California City City Council
January 13, 2026

CITY OF CALIFORNIA CITY
January 13,2026
Marquette Hawkins
MAYOR
Jim Creighton

MAYOR PRO TEM
Della Clark
Ronald Smith

COUNCIL MEMBERS
Sean Grayson

INTERIM CITY

MANAGER
AGENDA

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING TUESDAY JANUARY 13, 2026 @ 5:00 PM
COUNCIL CHAMBERS 21000 HACIENDA BLVD., CALIFORNIA
CITY, CA 93505 & VIA ZOOM
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:

Web Link: https://us06web.zoom.us/j/88239934926
Meeting ID: 882 3993 4926

1. Public can dial into the Zoom line:
a. One tap mobile: +16694449171,87254527178# US
b. Dial the following number: +1 564 217 2000 US

2. Comments
a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended

CITY OF CALIFORNIA CITY
January 13,2026
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: Clark, Smith, Mayor Pro Tem Creighton, 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 Initiation of litigation pursuant to Section 54956.9(d)(4): Two cases CS 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1)): One case:

Thompson v. City of California City, Kern County Superior Court Case No. 25CUB01018.

REPORT OUT OF CLOSED SESSION

CITY COUNCIL CONVENES TO REGULAR MEETING
REGULAR MEETING 5:00PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE / INVOCATION
ROLL CALL –
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins

DEPARTMENT REPORTS
Park
Housing

CITY CLERK REPORTS/RECEIVED COMMUNICATIONS

CITY OF CALIFORNIA CITY
January 13,2026
JM POWERS: DATED- January 2, 2026, January 3, 2026, and January 4, 2026

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PRESENTATIONS
• Capital Advocacy Partners
• Kern County Fire

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.

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 wishesto comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.

CC 1. Approve City Check Register dated 12/5/2025- 1/8/2026 CC 2. Approve Minutes for 12/22/2025 Special Meeting
CC 3. Adopt Resolution No. SA 26-3192 A Resolution of The Successor Agency to The California City Redevelopment Agency Approving the Recognized Obligation Payment Schedule for July 1, 2026, to June 30, 2027, Pursuant to Health and Safety Code Section 34177(I) CC 4. AB 516 and AB 1600 Annual Report Presentation
CC 5. Adopt Resolution No. 26-3204- A Resolution of the City Council Memorializing and Ratifying City Council Action Related to Use of General Fund Reserves and Police Department and Fire Department Protected Balances

CONTINUED BUSINESS
CB 1. Staff Report: Victor Ponto, City Attorney
Subject: A Resolution of the City Council of The City Of California City, California, Adopting Sean Grayson for the Position of Interim City Manager Recommendation: Staff recommends the City Council adopt Resolution No. 26-3200

NEW BUSINESS
NB 1. Staff Report: Joe Barragan, Public Works Director Subject: A Resolution Of The City Council of the City of California City Approving the BHT Task Orders for Road Repair to Virginia, Esse, and Chrysler Recommendation: Staff recommends the City Council adopt Resolution No. 26-3201 NB 2. Staff Report: Joe Barragan, Public Works Director Subject: Accept the bid as submitted by Griffith Company for the SB1 Kenniston St Rehabilitation

CITY OF CALIFORNIA CITY
January 13,2026
Project from Cal-City Blvd to Walpole Ave. in the amount of $252,444; and authorize the City Manager to execute the construction agreement.

Recommendation: Staff recommends City Council Approve the bid submitted by Griffith Company for the SB1 Kenniston Street Rehabilitation Project, extending from Cal-City Boulevard to Walpole Avenue, in the amount of $252,444; and authorize the City Manager to execute the construction agreement.

Staff also recommend approval of $37,867 (15%) for construction management, materials sampling, and testing, which are essential for completing the project successfully. These funds will be considered as "not to exceed" unless further authorization is given by the Council. Contingency funds are allocated for unexpected work that may come up during construction.

NB 3. Staff Report: Marquette Hawkins, Mayor
Subject: A Resolution of the City Council of The City Of California City Approving Appointment of One (1) Commissioner to The City’s Parks And Recreation Commission Recommendation: Council adopt Resolution No. 26-3203
NB 4. Staff Report: Marquette Hawkin, Mayor
Subject: A Resolution of the City Council of The City Of California City Establishing the Street Reconstruction and Transformation Initiative (SRTI)
Recommendation: City Council to discuss and consider adopting Resolution No. 26-3205 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- January 8, 2026
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.

DR-PARK

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and City Council
FROM: Leanndrea Weible, Park Coordinator
SUBJECT: Park and Recreation Monthly Department Report
OPERATION:

Strata Center will now be open for use Tuesday – Saturday. Hours of operation are as follows:

Tuesday 9am-12pm
Wednesday 12pm-4pm
Thursday 9am-12pm
Friday 12pm-4pm
Saturday 10:30am-2:30pm
CURRENTLY:
• Wednesdays the Art Center is used for Zumba Classes from 5-6pm. For more information, you are invited to stop in during a session and speak to Cheryl • Monday, Wednesday and Friday 5-7:45pm Strata is used for Basketball Practice by Can’t Stop Wont Stop YNA
UPCOMING:
• Park and Recreation Commission Meeting will be held on January 21, 2026 at 5:30p.m. ***REMINDERS***
Anyone interested in volunteering at the park can pick up a Volunteer application at City Hall.

DR-HOUSING

COUNCIL AGENDA ITEM
January 13, 2025
TO: Honorable Mayor and City Council
FROM: Nicole Jarmon- Housing Manager
SUBJECT: Housing Monthly Department Report

BACKGROUND/ DISCUSSION
Desert Jade
Currently we have 91 apartments that are filled.

The waitlist currently has 70 applicants.

Two units are undergoing rehab.

Desert Jade has three units red tag due to the fire.

Oct 28th, we had our monthly food giveaway
Legends
Currently has 6 apartments and 6 houses filled.

Waitlist is combined with Desert Jade

DR- OHV

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and City Council
FROM: Inge Elmes, OHV Manager
SUBJECT: OHV Monthly Department Report
Events
New Year’s Holiday season was hit with another rainstorm. Although the visitor count was impacted due to the storm, there were still a significant number of visitors totaling 212 visible RV groups. Staff will now prepare for President’s Day Holiday in hopes of better weather.

Operations
Ground crew will now focus on fulfilling all project agreements and maintaining all OHV facilities.

Manager Updates
G24 grant close outs have been submitted. Staff is preparing for the G26 grant application cycle.

Finance Report
For the month of December, OHV sales totaled $15,039.00. These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals.
*OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. Not all proceeds are deposited in the same month.
**Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.

Attachment
OHV Permit Program Sales Spreadsheet

Capitol Advocacy Partners
& the City of California City
Advancing Programs & Securing Funding for Priority Improvements

About CAP
Founded in 2013, Capitol Advocacy Partners (CAP) is
a boutique firm focused on providing personalized,
results-driven advocacy for select clients. With deep
knowledge of the legislative process and strong
relationships in Congress and federal agencies, CAP
develops tailored strategies to help clients achieve
their goals.

By working closely with CalCity, CAP ensures you
stay informed on key policy developments and
opportunities. Specializing in securing federal
funding and shaping legislative outcomes, CAP is
committed to building long-term partnerships that
drive meaningful and sustainable success. *Not Pictured: Mariana Garrick, Maggie Finn, Trisha Gill and Jorge Soto

Our Team
Dana DeBeaumont
Partner
Amanda Fenton
Partner
Mary Bergstrom
Senior Director
Vanessa Vergara
Client Manager
Aditi Duttachowdhury
Associate
Other CAP Team Members:

Mariana Garrick
Associate
Trisha Gill
Business/Grant Manager
Miranda Schnoor
Associate
Maggie Finn
Grants Management Associate
Tanyelle Richardson
Grants Management Director

Scope of Work: Services/Deliverables
● Continuous strategic planning: Collaboration to advance priorities in shifting federal landscape ● Pursue federal/state funding for City priorities: Opportunity positioning/notification, community projects, grant writing, and grant management
● Provide assistance and troubleshooting with awarded federal grants ● Manage non-competitive application processes for Congressionally Appropriated Funds (ie, FY24 Upper Rancho Water Replacement Project)
● Build and strengthen relationships with federal agencies/Congressional offices ● Engage in legislative and regulatory advocacy: Quarterly, at minimum provide legislative overview highlighting legislation and suggested actions - support (co-sponsor), propose changes, or oppose. By voicing opinions, the City impacts the legislative process. CAP also engages in the regulatory process, drafting commentary or outreach
● Weekly and Special Updates: Insights on the latest activities in Congress and the Administration, along with relevant research, newly released data, and available funding opportunities. Current special updates - Transportation/Environment, Public Safety, Immigration, & Benefit programs, i.e. social security & housing. ● Webinars and Hearings: Cover and provide weekly summaries of webinars and hearings ● GOAL = SECURE FUNDING

CAP’s Ongoing Federal Priorities for California City

1. Pursue Funding

2. Strengthen Federal Relationships – Direct engagement with California City’s Congressional delegation and federal agencies to elevate priorities and build early support for Community Project Funding requests, grant applications, and impact

3. Support Active Grant Portfolio – Provide post-award coordination, compliance support, and, if requested, grant management to advance successful implementation of awarded funding (ie. FY24 CPF Upper Rancho Water Replacement Project and State and Local Cybersecurity Grant Program programs)
CAP keeps priorities visible in D.C. and City positioned for federal investment ● Modernize/replace aging water
infrastructure to improve reliability and
resiliency
● Secure funding to improve roads, transit,
and mobility, with a focus on advancing
Capital Improvement Program projects
● Senior housing development to serve the
City’s aging population
● Strengthen public safety by pursuing
federal support for police, fire, and
school-safety initiatives

Delivering Results: CAP’s Impact Overview
● Secured $6,597,460 (including $1,000,000 included in Fiscal Year (FY) 2026 Community Project funding expected to become law prior to 1/13/2026 presentation: California City has secured $28.07 in funding for every $1 invested in Capitol Advocacy Partners.
○ $2,182,388 from California Prop 64 Grant to create a Task Force to regulate the cultivation and distribution of marijuana properly within the City.
○ $250,000 from the U.S. Department of Justice COPS Hiring Program to hire two police officers. ○ $1,902,808 in federal WRDA funds– the Isabella Boulevard Main Water Line Replacement Project. Signed into law in January 2025. Developed project with City, submitted to electeds/Committee staff, engaged in continuous advocacy for final inclusion.
○ $250,000 from the State and Local Cybersecurity Grant Program to upgrade cybersecurity protection, including aiding procurement and grant management to avoid funding forfeiture ○ $1,000,000 Fiscal Year (FY) 2024 Community Project Funding (requested by Senator Padilla and Congressman Obernolte) to improve water quality, system reliability and resiliency, increase water pressure, and maintain adequate flow throughout the system in the Upper Rancho neighborhood. ○ $1,000,000 in FY2026 Upper Rancho Phase II Community Project Funding included in the bipartisan, conferenced Interior appropriations bill, meaning the House and Senate have agreed on a final version; awaiting expected House passage.
○ $5,778 from the U.S. Department of Justice Bulletproof Vest Partnership Program to purchase NIJ-compliant armored vests for sworn officers.
○ Pending $5,486 requested in December 2025 to support the purchase of additional bulletproof vests. Award expected before October 1, 2026.

