering (Inspection, Grant Close-out)
BHT ENGINEERING, INC.
Civil Engineering, Building Design & Construction Management RESUME Miguel Pantoja Jr.
261
Senior Project Manager / Secretary
As a Sr. Project Manager at BHT Engineering, Inc. Mr. Pantoja is involved in all design phases, as well as, construction management of Federal/State funded and public works and private sector projects.
His responsibilities include Institutional, Education, Residential, and Commercial building design. Mr. Pantoja has successfully worked in a variety of municipal public works, like the City of Taft Transit Station; City of Wasco Transit Station; City of Wasco Administration Building Remodel; City of McFarland City Hall Remodel; California City Westway Station, etc. He is responsible for project design, preparation of construction documents, specifications, construction cost estimates, and construction administration. Mr. Pantoja is proficient with AutoCAD Civil 3D, ArchiCAD, and DataCAD, among various other software packages. Mr. Pantoja has a vast knowledge of the ADA Standards.
Mr. Pantoja previously worked as an Intern Architect for OrdizMelby Architects Inc., in Bakersfield, CA. As a project manager/job captain, Mr. Pantoja assisted Project Architects during all design phases, including construction administration. He coordinated work in progress/projects with consultants and owners; Created red marks for draftsmen and review their work. Review/take projects to DSA and local agencies for final project approval. As an ArchiCAD Core member, developed strategies, training material, and office graphic standards and procedures to switch from DataCAD into ArchiCAD; trained and tutored production personal in the use of ArchiCAD (BIM) software. Mr. Pantoja has knowledge of City, State, and National building codes and regulations, Construction Industry Standards, as well as manufactures’ catalogs and specifications, in order to prepare and deliver construction documents.
RELEVANT EXPERIENCE:
CMAQ Transit Transfer Station. Wasco, CA
Project Manager: Provided Architectural and Construction Engineering for a CMAQ project in the City of Wasco.
The project scope included the construction a new building, landscaping and site lighting, this building became a landmark of the City of Wasco. Adjacent parking lot was later added with local funding.
Funding Source: Federal (CMAQ) and Local funds
Owner: City of Wasco
Project Team Role: Preliminary Engineering (Planning and Design) City Hall Remodel Project. Wasco, CA
Project Manager: Provided Architectural and Construction Engineering for a project in the City of Wasco. The project scope included the interior and exterior remodel of the City Hall Building, Installation of Pre-Manufactured building, landscaping and site lighting.
Funding Source: Local Funding
Owner: City of Wasco
Role:
Senior Project Manager /
Secretary
Education:
Bachelor of Art - Architecture
1999
California State Polytechnic
University, Pomona
Associate in ScienceArchitecture 1995
Bakersfield College,
Bakersfield CA
Experience:
BHT Engineering, Inc.,
December 2018 to Present
Helt Engineering, Inc.,
2012 to Jan. 2019
OrdizMelby Architects Inc.,
2003–2005
Addington Partnership,
1988 - 2003
262
Project Team Role: Preliminary Engineering (Design and Construction Administration) Miguel Pantoja Jr. RESUME
City Hall Remodel Project. McFarland, CA
Project Manager: Provided Architectural and Construction Engineering for a project in the City of McFarland. The project scope included the interior remodel of the City Hall Building.
Funding Source: Local Funding
Owner: City of McFarland
Project Team Role: Preliminary Engineering (Design and Construction Administration) New Animal Shelter Building. McFarland, CA
Project Manager: Provided Architectural and Construction Engineering services for the Planning and Design of a New Animal Shelter Building, Parking Lot, and Related Site Improvements. Project Currently Under Construction.
Funding Source: Federal (USDA)
Owner: City of McFarland
Project Team Role: Preliminary Engineering (Planning, Design, and Construction Administration) CDBG Project – Balsitic Park. City of California City, CA Project Manager: Provided Preliminary Engineering (Architectural Services) and Construction Engineering services for renovation improvements to bring Park restrooms into compliance with current Americans with Disabilities Act (ADA) code requirements. Kern County Planning and Natural Resources Department approved the allocation of CDBG funds for this purpose. Project is located at 7241 Landis Drive within the southeast corner of Balsitis Park.
