Minutes of the Shafter City Council
January 17, 2023
CITY MANAGER COMMENTS AND REPORTS: City Manager Gonzalez provided an update on the Fire and Police Substation at Gossamer Grove; City Manager Gonzalez reported he has been in contact with staff from the office of Senator Hurtado to retain a funding agreement for grants; and provided an update on the schedule of upcoming events.
DEPARTMENT DIRECTOR COMMENTS AND REPORTS:
1. Planning Director Esselman provided an update on the Housing Element and will provide Council a draft of the policy changes; and discussion was held on scheduling a Study Session to discuss the process of the General Plan Update.
2. Public Works Director James provided an update on Public Landscape and Improvements at the Shafter Police Department, possibly along Santa Fe Way, and the entrance to the Wonderful Industrial Park. Feedback and direction were provided by the City Council on how to proceed for future landscaping and improvements.
3. Finance Director Sanchez gave a presentation on California Class and Investments; and will provide a Staff Report on a future City Council meeting agenda on whether to proceed with moving monies from LAIF and savings into California Class.
RECESS:
MOVED (PROUT) AND SECONDED (ESPINOZA) COUNCIL RECESSED INTO CLOSED SESSION AT 8:03 P.M.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:
Pursuant to California Government Code, Section 54956.9 Significant exposure to litigation pursuant to California Government Code Sections, 54956.9(d)(2)/(3)(1). One Potential Case NO REPORTABLE ACTION.
2. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code, Section 54957.6 Agency Representative: Gabriel A. Gonzalez, City Manager; Employee Organization: Service Employees International Union, Local 521, Shafter Police Officers Association; Non-represented Employees. NO REPORTABLE ACTION.
ADJOURNMENT:
MOVED (ESPINOZA) AND SECONDED (ALVARADO) COUNCIL ADJOURNED THE MEETING AT 9:43 P.M.
MOTION CARRIED WITH NO OPPOSITION.
_______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
P r o c l a m a t i o n
Kern County Grand Jury Awareness
Month
February 2023
WHEREAS, the Grand Jury is one of oldest government
institutions in our jurisprudence, devised to check the excesses of the English monarchy and to ensure the rights of the accused; and WHEREAS, the California Constitution, adopted in 1879,
provided “that a grand jury shall be drawn and summoned at least once a year in each county”; and
WHEREAS, the California Grand Jury is an arm of the
Superior Court; and
WHEREAS, the Grand Jury acts as the public’s “watchdog” by investigating and reporting on affairs of local government and recommending ways local governments can be more efficient, effective, transparent, and accountable; and
WHEREAS, the Kern County Grand Jury is a body of 19
citizens and is a diverse group of men and women with a wide range of backgrounds and interests; and
WHEREAS, the Grand Jurors make a commitment to serve
a minimum of 20 hours per week for a term of 12 months; and WHEREAS, a new Grand Jury is impaneled in June of each
year.
NOW, THEREFORE, I, Chad Givens, Mayor of the City of
Shafter, on behalf of the entire Shafter City Council, do hereby proclaim February 2023, as Kern County Grand Jury Awareness Month in the City of Shafter and encourage all citizens to consider volunteering for the Kern County Grand Jury.
PASSED AND ADOPTED this 7th day of February 2023.
Chad Givens
Mayor
336 Pacific Avenue, Shafter CA93263
Tel: (661) 746-5002. Fax (661) 746-9125
Email: facjlityrentals @ shafter.com
APPLICATION FOR SPECIAL EVENT PERMIT
Shafter Municipal Code 17.02.100 permits short-term placement of activities on privately or publicly owned property with appropriate regulations so that such activities are compatible with the surounding areas.
The City's Project Assistance Team is authorized to approve a special event permit if the event is expected to accommodate less than 50 persons. City Council approval is required if more than 50 persons will attend.
Complete applications must be received a minimum of 30 days prior to the event. If errors or omissions are discovered, the application will be deemed incomplete and will be returned to the applicant for revision. Acceptance of your application is not a guarantee of approval. After the initial intake of your completed application, other City permits may be required. Application Fees are due at the time of submittal and are non-refundable.
APPLICANT: Name (Contact Person) Daiana Quintanilla or Fernando Gonsales Name of Busindss or Organization (if applicable): Ventura circus If Organization, what type: nservice Club ICnu..h E Other: Circus Mailing Address: 7016 oakhurst ave Las vegas state XY- 89145 Phone 702 245-9092 Fax g'nui1 V.circus2 1 @gmail.com
TYPE OF EVENT (concert, reception, parade, party, promotion, rally, wedding, parade, etc.) circus whitout animal, for the whole family, trapezoidal artist juggling and clows DATE(S) OF EVENT:
TIME OF EVENT:
TIME SET-UP STARTS:
prorn. 03/0112023
pro-. 2:00 pr m.
8:00 a. m.
NUMBER OF ATTENDEES. 350
LOCATION OF EVENT. Mannel park 600 calloway st
To.03t07t2023
1o. 9:00 p. m.
TIME CLEAN_U' ENDS: 9:00 p. m
ADMISSIoN FEE? Zly., INo
Nme of Facility/Address
Name of Property Owner: City of shafter
FULL DESCRIPTION OF ACTryITY: (check all that apply)
f,amplified speech or music Z pooO Beverages served/sold** to be used Public Dance Tstreet closure (attach map) !earricades (attach map) !equipment to be brought in (specify below) Food Vendors **a coov of the Communitv Event Permit hsued bv Kern Countv Public Health must be attached Alcoholic Beverage ** the event organizer must obtain an ABC licensed issued bv Akoholic Beverase Control EVENT ORGANIZERS ARE RESPONSIBLE FOR ENSARING ALL VENDORS ARE PROPERLY LICENSED.
Additional Pertinent Information (attach additional sheet if necessary):_ Circus whitout animal for the whole family trapezoidal artist juggling and clows
GENERAL REQUIREMENTS:
l. Execute a Hold Harmless Agreement.
2. Provide a Certificate of Insurance with an Endorsement for the City of Shafter, if required. See "Insurance Requirement" below.
3. There shall be no disruption in normal vehicular traffic flow.
4. All City noise regulations must be observed.
5. Parking must be in authorized parking spaces only.
6. There shall be no alcoholic beverages at event without prior City Council approval.
7. Carefully observe Hours of Event, as stated on permit.
7. All set-up and clean-up is the responsibility of the permit-holder. Following the event, all facilities must be left in a clean and orderly condition.
8. If indicated, comply with any additional conditions that may have been imposed as Conditions of Approval following review of your application for a Special Event Permit.
9. Do not advertise your event until the application is approved.
10. Application fees are non-refundable.
INSURANCE REQAIREMENTS ONLY IF THE EVENT WILL BE HELD ON A CITY OWNED FACILITY OR ON CITY RIGHT-OF-WAY:
1. Open to the Public
2. Fundraising
3. More than 100 persons
4. Amplification
5. Alcohol to be served/sold
ES
Yes
Yes
Yes
Yes
o
o
o
If any one or more of the boxes above are marked YES, a Certificate of Insurance must be filed two weeks prior to the event. The Certificate of Insurance alone is not an acceptable proof of coverage and must be accompanied by an Endorsement page naming: "The City of Shafter, it's Officers, Employees, City Council members, Agents, Boards and Commissions" as additional insured. The insurance coverage accepted is $1,000,000 per occurrence and $2,000,000 general aggregate. In addition, if Alcohol is present or sold, a host liquor liability in the amount of $2,000,000 per occurrence and $4,000,000 general aggregate must be produced.
The following Hold Harmless Agreement is also required:
This is to certifu that
Daiana Quintanilla or Fernando Gonsales
agrees to indemnif
and hold harmless the City of Shafter, its Employees, City Council members, Agents, Boards and Commissions from and against any and all claims, liability loss, costs, damages, fees of attomeys, and other expenses which the City may sustain or incur by reason of, or in consequence of, the use of City streets and land, including but not limited to, sums paid on liability judgments in relation to use of land and streets.
Furthermore, I certi$r that I am the applicant or authorized agent and that the information filed is true and correct to the best of my knowledge. I understand that additional Conditions of Approval may be imposed on my event by the Project Assistance Team or the City Council, and I agree to comply with any conditions that may be required.
Applicant's Signature % Date:
01110t2023
CHIEF OF POLICE: tr Approved tr Approved with Conditions Listed Below Date:
tr Denied
Signature
PROJECT TEAM: tr fiapp.ou"d with Conditions Listed Below D Denied Signature Date: I 7o Z'2"
CITY COUNCIL: tr Approved fl Approved with Conditions Listed Below Signature: Date:
CONDITIONS OF' APPROVAL
As part of the approval process for a Special Event Permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in the City Zoning Ordinance. These conditions may involve any factors affecting the operation of the temporary use or event. Conditions of Approval include the following items circled:
1. Provision of temporary parking facilities, including vehicular ingress and egress.
2. Regulation of nuisance factors such aso but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dirt, odors, gases, and heat.
3. Regulation of temporary buildings, structures, and facilities, including placement, height and size, location or equipment and open spaces including buffer areas and other yards.
4. Provision of sanitary and medical facilities.
5. Provision of solid waste collection and disposal.
6. Police and fire concerns.
7 . Provision of security and safety measures.
8. Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than requested.
9. Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former conditions.
10. Submission of a site plan indicating any information required by the ZoningOrdinance. 1 l. A requirement that the approval of the requested special event permit is contingent upon compliance with the Zoning Ordinance and with other applicable provision of other ordinances, resolutions, or regulations.
12. Other conditions that will ensure the operation of the proposed special event in an orderly and efficient manner and in accordance with the intent and
13. Additional Conditions of Approval: fq-a ^l L re_ .,f .CC-$ C Co,^^ -, t\
D Denied
Received by
Fee Waived: E Yes EllStro Fee: $
dV"t tr NA Park Use Permit Issued
tr Yes g'ffe Encroachment Permit Issued
FOR OFFICE USE ONLY
out" l'lD-76'l-b Zoning of
Credit Card Check No.
&", tr NA
tr Yes Effi
Insurance Certificate Filed
ABC License
AppLICANT. Daiana Quintanilla
If applicable, what type of Organization:
Local non-profit Organization? il Yes
Mailing Address: 7016 oakhurst
Tel 7O2245-8092 Fax
Altemate COntaCt Name: Fernando Ventura
APPLICATION FOR PARK USAGE
336 Pacific Avenue, Shafter, Catifornia 93263
(661) 746-5002. Fax (661)746-9125
Email: [email protected]
V.circus
D Service Club tr Church [ 616... Circus
fl No If yes, please provide Tax ID yo 20212285185
City Las vegas State Nv Zip 891a5
Email [email protected]
702 245 7798
il Open to the Public il Amplified Music/Speech il Alcoholic Beverage I AmusementAvlechanical Rides fl Bounce House/Water Slide il Food Sales I Fundraiser D Admission Charge trBirthday parry DCarnival I Circus tr Family Reunion f, Other, describe CHECK ALL THAT AI'PLY:
tr Sports Field Lighting D Yes tr No If yes, please indicate requested Start Time_ il Electricity * il Water * fAvaitable at Mannel Park only. Areas 1 and S) for updates and information on
to protect yourself and others from COVID-19.
Area of park. Open area
StartTimeff2:0O enO 1i." 9:oo
Number of Attendees: Adults
PurposeArlature of Event' C i rcus entertai m ment
End Time
Provisions for Security and Medical Aid
Equipment to be brought into the park Big top tent
vJ,tagzJ,&vJl7r,t23 L\ Ll
\1,
Name of park. Mannel park
e\,.