CAP Results
● Since 2022 through 2025, CAP has:
○ Prepared and analyzed 135+ federal hearings and policy briefings, delivering tailored summaries aligned with California City’s priorities, including transportation, public safety, water infrastructure, and rural development. ○ Delivered 330+ strategic federal policy updates, covering Infrastructure and Transportation, Public Safety, Immigration, Medicaid, and other priority issue areas, in addition to timely special reports on emerging opportunities and risks. ○ Engaged directly with Congressional staff in 15+ annual in-person and virtual meetings, advancing California City’s federal priorities, funding requests, and long-term advocacy strategy.
○ Provided continuity to keep projects moving and maintain compliance on award rules/reporting.

Thank You!
Questions?

CC 1

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and City Council
FROM: Kenny Cooper, Finance Manager
SUBJECT: Approve City Check Register dated 12/19/2025-01/08/2026

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.

CITY OF CALIFORNIA CITY CC 2
DECEMBER 22, 2025

SPECIAL MEETING

MINUTES

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING MONDAY DECEMBER 22, 2025 @ 4:00 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:

Web Link: https://us06web.zoom.us/j/85324616213
Meeting ID 853 2461 6213

1. Public can dial into the Zoom line:
a. One tap mobile: +16694449171,87254527178# US
b. Dial the following number: +1 564 217 2000 US

2. Comments
a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, Marquette Hawkins
MAYOR
Jim Creighton

MAYOR PRO TEM
Della Clark
Ronald Smith

COUNCIL MEMBERS
Christopher Lopez

CITY MANAGER

CITY OF CALIFORNIA CITY CC 2
DECEMBER 22, 2025

d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended
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 ** SPECIAL MEETING CLOSED SESSION 4:00PM

CALL TO ORDER

ROLL CALL
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins

APPROVAL OF AGENDA

CLOSED SESSION
CS 1. PUBLIC EMPLOYMENT- (Government Code Section 54957) Title: Interim City ManagerBY UNANIMOUS DECISION, THE CITY COUNCIL AGREED TO APPOINT SEAN GRAYSON AS THE NEW INTERIM CITY MANAGER.

THE CITY COUNCIL HAS AGREED TO THE FOLLOWING FOR APPOINTED INTERIN CITY MANAGER SHAWN GRAYSON:
• START DATE JANUARY 3, 2026
• SALARY $175K PER YEAR
• $500 MONTHLY LIVING EXPENSE
• USE OF THE CITY VEHICLE
• RETIREMENT UNDER THE
• CONTRACT APPROVAL WILL TAKE PLACE AT THE FIRST MEETING IN JANUARY SCHEDULED FOR JANUARY 13, 2026
• THE MEMBERS OF THE PUBLIC WILL HAVE AN OPPORTUNITY TO

EXAMINE AND ASK QUESTIONS REGADRDING THE CONTRACT DURING

THE OPEN MEETING

NO FURTHER REPORTABLE ACTION AT THIS TIME

CITY OF CALIFORNIA CITY CC 2
DECEMBER 22, 2025

REPORT OUT OF CLOSED SESSION- VICTOR PONTO REPORTED
OUT OF CLOSED SESSION AT 5PM
SPECIAL MEETING 5:00PM

CALL TO ORDER MAYOR HAWKINS CALLED THE MEETING TO ORDER

ROLL CALL
Councilmembers: Clark, Smith, Mayor Pro Tem Creighton, Mayor Hawkins- ALL PRESENT

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 Register dated 12/5/25-12/18/25- COUNCILMEMBER SMITH MOTIONED TO APPROVE ONLY CHECK # 1391 FOR ENGLE AND ENGLE AS IT

COMES FROM THE SDI FUNDS THAT HAVE THE MONEY TO MAKE THE PAYMENT

AND WITHOUT MONTHLY FINANCIAL STATEMENTS FOR JULY AUGUST,

SEPTEMBER AND NOVEMBER HE DOES NOT FEEL COMFORTABLE NOT KNOWING THE FINANCIAL SITUATION OF THE CITY.

MAYOR PRO TEM CREIGHTON ASKED FOR CONFIRMATION THE FUNDS ARE AVAILABLE TO COVER THE ENTIRE CHECK REGISTER. CITY MANAGER CHRISTOPHER LOPEZ CONFIRMED.

NO 2ND ON COUNCILMEMBER SMITH’S MOTION.
.

MOTION TO APPROVE CC1 MADE BY: MAYOR PRO TEM CREIGHTON / 2ND BY:

MAYOR HAWKINS
AYES: COUNCILMEBER CLARK, MAYOR PRO TEM CREIGHTON, MAYOR HAWKINS NOES: COUNCILMEMBER SMITH
ABSENT: NONE
CC 2. Staff Report: Christopher Lopez, City Manager- Inge Elmes, OHV Manager

CITY OF CALIFORNIA CITY CC 2
DECEMBER 22, 2025

Subject: A Resolution of the City Council of the City of California City approving the applicant to apply for and receive grant funds for the California State Parks Grants Cooperative Agreement Program, Off-Highway Motor Vehicle Recreation grant funds.

Recommendation: Staff recommends the City Council Adopt Resolution No. 25-3191 MOTION TO APPROVE CC2 MADE BY: MAYOR PRO TEM CREIGHTON / 2ND BY: COUNCILMEMBER SMITH
AYES: COUNCILMEBER CLARK, SMITH, MAYOR PRO TEM CREIGHTON, MAYOR

HAWKINS
NOES: NONE
ABSENT: NONE
CC 3. Staff Report: Victor Ponto, City Attorney-Christy Marie Lopez, Assistant City Attorney Subject: Consideration of Resolutions Calling a Special Election For Filling a Vacancy on the City Council
Recommendation: Adopt resolutions calling for a special municipal election to fill the vacancy on the City Council and authorize the City Clerk as follows:

1. Resolution calling the Special Election to fill the vacancy to be held on June 2, 2026; and

2. Resolution requesting that this Special Election be consolidated with the Statewide Primary Election being held by the County on June 2, 2026; and

3. Resolution concerning procedures for candidate statements; and

4. Resolution concerning procedures in the case of a tie vote; and

5. Authorize the City Clerk to finalize and make such modifications to these Resolutions as may be required by Kern County and applicable law, subject to the City Attorney’s approval as to form.

MAYOR PRO TEM CREIGHTON INFORMED THE ATTORNEYS THE RESOUTIONS

INDICATE JANUARY AS THE RESULT CERTIFICATION MONTH FOR THE ELECTION, HOWEVER TO THE CITY HAS REGULARLY CERTIFIED IN DECEMBER.

ATTORNEY VICTOR PONTO CONFIRMED THE ORAL NOTIFICATION AND STATED THE RESOLOUTIONS WILL BE UPDATED IN WRITING TO REFLECT THE CHANGE.

MOTION TO APPROVE CC3 MADE BY: MAYOR PRO TEM CREIGHTON / 2ND BY

COUNCILMEMBER CLARK
AYES: COUNCILMEBER CLARK, SIMITH, MAYOR PRO TEM CREIGHTON, MAYOR

HAWKINS
NOES: NONE
ABSENT: NONE

CITY OF CALIFORNIA CITY CC 2
DECEMBER 22, 2025

CC4. Staff Report: Christopher Lopez—City Manager
Subject: A Resolution of the Mayor and City Council of the City of California City Adopting a Job Description for the Position of Deputy City Manager/City Clerk Recommendation: Adopt the resolution adopting a job description for the position of Deputy City Manager/City Clerk.

CC5. Staff Report: Christopher Lopez—City Manager
Subject: A Resolution of the Mayor and City Council of the City of California City Updating the Salary Schedule to Include the Position of Deputy City Manager/City Clerk, Updating the Mandated Minimum Wage, and Adding the Deputy City Manager/City Clerk Position to the FY 25/26 Budget Recommendation: Adopt the resolution updating the salary schedule to include the position of Deputy City Manager/City Clerk, Updating the Mandated Minimum Wage, and Adding the Deputy City Manager/City Clerk Position to the FY 25/26 Budget CC4 AND CC5 WERE COMBINED AS THE ITEM AS THEY RELATE
MOTION TO APPROVE BOTH CC4 AND CC5 MADE BY: MAYOR PRO TEM CREIGHTON / 2ND BY: COUNCILMEMBER SMITH
AYES: COUNCILMEBER CLARK, SMITH, MAYOR PRO TEM CREIGHTON, MAYOR

HAWKINS
NOES: NONE
ABSENT: NONE

NEW BUSINESS
NB 1. City Council to review and discuss the SDI Advisory Committee’s formal request for review SDI COMMITTEE IS FORMALLY REQUESTING ASSISTASNCE FROM A CONSULTANT. THE

SPECIFIC REQUEST IS FOR OUTSIDE COUNSEL AS THE COMMITTEE CURRENTLY DOES NOT HAVE ANY REPRESENTATION.

PER ATTORNEY VICTOR PONTO, APPROVAL TO MOVE FORWARD CAN BE GIVEN IN THE

FORM OF DIRECTION, TO AUTHORIZE STAFF TO WORK WITH TRHE SDI

COMMITTEE TO FACILTATE FUNDS TO ALLOW FOR THE SDI COMMITTEE TO OBTAIN OUTSIDE COUNSEL AS IT PERTAINS TO SDI MATTERS.

MOTION TO PROVIDE THE DIRECTION AS STATED ABOVE MADE BY: MAYOR PRO TEM CREIGHTON/ 2ND BY: COUNCILMEMBER CLARK
AYES: COUNCILMEBER CLARK, SMITH, MAYOR PRO TEM CREIGHTON, MAYOR

HAWKINS
NOES: NONE
ABSENT: NONE

ADJOURNMENT

CITY OF CALIFORNIA CITY CC 2
DECEMBER 22, 2025

BEFORE ADJOURNMENT MAYOR HAWKINS ANNOUNCED IN JANUARY THERE WILL BE AN ITEM BROUGHT FORWARD THAT WILL PROVIDE THE CITY’S STREETS GET THE WORK DONE THAT IS NEEDED.

MAYOR PRO TEM MOTIONED TO ADJOURN THE MEETING/ 2ND MADE BY:

COUNCILMEMBER SMITH
AFFIDAVIT OF POSTING- December 20, 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 24 hours prior to the meeting in compliance with the provisions of the Brown Act.

CC 3

SUCCESSOR AGENCY
City of California City
DATE: January 13, 2026
TO: Members of the Successor Agency Board to the dissolved California City Redevelopment Agency
FROM: Kenny Cooper, Finance Manager
SUBJECT: Adopt Resolution No. SA 26-3192 of the Successor Agency of the California Redevelopment Agency Approving the Recognized Obligation Payment Schedule (ROPS 26-27) for the period July 1, 2026 – June 30, 2027.

Background / Discussion
The City of California City Redevelopment Agency was dissolved on February 1, 2012, pursuant to ABx1 26. Subsequently, the City Council elected to become the Successor Agency to the Redevelopment Agency in order to ensure that projects underway at the time of dissolution were completed, to retain control over the disposition of assets, and to make obligation payments identified in a Recognized Obligation Payment Schedule (ROPS). The ROPS serves to identify all of the enforceable obligations of the former RDA including debt service payments, loans, contracts, projects, employee and other administrative costs, etc. Each ROPS is prepared by the Successor Agency and presented to the City Council and the Countywide Oversight Board for approval. The ROPS is then submitted to the Department of Finance (DOF) for approval.