The project scope included construction of new parking lot, installation of hot mix asphalt, construction of new curb & gutter, ADA compliant curb ramps; parking lot striping. The project included the installation of a premanufactured restroom building. Construction of the project was completed in September 25, 2018.
Funding Source: County CDBG and Local funds Owner:
City of California City
Project Team Role: Preliminary Engineering (Survey, Design, Bidding); Construction Engineering (Inspection, Materials testing, Close-out)
PTMISEA Park and Ride Project, City of California City, CA Project Manager: Provided Architectural and Construction Engineering services for the Design and construction of a New Transit Transfer Station Building, Parking Lot, and Related Site Improvements.
Funding Source: PTMISEA
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, Design); Construction Engineering (Inspection, Materials testing, Close-out)
Community Pool House Building, City of California City, CA Project Manager: Provided Architectural and Construction Engineering services for the Planning and Design of a New Community Pool Building, Parking Lot, and Related Site Improvements.
Funding Source: Local funds
Owner: City of California City
Project Team Role: Preliminary Engineering (Survey, Planning, Design, Bidding) 263
New Fire Station Building, City of California City, CA
Project Manager: Provided Architectural and Construction Engineering services for the Design and construction of a new Fire Station Building, Parking Lot, and Related Site Improvements.
Funding Source: Local funds
Owner: City of California City
Project Team Role: Preliminary Engineering (Planning & Design); Construction Administration (Review and Approve Construction Submittals, RFI’s)
City of California City – RFQ for On-Call Professional Engineering Services APPENDIX 2 – REFERENCES
Craig Jones – City Manager
CITY OF TAFT
209 E. Kern Street
Taft, CA 93268
Phone: (661) 763-3144
[email protected]
Kameron Arnold, P.E. – City Engineer
CITY OF WASCO
746 8th St.
Wasco, CA 93280 Phone:
(661) 758-7204
[email protected]
g
Yerlys Hernandez – Public Works Director
CITY OF McFARLAND 401
W. Kern Ave.
McFarland, CA 93250 Phone:
(661) 792-3091
[email protected]
264
May 29, 2025 Page 30
City of California City – RFQ for On-Call Professional Engineering Services
ATTACHMENT A
EXHIBIT 10-O1 – Consultant Proposal DBE Commitment
265
May 29, 2025 Page 31
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Preliminary Engineering Services
46277 BHT Engineering, Inc. 218 S. H Street, Suite
201, Bakersfield, CA 93304 (661)558-4641
40.00 Construction Engineering Services
46277 BHT Engineering, Inc. 218 S. H Street, Suite
201, Bakersfield, CA 93304 (661)558-4641
30.00 Environmental Biological Studies
24682 Sapphos Environmental, Inc.
430 North Halstead St., Pasadena, CA 91107
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Juan M. Pantoja (661) 558-4641
Sr. Civil Engineer
267
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City of California City – RFQ for On-Call Professional Engineering Services
ATTACHMENT B
EXHIBIT 15-H – DBE Information - Good Faith Effort
268
May 29, 2025 Page 32
269
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___05/29/2025___ PE/CE
Federal-aid Project No(s). _VARIOUS: On-Call, Multi-Phase_ Bid Opening Date __N/A_______ CON The City of California City established a Disadvantaged Business Enterprise (DBE) goal of __15__% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
N/A – Goal has been met – See Exh 10-O1
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates N/A – Goal has been met – See Exh 10-O1
270
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
Items of Proposer or Bidder Breakdown of
Work Normally Performs Item Items
(Y/N)
Amount
($)
Percentage
Of
Contract
N/A – Goal has been met – See Exh 10-O1
0.00%
0.00%
0.00%
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
N/A – Goal has been met – See Exh 10-O1
Names, addresses and phone numbers of firms selected for the work above:
271
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
N/A – Goal has been met – See Exh 10-O1
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
N/A – Goal has been met – See Exh 10-O1
May 2020
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
N/A – Goal has been met – See Exh 10-O1
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
272
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
Name of Agency/Organization Method/Date of Contact Results N/A – Goal has been met – See Exh 10-O1
H. Any additional data to support a demonstration of good faith efforts:
N/A – Goal has been met – See Exh 10-O1
273
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
274
City of California City – RFQ for On-Call Professional Engineering Services
ATTACHMENT C
275
EXHIBIT 10-Q - Disclosure of Lobbying Activities
May 29, 2025 Page 33
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 276
Distribution: Orig- Local Agency Project Files
277
Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number. 278
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
SFLLL-Instructions Rev. 06-04
City of California City – RFQ for On-Call Professional Engineering Services
ATTACHMENT D
Signed copy of Proposer’s ACKNOWLEDGEMENT of the draft Contract 279
May 29, 2025 Page 34
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date:
Date:
"PROPOSER's ACKNOWLEDGEMENT: "I have received and reviewed the sample CONSULTANT CONTRACT. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFP.