Out"W,- u Start 1in'" 2:00 gn61ir1" 9:00
Juveniles 1s1a1 350
g1aft 11ms-7€42:ott 8n611,n" 9:00
(;ROUP PARK FACILITY USII PERMIT:
Maximum Distance Music will be Heard Time of Use Wattage AM PLIFI IiD M TJSIC/SPE IiCH PIiRM IT: Munici I Clotle 12.32.150 -160 Type o141"o1ro1. N/a
A LC]OHO L IC B IiV E RA(; II POSSESSI ON OR C]ONST] M P'T ION I' II IiNllT: (Nlunici I Code 12.32.070) Tax Exempt No.
Purpose og gu1. N/a
Type of Alcohol
ABC License
;\ L(lO tlO t. I (' lt F-V I,l lt,\( ; li SA t.ll l, ll lt Nl I'f : ,\tt:tch ('o of'Al](' Lice nsc iVIu nici l ('otlc 12.32.070)
A facility use agreement authorizes rental of the facility under the following conditions a. The requested park facility, date and time are available b. The rental will not interfere with official City business or programs c. A complete reservation form has been submitted to the City and all applicable fees paid d. A hold harmless and indemnification agreement has been signed and submitted e. If Liability insurance is required, the renter must submit proof of insurance coverage and endorsements to the City ten days prior to the event
a. Applicant must be 18 years or older
b. Park hours are from 5am to l0pm and facilities are available for Rental between 5am to 9pm c. Applicant is responsible for the conduct and control ofthe attendees and must be present at the rental at all times
d. City events will take precedence over non-city events e. Payment of park permit fees is non-refundable. In the event of a rain-out, the renter may opt to reserye a future rental date up to 120 days in advance and is subjectto availability f. Applicant is responsible for vacating the facility in a timely manner C. All parks are to left clean and litter free after use, all hash must be placed in the trash bin receptacles h. Placement ofsigns or posters for advertising purposes is prohibited i. Recurring reservations that are religious or political in nature are prohibited j. Changes to the reservation date, time and nature of activity must be requested in person k. Consumption of Alcohol is prohibited
l. Additional Conditions of
Standard Park Conditions
D
may revoke an issued permit or deny a reservation, when it is determined by the Director that the proposed use of the facility is not consistent with the intended use. Use of the facility will be granted upon the conditions that all rules and regulations will be followed. A rental permit may be revoked for violations of any rule or regulation contained in the City of Shafter Municipal Code or state and local laws by the renter, guests, attendees, employees or vendors. Applicant is responsible for any damage to the facilityo contents or fixtures and is responsible for the cost of repairs and or replacements of such at the City's discretion. All damages must be reported to the City at the conclusion ofthe event or the next business day.
The Director
D
Director may establish additional rules, regulations and conditions concerning the use of the park that are consistent with Chapter 12.32 of the Municipal Code
The
permit or any obligation, right, title or interest assumed by the renter without the prior written consent of the City. City D
The Park Permit is nonexclusive and nontransferable. Under no condition shall the Renter assign or transfer use ofthis reseryes the right to terminate the
is responsible for the conduct and conhol of all the attendees AND further agrees to ensure that the number of attendees does not exceed the number declared on the Permit Application. Non-compliance with this requirement can be subject to rental cancellation and fees revoked.
Applicant
or non-profit organizations to conduct sales, collect fees or have fundraising events at city parks under the following conditions:
a. A use permit is granted
b. A city business license is obtained
c. Food sales must be approved by Kern County Public Health and a copy of the permit filed with the City The Director may grant local charitable
P.\RK REN-T \I, .\GREENIENT
( l'l-\'S R.l(;ll'l'-IO RITVOKE. ('\N('EL Oll Dl,-,.t-\' REN'I'.\1. P[-RNll-l RIG H',l''t'o t_s-I \Bt.tst t \DDt't-toN \t. Rtr t.l,_s .\N D ('o\ Dt't'toNs N ON -,\SS I (; N \,r r,.r-'r-
.\'l-'l-E),,1 l).\N('l-,\N D (' \1,.\( l'l'\
s \t.[.s \\l) ( ot.l.t,.( I l()\ ot. t t..t,.s
Inflatable attractions including bounce houses, water slides, obstacle Facility must be adequate in size and have electricity or water connection available b. Vendor must have an active business license with the City courses, laser tags and non-mechanical rides may
insurance and additional endorsements must be filed with the l0 be permitted as follows:
a.
c. to the event
operated in the City of Shafter unless such ride has a valid TAR Permit and a Certificate of Inspection issued by the State of California. 2. Certificate shall be posted on or near the amusement ride in a location
1. No Amusement Ride shall be
where it can be seen and accessible at the ofauthorized Staff 3. Other Permits be City Council Resolution 888 requires that a Certificate of Insurance shall be submitted ifthe event is a fund-raising activity; is expected to have: more than 100 persons attending; amplified music; alcohol consumption. MINIMUM REQUIRMENS: Commercial insurance with limits not less than $2,000,000 in aggregate and $1,000,000 each occurrence. Proof of insurance coverage including the required additional endorsements naming the City of Shafter, its Officers, Employees, City Council members, Agents, Boards and Commissions as Additional Insured must be filed with the city 10 days prior to the event. The insurance carrier must have a Best's A- and be size VII or larger and licensed to do business in the State of Califomia. is open to the public;
amusement rides; or
Is certificate of Insurance CS
1. Play golfor archery or fly motor-driven model aircrafts (except in designated areas)
2. Vandalize or damage any park trees or other vegetation, buildings, benches, equipment or facilities
3. Light any fire (except in grills and pits)
4. Litter in any manner
5. Drive or park motor vehicles or bicycles (except when authorized on park permit)
6. Ride horses or other animals
7. Allow dogs to run loose
8. Interfere with other persons or groups who have reserved park areas
9. Obstruct paths and passage ways
10. Possess or use any weapon
I l. Camp or lodge overnight, except by permission of the City
12. Operate a radio or other audible device loud enough to be heard 50 feet from the radio or device
13. Amplified music, speech or sound, except by permit
14. Possess, consume or sell alcoholic beverages, except by permit issued by the City Council a. Application to consume or sell alcoholic beverages must be submitted 2l days prior to the event b. Denial of the application may be appealed to the City Council by filing a written appeal with the City Clerk within 5 days of mailing or delivery of such decision c. The City Council shall hold a hearing within 14 days of filing the appeal d. The decision ofthe Council shall be final
15. Power driven mechanical rides also referred to as Amusement Rides require City Council approval
16. Hazardous materials are prohibited in any City facility and defined as asbestos or asbestos containing materials, petroleum, including but not limited to crude oil, natural gas, or natural liquids, pollutants or contaminants 17 . Any violations of law
lN l.'L.\'t,\Bt.L,s,\N D BOtrNCt[_ HOtTSES
,\!l trSEill EN-I/i\l E(lH.\N l(',\t. Rl D[-S
lNstiR,\N('E Rtt T'I REII ENI'
o'IlIIR RF_,Gtr1..\'t'tONS .\ND pROtIIl]t'[t_D \("t's
By initialing and signing this application, the applicant agrees to the rental policies set forth. I certifu that I am the applicant or authorized agent and that the i1prrnltion filed is true and correct to the best of my knowledge.
Applicant's W p6" 12t16t22
PARK PERMIT APPROVAL: [1 Approved I Approved with Conditions D Denied Received by ,27--
Check No Credit Card_ Receipt No.
Date l.l Time
Fee $ Cash _
PERMIT REVIEW: City Manager
PERMIT REVIEW: Chief of Police
GROUP PARK FACILITY USE: Public Works Director:
FOR OFFICE USE ONLY
This Release, Ilold Harmless And Indemnification Agreement ("Agreement") is made and entered into by and between the City of Shafter, Californiao a California municipal corporation organized under the laws of the State of California ("City"), un6 Fernando Gonsales (..User/Renter,,).
In consideration of the covenants, promises, representations, and warranties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, intending to be legally bound hereby, the parties agree as follows:
User/Renter has reserved and rented the following property, venue, or space owned or operated by City and commonly referred to as Mannelpark
, which is located at
600 calloway Shafter, CA. City hereby grants permission to User/Renter to reserve, rent, enter, and use the above-referenced property for lawful and authorized purposes or events as further detailed in the records related to User/Renter's reservation, use and rental of the referenced City property.
User/Renter hereby agrees to indemnify and hold harmless the City, and its officials, officers, employees, and agents from any and all suits, demands, claims, lawsuits, judgments, losses, penalties, actions, fines, costs, liabilities, debts, damages, and expenses, including but not limited to all reasonable legal fees and costs, from loss, damage, or injury to persons or property in any manner arising out of, allegedly arising out of, incident to, or connected to any acts, omissions, or misconduct in connection with the reservationo use, and rental described above whereby User/Renter enters, occupies, or uses the above-referenced City property. User/Renter further agrees to defend at User/Renter's own expense, including but not limited to all reasonable legal fees and costs, the City, and its officials, officers, employees, and agents in any legal action based upon such acts, omissions, or misconduct.
User/Renter fully recognizes the dangers of entering, occupying, or using the above-referenced City property for lawful and authorized purposes or events and voluntarily assumes all risks of loss, damage, or injury to persons or property associated with his or her reservation, use, and rental.
User/Renter hereby releases City from any and all liability in any manner arising out of, allegedly arising out of incident to, or connected to User/Renter's reservation, use, and rental of the above-referenced City property. User/Renter understands and acknowledges that City is not liable for any loss, damage, or injury to persons or property associated with User/Renter's reservation, use, and rental.
If any provision of this Agreement is held to be void or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law provision or rule in any other jurisdiction. This Agreement constitutes the entire Agreement between the parties with respect to the subject matters described herein, and supersedes any and all agreements or understandings, whether written or oral, between the parties with respect to such subject maffers. All waivers of any provision hereunder shall be in writing and signed by both parties. The failure of either party to enforce at any time for any period any provision hereof shall not be construed to be a waiver of such provision.
This Agreement shall be effective on the date of execution by the parties, as indicated by the later date of the parties' signatures below, and expires on the completion of the above-referenced reservation, use, and rental by User/Renter from City, which in no case should extend beyond the rhuBday,fd day 6f A3129 ll04to4 2023 USER/RENTER:
Fernando Gonsales 12t16t22
User/Renter fPrint Name] User/Renter Date
RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
AND WAIVER OF LIABILITY FOR THE CITY OF SHAFTE R, CALIFORNIA
336 Pacific Avenue, Shafter CA93263
Tel: (661) 746-5002. Fax (661) 746-9125
Email : facilitvrentals @ shafter'.com
APPLICATION F'OR SPECIAL EVEI{T PERMIT
Shafter Municipal Code 17.02.100 permits short-term placement of activities on privately or publicly owned property with appropriate regulations so that such activities are compatible with the surrounding areas.
The City's Project Assistance Team is authorized to approve a special event permit if the event is expected to accommodate less than 50 persons. City Council approval is required if more than 50 persons will attend.
Complete applications must be received a minimum of 30 days prior to the event. If errors or omissions are discovered, the application will be deemed incomplete and will be returned to the applicant for revision. Acceptance of your application is not a guarantee of approval. After the initial intake of your completed application, other City permits may be required. Application Fees are due at the time of submittal and are non-refundable.