Pursuant to Health and Safety Code Section 34179.7(o)(1), the Successor Agency must submit an Oversight Board-approved annual ROPS to DOF and the County Auditor Controller by February 1st of each year for the following fiscal year. Upon submitting and obtaining ultimate approval of the ROPS, fund distributions to pay enforceable obligations are made by the County in January and June each year.

The ROPS 26-27 has been prepared by staff and provides a list of obligations and amounts due to the period July 1, 2026, through June 30, 2027. The estimated twelve-month funding requirement to satisfy identified obligations is $791,863. Obligations listed on the ROPS 26-27 include required debt service for an outstanding redevelopment bond issue, and an administrative allocation. Upon approval of the City Council and Oversight Board, the ROPS 26-27 will be submitted to the DOF and County Auditor-Controller for review and approval.

FISCAL IMPACT
In summary, the following obligations are listed on the ROPS 26-27:
• Administrative Allocation - $50,000. Covers administrative costs for City Manager’s Office; Finance Department and City Clerk’s Office, including any supplies, materials

CC 3
and consultant costs necessary to carry out Successor Agency Operations for FY 2026-

27. • 2014 Tax Allocation Bond Debt Service payment - $738,363 • 2014 Tax Allocation Bond Debt Service Fees - $3,500
Total RPTTF Requested $791,863
Other Funds* $0
• Other funds represent revenues generated from lease of property owned by the former redevelopment agency at the City of California City Airport.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. SA 26-3192 approving the Recognized Obligation Payment Schedule (ROPS 26-27) for the period July 1, 2026, through June 30, 2027 for submittal to the Countywide Oversight Board for their scheduled meeting on January 22nd, 2026. All ROPS are due to the Department of Finance by February 1, 2026.

ATTACHMENTS
Resolution No. SA 26-3192
Cal City 26-27 Recognized Obligation Payment Schedule (ROPS)

RESOLUTION NO. SA 26-3192

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CALIFORNIA CITY

REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2026 TO JUNE 30, 2027 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(I)
RECITALS:

A. The City Council of the City of California City (the “City”) adopted Resolution No. 26-3192 on January 13, 2026 pursuant to Part 1.85 of the California Health and Safety Code electing for the City to serve as the successor agency for the City of California City Redevelopment Agency (the “Successor Agency”) upon the dissolution of the California City Redevelopment Agency.

B. Health and Safety Code section 34177(1)(2) requires the Successor Agency to submit a Recognized Obligation Payment Schedule (ROPS) by February 1, 2025, listing outstanding obligations of the Agency to be performed by the Successor Agency during the time period from July 1, 2026 through June 30, 2027; and

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE CALIFORNIA

CITY REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES,
RESOLVES, AND ORDERS AS FOLLOWS:

Section1. The above recitals are true and correct and are a substantive part of this Resolution.

Section2. This Resolution is adopted pursuant to Health and Safety Code Section 34170.5.

Section 3. The Successor Agency hereby approves and adopts the ROPS 26-27, as shown in Exhibit “A” pursuant to Health and Safety Code Section 34177.

Section 4. The Secretary is hereby authorized and directed to file a certified copy of this Resolution to the Countywide Oversight Board.

Section 5. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Successor Agency may be reviewed by the Countywide Oversight Board and the State of California Department of Finance, and therefore, this Resolution shall not be effective for three (3) business days, pending a request for review by the Countywide Oversight Board and the State of California Department of Finance PASSED AND ADOPTED this 13th day of January 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marquette Hawkins, Mayor
ATTEST:
___________________________
Leanndrea Weible, Acting City Clerk
I hereby certify that the foregoing resolution was duly and regularly adopted by the Successor Agency Board at their Special Meeting thereof held on 13th day of January 2026.
___________________________
Leanndrea Weible, Acting City Clerk

Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: California City
County: Kern
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 79,898 $ - $ 79,898 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 79,898 - 79,898
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 317,559 $ 394,406 $ 711,965 F RPTTF 292,559 369,406 661,965
G Administrative RPTTF 25,000 25,000 50,000
H Current Period Enforceable Obligations (A+E) $ 397,457 $ 394,406 $ 791,863 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date

California City
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$5,445,038 $791,863 $- $- $79,898 $292,559 $25,000 $397,457 $- $- $- $369,406 $25,000 $394,406 6 Federal Court
Stipulated
Judgment
Litigation 09/27/
1993
07/26/2038 California
City SDI
Fund
Loan for
commercial/
housing
project.

Land (2)
One - N $- - - - - - $- - - - - - $-
10 Employees/
Operating
Admin Costs 02/01/
2012
07/26/2038 Staff/
Operations
Annual
Admin/
Operations
Successor
Agency
One 50,000 N $50,000 - - - - 25,000 $25,000 - - - - 25,000 $25,000 19 2014 Tax
Allocation
Refunding
Bonds
Bonds Issued
After 12/31/10
08/24/
2014
09/01/2034 U S Bank Bond
Refinance
One 5,391,538 N $738,363 - - 79,898 289,059 - $368,957 - - - 369,406 - $369,406 26 Debt Service
Administration
Bonds Issued
After 12/31/10
08/24/
2014
09/01/2034 U.S. Bank Debt
Service
Wire Fees
for 2014
TARB
3,500 N $3,500 - - - 3,500 - $3,500 - - - - - $-
27 Cash Shortage
Reimbursement
Miscellaneous 07/01/
2025
06/30/2026 Successor
Agency
Incorrect
PPA
Adustment
- Y $- - - - - - $- - - - - - $-

California City
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
1 (2,876) 39,736 23
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
270 89,998 944,781
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
48,602 971,216
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
1,234 -
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required 565
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $1 $(2,606) $79,898 $(26,977) E6 - Requested and approved in 24-25 ROPS F6 - Included in FY26-27 ROPS G6 -
Requested and approved in 25-26 ROPS

California City
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
6 10
19 26
27

CC 4

COUNCIL AGENDA ITEM
January 13, 2026
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: AB 516 and AB 1600 Annual Report Presentation
BACKGROUND/ DISCUSSION:

The purpose of this Staff Report is to present the City Council with the Development Impact Fee Annual Report for Fiscal Years 2020-21 to 2024-25. This report has been posted on the City’s Website for public review.

FISCAL IMPACT:

None
RECOMMENDATION:

Staff recommends that the City Council review the report and accept it if there are no objections.

ATTACHMENTS:

Development Impact Fee Annual Report for Fiscal Years 2020-21 to 2024-25

4926-2259-8790 v1

City of California City
Development Impact Fee Annual Report
For Fiscal Years 2020-21 to 2024-25

4926-2259-8790 v1

Table of Contents
Overview and Legal Requirements for Development Impact Fee Reporting ................................ 2 Water Impact Fee ........................................................................................................................... 3 Sewer Impact Fee ........................................................................................................................... 3 Fund Balance Activity and Fee Summaries ................................................................................... 4 Expenditure Detail for Each Fee with Explanation of Activities .................................................. 4 Fee Schedules ................................................................................................................................ 5

4926-2259-8790 v1

Overview and Legal Requirements for Development
Impact Fee Reporting
This report contains information on the City of California City’s development impact fees for the Fiscal Years 2019-20 to 2022-23. No impact fees have been collected since the end of the fiscal year 2022-23. The annual reporting requirements are in Government Code section 66000 et seq. Please note that this annual report is not a budget document but rather meets reporting requirements. This report does not intend to present a complete picture of planned projects. It only reports project information, revenues, and expenditures for the above Fiscal Years.

Government Code section 66006 requires agencies to outline the status of development impact fees. Government Code section 66001 requires local agencies to submit five-year financial reports. The annual report is available to the public within 180 days after the last day of the fiscal year. The report will be presented to the City Council at least 15 days after it is made available to the public.

This report summarizes each of the development impact fee programs. Requirements under Government Code section 66006 are:

1. A brief description of the fee program.

2. The amount of the fee.

3. Beginning and ending balances of the fee program.

4. Amount of fees collected, interest earned, and transfers/loans.

5. An identification of each public improvement. The expenditures on each project.

6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement.

7. The estimated date when projects will begin if enough revenues are available to construct the project.

8. The number of refunds made to property owners.

This report also summarizes five-year reporting information for the Development Impact Fee program as required under Government Code section 66001:

1. The purpose of the fee expenditure.

2. The reasonable relationship between the fee and the purpose used.

3. All sources of and amounts of funding anticipated to complete financing in incomplete improvements.

4. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund.

4926-2259-8790 v1

More detailed information on various programs is available. The City of California City’s website makes master plans, capital improvement projects, and budgets public.

The City of California City does not earmark impact fees for any specific project as revenues come in. This report is accurate as of the time of publication. Any proposed plans are subject to change based on action taken by the City Council.

The City Council approved the impact fees for the Water and Wastewater departments in the 2016-17 fiscal year. The fees aim to help replace our failing infrastructure in these departments.

The City stopped collecting impact fees in the fiscal year 2022-23. The purpose of each development impact fee is described in the following sections.

Water Impact Fee
The need for water facility improvements is based on the water demand placed on the system by development. The Water facilities category includes those facilities used by the City to provide basic water supply and distribution services to residents and employees within the City. This fee is based on the expected increase in water flow created by the new development.

Sewer Impact Fee
This category includes those facilities used by the City to provide basic sanitary sewer services to residents and employees within the City. These elements consist of sewer main lines conveying wastewater from residential tracts, business parks, and industrial zones to the treatment facilities. These proposed facilities have Citywide benefits by ensuring that there will be sufficient system-wide capacity to collect wastewater from new and existing developments by the year 2040. In order to serve future development through General Plan build-out, the City has identified the need to purchase additional land for additional storage, sewer main line upgrades, manhole projects and numerous Sewer rehab projects.
[continued on next page]

4926-2259-8790 v1

Fee Schedules
Fund Balance Activity and Fee Summaries
Meter Size Meter
Equivalents Fee Impact Fee Per GPD
$7.91
3/4 inch 1 $989 Sewer Capacity Fee Per Prison Bed $1,107 1 inch 1.67 $1,649 Residential Impact Fee (Per EDU) $1,898 1-1/2 inch 3.33 $3,298
2inch 5.33 $5,276
3inch 11.67 $11,545
4inch 21 $20,775
6 inch 46.67 $46,171
8inch 80 $79,144
Water Impact Fees Sewer Impact Fees
Fiscal
Year Fund
Develop
ment
Impact
Fees
Collected
Fund
Balance
(July 1st)
Fees
Collected
July 1st
to June
30th Interest
Amount
Spent on
Projects
Fund
Balance
(June
30th)
2020-2021Water $60,016 $29,678 $0 $89,694
2020-2021Sewer $6,695 $0 $0 $6,695
2021-2022Water $89,694 $22,424 $0 $112,118
2021-2022Sewer $6,695 $896 $0 $7,591
2022-2023Water $112,118 $5,276 $0 $117,394 $0
2022-2023Sewer $7,591 $196 $0 $7,786 $0
2023-2024Water $0 $0 $0 $0 $0
2023-2024Sewer $0 $0 $0 $0 $0
2024-2025Water $0 $0 $0 $0 $0
2024-2025Sewer $0 $0 $0 $0 $0
City of California City AB 1600 Development Impact Fee
Annual Report Pursuant to Government Code Section 60066 For Fiscal Years 2020-21 to 2024-25

4926-2259-8790 v1

Expenditure Detail for Each Fee with Explanation of
Activities
Water and Sewer Development Funds had no activity during the Fiscal Year 2023-24.