_________________________________________Juan M. Pantoja By: Printed Name
0//2
__________________________________________
Signature
280
May 2023
281
282
RESOLUTION NO. 25-3158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH BHT ENGINEERING, INC. FOR ON-CALL
PROFESSIONAL ENGINEERING SERVICES FOR LOCAL, STATE,
AND FEDERALLY FUNDED PROJECTS
The City Council of the City of California City (hereafter referred to as the “City”) does resolve as follows:
WHEREAS, the City needs On-Call Professional Engineering Services for local, state, and federal Funded Projects; and
WHEREAS, the City advertised the RFP for On-Call Professional Engineering Services for local, state, and federally funded projects on April 30, 2025, with submittals due by May 7, 2025, on the City’s Website and in the Bakersfield Californian; and WHEREAS, two proposals were received and evaluated, and the City determined that BHT Engineering, Inc. was the lowest responsive bidder.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA, AS FOLLOWS:
SECTION 1: The City hereby authorizes the City Manager to sign a new agreement with BHT Engineering Inc. with an expiration date of June 30, 2030 and with a maximum contract sum in the amount of _____________($________).
SECTION 2: City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 26th day of August 2025.
__________________________
Marquette Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
283
4921-1132-1950 v1 Page 1 of 2
___________________________
Leanndrea Weible
__________________________
Victor M. Ponto,
Acting City Clerk City Attorney
CERTIFICATION
I, Leanndrea Weible, Acting City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 26th of August2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 26th day of August 2025. __________________________
Leanndrea Weible
Acting City Clerk
4921-1132-1950 v1 Page 2 of 2
284
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COUNCIL AGENDA ITEM
August 26, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Christopher Lopez, City Manager
SUBJECT: Discuss and Provide Direction Regarding the City’s Financial Issues and Provide Direction on Beginning the Neutral Evaluation Process BACKGROUND:
The City has historically utilized a special tax to fund various operations for the community. Due to the loss of Measure C in 2024, the City made several reductions in personnel to offset some of the reductions, as well as putting forward various items to increase revenues.
As additional background to the City’s budget issues, he City adopted its FY 24/25 Budget on March 25, 2025, which utilized fund balance to balance the budget. On July 8, 2025, the Mayor and Council adopted the FY 25/26 Budget with the use of fund balance again to balance the budget.
The City has now adopted two budgets in the last six months that utilized fund balance to balance its operating budgets.
Over the last year, the City has asked voters to approve an extension of Measure C, which generated approximately $6M in revenues to fund public safety in the city, which expired on June 30, 2024 to help alleviate the City’s budget situation. Voters have not approved these initiatives, resulting in a lack of ongoing revenues to support city operations. In July 2025, the Mayor and City Council received polling results from registered voters that identified the lack of public support for a tax measure to fund critical operations in the City. As a result, the Council directed staff not to prepare items for a ballot measure asking voters to approve a special parcel tax to fund critical operations.
While various adjustments have been made to the budget, with the most notable one resulting in the elimination of 19 positions and saving $1.3M, there remains significant budget and service delivery issues in the community. Numerous residents have noticed these impacts, including the lack of maintenance at City facilities, and staff only responding to items on an emergency basis due to lack of staffing and funding.