APPLICANT: Name (Contact Person) frm c$cL
Name of Business or Organization (if applicable) fu^'Y T*tetr<te (o,"tt*zt/tt- A;ued lf Organization, what type: E Service Club s€Ghurch E Other:
Mail Address: 3oO 1^1, LRho h{a'l -r2fofp.vg Stateb- 9szks 6 Fax Ernail S<e n *.|-\ef<-fett-rZP v,+1a6. corvTYPE OF EVENT (conceft, reception, parade, promotion, rally, wedding, parade, etc.) /7-a{ 0terqu
DATE(S) OF EVENT:
TIME OF EVENT:
TIME SET-UP STARTS: ,/'D Aa>\
NUMBER OF'ATTENDEES: /AO
LOCATION OF EVENT: 3 OO
T
To: I :3 O^e 6vr
TIME CLEAN-UP ENDS: 2.o'n,
ADMISSION FEE? E Yes tr No
vlT
From:
From:
Natne
Name of Property Owner: e
FULL DESCRIPTION OF ACTMTY: (check allthat apply)
ffimplified speech or music tr Food Beverages served/sold** B Banners/Flags to be used tr Public Dance E Street closure (attach map) Q Barricades (attach map) E Equiprnent to be brought in (specifu below) I Food Vendors x*a copv of the Communitv Event Permit issuecl bv Kern Countv Public Health must be ottached E Alcolrolic Beverage ** the event orsanizer must obtain an ABC licensed ksued bv Alcoholic Beverage Control EVENT ORGANIZERS ARE RESPONSIBLE FOR ENSURING ALL VENDORS ARE PROPERLY LICENSED.
Additional Pefiinent Infonnation (attach additional sheet if necessarg: Ed*JI-^rS W fi 'D nd C4'Ytrt utt, nPr .. lf € b //l A6gE tp {ort.r-n*1ttt R cruna En Kfo /1.\r4 L
GENERAL REQUIREMENTS:
I
2 . Execute a Hold Harmless Agreement.
Provide a certificate of Insurance with an Endorsement for the cit)u of Shafter, if required. see "Insurance Requirement" below.
There shall be no disruption in normal vehicular traffic flow.
All City noise regulations must be observed.
Parking must be in authorized parking spaces only.
There shall be no alcoholic beverages at event without prior City Council approval.
Carefully observe Hours of Event, as stated on permit.
All set-up and clean-up is the responsibility of the permit-holder. Following the event, all facilities must be left in a clean and orderly condition.
8. If indicated, comply with any additional conditions that may have been imposed as Conditions of Approval following review of your application for a Special Event Permit.
9. Do not advertise your event until the application is approved.
10. Application fees are non-refundable.
INSARANCE REQUIREMENTS ONLY IF THE EVENT WILL BE HELD ON A CITY OWNED FACILITY OR ON CITY KIGHT-OF-WAY:
4. 5.
6. 7.
7. 1. Open to the Public
2. Fundraising
3. More than 100 persons
4. Amplification
5. Alcohol to be served/sold
ffies tr No
p.Yes tr No
$Yes tr No
SYes tr No
tr Yes ,ElNo
If any one or more of the boxes above are marked YES, a Certificate of Insurance must be filed two weeks prior to the event. The Certificate of Insurance alone is not an acceptable proof of coverage and must be accompanied by an Endorsement page naming: "The City of Shafter, it's Officers, Employees, City Council members, Agents, Boards and Commissions" as additional insured. The insurance coverage accepted is $1,000,000 per occuffence and $2,000,000 general aggregate. In addition, if Alcohol is present or sold, a host liquor liability in the amount of $2,000,000 per occurrence and $4,000,000 general aggregate must be produced.
The following Hold Harmless Agreement is also required:
This is to certi$r that SyUT ft-rrege &rZe^{,c C/fu-t ^A/J agrees to indemnify and hold harmless the City of Shafter, its Employees, City Council members, Agents, Boards and Commissions from and against any and all claims, liability loss, costs, damages, fees of attorneys, and other expenses which the City may sustain or incur by reason of, or in consequence of, the use of City streets and land, including but not limited to, sums paid on liability judgments in relation to use of land and streets.
Furthermore, I certify that I am the applicant or authorized agent and that the information filed is true and comect to the best of my knowledge. I understand that additional Conditions of Approval may be imposed on my event by the Project Assistance Team or the City Council, and I agree to comply with any conditions that may be required.
Applicant's S Date: I Lv
CHIEF OF POLICE: B Approved tr Denied
Signature
PROJECT TEAM: tr Approved X
Approved with Conditions Listed Below tr Denied
Signature Date b LA
CITY COUNCIL: tr Approved D Denied
Signature:
CONDITIONS OF APPROVAL
As part of the approval process for a Special Event Permit application, conditions may be imposed that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined in the City Zoning Ordinance. These conditions may involve any factors affecting the operation of the temporary use or event. Conditions of Approval include the following items circled:
1. Provision of temporary parking facilities, including vehicular ingress and egress.
2. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dirt, odors, gases, and heat.
3. Regulation of temporary buildings, structures, and facilities, including placement, height and size, location or equipment and open spaces including buffer areas and other yards.
4. Provision of sanitary and medical facilities.
5. Provision of solid waste collection and disposal.
6. Police and fire concerns.
7 . Provision of security and safety measures.
8. Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than requested.
9. Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former conditions.
10. Submission of a site plan indicating any information required by the Zoning Ordinance. 1 1. A requirement that the approval of the requested special event permit is contingent upon compliance with the Zoning Ordinance and with other applicable provision of other ordinances, resolutions, or regulations.
12. Other conditions that will ensure the operation of the proposed special event in an orderly and efficient and purpose of the
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CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Randy Milligan, Lieutenant
SUBJECT: APPROVE LICENSE AGREEMENT WITH WESTEC FOR USE OF
THE SHAFTER POLICE DEPARTMENT WEAPONS SHOOTING
RANGE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve and authorize the Chief of Police to enter into a threeyear contractual agreement with WESTEC for the use of the City of Shafter Weapons Shooting Range.
BACKGROUND
Since 2009, the City of Shafter Police Department has contracted with multiple local agencies to use the department's weapons shooting range since 2009. These arrangements have resulted in generating some revenue for expansion and upgrading of the shooting range, the most recent being the second phase installation of the electronic moving target technology used at the pistol bay.
Additionally, the ability to have other entities has offered opportunities for Shafter officers to attend trainings that are local versus some distance away. Many times, some specialty trainings have resulted in student spots being dedicated to Shafter officers as well as having no cost to the agency.
All of the opportunities to use the range creates positive relationships with all the various entities that use it as well, from the District Attorney’s office, California Highway Patrol (CHP), Kern County Probation and so on. Overall, this is a significant rapport builder as well as a helpful way to generate funding for continued improvement of the range.
ANALYSIS
Westside Energy Safety Training Education Corporation (WESTEC), a non-profit educational corporation has retained a range contract with the City of Shafter for use of the City of Shafter Weapons Shooting Range (Pistol Range) since 2009.
A license agreement (attached) has been recommended by the City Attorney for standard use in contractual services for yearly and/or monthly payment for use. The
APPROVE LICENSE AGREEMENT WITH WESTEC FOR USE OF THE SHAFTER POLICE
DEPARTMENT WEAPONS SHOOTING RANGE
- 2 -
attached contract is a monthly pay contract at a rate of $10 per student, per day. The number of students per month is unknown at this time as enrollment varies from month to month.
FISCAL IMPACT
Approximately $3,600 per year or a total of $10,800 for the three-year term.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is to enter into a 3-year contractual agreement with WESTEC for the use of the existing City of Shafter Firearms Facility and therefore, it is a governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
The City Council can decide not to approve the contractual services for the continual use of the Shafter Range Facility by WESTEC. The loss of the contract will leave WESTEC without a local facility for firearms training and will impact the revenue generated by the Shafter Weapons Shooting Range. Therefore, City staff does not recommend the alternative.
NEXT STEPS
Once approved by Council, the License Agreement will be sent out for final signatures.
ATTACHMENTS
1. License Agreement with WESTEC for use of the Shafter Police Department Weapons Shooting Range
LICENSE AGREEMENT FOR THE
SHAFTER POLICE DEPARTMENT WEAPONS SHOOTING RANGE
This License Agreement (the “Agreement”) for the Shafter Police Department weapons shooting range (the “Range”) is made and entered into as of this 1st day of February, 2023, (“Effective Date”) by and between the City of Shafter, a California charter city, on behalf of the City of Shafter Police Department (“Department”), and WESTSIDE ENERGY SAFETY TRAINING EDUCATION CORPORATION (WESTEC), a NON-PROFIT EDUCATIONAL CORPORATION (“Licensee”). Department and Licensee are sometimes individually referred to herein as “Party” and collectively as “Parties.”
Recitals
A. The City of Shafter (“City”) is the owner of certain real property situated in the City of Shafter, California, more particularly located at 18825 South Shafter Avenue, Shafter, CA 93263 and incorporated herein by this reference (the “Property”), which is used and maintained by Department for the purpose of conducting a weapons shooting range.
B. Licensee desires, and Department agrees, for Licensee and its officials, officers, employees, contractors, subcontractors, agents, and volunteers (“Agents”) to access and use the Range in accordance with the terms and conditions of this Agreement and any and all safety conditions, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference, and as amended from time to time (“Safety Conditions”).
C. In consideration of the mutual promises of the Parties set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Department and Licensee hereby agree as follows:
Terms
1. License. Department hereby grants to Licensee a temporary, non-exclusive license (“License”) in, on, and across the Property for the purpose of accessing and using the Range for its intended purpose. Nothing herein shall be deemed or construed to be a limitation upon Department’s right to use the Property and the Range in any manner that does not unreasonably interfere with Licensee’s access and use of the Range. Nothing herein shall be deemed or construed to grant to Licensee any interest in the Property. If there is any conflict between proposed use of the Range by Licensee and use of the range by the City or the Department, then use of the Range by the City or the Department shall be given priority over use of the Range by the Licensee.
1.1 Access and Use of Property. Licensee shall adhere to all policies and procedures required pursuant to its access and use of the Property and the Range including, without limitation, posted speed limits, designated ingress and egress routes, and use of designated waste receptacles.
1.2 Scheduling. Licensee and Department agree that the Range shall be open and usable by Licensee only at such times as are mutually agreeable to both parties.
Licensee shall contact Department’s representative, as set forth in paragraph 12 of
this Agreement, at least 2 days (excluding weekends and holidays) prior to Licensee’s intended use of the Range to determine the availability of the Range.
The potential availability of the Range shall be limited to licensee’s agents (students and staff only) unless authorized by the Department. Access to and from the use of the Property shall at all times be subject to scheduling through the Department. Licensee may be granted exclusive use of the Range from time-totime if it is mutually agreed to by both Parties.
1.3 POST-Certified Range Master. Licensee shall provide, at its sole expense, a POST-certified range master at all times in which Licensee or its Agents are present at the Range. Department may waive the provisions set forth in this Section 1.3 in writing, in its sole and absolute discretion. The Range Master generally oversees the use of the Police Department weapons firing range and maintains and cares for the range equipment. The Range Master ensures overall range safety of all persons present and ensures instructor to student ratios are satisfactory to ensure safety at all times on the range. The Range Master is responsible to ensure that all persons present at the range are authorized or permitted to be at the location.
1.4 Improvements; Dangerous Conditions. Licensee shall notify Department, in writing, within five (5) working days if Licensee discovers any problems, material defects, or dangerous conditions anywhere located on or in the Range facility.
Any site improvements requested by Licensee shall be set forth in writing by Licensee and shall be subject to approval in writing by Department prior to the site improvement being made by Department.
1.5 Safety Conditions. Licensee shall adhere to the Safety Conditions attached hereto as Exhibit “A,” as amended from time to time, in the sole discretion of the Department. All weapons are to be safety inspected by the Area Weapons Range Officer.
1.6 Licensee’s Property. Empty cartridges resulting from Licensee’s use of the Range will be removed from the facility by the Licensee at the end of each day.
Licensee shall be solely responsible for providing all ammunition, targets, frames, props, timers, chronograph tables, scoreboards and all other items required to conduct Range training. Licensee shall notify Department, in writing, at least sixty (60) days prior to removing any target frames or target stands that were provided and paid for by Licensee and are mutually used by both Parties.