All the Water Impact Fees collected from Fiscal Years 2020-21 to 2022-23 were used for a 3- mile water main line replacement project completed in 2023. The project cost over 2.8 million dollars.

All the Sewer Impact Fees collected from Fiscal Years 2020-21 to 2022-23 were used to purchase additional land to expand the wastewater treatment plant and store reclaimed water.

The purchase price of the land was $450,000.

No funds were allocated for some other purpose for which fees are collected and which serves the project on which the fee was originally imposed.

Interfund transfer or loans:

None.

Estimated project commencement date and whether sufficient revenues are available:

The projects have been completed.

The number of refunds made to property owners.:

No refunds were made to property owners.

CC 5
4914-0590-2215 v1

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and City Council
FROM: Victor Ponto, City Attorney
Christy Marie Lopez, Assistant City Attorney
SUBJECT: A Resolution of the City Council Memorializing and Ratifying City Council Action Related to Use of General Fund Reserves and Police Department and Fire Department Protected Balances

BACKGROUND
On September 10, 2019 the Council considered an agenda item related to the Accounting Policy and Procedure Manual. After consideration, the Council passed a motion reinstating the original accounting policy which states it takes a super majority (4/5th) vote to take funds out of the reserves and it takes a super majority (4/5th) vote to change said policy in the future. The proposed resolution memorializes the Council’s prior action. Further, On July 25, 2023, the City Council passed a motion requiring that: a) $400,000 of City surplus funds be put into the “protected balance” for the Fire Department; and b) $400,000 be put into the “protected balance” for the Police Department; and c) and $3 Million be put in the General Fund Reserves; and

RECOMMENDATION
It is recommended that the Council consider the proposed resolution memorializing and ratifying the Council’s motion on September 10, 2019 related to the requirement for Council approval prior to the use of any General Fund Reserves.

Further, the proposed resolution memorializes and ratifies the City Council motion on July 25, 2023 requiring that: a) $400,000 of City surplus funds be put into the “protected balance” for the Fire Department; and b) $400,000 be put into the “protected balance” for the Police Department; and c) and $3 Million be put in the General Fund Reserves.

Attachment:

1. July 25, 2023 Staff Report with the September 10, 2019 Staff Report included as an attachment.

2. Resolution

4923-9359-4758 v1
RESOLUTION NO. 26-3204

A RESOLUTION OF THE CITY COUNCIL OF CALIFORNIA CITY

MEMORIALIZING CITY COUNCIL ACTION RELATED TO USE OF GENERAL FUND

RESERVE AND FUNDS ALLOCATED TO FIRE DEPARTMENT AND POLICE

DEPARTMENT PROTECTED BALANCES
WHEREAS, the City Council met on September 10, 2019 and considered an agenda item related to the Accounting Policy and Procedure Manual; and WHEREAS, the City Council on September 10, 2019 passed a motion reinstating the original accounting policy which states it takes a super majority (4/5th) vote to take funds out of the reserves and it takes a super majority (4/5th) vote to change said policy in the future; and
WHEREAS, the City Council met on July 25, 2023 and considered an agenda item related to the General Fund Reserve and that agenda report acknowledged the Council’s prior motion made on September 10, 2019 reinstating the 4/5th vote requirement; and
WHEREAS, the City Council on July 25, 2023 discussed the amount of reserve funds and “protected balance” for the Fire Department and Police Department and passed a motion requiring that $400,000 of City surplus funds be put into the “protected balance” for the Fire Department and $400,000 be put into the “protected balance” for the Police Department and $3 Million be put in the General Fund Reserves; and WHEREAS, the City Council now seeks to adopt this resolution to memorialize the Council’s prior action.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA, AS FOLLOWS:

SECTION 1: The above recitals are true and correct and incorporated herein by this reference.

SECTION 2: The City Council hereby memorializes ratifies the Council’s prior action on September 10, 2019 and requires that a super majority (4/5th) vote of the Council is required in order for General Fund Reserves to be used for any reason.

SECTION 3: The City Council hereby ratifies the Council’s prior action on July 25, 2023 which: A) allocated $400,000 of City surplus funds into the “protected balance” for the Fire Department; and B) allocated $400,000 of City surplus funds into the “protected balance” for the Police Department; and C) $3 Million be placed in the General Fund Reserves.

SECTION 4: This resolution shall be effective immediately.

4923-9359-4758 v1
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 13th day of January 2026.
__________________________
Marquette Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
Acting City Clerk City Attorney

4923-9359-4758 v1

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 13th of January 2026, 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 13th day of January 2026.

__________________________
Leanndrea Weible
Acting City Clerk

ITEM NO.

NB 6.

COUNCIL AGENDA ITEM
July 25, 2023
PREPARED BY: Inge Elmes, Acting City Manager
SUBJECT: General Fund Reserve Discussion

BACKGROUND/DISCUSSION
On April 25, 2023, council approved the FY 21/22 audits. The city in now current with all outstanding Fiscal Years. To fulfill the recommendation of the city's Accounting and Procedure Manual, the city council may appropriate funds to reserves from the audited General Fund Cash Balance. The audited Cash Balance as of June 30, 2023, was $5,343,173.86. This number reflects all deficits.

In addition, on September 10, 2019, the city council unanimously approved the reinstatement of a 4/Sth majority vote anytime General Fund Reserves are to be used.

For transparency and accuracy, staff recommends that an allotted amount be transferred into reserves and to uphold the 4/Sth voting policy for the use of reserves.

RECOMMENDATION
Staff recommends council discussion and to determine the Reserves amount.

ATTACHMENTS

FUND BALANCE
FY 21/22 AUDIT PAGES 3 & 9
SEPTEMBER 10, 2019, COUNCIL AGENDA, STAFF REPORT, AND MINUTES 171 July 25, 2023 Page 63
172 July 25, 2023

173 July 25, 2023

174 July 25, 2023

175 July 25, 2023

176 July 25, 2023

177 July 25, 2023

178 July 25, 2023

179 July 25, 2023

180 July 25, 2023

181 July 25, 2023

CB 1

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Victor Ponto, City Attorney
SUBJECT: A Resolution of The City Council of The City Of California City, California, Adopting Sean Grayson
for the Position of Interim City Manager

STAFF RECOMMENDATION
It is recommended that the City Council adopt resolution no. 26-3200 (attached as Exhibit A) appointing Sean Grayson to the position of Interim City Manager and approve and Employment Agreement (attached as Exhibit B) that established the terms and conditions of the appointment including salary and benefits.

BACKGROUND AND OVERVIEW
The City Manager, Christopher Lopez has resigned from his employment with the City has last day was Friday, January 2, 2026. During its Closed Session meeting on Monday December 22, 2025, the City Council voted unanimously to appoint Sean Grayson as the Interim City Manager.

The City Council authorized the Office of the City Attorney to negotiate an agreement with Mr.

Grayson. The Employment Agreement (attached) is being brought before the City Council for review and potential approval.

FINDINGS AND ALTERNATIVES
During the Special Council of December 22, 2025, and at the direction of the City Council, City consulted with Mr. Grayson regarding the proposed terms and conditions of his appointment. The resulting Employment Agreement is attached for City Council review and approval.

Mr. Grayson’s salary will be specified by the City Council during its meeting on January 13, 2026.

His appointment shall be retroactively effective to January 3, 2026, and it is anticipated to last until a permanent City Manager is selected and assumes office. It should be noted that Government Code Section 20480 places a limit on the length of time a person may serve as an interim appointee for a vacant position, which is 960 hours per a fiscal year. As the Fiscal Year (FY) end June 30, 2026, an interim appointment can utilize up to 960 hours in FY 25-26 and another 960 hours for FY 2026-27. If a city exceeds those limits, a penalty may be due to CalPERS in the amount of

CB 1
three times the difference between the Interim City Manager salary and the salary that would have been received in the regular position.

ORAL REPORT REQUIRED
Since January 1, 2017, Government Code (GC) Section 54953(c)(3) requires that the City Council to orally report in open session a summary of the salary, salary schedule and compensation in form of fringe benefits for local agency executives, before the City Council may take final action on such compensation and agreement. The position of Interim City Manager is a “local agency executive” for whom such an oral report is required. Before taking action on this item, the following script should be read aloud (it may be read by the Clerk if requested by the City Council).

ORAL REPORT
“In accordance with Government Code Section 3511.1, a summary of the Interim City Manager’s salary and benefits is reported as follows:

The yearly salary for the temporary assignment of the Interim City Manager will be $175,000.00.

The Interim City Manager will also receive a monthly Housing Allowance of $500 per month.

Consistent with other Executive Management employees of the City of California City, the Interim City Manager is eligible for health benefits which include vision, dental, and comprehensive medical insurance. Paid time off includes holidays, administrative leave, compensatory time off, and leave accruals on the same basis as other Executive Management employees.” The following alternatives are available to the City Council:

1. Adopt resolution (attached) appointment Sean Grayson as Interim City Manager, effective January 3, 2026, and approving the Employment Agreement in connection with said appointment.

2. Do not adopt the attached Resolution and related Employment Agreement; and

3. Provide alternative direction to staff.

Staff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I move to adopt the attached resolution approving the Employment Agreement, appointing Sean Grayson as Interim City Manager, effective January 3, 2026.

ATTACHMENTS:

1. Resolution No. 26-3200

2. Employment Agreement for Sean Grayson

RESOLUTION NO. 26-3200

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, ADOPTING SEAN

GRAYSON FOR THE POSITION OF INTERIM CITY

MANAGER
WHEREAS, the City Council of the City of California City desires to make a temporary appointment for the position of Interim City Manager while a permanent City Manager is selected and assumes that office; and
WHEREAS, the City Council now desires to appoint Sean Grayson as the Interim City Manager for the City of California City; and
WHEREAS, pursuant to Government Code Section 3506, the City Council is required to establish compensation of the City Manager by resolution; and WHEREAS, the City Council desires to set the salary, and benefits as well as other terms and conditions of employment for the Interim City Manager with the Employment Agreement.

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

SECTION 1. The City Council hereby incorporates the above recitals herein by reference.

SECTION 2. Sean Grayson is hereby appointed to the position of Interim City Manager effective January 3, 2026, at an annual salary of ONE HUNDRED SEVENTYFIVE THOUSAND DOLLARS AND ZERO CENTS ($175,000.00).

SECTION 3. All other benefits for the position of Interim City Manager shall be as provided for in the Employment Agreement.

SECTION 4. The Employment Agreement, attached hereto as Exhibit A, is hereby approved.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution be filed in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 13nd day of January 2026.

Marquette Hawkins, Mayor
ATTEST:

Leanndrea Weible, Acting City Clerk
APPROVED AS TO FORM:

Victor Ponto, City Attorney

STATE OF CALIFORNIA

COUNTY OF KERN

CITY OF CALIFORNIA CITY
I, Leanndrea Weible, Acting City Clerk of the City of California City, do hereby certify that the foregoing Resolution No26-3200 was duly passed and adopted at a regular meeting of the City Council of the City of California City held on the 13th day of January.

Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No 26-3200 was duly passed and adopted.

Votes on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of California City this 13nd day of January.