General Fund Overview
The general fund is the primary operating fund for the City. The general fund pays for many of the services offered to the City’s residents including city personnel for Planning, Public Works Administration, Clerk’s Office, a portion of Police and Fire Department costs, and Recreation 285
NB 3
programming. While many cities fund public safety primarily through the general fund, California City has funded the bulk of its public safety departments through a special tax for public safety.
Relying on a special tax measure with an expiration date for such a critical function has the effect of funding a primary function of local government with a temporary funding stream. Funding a core element of local government with a temporary revenue is not a best practice as it locks the city into a guaranteed crises every few years if there is no funding mechanism to take over the finite revenue stream. With the expiration of Measure C, this created a significant hole in the City’s budget since it relied on a temporary measure to fund public safety.
The pattern of temporarily funding such core functions of government has locked the City into a pattern of instability and resulted in many issues for the California City community.
Historical Review of Special Tax Revenues and Expenditures: Budget Problem While Measure C covered a significant portion of the City’s public safety costs, the City ran deficits in these operations for many years. This means that even with the allocation of Measure C, or other special tax revenues, the city was unable to contain its expenditures within the revenues generated for public safety. The table below lists the total revenues, and the respective expenditures over the last ten years. The numbers included below are taken from the city’s audited financial statements, which can be viewed on the Finance Department website.
Fiscal Year
Ended
Public Safety
Revenues
Expenditures Excess (deficiency) of
revenues over (under)
expenditures
2015 $ 6,753,885 $ 7,307,711 $ (553,826)
2016 $ 6,794,075 $ 8,153,345 $ (1,359,270)
2017 $ 6,658,706 $ 8,632,413 $ (1,973,707)
2018 $ 6,934,156 $ 6,884,488 $ 49,668
2019 $ 7,787,816 $ 8,043,685 $ (255,869)
2020 $ 7,283,017 $ 8,857,956 $ (1,574,939)
2021 $ 7,704,425 $ 7,330,376 $ 374,049
2022 $ 7,583,090 $ 8,414,445 $ (831,355)
2023 $ 7,229,442 $ 7,593,986 $ (364,544)
2024 $ 6,621,949 $ 8,588,388 $ (1,966,439)
In the last ten years, and based on the City’s audited financial statements, the city exceeded its public safety expenditures in eight of the last ten years. This means that the city’s special tax for public safety was only covering a portion of the City’s public safety costs. The additional funding necessary to cover this expense was covered through the general fund.
Use of Fund Balance to Balance the Budget
The use of fund balance to cover ongoing expenditures is not a recommended practice. Given the city’s accrual of fund balance in the general fund, the City is able to utilize this funding in order 286
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to balance the city’s budget. This deficit spending should be remedied, and a long-term solution is necessary to remove the City’s reliance on one time funding.
Utilizing fund balance is not a viable long-term strategy and will eventually lead to fiscal insolvency.
Additionally, the elimination of personnel in 2024 had the effect of lessening total general fund expenditures and thereby lessening the deficit for the fiscal year. Those reductions in personnel did come at a service cost since there is currently no maintenance staff to perform duties at the parks, city hall, senior center, and other core functions of the City. Reductions in maintenance and operations expenditures have also provided significant savings to the community, but the City is grappling with conditions related to service insolvency, as its unable to meet basic demands for service.
Financial Health Indicators
When reviewing various items that provide an indication to the City’s financial health, the following items should raise concern as it relates to the City’s financial health, which are currently being utilized by the City:
1. Use of fund balance to balance the budget
2. Net operating deficits in the general fund
3. City is unable to keep pace with aging of capital assets outside of public safety
4. General fund subsidies occur in enterprise funds including the Airport Fund and the Golf Course Fund
5. Nonrecurring revenues from development have been utilized to fund operating costs (use of one-time revenue from development projects)
6. Public service levels do not need the standards and needs in the community These practices are indicative of the broader issues related to the City’s ability to remain solvent into the future.
Insolvency:
California City has experienced significant stress due to ongoing deficits that have resulted in the inability to provide core services to the community. Without additional painful cuts to critical and vital services, and in the absence of new revenue sources, the City is headed towards fiscal insolvency. Opportunity still exists for the City of California City to address its financial condition, but it will require significant, difficult, and challenging conversations related to how to move the City towards financial sustainability.