Licensee shall provide all communication equipment necessary to contact fire, ambulance, or other rescue services during Licensee’s use of the Range. Licensee shall additionally develop and have present an Emergency Operation Plan at all times during its use at and access to the Range and shall ensure that a cellular phone is available at the Range in the event of an emergency.
2. Payment. As consideration for the issuance of this License, Licensee shall pay to Department the amount of $10 per Agent of Licensee’s Agents who access and/or use the
Range for their use for each day or portion thereof they access and/or use the Range. The License Fee will be invoiced at the end of the month and shall be paid in full no later than the 15th day of the following month throughout the term of this License. Such payment shall be personally delivered or mailed U.S. mail to the Department at the address set forth in Section 12 of this Agreement. Licensee also agrees to provide (2) portable toilet facilities which the Licensee will be responsible for service and maintenance as needed.
3. Termination of License. The License shall terminate as follows:
3.1 The License shall terminate on January 31th, 2026. Upon the effective date of termination of the License pursuant to this Section, Licensee shall cease using the Property and may no longer access the Property without the written authorization or agreement of the Department.
The Department also reserves the right to terminate this License in its sole and absolute discretion, and without cause, at any time prior to the effective termination date by providing Licensee with thirty days’ (30) prior written notice.
4. Damage to Property. Licensee shall not damage the Property or commit waste thereon.
Licensee shall, at its sole cost and expense and to the satisfaction of the Department, keep the Premises clean and neat in appearance and maintained in the condition as of the Effective Date. Licensee shall collect and dispose of all trash, including empty cartridges, generated by Licensee or its Agents and will at all times operate its activities in an effort to prevent inconveniences of noise, parking problems, and other nuisances.
5. Indemnification. Licensee agrees to protect, indemnify and hold harmless the Department, the City of Shafter and the City’s and the Department’s elected officials, officers, employees, agents, volunteers, successors, and assigns (“Indemnified Parties”), from and against any and all claims, demands, liabilities, losses, costs, damages, or expenses, including any expense incident to the defense of or about the Indemnified Parties in any action for injury to persons or property, including without limitation wrongful death, occurring on the Property, or in any manner arising out of or connected with Licensee’s use and occupation of, or the condition of, the Property unless caused by the Department’s sole negligence, fraud, or misrepresentation. Licensee specifically agrees that this indemnification/defense and hold harmless clause is intended to extend to all acts of active or passive negligence, whether sole or concurrent, and that Licensee’s duty to indemnify, defend and/or hold harmless is intended to be as broad and inclusive as determined by the terms of this agreement, and as is permitted by the law of the State of California, and that, further, if any portion thereof is held invalid, it is agreed that the balance, shall continue in full legal force and effect. No use of the Range shall be conducted until the “Release and Hold Harmless Agreement for the City of Shafter” set forth as Exhibit B has been signed and submitted to the City by each Agent of the Licensee.
6. Insurance. Without in any way affecting the indemnity herein provided and in addition thereto, the Licensee shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:
6.1 Workers’ Compensation. A program of Workers’ Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $1,000,000 limits, covering all persons providing services on behalf of the Licensee and specifically covering Licensee’s employees’ activities at the Range.
6.1.1 If Licensee has no employees, it may certify or warrant to the City that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the City’s Risk Manager.
6.1.2 With respect to Licensees that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance. If the City’s Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted.
6.2 Comprehensive General Insurance. Licensee shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Licensee, its agents, representatives, employees or subcontractors.
6.2.1 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 0001); (2) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
6.2.2 Minimum Limits of Insurance. Licensee shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate, for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) 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 per accident for bodily injury or disease.
6.3 Additional Named Insured. All policies, except for Workers’ Compensation policies, shall contain additional endorsements naming the City and its officers, employees, agents, and volunteers as additional named insured’s with respect to liabilities arising out of the performance of services hereunder.
6.4 Waiver of Subrogation Rights. Licensee shall require the carriers of the above required coverage’s to waive all rights of subrogation against the City and its officers, employees, agents, volunteers, contractors, and subcontractors.
6.5 Policies Primary and Non-Contributory. All policies required above are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the City.
6.6 Proof of Coverage. Licensee shall immediately furnish certificates of insurance to the Department evidencing the insurance coverage, including endorsements, above required prior to the use of the Range, which certificates shall provide that such insurance shall not be canceled or the coverage suspended, voided, reduced, or allowed to expire without thirty (30) days’ written notice to the Department and Licensee shall maintain such insurance from the time Licensee accesses and uses the Property until the completion of this Agreement. Within sixty (60) days of the commencement of the Agreement, the Licensee shall furnish certified copies of the policies and all endorsements.
6.7 Insurance Review. The above insurance requirements are subject to periodic review by the City. The City’s Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the City. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the City such as inflation, or any other item reasonably related to the City’s risk with a 60 day notice.
6.8 Acceptable Insurance Provider. The Required Insurance shall be obtained from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any applicable federal law.
7. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the Parties hereto. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision.
8. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.
9. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. No assignment of this Agreement shall be made without the Department’s prior written consent, which shall be granted or denied at Department’s sole discretion.
10. Attorney’s Fees. Should either Party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney’s fees, expenses and costs of suit. The provisions of this Section shall survive the entry of judgment and may be enforced through a separate recovery action.
11. Time of Essence. Time is of the essence for each and every provision of this Agreement.
12. Notices. All notices permitted or required hereunder shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
Department: Shafter Police Department
201 Central Valley Highway
Shafter, CA 93263
Attn: Chief of Police
Licensee: WESTSIDE ENERGY SAFETY TRAINING EDUCATION CORPORATION (WESTEC)
5801 East Lerdo Highway
Shafter, CA 93263
Attn: Administration of Justice Program Coordinator
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the applicable address.
13. Authority to Enter Agreement. Licensee has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each representative party. [Signatures on following page]
SIGNATURE PAGE TO
AGREEMENT FOR USE OF WEAPONS SHOOTING RANGE
[WESTSIDE ENERGY SAFETY TRAINING EDUCATION CORPORATION
(WESTEC)]
By: ______________________________
“WESTEC” [C.J., Program Administrator]
Kevin Zimmermann, Chief of Police
Attest:
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
EXHIBIT “A”
RANGE RULES AND SAFETY CONDITIONS
The following rules are for the safety and protection of all personnel using the Shafter Police Department Firearms Training Facility.
Range Usage:
All Range usage shall be previously scheduled with the Shafter Police Department Range Master or his/her designee. Any on-duty Shafter Police Department watch commander has access to the Range calendar for scheduling purposes.
Any Shafter Police Department personnel, or personnel from any other department that has not been issued keys to the Range, shall check out the Range keys from the dispatch area at the Shafter Police Department. The Range keys shall be returned and checked in immediately after leaving the range.
All persons not affiliated as a City of Shafter employee must sign the RELEASE AND HOLD HARMLESS AGREEMENT prior to using the City of Shafter Range. All Releases are to be maintained by the Licensee and available for inspection and audit upon request.
When using the Range for firearm related activities, a minimum of two people are required to be present.
The Range shall be inspected prior to shooting. Any unsafe condition or other problem shall be reported to the on-duty watch commander at the Shafter Police Department.
After using the Range, all expended shell casings shall be removed from the Range and placed in the provided brass barrel(s). All used targets and any trash shall be picked up prior to leaving the Range.
General Safety Rules:
1. No weapons will be fired on the Range without the Range Master or an assigned Range Officer being present, unless authorized by the Chief of Police or his designee.
2. All weapons will be cased or holstered when brought to the Range. a. If no case or holster is available, the weapon will be carried from the vehicle to the Range House in an unloaded and action open condition.
b. Under no circumstances will a weapon be out of a holster or case and loaded, off the firing line, without the knowledge and consent of the Range Master or an assigned Range Officer.
3. During range usage, all pistols will be holstered, and all rifles and shotguns will be unloaded and carried action open, except on the firing line and under the direction of the Range Master an assigned Range Officer.
a. All loading and unloading of firearms will be done at the designated point for loading and unloading, or on the firing line under the direction of the Range Master or an assigned Range Officer.
b. Holstered pistols may be loaded but must remain holstered except on the firing line.
Magazines may be changed so long as the weapon remains holstered.
4. No loaded weapons will be brought into the Range House except pistols in holsters. a. For maintenance or repair purposes, all firearms will be unloaded outside the Range House, at the designated loading/unloading area, or on the firing line. The Range Master or an assigned Range Officer will inspect the firearm to confirm it is unloaded prior to entering the Range House.
b. Rifles and Shotguns will be carried unloaded with the action open prior to entering the Range House.
c. No loaded pistols will be un-holstered inside the Range House. d. No loaded rifles or shotguns will be brought into the Range House.
Safety Equipment:
1. Hearing protection will be worn whenever live fire is in progress on the firing line. This will include any person in the immediate vicinity of the firing line during firing.
2. Eye protection approved by the Range Master or an assigned Range Officer will be worn by any person who is on the firing line, or forward of the covered area immediately in front of the Range House.
3. Other protective equipment may be required at the discretion of the Range Master, and on those occasions will be required by any person on the firing line.
Safety Rules When Firing:
1. All weapons will be pointed down range at all times on the firing line.
2. After firing, all pistols will be holstered before leaving the firing line.
3. No person will move about the firing range with an un-holstered pistol or a loaded rifle or shotgun except as necessary during the actual firing of the training exercise.
4. Any action considered by the Range Master to be unsafe will be halted immediately on his/her command.
5. Any action observed by the Range Master and deemed to be an unsafe practice for handling or using a weapon will be cause to terminate the immediate training exercise until such time as the unsafe practice can be corrected.
6. Any person, on or off the firing line, should upon witnessing an unsafe act or condition, immediately stop all live fire and notify the Range Master or Range Officer.
Courses of Fire and Training Exercises:
1. Any course of fire will be reviewed by the Range Master for safety, both in content and for suitability for use on the Range.
2. Free practice will be conducted only under the direction of the Range Master or an assigned Range Officer.
For purposes of safety, all shooting activities conducted at the Shafter Police Department Firearms Training Facility will be under the direction of the Range Master or an assigned Range Officer. The Range Master or any person assigned as a Range Officer by the Range Master or the Chief of Police or his designee has the authority to suspend the activities of any individual, or group, who violate the above safety rules until reason for such suspension is reviewed by the Chief of Police or his designee.
EXHIBIT “B”
RELEASE AND HOLD HARMLESS AGREEMENT
I have voluntarily requested the City of Shafter (“City”) to allow me to enter and use the City’s premises, facilities, equipment, supplies and apparatus, particularly the City’s weapons shooting range, and related equipment, supplies and apparatus (“Activities”). I hereby acknowledge, understand and agree that the City is allowing the use of said City facilities and equipment for my benefit, but that the Activities are not being provided, sponsored, or endorsed by the City and are not conducted as part of any official City business, including but not limited to any Activities that are conducted after regular City business hours, or are conducted by non-City personnel. I also acknowledge, understand and agree that by entering the City’s premises and facilities, as well as using its equipment, supplies and apparatus, I may be exposed to risks of injury or death to my person or damage to property. I understand, acknowledge and agree that such damage may be caused, either directly or indirectly, in whole or in part, by the fact I will be participating in the Activities. I understand, acknowledge, and agree that I have been given a copy of, or have been given an opportunity to read and review, the “Range Rules and Safety Conditions” regarding the use of the City’s weapons shooting range and will follow all such rules and safety conditions at all times.
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE that I am 18 years of age or older, fully aware of the risks and hazards inherent in entering the City’s premises and facilities, as well as using its equipment, supplies and apparatus, and I agree to accept and assume full responsibility for any and all risks of damage, injury, or death while participating in the Activities, whether while using City equipment, supplies and apparatus or while in or on City facilities or premises, whether the risks are known or unknown to me. I agree not to permit any individual to use the City’s premises, facilities, equipment, supplies, or apparatus unless and until I know that they have been given a copy of and an opportunity to read the “Range Rules and Safety Conditions,” and have signed an agreement substantially similar to this “Release and Hold Harmless Agreement.”