Leanndrea Weible, Acting City Clerk

4917-8038-8739 v1 1

EMPLOYMENT AGREEMENT

FOR POSITION OF

INTERIM CITY MANAGER
This Employment Agreement (“Agreement”) is made and entered into this 13th day of January 2026 (“Effective Date”), by and between the City of California City, a municipal corporation authorized and existing under the laws of the State of California (“City”) and Sean T. Grayson (“Employee”), an individual, on the following terms and conditions. City and Employee may be collectively referred to herein as the “Parties.”

RECITALS
A. City desires to employ Employee as its Interim City Manager, temporarily, to carry out the duties and responsibilities of City Manager as provided for by the City’s Municipal Code and further detailed in the City’s job description for the City Manager position, in consideration of and subject to the terms, conditions, and compensation set forth in this Agreement.

B. Employee desires to serve as the duly appointed Interim City Manager of the City as provided in this Agreement, and Employee understands that he shall hold the position of Interim City Manager at the will and pleasure of the City Council. Further, he also understands that continued appointment under this Agreement is contingent on the successful completion of all necessary background checks.

OPERATIVE PROVISIONS
In consideration of the promises and covenants contained herein, the Parties agree as follows:

1. Position and Duties.

1.1 Position. Employee accepts employment with City as its Interim City Manager and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. Employee shall provide service at the direction and under the supervision of the City Council. It is the intent of the Parties that Employee, as the Interim City Manager, shall keep the City Council fully apprised of all significant ongoing operations of City. Toward that end, Employee shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of City.

1.2 Term. Employee shall commence the performance of his duties as the Interim City Manager on January 3, 2025 (“Commencement Date”). This Agreement shall expire upon whichever of the following occurs first: (i) expiration of an initial six (6) month term; (ii) upon the hiring of a permanent City Manager; or (iiI) upon termination of the Agreement by either Employee or City as provided in Section 6 [Termination] of this Agreement.

4917-8038-8739 v1 2

1.3 At-Will. Employee acknowledges that he is an at-will employee of City who shall serve at the will and pleasure of the City Council at all times during the period of his service hereunder. The terms of City’s personnel rules and regulations, rules, policies, regulations, procedures, ordinances, and resolutions (collectively “Personnel Policies”), as they may be amended or supplemented from time to time, shall not apply to Employee, unless otherwise specifically provided in this Agreement or in such Personnel Policies, and nothing in this Agreement is intended to, or does, confer upon Employee any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to terminate the services of Employee, as provided in Section 1.2 [Term] or Section 4 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 1.2 [Term] or Section 6 [Termination] of this Agreement. This at-will Employment Agreement shall be expressly subject to the rights and obligations of City and Employee, as set forth in Section 1.2 [Term] or Section 6 [Termination] below.

1.4 Duties. Employee shall serve as the Interim City Manager and shall be for the term of this Agreement vested with the powers, duties and responsibilities of the City Manager as set forth in ordinances and resolutions of the City, including without limitation, those set forth in the City Manager job description, incorporated into this Agreement by this reference, the City’s Municipal Code and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign. It is the intent of the City Council for the Interim City Manager to function as the chief executive officer of the City. Employee shall provide such other services as are customary and appropriate to the position of Interim City Manager. Employee shall devote his best efforts and attention to the performance of these duties.

1.5 Hours of Work. Employee shall devote the time necessary to adequately perform his duties as Interim City Manager. The Parties anticipate that Employee will work approximately forty (40) hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings, attendance at such community events and City functions as the Council may direct. Employee agrees to devote additional time as is necessary for the full and proper performance of the Interim City Manager duties, and that compensation provided in this Agreement includes compensation for performance of all hours worked.

1.6 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, Employee shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity, whether or not to pecuniary advantage, that is or may be competitive with City, that might cause a conflict-of-interest with City, or that otherwise might interfere with the business or operation of City or the satisfactory performance of Employee’s duties as Interim City Manager.

4917-8038-8739 v1 3

2. Compensation.

Effective the Commencement Date, for all services performed by Employee as the Interim City Manager under this Agreement, City shall pay Employee compensation at an annualized base salary of one hundred seventy-five thousand dollars and zero cents ($175,000.00), minus any applicable deductions, as may be elected by Employee and as may be required by state, federal, and local law. Employee shall be paid in accordance with the City’s established protocols and procedures used for City Employees. Employee shall not be entitled to any portion of the annualized salary for any period of time for which he is not actively employed as the Interim City Manager. Except as may otherwise be required by law, Employee shall not be entitled to any additional compensation or any severance pay upon termination of this Agreement.

3. Benefits.

3.1 Benefit Group. City will provide Employee benefits consistent with those provided to City at-will management employees, including health, dental, vision, and disability insurance benefits, except as expressly stated herein to the contrary.

3.2 Vacation. Upon the Commencement Date, Employee shall start to accrue vacation leave at four (4.23) hours per pay-period. Vacation accrual is capped at 165 hours, at which point Employee will no longer accrue vacation leave until he uses such leave and his balance drops below 165 hours.

3.3 Sick Leave. Upon the Commencement Date, Employee shall accrue sick leave at four (4) hours per pay-period. Unused sick leave shall have no cash value upon separation of employment. Sick leave accrual is capped at 104 hours, at which point Employee will no longer accrue sick leave until he uses such leave and his balance drops below 104 hours.

3.4 Bereavement Leave. In the event Employee is absent from work by reason of a death in the immediate family, he may take a leave of absence with pay. Employee may be allowed up to five (5) cumulative working days, or forty (40) hours, per occurrence.

Such leave will not be deducted from Employee’s sick leave. Bereavement leave shall have no cash value upon separation of employment. “Immediate family” under this subsection means: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent in law. City reserves the right to request a proof of death as it deems appropriate.

3.5 Holidays. Employee shall receive paid City holidays in the same manner as other at-will management employees and such hours shall not be deducted from any leave bank.

3.6 Housing Allowance. City shall provide a monthly Housing Allowance in the amount of $500.00 (Five-Hundred Dollars).

4917-8038-8739 v1 4

4. Retirement Benefits.

Benefit Formula and Employee Contribution. City intends to maintain its current retirement plan with the State of California’s Public Employees Retirement System (“CalPERS”) and to include Employee thereunder consistent with relevant state law and shall receive the same PERS benefit provided to non-sworn City employees.

5. Miscellaneous Benefits.

5.1 Assigned City Take-Home Vehicle. During the period of employment, City will provide Employee a City-owned vehicle assigned to him for his business use, including travel to and from his residence and work, but not including personal use, except for incidental personal use during work hours or during commute times. City shall pay for all eligible fuel costs, premiums for a policy of auto liability coverage, and regular maintenance and repair and shall otherwise keep the vehicle in good working condition.

Employee shall obey all traffic laws relating to operation of motor vehicles and shall use due care and caution in its operation and report any damage or accident involving the Take-Home Vehicle promptly to City risk management. Employee shall be responsible for damage, including costs of repair, to the Take Home Vehicle caused by negligence or violation of state law.

5.2 Related Business Equipment. City shall issue Employee a City-owned cellular phone to be utilized for City business purposes. City shall pay the associated data plan.

6. Termination

6.1 By City. This Agreement may be terminated by City for any reason or no reason and with or without advance notice. City’s only obligation in the event of such termination will be payment to Employee of all compensation then due and owing as set forth in Section 2 [Compensation] up to and including the effective date of termination, and payment of any other cashout of accrued unused leave as required under the law.

6.2 By Employee. This Agreement may be terminated by Employee for any reason thirty (30) days after notice in writing to City of such termination. In the event of such termination, City shall pay to Employee all compensation then due and owing as set forth in Section 2 [Compensation] up to and including the effective date of termination, and payment of any other cashout of accrued unused leave as required under the law.

6.3 Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee’s employment. Employee’s obligations under this paragraph shall survive the termination of his employment and the expiration of this Agreement.

4917-8038-8739 v1 5

6.4 No Benefits Upon Termination. Employee agrees that, except as may otherwise be required by law, he shall be entitled to no benefits upon termination.

7. Proprietary Information. “Proprietary Information” is all information, including confidential attorney/client privileged communications, and any idea pertaining in any manner to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee or consultant of City in the course of his/her employment or otherwise produced or acquired by or on behalf of City. All Proprietary Information not generally known outside of City’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” During his employment by City, Employee shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, Employee shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. Employee’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

8. Conflict Of Interest.

8.1 Employee represents and warrants to City that he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.

8.2 During the term of this Agreement, Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., 1090 and 1125 of the Government Code, and all other similar statutory and administrative rules.

9. General Provisions.

9.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this Agreement as if set forth in the Operative Provisions.

9.2 Vehicle Operation. Employee shall operate any City or personal vehicle used in connection with the performance of his duties as Interim City Manager in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile’s driver’s license during the period of employment.

9.3 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or email or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and/or at the last known address maintained in Employee’s personnel file. Employee agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section.

4917-8038-8739 v1 6
As to City:

City of California City
Attn: Mayor and City Council
21000 Hacienda Blvd.

California City, CA 93505
Interim City Manager’s Address:
[Address on file]

9.4 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Gov. Code § 810 et seq.] City will indemnify, defend, and hold Employee harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during Employee’s tenure as Interim City Manager.

9.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of Employee’s employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of Employee, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Employee and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.

9.6 Amendments. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by City’s Mayor.

9.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.

9.8 Assignment. Employee shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.

9.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of such provision and remainder of this Agreement shall remain in full force and effect.

9.10 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Kern County, State of California.

4917-8038-8739 v1 7

9.11 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

9.12 Acknowledgment. Employee acknowledges that he has had the opportunity to consult legal counsel with regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.

9.13 AB1344. Assembly Bill 1344, which was subsequently enacted as Government Code Sections 53243 - 53244, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes, generally require that certain contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the certain forms of payment, including but not limited to the following: (i) criminal defense costs; (ii) cash settlement payments; and (iii) any noncontractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:

Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.

Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.

Section 53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.

Section 53243.4. “Abuse of office or position” defined.

9.14 Effect of Conviction on Termination. If Employee is convicted of a crime involving an abuse of his office or position, as defined in Government Code section 53243.4, the following restrictions will apply: (i) any paid leave given to Employee pending an investigation shall be fully reimbursed to City, (ii) any funds expended by City for the legal criminal defense of Employee shall be fully reimbursed to City, (iii) any cash settlement paid to Employee shall be fully reimbursed. Upon conviction of a covered felony under Government Code sections 7522.72 or 7522.74, Employee may forfeit the benefits in accordance with those sections.

4917-8038-8739 v1 8

9.15 Execution of Agreement. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

9.16 Electronic Signature. Each party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.

IN WITNESS WHEREOF, City and Employee agree to the foregoing and have directed their authorized representative to execute this Agreement.

INTERIM CITY MANAGER CITY OF CALIFORNIA CITY
_______________________
Sean T. Grayson Marquette Hawkins, Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

Victor M. Ponto, City Attorney

NB 1

COUNCIL AGENDA ITEM
January 13, 2026
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: A Resolution Of The City Council of the City of California City Approving the BHT Task Orders for Road Repair to
Virginia, Esse, and Chrysler
BACKGROUND/ DISCUSSION:

On Thursday, September 18, 2025, a Tropical Moisture System (System) arrived in California City (CC). The System resulted in significant precipitation. According to some weather sources, for the entire day on Thursday, CC received 1.85 inches of rain. In three hours in the afternoon, CC received over an inch of water. The city experienced flash floods through Cache Creek and other floodways in the second community, destroying several roads. At the October 14th City Council meeting, the City Council declared a state of emergency because of the flooding event from September 18th. Kern County also declared a state of emergency related to the floods and the damage from the floods.