It should be noted that according to John Knox and Marc Levinson, who wrote the document titled, Avoiding and Using Chapter 9 in Times of Fiscal Stress, they state that “filing for bankruptcy protection under chapter 9 should be considered a last resort, to be effected only after every effort has been made to avoid it.”
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They also state that, “In these circumstances, painful cuts in service levels, employee compensation and other expenses may be required, as well as increased revenues through higher taxes or fees.”
As an overview, the information below is included to illustrate the process by which a public agency seeks bankruptcy protection.
Eligibility to File for Bankruptcy Protection
In a presentation provided to the League of California Cities by individuals who represented the City of San Bernardino during their bankruptcy, they note the following items to be eligible for bankruptcy protection:
To be eligible, must:
1. Be a municipality
2. Be authorized under state law and meet any state requirements a. In CA under AB 506, either engage in “neutral evaluation process” (i.e. mediation) or declare a fiscal emergency
3. Be insolvent
4. Desire to effect a plan of adjustment
5. Negotiate with creditors or show negotiations would be impracticable
6. Show that petition was filed in good faith
Neutral Evaluation Process
California Government Code - GOV § 53760.3 spells out the process regarding the Neutral Evaluation Process which is a step necessary to file for bankruptcy protection. This section of the code is attached to this staff report for reference.
Relevant portions of the process are included below for reference:
A local public entity may initiate the neutral evaluation process if the local public entity is or likely will become unable to meet its financial obligations as and when those obligations are due or become due and owing. The local public entity shall initiate the neutral evaluation by providing notice by certified mail of a request for neutral evaluation to all interested parties as defined in Section 53760.1.
(b) Interested parties shall respond within 10 business days of receipt of notice of the local public entity’s request for neutral evaluation.
(c) (1) The local public entity and the interested parties agreeing to participate in the neutral evaluation shall, through a mutually agreed-upon process, select the neutral evaluator to oversee the neutral evaluation process and facilitate all discussions in an effort to resolve their disputes. (2) If the local public entity and interested parties fail to agree on a neutral evaluator within seven days after the interested parties have responded to the notification sent by the public entity, the public entity shall select five qualified neutral evaluators and provide their names, references, and backgrounds to the participating interested parties. Within three business days, a majority of 288
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participating interested parties may strike up to four names from the list. If a majority of participating interested parties strikes four names, the remaining candidate shall be the neutral evaluator. If the majority of participating parties strikes fewer than four names, the local public entity may choose which of the remaining candidates shall be the neutral evaluator. (d) A neutral evaluator shall have experience and training in conflict resolution and alternative dispute resolution and shall meet at least one of the following qualifications:
(1) At least 10 years of high-level business or legal practice involving bankruptcy or service as a United States Bankruptcy Judge.
(2) Professional experience or training in municipal finance and one or more of the following issue areas:
(A) Municipal organization.
(B) Municipal debt restructuring.
(C) Municipal finance dispute resolution.
(D) Chapter 9 bankruptcy.
(E) Public finance.
(F) Taxation.
(G) California constitutional law.
(H) California labor law.
(I) Federal labor law.
RECOMMENDATION:
It is recommended that the Council discuss and direct the City Attorney and City Manager’s Office to begin the neutral evaluation process.
ATTACHMENTS:
1. Government Code Text
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2024 Ca liforn ia Cod e
Gove rn m e n t Cod e - GOV
TITLE 5 - LOCAL AGENCIES
DIVISION 2 - CITIES, COUNTIES, AND
OTHER AGENCIES
PART 1 - POWERS AND DUTIES
COMMON TO CITIES, COUNTIES, AND
OTHER AGENCIES
CHAPTER 4 - Fin a n cia l Affa irs
ARTICLE 5 - Ba n kru p t cy
Se ct ion 53760.3.
Un ive rsa l Cit a t ion :
CA Govt Code § 53760.3 (2024)
53760.3. (a) A local public entity m ay initiate the ne utral evaluation process if the local public entity is or likely will becom e unable to m e et its financial obligations as and when those obligations are due or becom e due and owing. The local public entity shall initiate the neutral evaluation by providing notice by certified m ail of a request for ne utral evaluation to all interested parties as defined in Section 53760.1.