I HEREBY ACKNOWLEDGE. UNDERSTAND AND AGREE that in consideration for the City allowing me to participate in the Activities, I, my personal representatives, heirs, next-ofkin and assigns (collectively the “Releasors”) shall be deemed to release, waive, discharge and covenant not to sue the City and its officials, officers, employees, volunteers and agents from and for any and all liability for any loss or damage to me or the other Releasors, and from and for any claim or demands therefor on account of injury to the person or property of me or the other Releasors, including without limitation death, whether caused by the negligence of me, the City, any licensees or other participants in the Activities, or anyone else while I participate in the Activities, whether or not using City equipment, supplies and apparatus or while in or on City facilities or premises, whether the risks are known or unknown to me.
I HEREBY AGREE to defend, indemnify, save and hold free and harmless the City and its officials, officers, employees, volunteers and agents from any and all liability from loss, damage, cost or injury, including without limitation wrongful death, to any property or persons, in any manner arising out of, pertaining to, or incident to any acts, omissions or willful misconduct of me while I participate in the Activities, whether while using City equipment, supplies and apparatus or while in or on City facilities or premises, including
without limitation the payment of attorneys’ fees and court costs. Further, I shall defend at my own expense, including payment of attorneys’ fees, the City and its officials, officers, employees, volunteers and agents in any action or proceeding, legal, administrative or otherwise, based upon such acts, omissions or willful misconduct.
I HEREBY REPRESENT, WARRANT AND AGREE that I have read and voluntarily sign this release, waiver and indemnity certification, and further warrant and represent that no oral representations, statements or inducements apart those matters set forth above have been made. I understand that I should retain an executed copy of this certification for my records.
I further acknowledge, represent and warrant that I have read and waive all rights and protections otherwise available to me under California Civil Code § 1542, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR.
In connection with my participation in the Activities, I hereby unconditionally authorize and consent to the City using videotape, audio, photographic, electronic and/or any other media image, quotations, likeness, or electronic or photographic reproduction in any manner, in whole or in part, for any and all educational, promotional, marketing, news, or outreach activities of the City.
I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS RELEASE AND HOLD HARMLESS AGREEMENT. I UNDERSTAND THAT I MAY SEEK
THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS RELEASE, WAIVER AND INDEMNITY CERTIFICATION BEFORE SIGNING. I
REPRESENT AND WARRANT THAT I UNDERSTAND THE TERMS AND CONDITIONS
SET FORTH ABOVE AND THAT I AM LEGALLY COMPETENT AND OTHERWISE ABLE TO SIGN THIS AGREEMENT.
______________________________ ___________________________________ Signature Name (Print)
______________________________
Date
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: APPROVAL OF DESTRUCTION OF RECORDS PURSUANT TO SECTION 34090 OF THE CALIFORNIA GOVERNMENT CODE
RECOMMENDATION
Council find the proposed activity is not subject to the California Environmental Quality Act; and adopt Resolution 2904, a Resolution of the City Council of the City of Shafter Approving and Directing Destruction of Certain City Records.
BACKGROUND
Records management is the practice of maintaining the records of an organization from the time they are created up to their eventual disposal. This may include classifying, storing, securing, and destruction (or in some cases, archival preservation) of records throughout the records lifecycle.
Each year, staff generates a list, which consists of records that have reached their maximum retention period pursuant to State guidelines. The List is provided to each Department Head for review and approval, the List is presented to the Council for final approval.
Attached for Council consideration is a Resolution approving and directing destruction of certain records, pursuant to Section 34090 of the Government Code.
ANALYSIS
None.
FISCAL IMPACT
Approximately, $200
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(b)(5) of the CEQA guidelines. The action is for administrative purposes only.
APPROVAL OF DESTRUCTION OF RECORDS PURSUANT TO SECTION 34090 OF THE
CALIFORNIA GOVERNMENT CODE
- 2 -
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
None.
NEXT STEPS
None.
ATTACHMENTS
1. Resolution 2904
RESOLUTION NO. 2904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
APPROVING AND DIRECTING DESTRUCTION OF CERTAIN CITY RECORDS Pursuant to Section 34090 of the Government Code of California, the City Council of the City of Shafter does hereby resolve as follows:
SECTION 1: The City Clerk of the City of Shafter having made written request therefore, and the City Attorney of the City of Shafter having given his written consent thereto, approval and direction are hereby given to the City Clerk for destruction of the records, papers, documents instruments and books of the City of Shafter, in charge of the City Clerk, as set forth and described in the list hereto attached, marked “Exhibit A” and made a part hereof by this reference.
PASSED AND ADOPTED this 7 day of February, 2023.
______________________________
Chad Givens, Mayor
ATTEST:
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney
Shafter City Council Resolution 2904
February 7, 2023
Exhibit A
Request for Destruction of Records
February 7, 2023
I. City Clerks Department
1. Audio Recordings more than 30 days old.
2. Forms that are blank that have been superseded.
3. Economic Interest Statements Form 700 (copies) filed by City Official and Candidates (Government Code 87200 and 2CCR 18701(b)) for Calendar Years prior to 2018.
4. Economic Interest Statements - Form 700 (originals) filed by City Employees designated in the City’s Conflict of Interest Code (GC 82019) for Calendar years prior to 2016.
5. Election Code of Fair Campaign Practices Forms filed prior to Calendar Year 2022.
6. Election Nomination Documents for Candidates not elected prior to Calendar Year 2021.
7. Election Nomination Documents for Elected Officials not subject to pending proceedings by the Secretary of State, Fair Political Practices Commission, or ongoing criminal investigation for term in office expired prior to Calendar Year 2018.
8. Ethics Training Records (AB 1234) prior to Calendar Year 2021.
9. Agreements/contracts and back-up materials that have been terminated or completed prior to Calendar Year 2018.
10. Bids that were determined unacceptable bid packages prior to Calendar Year 2021.
11. Bids that were determined acceptable bid packages including plans, specifications, notices, affidavits, prior to Calendar Year 2018.
12. Correspondence that is general in nature, including letters, and files, not related to specific cases and not otherwise specifically covered by a legal authority governing retention of records prior to Calendar Year 2020.
13. Grants which were unsuccessful and not awarded prior to Calendar Year 2020.
14. Insurance Certificates of Liability, performance bonds, employee bonds, property, filed separately from contracts that have been superseded.
15. Maintenance Manuals Equipment service/maintenance that have been Superseded.
16. Maintenance/Repair Records prior to Calendar Year 2020.
17. Marketing, Promotional brochures, announcements, etc., prior to Calendar Year 2020.
18. Registration Forms and Release/Waiver of Liability Forms for Programs prior to Calendar Year 2020.
19. Press Releases prior to Calendar Year 2020.
20. Proclamations issued prior to Calendar Year 2020.
21. Public Records Request from the public to inspect or copy public documents prior to Calendar Year 2020.
22. Purchasing Requests for Qualifications and Requests for Proposals regarding goods and services prior to Calendar Year 2020.
II. City Services Department
1. Permits issued prior to February 7, 2021 for Park Use, Sidewalk Display, Fireworks Booth, Encroachment, Photography/Film Permits, Public/Private Dance Events, and Special Events.
2. Municipal Facilities Rentals Use Permits, Contracts, Diagrams, Schedules, Insurance binders prior to Calendar Year 2021.
3. Daily Call for Service logs prior to February 7, 2021.
Shafter City Council Resolution 2904
February 7, 2023
4. Veterans Hall Reservation Forms, logs, calendars prior to February 7, 2021.
5. Water Wasting Citations issued prior to 2019.
6. Sports Youth Waiver, Release, Hold Harmless and Agreements issued prior to 2021.
7. Smog Reports prior to 2018.
III. Administrative Services Department
1. Applications, Permit, and Reports dated prior to February 7, 2021 for Business Licenses and Home Occupancy Business Licenses.
IV. Risk Management
1. Risk Management Accident Reports that have been closed prior to February 7, 2021, unless litigated.
2. Risk Management Activity Reports that have been closed prior to February 7, 2021.
3. Risk Management Incident Reports that have been closed prior to February 7, 2021, unless litigated.
4. Claims Audits prior to January 1, 2018.
5. Claim Files not involving Medicare Set Asides or for which provisions for Future Medical have been agreed upon related to Medicare that have been closed prior to January 1, 2018.
6. Claims involving Medicare Set Asides 10 years from date of final resolution.
7. Claims for which Provisions for Future Medical Have been Agreed Upon Related to Medicare 6 years from date of final resolution.
8. Claims involving Minors prior to January 1, 2016 or 3 years from age of 18, whichever is longer from closure.
9. Liability Claims Against the City that were paid or denied that are not subject to pending litigation prior to January 1, 2021.
10. Litigation Files where litigation concluded prior to January 1, 2016.
11. Loss Runs prior to January 1, 2015.
12. Workers’ Compensation Claim Logs prior to January 1, 2016.
V. Public Works Department
1. Public Works Graffiti Notices prior to February 7, 2021.
2. Public Works USA Notices prior to February 7, 2021.
3. Other Utility Underground Service Alert (USA) Notices prior to February 7, 2021.
VI. All Departments City Wide
1. Correspondence that is general in nature, including letters, and files, not related to specific cases and not otherwise specifically covered a legal authority governing retention of records prior to February 7, 2021.
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SHAFTER AUTHORIZING THE CONTINUED
NEED FOR A TELECONFERENCING OPTION FOR CITY
COUNCIL, COMMISSION AND COMMITTEE MEETING
PURSUANT TO ASSEMBLY BILL 361
RECOMMENDATION
Council find the proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(b)(5) of the CEQA guidelines; and adopt Resolution 2903, a Resolution of the City Council of the City of Shafter authorizing the continued need for a teleconferencing option for City Council, Commission and Committee meetings pursuant to Assembly Bill 361.
BACKGROUND
Assembly Bill (AB) 361 was signed by Governor Newsom in September 2021. It amends the Brown Act to allow local legislative bodies to continue having meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency”, and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
The key differences between existing Executive Order N-08-21, which expired September 30, 2021, and AB 361 is that AB 361 imposes particular requirements with respect to public comment; however, the City of Shafter’s practices with respect to live public comment via Zoom already satisfy all of the new requirements. Additionally, the City must make findings to adopt a resolution by majority vote that the state of emergency still exist and continued to directly impact the ability of the members to meet safely in person every 30 days.
ANALYSIS
None.
FISCAL IMPACT
None.
CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
AUTHORIZING THE CONTINUED NEED FOR A TELECONFERENCING OPTION FOR CITY COUNCIL, COMMISSION AND COMMITTEE MEETING PURSUANT TO ASSEMBLY BILL 361 - 2 -
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(b)(5) of the CEQA guidelines. The action is for administrative purposes only.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
None.
NEXT STEPS
None.
ATTACHMENTS
1. Resolution 2903
RESOLUTION NO. 2903
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
AUTHORIZING THE CONTINUED NEED FOR A
TELECONFERENCING OPTION FOR CITY COUNCIL, COMMISSION
AND COMMITTEE MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the City of Shafter is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Shafter legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings as a result of a proclaimed state of emergency; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic which currently remains in effect; and WHEREAS, on March 16, 2020, the City of Shafter declared a local State of Emergency as a result of the COVID-19 pandemic which currently remains in effect; and WHEREAS, COVID-19 continues to threaten the health and lives of Shafter residents and state and local health officials continue to recommend or require precautions be taken including, but not limited to, masking, limiting prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for those with compromised health conditions or those without vaccines, limiting attendance at functions indoors; and WHEREAS, state and local officials continue to recommend social distancing to protect the community’s health against the spread of COVID-19; and WHEREAS, the Omicron variant and other variants continue to emerge and are highly transmissible in indoor settings and COVID-19 cases in Kern County are still high; WHEREAS, hospitalizations continue to be high throughout Kern County;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA AS FOLLOWS:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council.