The City, through Kern County, is working with Cal OES to receive disaster relief (CDAA public assistance request) to help pay for the cost to repair some of the roads that were damaged in the second community. The City needs to repair these roads with a permanent solution as soon as possible. A lot of the roads in the second community that were damaged were not safe for vehicle traffic. City staff made temporary repairs to some roads so that people would have some access.

Other roads that could not be temporarily repaired were closed with K-Rails. The City needs to move forward with permanent repairs on the roads.

BHT, the City Engineer, provided Staff with a Task Order to start the engineering and design on permanent repairs for three streets. The total cost for three Task Orders is $227,220. The City expects to be reimbursed for these repairs from CDAA Funds.

FISCAL IMPACT:
$227,220 to be paid from cash reserves and reimbursed with CDAA Funds.

RECOMMENDATION:

Staff recommends that the City Council approve the resolution to have the Interim City

NB 1
Manager sign the three BHT Task Orders for $227,220, to start design and engineering work to make the permanent repairs to Virginia, Esse, and Chrysler roads.

ATTACHMENTS:

Task Orders
Resolution No. 26-3201

4936-0890-7817 v1 Page 1 of 2

RESOLUTION NO. 26-3201

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY APPROVING THE BHT TASK ORDERS FOR ROAD

REPAIR TO VIRGINIA, ESSE, AND CHRYSLER
The City Council of the City of California City (hereafter referred to as the “City”) does resolve as follows:

WHEREAS, the City experienced major flooding on September 18, 2025, from a Tropical Moisture System; and
WHEREAS, the City declared a State of Emergency on October 14, 2025, due to the damage caused by the floods; and
WHEREAS, the City needs permanent repairs for the streets that were damaged by the floods;

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 approves the three BHT Task Orders for $227,220, to start design and engineering work to make the permanent repairs to Virginia, Esse, and Chrysler roads.

SECTION 2: City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the letter.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 13th day of January 2026.
__________________________
Marquette Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
Acting City Clerk City Attorney

4936-0890-7817 v1 Page 2 of 2

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 13th of January 2025, 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 13th day of January, 2025.

__________________________
Leanndrea Weible
Acting City Clerk

Staff Estimated
Hours
Rate / hr. Total
Sr. Civil Engineer 16 $ 175.00 $ 2,800.00
Sr. Proj. Manager 10 $ 165.00 $ 1,650.00
Assistant Project
Manager
6 $ 115.00 $ 690.00
Two-Person
Survey Crew
24 $ 340.00 $ 8,160.00
Assistant Project
Manager
10 $ 110.00 $ 1,100.00
Sr. Civil Engineer 170 $ 175.00 $ 29,750.00
Sr. Proj. Manager 120 $ 165.00 $ 19,800.00
Assistant Project
Manager
50 $ 115.00 $ 5,750.00
Sr. Proj. Manager 20 $ 165.00 $ 3,300.00
Clerical 10 $ 70.00 $ 700.00
560 $ 0.75 $ 420.00
Subtotal= $ 74,120.00
Grand Total= $ 74,120.00
NOTES:

BHT Engineering, Inc. City of California City
Juan M. Pantoja, Principal Engineer Joe Barragan - Public Works Director Date: 12/18/2025 Date:

December 18, 2025

FOR PRELIMINARY ENGINEERING

CHRYSLER BLVD

TASK ORDER
BHT Engineering, Inc. will perform Preliminary Engineering design services as outline in Contract Agreement for General Engineer Services dated September 9, 2025 fee schedule

HAZARD MITIGATION AND ROAD REPAIR
Survey Existing Topographic conditions
Prepare Project Plans, Specifications, Estimates, Bid Preparation

SCOPE OF WORK
Bidding and Award of Project
Project Administration, Meetings and Coordination
Coordinate with City Staff for project’s concept and direction. Internal coordination meetings with city 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.
*Construction Inspection / administration by City or separate Task Order. *This total estimated time is considered a maximum amount based on scope of work and expected course of construction. Additional cost as time and materials, which BHT Engineering, Inc. would work with the City.

Perform field engineering surveying of proposed site. Two men crew.

Perform preliminary and final project design of Arizona crossing: Construction Documents to include Site Improvements Plan and Related Construction Details. The design team will prepare the project plans, specifications, and cost estimate. Technical specifications will conform to Caltrans 2024 standard specification.

The signatures below shall serve as an authorization to proceed on Task Order from the City and is acknowledged by Consultant. • The work as described on this task order shall be completed by December 30, 2026. This timeline may be extended Mileage: 140 miles round trip x 4 times
Coordinate with City Staff for the advertisement and award of the project. Assist City in all aspects of the bidding process: including respond to RFIs, 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.

The advertising costs are to be paid by the City directly to the advertising newspaper and are not included in this proposal.

Soils Report cost is not included
Environmental by City

Staff Estimated
Hours
Rate / hr. Total
Sr. Civil Engineer 16 $ 175.00 $ 2,800.00
Sr. Proj. Manager 10 $ 165.00 $ 1,650.00
Assistant Project
Manager
6 $ 115.00 $ 690.00
Two-Person
Survey Crew
24 $ 340.00 $ 8,160.00
Assistant Project
Manager
4 $ 110.00 $ 440.00
Sr. Civil Engineer 160 $ 175.00 $ 28,000.00
Sr. Proj. Manager 128 $ 165.00 $ 21,120.00
Assistant Project
Manager
46 $ 115.00 $ 5,290.00
Sr. Proj. Manager 20 $ 165.00 $ 3,300.00
Clerical 10 $ 70.00 $ 700.00
560 $ 0.75 $ 420.00
Subtotal= $ 72,570.00
Grand Total= $ 72,570.00
NOTES:

BHT Engineering, Inc. City of California City
Juan M. Pantoja, Principal Engineer Joe Barragan - Public Works Director Date: 11/03/2025 Date:
*Construction Inspection / administration by City or separate Task Order. *This total estimated time is considered a maximum amount based on scope of work and expected course of construction. Additional cost as time and materials, which BHT Engineering, Inc. would work with the City.

Perform field engineering surveying of proposed site. Two men crew.

Perform preliminary and final project design of Arizona crossing: Construction Documents to include Site Improvements Plan and Related Construction Details. The design team will prepare the project plans, specifications, and cost estimate. Technical specifications will conform to Caltrans 2024 standard specification.

The signatures below shall serve as an authorization to proceed on Task Order from the City and is acknowledged by Consultant. • The work as described on this task order shall be completed by December 30, 2025. This timeline may be extended Mileage: 140 miles round trip x 4 times
Coordinate with City Staff for the advertisement and award of the project. Assist City in all aspects of the bidding process: including respond to RFIs, 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.

The advertising costs are to be paid by the City directly to the advertising newspaper and are not included in this proposal.

Soils Report cost is not included
Environmental by City
Survey Existing Topographic conditions
Prepare Project Plans, Specifications, Estimates, Bid Preparation

SCOPE OF WORK
Bidding and Award of Project
Project Administration, Meetings and Coordination
Coordinate with City Staff for project’s concept and direction. Internal coordination meetings with city 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.

December 18, 2025

FOR PRELIMINARY ENGINEERING

ESSE BLVD

TASK ORDER
BHT Engineering, Inc. will perform Preliminary Engineering design services as outline in Contract Agreement for General Engineer Services dated September 9, 2025 fee schedule

HAZARD MITIGATION AND ROAD REPAIR

Staff Estimated
Hours
Rate / hr. Total
Sr. Civil Engineer 20 $ 175.00 $ 3,500.00
Sr. Proj. Manager 14 $ 165.00 $ 2,310.00
Assistant Project
Manager
6 $ 115.00 $ 690.00
Two-Person
Survey Crew
24 $ 340.00 $ 8,160.00
Assistant Project
Manager
10 $ 110.00 $ 1,100.00
Sr. Civil Engineer 180 $ 175.00 $ 31,500.00
Sr. Proj. Manager 140 $ 165.00 $ 23,100.00
Assistant Project
Manager
50 $ 115.00 $ 5,750.00
Sr. Proj. Manager 20 $ 165.00 $ 3,300.00
Clerical 10 $ 70.00 $ 700.00
560 $ 0.75 $ 420.00
Subtotal= $ 80,530.00
Grand Total= $ 80,530.00
NOTES:

BHT Engineering, Inc. City of California City
Juan M. Pantoja, Principal Engineer Joe Barragan - Public Works Director Date: 12/18/2025 Date:
*Construction Inspection / administration by City or separate Task Order. *This total estimated time is considered a maximum amount based on scope of work and expected course of construction. Additional cost as time and materials, which BHT Engineering, Inc. would work with the City.

Perform field engineering surveying of proposed site. Two men crew.

Perform preliminary and final project design of Arizona crossing: Construction Documents to include Site Improvements Plan and Related Construction Details. The design team will prepare the project plans, specifications, and cost estimate. Technical specifications will conform to Caltrans 2024 standard specification.

The signatures below shall serve as an authorization to proceed on Task Order from the City and is acknowledged by Consultant. • The work as described on this task order shall be completed by December 30, 2026. This timeline may be extended Mileage: 140 miles round trip x 4 times
Coordinate with City Staff for the advertisement and award of the project. Assist City in all aspects of the bidding process: including respond to RFIs, 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.

The advertising costs are to be paid by the City directly to the advertising newspaper and are not included in this proposal.

Soils Report cost is not included
Environmental by City
Survey Existing Topographic conditions
Prepare Project Plans, Specifications, Estimates, Bid Preparation

SCOPE OF WORK
Bidding and Award of Project
Project Administration, Meetings and Coordination
Coordinate with City Staff for project’s concept and direction. Internal coordination meetings with city 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.

December 18, 2025

FOR PRELIMINARY ENGINEERING

VIRGINIA BLVD

TASK ORDER
BHT Engineering, Inc. will perform Preliminary Engineering design services as outline in Contract Agreement for General Engineer Services dated September 9, 2025 fee schedule

HAZARD MITIGATION AND ROAD REPAIR

1 NB 2

COUNCIL AGENDA ITEM
January 13, 2026
TO: Mayor and City Council
FROM: Sean Grayson, Interim City Manager
Joe D. Barragan, Public Works Director
SUBJECT: Accept the bid as submitted by Griffith Company for the SB1 Kenniston St Rehabilitation Project from Cal-City Blvd to Walpole Ave. in the amount of $252,444; and authorize the City Manager to execute the construction agreement.

BACKGROUND/ DISCUSSION:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act (RMRA) of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address significant multi-modal transportation funding shortfalls statewide.

Funding allocated through SB 1 will assist the City of California City in maintaining and rehabilitating its local road infrastructure network. The Public Works Department designated the Kenniston St Rehabilitation Project—from Cal-City Blvd St to Walpole St—as a priority for the previous fiscal year.

Subsequently, the City Council approved the project’s submittal to the SB1 system on June 11, 2024, by Resolution 24-3031.

On October 23, 2025, at 2:00 PM, the City Clerk opened five sealed bids for the SB1 Kenniston St Rehabilitation Project, covering Cal-City Blvd St to Walpole Ave.