(b) Interested parties shall respond within 10 business days of receipt of notice of the local public entity’s request for neutral evaluation. (c) (1) The local public entity and the interested parties agreeing to participate in the neutral evaluation shall, through a m utually agreed-upon process, select the 290
neutral evaluator to oversee the ne utral evaluation process and facilitate all discussions in an effort to resolve their disputes.
(2) If the local public entity and interested parties fail to agree on a neutral evaluator within seve n days after the interested parties have re sponded to the notification sent by the public entity, the public entity shall select five qualified neutral evaluators and provide the ir nam e s, references, and backgrounds to the participating interested parties. Within three business days, a m ajority of participating interested parties m ay strike up to four nam es from the list. If a m ajority of participating inte reste d parties strikes four nam es, the rem aining candidate shall be the neutral evaluator. If the m ajority of participating parties strikes fewer than four nam es, the local public entity m ay choose which of the rem aining candidates shall be the neutral eva luator.
(d) A neutral evaluator shall have experie nce and training in conflict resolution and alternative dispute re solution and shall m e et at least one of the following qualifications:
(1) At least 10 years of high-level business or legal practice involving bankruptcy or service as a United States Bankruptcy Judge.
(2) Professional experience or training in m unicipal finance and one or m ore of the following issue areas:
(A) Municipal organization.
(B) Municipal debt restructuring.
(C) Municipal finance dispute resolution.
(D) Chapter 9 bankruptcy.
(E) Public finance.
(F) Taxation.
(G) California constitutional law.
(H) California labor law.
(I) Federal labor law.
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(e) The neutral evalua tor shall be im partial, objective, indepe nde nt, and free from prejudice. The neutral evaluator shall not act with partiality or pre judice based on any participant’s personal characteristics, background, values or beliefs, or perform ance during the neutral evaluation process.
(f) The neutral evaluator shall avoid a conflict of interest or the a ppearance of a conflict of interest during the neutral evaluation process. The ne utral evaluator shall m ake a reasonable inquiry to determ ine whether there are any facts that a reasonable individual would consider likely to create a potential or actual conflict of interest. Notwithstanding subdivision (n), if the ne utral evaluator is inform ed of the existence of any facts that a reasonable individual would conside r likely to create a potential or actual conflict of interest, the neutral evaluator shall disclose these facts in writing to the local public entity and all intereste d parties involved in the neutral evaluation. If any party to the neutral evaluation objects to the neutral evaluator, that party shall notify all other parties to the ne utral evaluation, including the ne utral evaluator, within 15 days of receipt of the notice from the ne utral evaluator, the ne utral evaluator shall withdraw and a new neutral evaluator shall be selected.
(g) Prior to the ne utra l evaluation process, the neutral evaluator shall not establish another relationship with any of the partie s in a m anner that would raise questions about the integrity of the ne utral evaluation, except that the neutral evaluator m ay conduct further ne utral evaluations regarding other pote ntial local public e ntities that m ay involve som e of the sam e or sim ilar constituents to a prior m ediation. (h) The neutral evaluator shall conduct the neutral evaluation process in a m anner that prom otes voluntary, uncoerced decisionm aking in which each party m akes free and inform ed choices regarding the process and outcom e. (i) The neutral evaluator shall not im pose a settlem ent on the parties. The ne utral evaluator shall use his or her best efforts to assist the parties to reach a satisfactory resolution of their disputes. Subject to the discretion of the neutral evaluator, the neutral evaluator m ay m ake oral or writte n recom m endations for settlem e nt or plan of readjustm e nt to a party private ly or to all parties jointly. (j) The neutral evaluator shall inform the local public e ntity and all parties of the provisions of Chapter 9 relative to other chapters of the bankruptcy codes. This instruction shall highlight the lim ited authority of United States bankruptcy judges in Chapter 9 such as the lack of flexibility available to judges to re duce or cram 292
down de bt repaym e nts and sim ilar efforts not available to reorganize the operations of the city that m ay be available to a corporate entity. (k) The neutral evaluator m ay request from the parties docum entation and other inform ation that the neutral evaluator believes m ay be helpful in assisting the parties to address the obligations betwee n them . This docum entation m ay include the status of funds of the local public entity that clearly distinguishes between general funds and special funds, and the proposed plan of readjustm ent pre pared by the local public entity.