SECTION 2. The City continues to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention, California Department of Public Health, and/or County of Kern, as applicable. Based upon that guidance, in person attendance indoors at public meetings continues to present an imminent health risk for certain segments of the City’s population, necessitating teleconferencing when needed to allow for meaningful participation options for all City constituents and its elected and appointed officials.
Shafter City Council Resolution No. 2903
February 7, 2023
SECTION 3. State and local officials continue to recommend social distancing to protect the community’s health against the spread of COVID-19.
SECTION 4. Pursuant to the findings listed in this Resolution, the City Council and the City’s Legislative Bodies are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361.
SECTION 5. The City’s Legislative Bodies are hereby authorized to conduct meetings in a format whereby members of the Legislative Body and members of the public may elect to be present in person, utilizing appropriate safety procedures, or participate by teleconferencing technology.
Such meetings of the Legislative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies to do so, and will otherwise occur in a manner that protects the statutory and constitutional rights of members of the public attending the meeting via teleconferencing. The City’s Legislative Bodies have safety measures and technology in place to allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety because the number of attendees is reduced.
SECTION 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Shafter may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953 for another 30 day period.
Pursuant to Section 34090 of the Government Code of California, the City Council of the City of Shafter does hereby resolve as follows:
SECTION 1: The City Clerk of the City of Shafter having made written request therefore, and the City Attorney of the City of Shafter having given his written consent thereto, approval and direction are hereby given to the City Clerk for destruction of the records, papers, documents instruments and books of the City of Shafter, in charge of the City Clerk, as set forth and described in the list hereto attached, marked “Exhibit A” and made a part hereof by this reference.
PASSED AND ADOPTED this 7 day of February, 2023.
______________________________
Chad Givens, Mayor
ATTEST:
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Yazmina Pallares, City Clerk
SUBJECT: CITY COUNCIL APPROVAL OF PLANNING COMMISSIONER REAPPOINTMENT
RECOMMENDATION
Council re-appoint Bob Wiebe to fill the vacancy on the Shafter Planning Commission to finish the 4-year term, expiring December 31, 2024.
BACKGROUND
There is currently one vacancy on the Planning Commission due to the resignation of the four-year term held by former Planning Commissioner Gustavo Olvera (term expires December 31, 2024), who was elected to City Council. To maintain continuity on the current Planning Commission, former Planning Commissioner Bob Wiebe expressed interest in serving the remaining two years of Mr. Olvera's term. At the January 17, 2023 Regular City Council meeting, the Council had discussion to fill the open vacancy to Staff to prepare a staff report to re-appoint former Planning Commissioner Bob Wiebe to finish the vacancy of Mr. Olvera's term.
ANALYSIS
None.
FISCAL IMPACT
The Planning Commission Board Members receive a stipend of $50 a month. The fiscal impact for the year is $3,000.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the reappointment of a Planning Commissioner and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
CITY COUNCIL APPROVAL OF PLANNING COMMISSIONER RE-APPOINTMENT - 2 -
None.
NEXT STEPS
None.
ATTACHMENTS
None
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: COUNCIL AUTHORIZE THE FORMAL BIDDING OF VETERANS
PARK BASKETBALL COURT PROJECT
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; approve plans and specifications for the construction of the Veterans Park Basketball Court project subject to the final approval by the City Engineer; and authorize the release of said project for formal bid procedures.
BACKGROUND
The Core City service area currently only has one public basketball court located at Rodriguez Park, which was built over 25 years ago and is limited in size. Upon receiving an allocation of Federal American Rescue Plan Act (ARPA) funds in 2021, a new court at Veterans Park was among several projects prioritized for using the funds.
Staff recently prepared a draft set of biddable construction plans and contract documents to construct the new court. As designed, the court is near the southeast corner of the park, specifically between the existing Veterans Memorial and shade structures. It features two regulation-sized courts that are side-by-side, plus lighting for nighttime use. Staff estimates this basketball court project is valued at $390,000, which requires formal bid procedures that the Council must authorize.
ANALYSIS
None.
FISCAL IMPACT
Capital Improvement Program Project Account No. PK00006 currently has $250,000 in American Rescue Plan Act (ARPA) funds programmed for a basketball court at Veterans Park. While this budget is considerably smaller than the pre-bid estimate of $390,000, budget action to fully fund the project can be presented to the Council after bids have been received. No budget action is required at this time.
COUNCIL AUTHORIZE THE FORMAL BIDDING OF VETERANS PARK BASKETBALL COURT
PROJECT
- 2 -
CEQA ANALYSIS
Per California Environmental Quality Act (CEQA) Guidelines Section 15303, projects involving the new construction of limited small structures and new equipment are exempt from CEQA.
APPROVED BY THE CITY ATTORNEY
No
ALTERNATIVES
The Council can reject the recommended action and direct staff to downsize the project, specifically constructing one basketball court instead of two courts, if there is a concern about increasing the budget. However, this alternative is not recommended because the Council can still revisit a downsized project after receiving bids for the current scope. Eliminating the project altogether and committing the ARPA funds available to enhance the existing basketball court at Rodriguez Park is also an option, but it is also not recommended because the Council has consistently prioritized building a new basketball court to expand recreational opportunities within the Core City.
NEXT STEPS
Upon Council approval, staff will conduct formal bid procedures for the project. Subject to funding availability, the lowest responsive bid will be recommended for a construction contract award at a future Council meeting.
ATTACHMENTS
1. Draft Set of Construction Plans for Bid Purposes
CITY OF SHAFTER VETERANS PARK COVER SHEET BASKETBALL COURT SHEET
1 OF 6 FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263
PLANS FOR THE CONSTRUCTION OF THE
VETERANS PARK
BASKETBALL COURT
KEY MAP - NO SCALE
SITE OF
WORK
NTS
STATE HWY 43
LEGEND
LERDO HWY
TULARE AVE
LOS ANGELES AVE
CENTRAL AVE
GENERAL NOTES:
1. THESE PLANS ARE TO BE USED IN CONJUNCTION WITH THE CORRESPONDING CITY OF SHAFTER SPECIFICATIONS AT THE DATE OF BID.
2. IT IS THE INTENTION THAT THE PLANS, SPECIFICATIONS, AND BIDDING DOCUMENTS COINCIDE AND AGREE IN ALL PARTICULARS. IF ANY MATTER OR THING BE SHOWN IN ONE AND NOT IN THE OTHER IT SHALL BE OF THE SAME FORCE AND AFFECT AS IF INCORPORATED IN BOTH; AND ALL THINGS MUST BE DONE BY THE CONTRACTOR WHICH MAY BE SHOWN IN EITHER.
3. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR
JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; THAT THE CONTRACTOR
SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER, ENGINEER, AND THE CITY OF SHAFTER
HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE
PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING THE LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER/ENGINEER/CITY OF SHAFTER.
4. ALL EXISTING PUBLIC & PRIVATE IMPROVEMENTS AND UTILITIES, (STREET, PAVING, CURB,
GUTTER, SIDEWALK, CROSS GUTTER, FENCING, IRRIGATION STRUCTURES, CANALS, PRIVATE ROADS, PIPELINES, SWALES, ETC.) THAT ARE REMOVED, DAMAGED OR UNDERCUT SHALL BE REPAIRED OR REPLACED AS DIRECTED BY THE CITY ENGINEER. ALL EXISTING PAVING AND
SURFACING REMOVED, DAMAGED OR UNDERCUT SHALL BE REPLACED IN ACCORDANCE PER THE CITY ENGINEER. IRRIGATION STRUCTURES SHALL BE RETURNED TO A FULLY OPERATIONAL CONDITION BY THE END OF THE DAY FOR EACH DAY OF WORK.
5. PRIOR TO THE START OF ANY PROJECT OF CONSTRUCTION THE CITY OF SHAFTER SHALL BE GIVEN 24 HOURS NOTICE (PHONE: (661) 746-5002). 24 HOUR NOTICE REQUIRED FOR TESTING AND INSPECTION.
6. THE UTILITY LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND FOR INFORMATION PURPOSES ONLY. UNDERGROUND SERVICE ALERT (USA) SHALL BE NOTIFIED AT LEAST 2 WORKING DAYS BEFORE CONSTRUCTION IN ANY GIVEN AREA. TELEPHONE (800) 642-2444.
7. UNDERGROUND FACILITIES KNOWN TO EXIST ARE SHOWN ON THE PLANS BASED ON AVAILABLE RECORDS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION,
LOCATION, PROTECTION, AND REPAIR (IF DAMAGED DURING CONSTRUCTION) OF SAID FACILITIES. SHOULD UNDERGROUND FACILITIES BE ENCOUNTERED WHICH ARE NOT SHOWN
ON THE PLANS OR DEVIATE FROM THE LOCATION SHOWN, THE CONTRACTOR SHALL
PROMPTLY NOTIFY THE OWNER OF THAT FACILITY (IF APPROPRIATE) AND THE ENGINEER FOR POSSIBLE DESIGN CHANGES.
8. CITY STANDARDS: CITY SUBDIVISION ENGINEERING AND DESIGN STANDARDS ARE AVAILABLE ONLINE AT WWW.SHAFTER.COM OR FROM THE CITY ENGINEERING OFFICE.
BENCHMARKS: (BENCHMARK 2) CHISELED "X" AT TOP OF WALKWAY LOCATED AT THE SOUTHEST CORNER OF THE EXISTING FIELD HOUSE AT VETERANS PARK. ELEV = 336.16 (BENCHMARK 4) CHISELED "X" AT TOP OF SIDEWALK LOCATED ON THE WEST SIDE OF SCHNAIDT, ROUGHLY 30' NORTH OF THE SCHNAIDT AVE & OLSON AVE INTERSECTION. ELEV = 333.27 COORDINATE SYSTEM: COORDINATE SYSTEM IS NAD83, CALIFORNIA ZONE V. COORDINATES SHOWN ARE FOR SURVEYING AND ARCHIVING PURPOSES ONLY.
BIDDERS / CONTRACTORS ATTENTION IS DIRECTED TO THE GENERAL CONDITIONS, SPECIAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR THIS PROJECT.
LIST OF SHEETS
SHEET 01 COVER SHEET
SHEET 02 GRADING PLAN
SHEET L-1.0 LAYOUT PLAN
SHEET E-1.1 ELECTRICAL DETAILS
SHEET E-1.2 SINGLE LINE DAIGRAM & VOLTAGE DROP CALCS
SHEET E-2.1 ELECTRICAL SITE PLAN
V
:
M
WALKER ST SCHNAIDT AVE SHAFTER AVE
ASH AVE
CITY OF SHAFTER
VETERANS PARK
GRADING PLAN
BASKETBALL COURT SHEET 2OF
6 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263
0 SCALE: 1"=10'
1 10 20
FOR BID
EXP: 3/31/23
Date : 1/26/23
PRELIMINARY SECTION A-A SECTION B-B
AA
A
A
B
B
A
A
1 2
2 2
3 2
5 4
4 6
4 6
7 SYMBOL DESCRIPTION QTY DETAIL 4" THICK CONCRETE GAME COURTS SURFACE PAVING 13,848 SF 1/L-1.0 BASKETBALL COURT GOAL (4 TOTAL) - SEE NOTES THIS SHEET 8" WIDE COURT BOUNDARY LINES 2" WIDE COURT INTERIOR LINES EXISTING PARK STRUCTURE SINGLE HEAD LIGHT POLE PER ELECTRICAL PLANS (2 TOTAL) DOUBLE HEAD LIGHT POLE PER ELECTRICAL PLANS (1 TOTAL) 1 234567REFERENCE NOTES SCHEDULE These designs, drawings and specifications are the property and copyright of the landscape architect and shall not be used in connection with any other work except by agreement with the landscape architect.