The following is the tabulation of the bids:

No. Bidder Total Bid
1 Griffith Company $252,444.00
2 Westrock $259,999.00
3 Bowman Asphalt $265,815.00
4 RC Becker and Son,
Inc. $284,332.28
5 Nagle Earthworks $310,011.01

2 The City Engineer (BHT Engineering, Inc.) has approved Griffith Company as the lowest responsible bidder. The contractor has twenty working days to finish the project.

FISCAL IMPACT:

Costs: Bid Construction Total: $ 252,444
Contingency 10%: $ 25,244
Construction Management and Materials
Sampling & Testing 15%: $ 37,867
Total Construction Phase Cost: $ 315,555
Funding: SB1 Funds: $ 315,555
Local Match: 0.00
RECOMMENDATION:

Approve the bid submitted by Griffith Company for the SB1 Kenniston Street Rehabilitation Project, extending from Cal-City Boulevard to Walpole Avenue, in the amount of $252,444; and authorize the City Manager to execute the construction agreement.

Staff also recommend approval of $37,867 (15%) for construction management, materials sampling, and testing, which are essential for completing the project successfully. These funds will be considered as "not to exceed" unless further authorization is given by the Council. Contingency funds are allocated for unexpected work that may come up during construction.

ENVIRONMENTAL IMPACT:

CEQA Notice of Exemption filed
ATTACHMENTS:

Bids Summary
Site Map

RESOLUTION NO. 26-3202

RESOLUTION ADOPTING ACCEPT THE BID AS SUBMITTED
BY GRIFFITH COMPANY FOR THE SB1 KENNISTON ST

REHABILITATION PROJECT FROM CAL-CITY BLVD TO
WALPOLE AVE. IN THE AMOUNT OF $252,444; AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONSTRUCTION AGREEMENT.

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, On June 11, 2024, the City of California City adopted Resolution 24- 3031, designating the rehabilitation of Kenniston St—from Cal-City Blvd St. to Walpole Ave—as a priority project for Fiscal Year 2024-2025. This project is set to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) during the specified fiscal year; and
WHEREAS, the City of California City, will receive an estimated $384,244 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and
WHEREAS, On October 23, 2025, at 2:00 PM, the City Clerk opened five sealed bids for the SB1 Kenniston St Rehabilitation Project, from Cal-City Blvd St to Walpole Ave. The City Engineer (BHT Engineering, Inc.) has approved Griffith Company as the lowest responsible bidder. The contractor has twenty working days to finish the project.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AS FOLLOWS:

SECTION 1: Approve the bid submitted by Griffith Company for the SB1 Kenniston Street Rehabilitation Project, from Cal-City Boulevard to Walpole Avenue, in the amount of $252,444; and authorize the City Manager to execute the construction agreement.

SECTION 2: Staff also recommend approval of $37,867 (15%) for construction management, materials sampling, and testing, which are essential for completing the project successfully. These funds will be considered as "not to exceed" unless further authorization is given by the Council. Contingency funds are allocated for unexpected work that may come up during construction.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 13TH day of January 2026.
__________________________
Marquette E. Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
City Clerk City Attorney
[THIS SPACE INTENTIONALLY LEFT BLANK]

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 13th day of January 2026, 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 13th day of January 2026.

__________________________
Leanndrea Weible
Acting City Clerk

BHT Engineering, Inc. BHT# 25413
Bid Opening: 10/23/2025 @ 2:00 pm ENGINEER'S ESTIMATE
1 COLD PLANE 3" EXISTING AC SURFACE AND HAUL OFF SITE - TO CITY SELECTED LOCATION/ SEE SPECS -PROOF ROLL SUBGRADE S.F. 48,825 $ 15,624.00 0.32 $ $ 0.28 $ 0.40 13,671.00 $ 19,530.00 $ 0.35 $ 17,088.75 $ 0.36 $ 17,577.00 $ 0.46 $ 22,459.50 $ 2 HAUL OFF GRINDINGS TO HACIENDA BLVD AND BEACHWOOD INTERSECTION, APPROX 6.25 MILES ONE-WAY. DISTRIBUTE THE MATERIAL AS DIRECTED BY THE CITY L.S. 1 $ 16,000.00 16,000.00 $ $ 11,500.00 $ 8,200.00 11,500.00 $ 8,200.00 $ 20,000.00 $ 20,000.00 $ 4,800.00 $ 4,800.00 $ 5,550.27 $ 5,550.27 $ 3 APPLY 3" HOT MIX ASPHALT OVERLAY TONS 952 $ 142,800.00 150.00 $ $ 115.00 $ 150.00 109,480.00 $ 142,800.00 $ 125.00 $ 119,000.00 $ 155.23 $ 147,778.96 $ 156.32 $ 148,816.64 $ 4 APPLY FOG SEAL ON NEW PAVEMENT L.S. 1 $ 6,000.00 6,000.00 $ $ 6,500.00 $ 8,200.00 6,500.00 $ 8,200.00 $ 4,000.00 $ 4,000.00 $ 10,793.60 $ 10,793.60 $ 5,987.61 $ 5,987.61 $ 5 INSTALL CURB & GUTTER - (INCLUDES SAWCUT, LAYOUT, DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 95%) L.F. 68 $ 5,440.00 80.00 $ $ 65.00 $ 69.00 4,420.00 $ 4,692.00 $ 100.00 $ 6,800.00 $ 103.23 $ 7,019.64 $ 190.21 $ 12,934.28 $ 6 INSTALL CASE "A" ADA CURB RAMP (INCLUDES SAWCUT,
LAYOUT, DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) EA. 2 $ 6,600.00 $ 13,200.00 $ 5,500.00 $ 11,000.00 $ 3,500.00 $ 7,000.00 $ 4,800.00 $ 9,600.00 $ 4,038.36 $ 8,076.72 $ 7,178.50 $ 14,357.00 7 INSTALL RE-INFORCED 8" SPANDRELL/V-GUTTER - (INCLUDE SAWCUT, LAYOUT, DEMOLITION OF EXISTING IMPROVEMENTS),OVER 24" OF CLASS 2 BASE, GRADE, & COMPACT TO 95%) S.F. 427 $ 60.00 $ 25,620.00 $ 56.00 $ 23,912.00 $ 21,350.00 50.00 $ $ 17,080.00 40.00 $ $ 60.08 $ 25,654.16 $ 19,257.70 45.10 $ 8 INSTALL 4" CONCRETE WALK ( SAWCUT, LAYOUT, DEMOLITION OF EXISTING IMPROVEMENTS, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) S.F. 615 $ 18.00 $ 11,070.00 $ 14.00 $ 8,610.00 $ 12.50 $ 7,687.50 $ 9,840.00 16.00 $ $ 28.75 $ 17,681.25 $ 15,362.70 24.98 $ 9 ADJUST EXISTING WATER/MONUMENT BOX TO NEW GRADES - PROVIDE NEW BOX/COVER EA. 5 $ 8,000.00 1,600.00 $ $ 1,900.00 $ 1,100.00 9,500.00 $ 5,500.00 $ 1,500.00 $ 7,500.00 $ 832.51 $ 4,162.55 $ 2,760.07 $ 13,800.35 $ 10 ADJUST EXISTING SEWER MANHOLE COVER/FRAME TO NEW GRADES EA. 5 $ 12,500.00 2,500.00 $ $ 2,400.00 $ 1,000.00 12,000.00 $ 5,000.00 $ 2,000.00 $ 10,000.00 $ 880.55 $ 4,402.75 $ 3,555.25 $ 17,776.25 $ 11 INSTALL 12" LIMIT LINE - THERMOPLASTIC L.F. 75 $ 1,800.00 24.00 $ $ 20.00 $ 20.00 1,500.00 $ 1,500.00 $ 19.00 $ 1,425.00 $ 24.00 $ 1,800.00 $ 27.25 $ 2,043.75 $ 12 INSTALL WHITE THERMOPLASTIC PAVEMENT MARKINGS INCLUDING FIRE HYDRANT MARKERS S.F. 22 $ 660.00 30.00 $ $ 25.00 $ 25.00 550.00 $ 550.00 $ 45.00 $ 990.00 $ 222.00 $ 4,884.00 $ 34.07 $ 749.54 $ 13 FURNISH AND INSTALL R1-1 SIGN - (36"x36") "STOP " EA. 1 $ 1,100.00 1,100.00 $ $ 825.00 $ 825.00 825.00 $ 825.00 $ 500.00 $ 500.00 $ 9,388.80 $ 9,388.80 $ 1,124.32 $ 1,124.32 $ 14 FURNISH AND INSTALL - W3-1 SIGN - (30"x30") "STOP AHEAD" EA. 1 $ 900.00 900.00 $ $ 650.00 $ 650.00 $ 650.00 $ 650.00 $ 450.00 $ 450.00 $ 780.00 $ 780.00 $ 885.83 $ 885.83 15 PREPARE AND IMPLEMENT BEST MANAGEMENT PRACTICES FOR THE PROTECTION OF DRAIN INLETS L.S. 1 $ 6,000.00 $ 6,000.00 $ 20,366.00 $ 20,366.00 $ 4,000.00 $ 4,000.00 $ 1,000.00 $ 1,000.00 $ 831.05 $ 831.05 $ 3,407.03 $ 3,407.03 16 TEMPORARY TRAFFIC CONTROL L.S. 1 $ 16,000.00 $ 16,000.00 $ 12,500.00 $ 12,500.00 $ 17,054.50 $ 17,054.50 $ 37,541.25 $ 37,541.25 $ 16,817.80 $ 16,817.80 $ 18,057.28 $ 18,057.28 17 FURNISH AND INSTALL - PROJECT FUNDING SIGN FOR SB1 - C48 (CA) (48"X30") EA. 2 $ 5,000.00 $ 10,000.00 $ 2,730.00 $ 5,460.00 $ 2,730.00 $ 5,460.00 $ 1,500.00 $ 3,000.00 $ 942.00 $ 1,884.00 $ 3,720.48 $ 7,440.96 ENGINEER'S ESTIMATE $ 292,714.00 Base Bid Total: 252,444.00 $ Base Bid Total: $ 259,999.00 Base Bid Total: $ 265,815.00 Base Bid Total: $ 284,332.28 Base Bid Total: $ 310,011.01 5 Nagle Earthworks
Lic No. 861047

COST PER

UNIT TOTAL COST
4 R.C. Becker INC
Lic No. 258762

COST PER

UNIT TOTAL COST
3 Bowman Asphalt
Lic No. 862672

COST PER
UNIT TOTAL COST ITEM NO. ITEM CODE UNIT OF MEASURE EST. QNTY COST PER UNIT SB1 FUNDED PROJECT

CITY OF CALIFORNIA CITY
KENNISTON ST. REHABILITATION
CCB BLVD. TO WALPOLE ST

TOTAL COST
BIDS SUMMARY 1

COST PER

UNIT TOTAL COST
Griffith
Lic No. 88
2 Westrock
Lic No. 1096953

COST PER

UNIT TOTAL COST
T:\4-CALIFORNIA CITY\DOC\2025 Projects\25413 SB1 KENNISTON DESIGN PHASE\BIDDING PHASE\KENNISTON REHAB - BIDS SUMMARY-1

Kenniston St Rehabilitation Project
From Cal-City Blvd to Walpole Ave
PROJECT FUNDED BY SB 1: The Road Repair and Accountability Act of 2017 FY 2024-2025
Approximately; 1,300 ft of road rehabilitation

KENNISTON ST

WALPOLE AVE

CAL-CITY BLVD

1 CITY OF CALIFORNIA CITY

CONSTRUCTION CONTRACT
SB1 Kenniston St Rehabilitation – Cal-City Blvd. to Walpole Ave

1. PARTIES AND DATE.

This Contract is made and entered into this 13th day of January 2026 by and between the City of California City, a public agency and public corporation of the State of California (“City”) and Griffith Company with its principal place of business at 1128 Carrier Parkway Ave. Bakersfield, CA 93308 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Backflow preventers replacements__ related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Engineering Contractor license A.