(l) The neutral evaluator shall provide counsel and guidance to all parties, shall not be a legal representative of any party, and shall not have a fiducia ry duty to any party.
(m ) In the event of a settlem e nt with all inte rested parties, the ne utral evaluator m ay assist the parties in negotiating a prepetitioned, preagreed plan of readjustm ent in connection with a potential Chapter 9 filing. (n) If at any tim e during the ne utral evaluation process the local public entity and a m ajority of the representatives of the intere sted parties participating in the ne utral evaluation wish to re m ove the neutral evaluator, the local public entity or any interested party m ay m ake a request to the other intereste d parties to rem ove the neutral evaluator. If the local public entity and the m ajority of the intereste d parties agree that the ne utral evaluator should be rem oved, the parties shall select a new neutral evaluator.
(o) The local public entity and all interested parties participating in the neutral evaluation process shall negotiate in good faith.
(p) The local public entity and interested pa rties shall provide a representative of each party to atte nd all neutral evaluation sessions. Each representative shall have the authority to settle and resolve disputes or shall be in a position to present any proposed settlem e nt or plan of readjustm e nt to the parties participating in the neutral evaluation.
(q) The parties shall m aintain the confide ntiality of the ne utral evaluation process and shall not disclose statem ents m ade, inform ation disclosed, or docum ents prepared or produced, during the neutral evaluation process, at the conclusion of the ne utral evaluation process or during a ny bankruptcy procee ding unless either of the following occur:
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(1) All persons that conduct or otherwise participate in the ne utral evaluation expressly agree in writing, or orally pursuant to Section 1118 of the Evidence Code, to disclosure of the com m unication, docum ent, or writing. (2) The inform ation is deem ed necessary by a judge presiding ove r a bankruptcy proceeding pursuant to Chapter 9 of Title 11 of the United States Code to determ ine eligibility of a m unicipality to proceed with a bankruptcy proceeding pursuant to Section 109(c) of Title 11 of the United States Code. (r) The neutral evalua tion established by this process shall not la st for m ore than 60 days following the date the evaluator is sele cted, unless the local public entity or a m ajority of participating intereste d parties elects to extend the process for up to 30 additional days. The neutral evaluation process shall not last for m ore than 90 days following the date the evaluator is selected unless the local public entity and a m ajority of the intere sted parties agree to an extension. (s) The local public entity shall pay 50 percent of the costs of ne utral evaluation, including, but not lim ited to, the fees of the evaluator, and the cre ditors shall pay the balance, unless otherwise agreed to by the parties. (t) The neutral evaluation process shall end if any of the following occur:
(1) The parties execute a settlem ent agree m ent.
(2) The parties reach an agreem ent or proposed plan of readjustm ent that requires the approval of a bankruptcy judge.
(3) The neutral evaluation process has exceeded 60 days following the date the neutral evaluator was selected, the parties have not reached an agreem ent, and neither the local public entity or a m ajority of the interested parties elects to extend the neutral evaluation process past the initial 60-day tim e period. (4) The local public entity initiated the ne utral evaluation process pursuant to subdivision (a) and received no responses from intereste d partie s within the tim e specified in subdivision (b).
(5) The fiscal condition of the local public e ntity deteriorates to the point that a fiscal em ergency is declared pursuant to Se ction 53760.5 and necessitates the nee d to file a pe tition and e xercise powers pursuant to applicable fede ral bankruptcy law.
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(u) If the 60-day tim e period for neutral eva luation has expire d, including any extension of the neutral evaluation past the initial 60-day tim e period pursuant to subdivision (r), and the neutral evaluation is com plete with differences resolved, the neutral evaluation shall be concluded. If the neutral evaluation process does not resolve all pending disputes with creditors the local public entity m ay file a petition and exercise powers pursuant to applicable federal bankruptcy law if, in the opinion of the governing board of the local public entity, a bankruptcy filing is necessary.
(Amended by Sta ts. 2012, Ch. 162, Sec. 68. (SB 1171) Effective Ja nuary 1, 2013.) 295