There shall be no changes or deviation
without the consent of the landscape architect. Written dimensions shall be verified on the job site. Any discrepancy shall be brought to the notice of the
landscape architect prior to the
commencement of any work.
13319 POWAY RD, SUITE 150
P O W A Y , C A 9 2 0 6 4 T E L . 8 5 8 . 5 1 3 . 0 0 3 0 WYNN-SMITH LANDSCAPE ARCHITECTURE INC.
VETERANS PARK
BASKETBALL COURT
SHAFTER, CA 93263
LAYOUT PLAN L-1.0
0SCALE: 10 20 30 feet 1" = 10' GENERAL NOTES 1. ALL CONSTRUCTION SHALL CONFORM TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE CITY OF SHAFTER. 2. CONTRACTOR SHALL IMMEDIATELY NOTIFY THE LANDSCAPE ARCHITECT OF ANY DISCREPANCIES DURING THE LAYOUT OF THE PROPOSED HARDSCAPE SHOWN ON THE PLANS. CONTRACTOR SHALL VERIFY ACTUAL FIELD CONDITIONS PRIOR TO CONSTRUCTION. CONSTRUCTION NOTES 1. ALL CONCRETE SHALL MEET THE MATERIAL SPECIFICATION OF THE CITY STANDARD S-16 (MINOR CONCRETE CONTAINING AT LEAST 505 LBS./CY OF CEMENTIOUS MATERIALS) ON ALL FLAT WORK UNLESS NOTED OTHERWISE ON PLANS. CONCRETE WALKS TO BE MIN. OF 4" THICK. 2. ALL CONCRETE FOOTINGS SHALL BE 2800PSI MIX MINIMUM UNLESS NOTED OTHERWISE ON PLANS. 3. ALL REBAR SHALL HAVE MINIMUM 2" CLEARANCE. 4. WALKWAY CROSS SLOPE SHALL NOT EXCEED 1/8" PER FOOT. 5. ALL EXPANSION JOINTS SHALL BE 3/8" FELT WITH TEAR-OFF STRIP. FILL WITH SELF LEVELING SEALANT. 6. CONTRACTOR SHALL SHIELD FLATWORK WITH VISQUEEN TO PREVENT SPATTERING OF CONCRETE OR MORTAR. BASKETBALL COURT NOTES: 1. 4" THICK CONCRETE SLAB BASKETBALL COURT OVER 4" AG BASE. 2. CONCRETE FINISH TO BE FAN BROOMED FOR NON-SLIP. 3. INCLUDE 6X6X10/10 WELDED WIRE FABRIC. 4. COURT MARKINGS TO BE WHITE LINE PAINT (SPORTMASTER.NET PRODUCT NUMBER #C1600G) OR EQUAL 5. GOAL - L. A. STEELCRAFT 6. POST - MODEL #12C56, 5 9/16" O.D. WITH 6' EXTENSION, POST FOOTING TO BE PER MANUFACTURER'S RECOMMENDATION. 7. BACKBOARD - #12P, RECTANGULAR PERFORATED STEEL BACKBOARD WITH WHITE POWDER COATED FINISH AND ORANGE TARGET AND BORDER. 8. RIM - #TITAN-775C, DOUBLE RINGS AND NYLON NET. 9. COURT STRIPES TO BE 'COLOR PLUS SYSTEM' (SPORTMASTER.NET). SYSTEM CONSISTS OF A RESURFACER COATED ONTO THE CONCRETE TOPPING SLAB, AND THE COLOR COAT WITH SAND ADDED ON SITE IS TO BE INSTALLED OVER THE RESURFACER. 10. CONTRACTOR TO INSTALL PER PACIFIC PLAY SYSTEMS SPECIFICATIONS AND DIRECTIONS (760)599-7355. WHITE LINE PAINT INSTALLED AFTER COLOR COATS. CONCRETE PAVING 1 2
34 2
1 CONCRETE PAVING 3/8" EXP. JOINT @ 20' O.C. MAX. OR DEEP JOINTS @ 10' O.C. (UNLESS OTHERWISE SHOWN)23 SAW-CUT JOINTS WHERE SHOWN4 90% COMPACTED SUBGRADE SECTION PLAN LEGEND 1
E-1.1
ELECTRICAL
SYMBOLS, NOTES,
AND DETAILS
NOS ID
TT
D
AV
OCS. C
E17850
L
CA
CT
RI
LE
E
REE IN GNE
L
NA
ROFESSIO
P
DERET IS GER
IA NR
FO
OF CAL I
ETATS
Hardin-Davidson
356 Pollasky Ave., Suite 200
Clovis, CA 93612
559.323.4995 tel
www.hardin-davidson.com
Engineering
These designs, drawings and specifications
are the property and copyright of theelectrical engineer and shall not be used inconnection with any other work except byagreement with the electrical engineer.
There shall be no changes or deviationwithout the consent of the electrical engineer. Written dimensions shall be
verified on the job site. Any discrepancy
shall be brought to the notice of theelectrical engineer prior to thecommencement of any work.
BASKETBALL COURT
VETERANS PARK
ENGINEERING SERVICES DEPARTMENT
CITY OF SHAFTER
336 PACIFIC AVENUE
SHAFTER, CA 93263
(661) 746-5002
BBLCP
FROM: S-14, 18/20
120/208V / 1PH / 2W
EQUIPMENT ID (1/4" LETTER)CIRCUIT ID (1/8" LETTER)
VOLTAGE / PHASE / WIRES (1/8" LETTER)
1/8" HOLE. (MOUNT WITH 1/8" RIVET)
LABEL TYPE: ENGRAVED 2 LAYER PHENOLIC (OR EQUAL)LABEL SIZE: 3"W X 1-1/2"HLABEL COLOR: BLACK: 120/208/240V RED: 277/480V
YELLOW: OVER 480V
TEXT COLOR: WHITE (YELLOW TAGS SHALL BE BLACK TEXT)
LABEL COLORS SPECIFIED IN WRITTEN SPECIFICATIONS SHALL TAKE PRECEDENCE UON.EQUIPMENT ID: SHALL BE AS IDENTIFIED ON THE PLANS BY THE EQUIPMENT SPECIFIER.
CIRCUIT ID: SHALL BE THE CIRCUIT SOURCE SWITCHBOARD, PANEL, MCC, ETC.
VOLTAGE / PHASE / WIRES: VOLTAGE SHALL BE THE COMPLETE VOLTAGE PHASE SHALL BE EITHER 1PH OR 3PH
WIRES SHALL BE 2W, 3W OR 4W.
SINGLE LINE DIAGRAM &
VOLTAGE DROP
CALCULATIONS
E-1.2
NOS ID
TT
D
AV
OCS. C
E17850
L
CA
CT
RI
LE
E
REE IN GNE
L
NA
ROFESSIO
P
DERET IS GER
IA NR
FO
OF CAL I
ETATS
Hardin-Davidson
356 Pollasky Ave., Suite 200
Clovis, CA 93612
559.323.4995 tel
www.hardin-davidson.com
Engineering
These designs, drawings and specifications
are the property and copyright of theelectrical engineer and shall not be used inconnection with any other work except byagreement with the electrical engineer.
There shall be no changes or deviationwithout the consent of the electrical engineer. Written dimensions shall be
verified on the job site. Any discrepancy
shall be brought to the notice of theelectrical engineer prior to thecommencement of any work.
BASKETBALL COURT
VETERANS PARK
ENGINEERING SERVICES DEPARTMENT
CITY OF SHAFTER
336 PACIFIC AVENUE
SHAFTER, CA 93263
(661) 746-5002
A3B3A2
151816
A1
CH 1N120V
PB1
(N.O.)
C
A3B3A2
151816
A1
C
PB2
(N.O.)
L1
N1
G
L2L3
+24 1B3 2B3 1L2 1L3 2L2 2L3
24VAC24N
120VAC
N
COURT #1 COURT #2
COURT
#1
REQUEST
COURT
#2
REQUEST
S-14S-16S-18
L L
COURT
#1
LIGHTS
COURT
#2
LIGHTS
1. BASKETBALL COURT LIGHTING CONTROL PANEL 'BBLCP'. SEE LINE DIAGRAM KEY NOTE #12. SIZE PANEL AS REQUIRED, MIN. 36"HX24"WX8"D (HOFFMAN #CSD36248) WITH METAL BACK PANEL(HOFFMAN #CP3624), HINGED COVER WITH QUARTER TURN HANDLE (HOFFMAN #CWHNL). PROVIDE A LAMINATED COPY OF
THIS WIRING DIAGRAM, AS-BUILT, IN THE PANEL FOR FUTURE
REFERENCE. PROVIDE LABEL PER 3/E1.1. PROVIDE ADDITIONAL SPACE FOR FUTURE LIGHTING CONTACTORS ((2)30A/240V/4POLE). ALL WIRING SHALL BE RUN IN PANDUIT WIRING
DUCT (OR APPROVED EQUAL) OR MECHANICALLY FASTENED TO
THE BACK PANEL WITH SCREW FASTENERS. NO ADHESIVES
SHALL NOT BE USED TO SECURE WIRING.
2. ATRONOMICAL TIME SWITCH. TORK #EWZ201 OR APPROVED
EQUAL.
3. 40VA 120V-24VAC CONTROL POWER TRANSFORMER.
4. PROVIDE 22MM PUSH BUTTON SWITCH IN DOOR FOR TESTING.
IDEC #ABW110-G OR APPROVED EQUAL. OPTIONALLY INSTALLEDIN HOFFMAN #E2PB OR APPROVED EQUAL.
5. OFF DELAY TIMER, 0.3S-30HR, 24VAC. RS PRO #896-6829. WIRE FOR 24VAC OPERATION. PROGRAM FOR 1 HR TIME. VERIFY TIME WITH CITY REPRESENTATIVE. TIMER SHALL BE SET TO BEACCURATE TO ±5 MINUTES. PROVIDE 35MM DIN RAIL WITH ENDANCHORS.
6. 30A/240V/2P LIGHTING CONTACTOR WITH 120VAC COIL
(ELECTRICALLY HELD). SQ.D #8903LO20V02 OR EQUAL.
7. REMOTE MOUNTED MOMENTARY CONTACT PUSH BUTTON.
POLARA ENGINEERING #RBDSP-011-B-2H. WIRE PERMANUFACTURER'S INSTRUCTIONS.
8. PROVIDE DIN RAIL MOUNTED TERMINAL STRIPS FOR ALL WIRING EXTERNAL TO THE CONTROL PANEL AND FROM WIRINGBETWEEN THE DOOR AND THE ENCLOSURE.
9. PROVIDE #12 AWG MIN. GROUND JUMPER BETWEEN DOOR AND
ENCLOSURE.
10. SEE SITE PLAN, SHEET E2.1 FOR CONDUIT AND CONDUCTORS.11. PROVIDE ADEQUATE SPACE FOR FUTURE 30A/3P/250V/4P RATED LIGHTING CONTACTORS. SQ. D #8903L040V02 OR EQUAL.
12. PROVIDE ADEQUATE SPACE FOR TERMINAL STRIPS FOR FUTURE LIGHTING.
13. FUTURE PARK LIGHTING CONTROL SHOWN FOR COORDINATION PURPOSES.
THE CONTROL PANEL SHALL PROVIDE THE FOLLOWING FUNCTIONS:
1. ASTRONOMICAL TIME CLOCK SHALL PROVIDE POWER TO THE
TRANSFORMER (RELAYS AND REMOTE MOUNTED BUTTONS)AND CONTROL POWER FOR THE LIGHTING CONTACTORS DURING NIGHT TIMES. COORDINATE THESE TIMES WITH THE
CITY OF SHAFTER REPRESENTATIVE.