2.3 Project. City desires to engage Contractor to render such services for the SB1 Kenniston St Rehabilitation – Cal-City Blvd. to Walpole Ave. (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications, and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City

2 • 2018 Edition of the Standard Specifications of the State of California, Department of Transportation “Caltrans.
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to complete the Project fully and adequately, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such a change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes, and articles. The contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process, or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process, or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or

3 equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process, or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 20 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Seven Hundred and Fifty Dollars ($750.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations

4 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two-Hundred FiftyTwo Thousand Four-Hundred Forty-Four and 00/100 Dollars ($252,444.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9)

5 erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor 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. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

6 3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance

7 requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify, and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor 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 Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

8 3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor 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 paragraph 3.8.1. Consultant further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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 as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract

9 Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for

10 violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:

11 (A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and

12 the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

13 3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’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 required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

14 3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents, and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized 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. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companies, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Two Million Dollars ($2,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy).

The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insurers. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance. (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loading and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and

15 containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of SelfInsurance reasonably satisfactory to the Owner. (v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Contractor agrees to obtain and maintain Builder’s Risk/Courseof-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. This insurance shall insure against all risks, including but not limited to the following perils: vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.

16 (c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non-Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non-contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbrella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations pages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non-Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insurance to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to

17 commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:

Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents, and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired

18 or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or selfinsurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages

19 for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so

20 corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on

21 behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Griffith Company
1128 Carrier Parkway Ave
Bakersfield, CA 93308
Attn: Scott Miles

22 CITY:

City of California City
21000 Hacienda Blvd
California City, California 93505
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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

23 of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF CALIFORNIA CITY

AND GRIFFITH COMPANY
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the _13th_ day of __January___, 2026.

CITY OF CALIFORNIA CITY Griffith Company

By: By:

Marquette E. Hawkins
Mayor Its:

Printed Name:

ATTEST:

By:

Leanndrea Weible, Acting City Clerk

25 EXHIBIT “A”

SERVICES / SCHEDULE
See Plans and Specifications, incorporated herein by this reference.

26 EXHIBIT “B”

PLANS AND SPECIFICATIONS
See Plans and Specifications, incorporated herein by this reference.

27 EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, at the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

28 EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Griffith Company
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

29 EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:_______________________________
DIR Registration Number:__________________________
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor__________________________________________ Signature__________________________________________________ Name and Title_____________________________________________ Dated___________________________

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

30 EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

31 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of California City (hereinafter referred to as “City”) has awarded to Griffith Company, (hereinafter referred to as the “Contractor”) an agreement for SB1 Kenniston St Rehabilitation – Cal-City Blvd. to Walpole Ave. (hereinafter referred to as the “Project”).

WHEREAS the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated 10/03/2025, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Griffith Company, the undersigned Contractor and _______________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two-Hundred Fifty-Two Thousand FourHundred Forty-Four and 00/100 Dollars ($252,444.00) said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

32 Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___).
(Corporate Seal)
Contractor/ Principal

33 By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

34 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

35 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of California City (hereinafter designated as the “City”), by action taken or a resolution passed January 13, 2026 has awarded to Griffith Company. hereinafter designated as the “Principal,” a contract for the work described as follows:

SB1 Kenniston St Rehabilitation – Cal-City Blvd. to Walpole Ave. (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated 08/15/2024 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and _____________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of Two-Hundred Fifty-Two Thousand Four-Hundred Forty-Four and 00/100 Dollars ($252,444.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

36 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

37 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

38 EXHIBIT “G”

FEDERAL REQUIREMENTS

NB 3

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and City Council
FROM: Mayor Marquette Hawkins

SUBJECT: A Resolution of the City Council of The City Of California City Approving Appointment of One (1) Commissioner to The City’s Parks And Recreation Commission
BACKGROUND/ DISCUSSION:

The City received applications for commissioners to serve on the California City Parks and Recreation Commission as established in Title 2, Chapter 2, Article 8 of the municipal code. After reviewing the candidates, I am recommending that Vincent Boochee be appointed to the Parks and Recreation Commission with a term of 2026-2028. Adoption of the resolution will appoint Mr.

Boochee to the commission and the Acting City Clerk will be directed to take all necessary actions to seat Mr. Boochee including administering the applicable oath of office.

RECOMMENDATION:

That the Council adopt the Resolution No. 26-3203

4909-4761-1783 v1
RESOLUTION NO. 26-3203

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY APPROVING APPOINTMENT OF ONE (1) COMMISSIONER TO THE CITY’S PARKS

AND RECREATION COMMISSION
WHEREAS, the City of California City (“City”) Parks and Recreation Commission (“Commission”) is governed by the California City Municipal Code (“CCMC”) and State law; and
WHEREAS, pursuant to CCMC section 2-2.103, the Commission is comprised of five members; and
WHEREAS, pursuant to CCMC section 2-2.104(b), the terms of office for members of the Commission (“Commissioners”) are for a period of two (2) years or until their successors are appointed; and
WHEREAS, on November 17, 2025, the City Council passed a motion appointing Melissa Gomez to the Commission; and
WHEREAS, the Council desires to appoint another Commissioner to the Commission effective immediately; and
WHEREAS, the Mayor has recommended that the following resident be considered for appointment to the Commission.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of California City authorizes the following:

1. Vincent Boochee is appointed to serve on the City of California City Parks and Recreation Commission for a two (2) year term; and

2. Ratification of the Council’s motion on November 17, 2025 appointing Melissa Gomez to a two(2) year term; and

3. The Resolution is effective immediately upon adoption.

The foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of California City held on January 13, 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

DATED:

ATTEST:
_________________________
Leanndrea Weible
Acting City Clerk

NB 4

COUNCIL AGENDA ITEM
January 13, 2026
TO: Honorable Mayor and City Council
FROM: Mayor Marquette Hawkins

SUBJECT: A Resolution of the City Council of The City Of California City Establishing the Street Reconstruction and Transformation Initiative (SRTI) BACKGROUND/ DISCUSSION:

A Presentation has been prepared and an oral report will be provided by Mayor Marquette Hawkins. Presentation and all documentation for this item are attached.

RECOMMENDATION:

City Council to discuss and consider adopting Resolution No. 26-3205

RESOLUTION NO. 26-3205

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY

ESTABLISHING THE STREET RECONSTRUCTION AND TRANSFORMATION

INITIATIVE (SRTI)
WHEREAS, California City maintains one of the largest roadway systems in the State of California; and
WHEREAS, decades of deferred maintenance and reliance on contracted services have contributed to deteriorating street and roadway conditions; and WHEREAS, safe and reliable streets are essential to public safety, economic development, and quality of life; and
WHEREAS, the City Council desires to establish a comprehensive, long-term infrastructure strategy to reconstruct, rehabilitate, and transform the City’s street network; and
WHEREAS, the City seeks to improve efficiency and reduce long-term costs by developing in-house roadway repair capabilities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of California City hereby:

1. Establishes the Street Reconstruction and Transformation Initiative (SRTI) as a formal citywide infrastructure program.

2. Authorizes the acquisition of equipment and resources necessary to perform in-house street and road repairs.

3. Directs staff to prioritize roadway reconstruction, traffic safety, and preventative maintenance under SRTI.

4. Requires quarterly progress reporting to the City Council.

PASSED, APPROVED, AND ADOPTED this 13th day of January 2026. __________________________

Marquette E. Hawkins
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
Acting City Clerk City Attorney

STREET RECONSTRUCTION AND TRANSFORMATION INITIATIVE
(SRTI)
California City is launching the Street Reconstruction and Transformation Initiative (SRTI) to rebuild streets, improve traffic safety, and modernize infrastructure citywide.

What Residents Will See:
• Faster pothole repairs
• Safer intersections
• Improved striping and signage
• Smoother streets
Why It Matters:

By investing in our own equipment and crews, California City saves money, responds faster, and ensures better quality repairs.

SRTI is a cornerstone of Vision 2050.

MULTI-YEAR SRTI IMPLEMENTATION SCHEDULE
Year 1 (2026–2027)
• Equipment procurement
• Citywide pavement assessment
• Pothole and crack sealing program
• High-priority corridors
Year 2 (2027–2028)
• Residential street rehabilitation
• Intersection safety upgrades
• Striping and signage replacement
• Preventative maintenance expansion
Year 3 (2028–2029)
• Major arterial reconstruction
• ADA upgrades
• Traffic calming installations
• Long-term pavement preservation

PROCUREMENT AUTHORIZATION & EQUIPMENT
SCOPE
Authorized Equipment Categories
• Asphalt patching truck
• Skid steer and attachments
• Asphalt hotbox/recycler
• Compaction roller
• Crack-sealing equipment
• Traffic control devices
Procurement Direction
Staff is authorized to:
• Issue RFQs/RFPs
• Utilize cooperative purchasing agreements
• Ensure compliance with state and federal funding requirements

SECTION 6: OFFICIAL PRESS STATEMENT
California City today launched the Street Reconstruction and Transformation Initiative (SRTI), a comprehensive effort to rebuild aging streets, improve traffic safety, and establish in-house road repair capabilities.
“This is about transforming our infrastructure so it serves residents today and supports our future,” said Mayor Marquette “Marq” Hawkins.

SRTI aligns with Vision 2050 and represents a long-term commitment to safety, efficiency, and community investment.

STREET

RECONSTRUCTION
AND

TRANSFORMATION

INITIATIVE (SRTI)
• Rebuilding Streets.

Transforming California
City
• Mayor Marq Hawkins
• December 22, 2025

WHY SRTI
• Aging and
deteriorated
streets
• Safety concerns
citywide
• Rising
contractor costs
• Need for faster,
accountable
repairs

VISION 2050

ALIGNMENT
• • Infrastructure
modernization
• • Public safety
• • Economic development
• • Long-term sustainability

WHAT SRTI DOES
• Reconstructs
streets
• Improves traffic
safety
• Establishes inhouse repair
capacity
• Reduces longterm costs

IN-HOUSE REPAIR

STRATEGY
• • Faster pothole
response
• • Continuous
maintenance
• • Quality control
• • Workforce
development

EQUIPMENT

INVESTMENT
• • Asphalt patch truck
• • Skid steer & attachments
• • Hotbox recycler
• • Compactor
• • Crack-seal machine
• • Traffic control equipment

IMMEDIATE

ACTIONS
• • Pothole repair
• • Crack sealing
• • Priority corridors
• • Residential safety
upgrades

LONG-TERM

OUTCOMES
• • Safer streets
• • Smoother roads
• • Stronger
neighborhoods
• • Increased investment

CLOSING
SRTI IS NOT JUST REPAIR — IT IS TRANSFORMATION.