2. WHEN THE REMOTE PUSH BUTTON IS PRESSED THE TIMER
SHALL ENERGIZE THE LIGHTING CONTACTOR TO TURN ON THE
LIGHTS FOR ONE COURT FOR 1 HOUR, OR AS DESIGNATED BY
THE CITY OF SHAFTER REPRESENTATIVE. AT ANY TIME THE
BUTTON MAY BE PRESSED AGAIN TO RESET THE 1 HR TIME.
3. THE BUTTONS WILL NOT TOGGLE THE LIGHTS BACK OFF.
SW1
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SW2
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I F4 F5 S-5/7 (S1) (S2) (S1) ELECTRICAL SITE PLAN - NORTH E-2.1 N O R T H 0SCALE: 20 40 60 feet 1" = 20'
ELECTRICAL SITE PLAN -
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CAL I ETATS Hardin-Davidson 356 Pollasky Ave., Suite 200 Clovis, CA 93612 559.323.4995 tel www.hardin-davidson.com Engineering These designs, drawings and specifications are the property and copyright of the electrical engineer and shall not be used in connection with any other work except by agreement with the electrical engineer. There shall be no changes or deviation without the consent of the electrical engineer. Written dimensions shall be verified on the job site. Any discrepancy shall be brought to the notice of the electrical engineer prior to the commencement of any work. BASKETBALL COURT
VETERANS PARK
ENGINEERING SERVICES DEPARTMENT
CITY OF SHAFTER
336 PACIFIC AVENUE
SHAFTER, CA 93263
(661) 746-5002
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: February 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: APPROVAL OF CONTRACT AWARD TO BURTCH
CONSTRUCTION FOR THE 2023 SANTA FE WAY SHOULDER
IMPROVEMENT PROJECT
RECOMMENDATION
Council:
1. Find the requested action is exempt from the California Environmental Quality Act;
2. Accept the bids received for the 2023 Santa Fe Way Shoulder Improvement Project;
3. Authorize a budget appropriation of $100,000 of American Rescue Plan Act funds to Capital Improvement Program Project #ST00028;
4. Authorize the City Engineer to file a Notice of Award and Notice to Proceed for said project to Burtch Construction for a contract amount of $1,447,479; and
5. Authorize a project construction funding contingency of $122,521 (approximately 8%).
BACKGROUND
The Council previously authorized staff to release a project for formal bidding to construct paved shoulders on Sante Fe Way between Los Angeles Avenue and Galpin Street. As a result, the 2023 Santa Fe Shoulder Improvement Project was released for bidding purposes in November of 2022. A total of seven (7) bids were then received and publicly opened on January 13, 2023. The confirmed bid results are as follows:
COMPANY NAME BID AMOUNT
BURTCH CONSTRUCTION $1,447,479.00
GRIFFITH COMPANY $1,462,735.00
EMMETT VALLEY CONSTRUCTION INC. $1,613,422.00
BOWMAN ASPHALT $1,674,625.00
APPROVAL OF CONTRACT AWARD TO BURTCH CONSTRUCTION FOR THE 2023 SANTA FE
WAY SHOULDER IMPROVEMENT PROJECT
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NAGLE EARTHWORKS $1,679,726.35
MILLER EQUIPMENT COMPANY, INC. $1,865,765.00
GRANITE CONSTRUCTION $2,135,413.00
ANALYSIS
Burtch Construction submitted the lowest responsive bid of $1,447,479. They have completed several street and pavement improvement projects within the City, the most recent being the reconstruction of Beech Avenue between State Avenue and Tulare Avenue. Their bid is at the high end of the pre-bid construction estimate range of $1,300,000 to $1,500,000.
Based on the confirmed lowest submitted, a funding forecast for completing the project is $1,600,000, which includes $30,000 for materials testing by a vendor contracted separately with the City and $122,521 (approximately 8% of the bid amount) for construction contingencies if necessary. Federal funding for the Congestion Mitigation Air Quality Improvement Program (CMAQ) is programmed and budgeted to fund
88.53% of the project construction costs but is capped at $1,327,950. Therefore, the local match required to fund the forecasted project construction costs is $272,050.
Staff plans to design and construct the asphalt resurfacing project for the travel lanes as the next phase of improvements for this stretch of Santa Fe Way. Funding for this phase, estimated to be $2,000,000, is expected from another Federal source later this year.
FISCAL IMPACT
The Capital Improvement Program Project #ST00028 has $1,500,000 in funding this fiscal year, which includes the maximum CMAQ allocation of $1,327,950 and a local match of $172,050. Approval of a budget amendment using American Rescue Plan Act (ARPA) funds in the amount of $100,000 is recommended.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the award of contract for a project that has already been environmentally cleared and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
One alternative action for the Council to consider is rejecting the bids received and releasing a downsized project to reduce costs and avoid budget action. Another
APPROVAL OF CONTRACT AWARD TO BURTCH CONSTRUCTION FOR THE 2023 SANTA FE
WAY SHOULDER IMPROVEMENT PROJECT
- 3 -
alternative is to delay bidding until future Federal funds for the travel lane improvements are available and package one project that includes shoulder and travel lane improvements. While packaging and constructing one project would be a more efficient use of funds and other resources, the CMAQ funds programmed for shoulder improvements need to be expended in the coming months to avoid having them lost or committed to other municipalities. Further, a timeline for a funding agreement covering the travel lane improvements has not been provided to staff. Finally, reducing the scope of the shoulder project released for bidding would also reduce the project benefits, including safety upgrades and air pollution reduction. Therefore, alternative action is not recommended.
NEXT STEPS
Upon Council approval to proceed, the City Engineer will send a Notice of Award to Burtch Construction for the project, followed by a Notice to Proceed after a contract is finalized and all other pre-construction requirements have been addressed.
ATTACHMENTS
1. Project Vicinity Map
2. Project Bid Results
2023 SANTA FE SHOULDER IMPROVEMENT PROJECT
LOS ANGELES AVE TO GALPIN STREET
DESCRIPTION QTY UNITS
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A 1 CLEAR & GRUB 15.1 ACRES $ 3,200.00 $ 48,320.00 $ 1,300.00 $ 19,630.00 $ 500.00 $ 7,550.00 $ 1,400.00 $ 21,140.00 $ 1,371.80 $ 20,714.18 $ 1,100.00 $ 16,610.00 $ 2,500.00 $ 37,750.00 A 2 HOT MIX ASPHALT, 3/4 IN PG64-10 7,550 TONS $ 105.00 $ 792,750.00 $ 100.00 $ 755,000.00 $ 94.00 $ 709,700.00 $ 90.00 $ 679,500.00 $ 117.32 $ 885,766.00 $ 118.48 $ 894,524.00 $ 85.00 $ 641,750.00 A 3 CLASS II AGGREGATE BASE 6,600 CY $ 46.00 $ 303,600.00 $ 45.00 $ 297,000.00 $ 65.00 $ 429,000.00 $ 50.00 $ 330,000.00 $ 74.00 $ 488,400.00 $ 68.04 $ 449,064.00 $ 56.00 $ 369,600.00 A 4 SUBGRADE COMPACTION 39,590 SY $ 2.60 $ 102,934.00 $ 1.55 $ 61,364.50 $ 3.50 $ 138,565.00 $ 7.30 $ 289,007.00 $ 1.97 $ 77,992.30 $ 1.90 $ 75,221.00 $ 10.00 $ 395,900.00 A 5 SAWCUT 43,650 LF $ 1.30 $ 56,745.00 $ 1.50 $ 65,475.00 $ 0.10 $ 4,365.00 $ 1.00 $ 43,650.00 $ 0.43 $ 18,769.50 $ 0.20 $ 8,730.00 $ 0.10 $ 4,365.00 A 6 SHOULDER BACKING 43,450 LF $ 0.25 $ 10,862.50 $ 1.60 $ 69,520.00 $ 1.30 $ 56,485.00 $ 1.00 $ 43,450.00 $ 0.59 $ 25,635.50 $ 3.90 $ 169,455.00 $ 5.00 $ 217,250.00 A 7 FOG LINE 48,600 LF $ 0.35 $ 17,010.00 $ 0.28 $ 13,608.00 $ 0.30 $ 14,580.00 $ 0.30 $ 14,580.00 $ 0.68 $ 33,048.00 $ 0.30 $ 14,580.00 $ 0.30 $ 14,580.00 A 8 FOG SEAL 39,590 SY $ 0.08 $ 3,167.20 $ 0.20 $ 7,918.00 $ 0.30 $ 11,877.00 $ 0.20 $ 7,918.00 $ 0.07 $ 2,771.30 $ 0.30 $ 11,877.00 $ 0.20 $ 7,918.00 A 9 SWPPP 1 LS $ 2,300.00 $ 2,300.00 $ 2,500.00 $ 2,500.00 $ 5,800.00 $ 5,800.00 $ 7,500.00 $ 7,500.00 $ 4,304.59 $ 4,304.59 $ 9,400.00 $ 9,400.00 $ 5,000.00 $ 5,000.00 A 10 TRAFFIC CONTROL (FULL PROJECT) 1 LS $ 97,290.00 $ 97,290.00 $ 100,000.00 $ 100,000.00 $ 115,000.00 $ 115,000.00 $ 160,000.00 $ 160,000.00 $ 101,762.02 $ 101,762.02 $ 153,700.00 $ 153,700.00 $ 235,000.00 $ 235,000.00 A 11 MOBILIZATION (FULL PROJECT) 1 LS $ 12,000.30 $ 12,000.30 $ 70,219.50 $ 70,219.50 $ 120,000.00 $ 120,000.00 $ 77,380.00 $ 77,380.00 $ 20,062.96 $ 20,062.96 $ 62,104.00 $ 62,104.00 $ 205,800.00 $ 205,800.00 A 12 PERMIT FEE & INSPECTION ALLOWANCE 1 LS $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 TOTAL BID PRICE: $ 1,447,479.00 TOTAL BID PRICE: $ 1,462,735.00 TOTAL BID PRICE: $ 1,613,422.00 TOTAL BID PRICE: $ 1,674,625.00 TOTAL BID PRICE: $ 1,679,726.35 TOTAL BID PRICE: $ 1,865,765.00 TOTAL BID PRICE: $ 2,135,413.00 SUBS: SUBS: SUBS: SUBS: SUBS: SUBS: SUBS:
STRIPING SAFETY STRIPING SVC STRIPING SAFETY STRIPING SVC STRIPING SAFETY STRIPING SVC TRAFFIC CONTROL FORCE TRAFFIC CONTROL STRIPING CHRISP COMPANY PAVING GUZMAN GRADING & PAVING STRIPING SUPER SEAL & STRIPE
SAWCUTTING AUSTIN ENTERPRISES SURVEYING GUILDA SURVEYING GRINDING PAVEMENT RECYCLING SYSTEM SHOULDER GRADING ABSL CONSTRUCTION MILLING PAVEMENT RECYCLING SYSTEM
SURVEYING GUILDA SURVEYING STRIPING SAFETY STRIPING SVC TRAFFIC CONTROL FORCE TRAFFIC CONTROL TRAFFIC CONTROL FORCE TRAFFIC CONTROL
TRAFFIC CONTROL SAFETY NETWORK STRIPING SUPER SEAL & STRIPE
STREET IMPROVEMENTS
ITEM
BURTCH CONSTRUCTION GRIFFITH CONSTRUCTION EMMETT VALLEY CONSTRUCTION INC. BOWMAN ASPHALT NAGLE EARTHWORKS MILLER EQUIPMENT COMPANY INC GRANITE CONSTRUCTION