CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AWARD PISTOL RANGE ROOF REPAIRS TO SL PAYNE
CONSTRUCTION, INC AT A COST NOT TO EXCEED $30,000
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; accept bids received for roof repairs at the Shafter Pistol Range classroom building; approve one bid proposal submitted by SL Payne Construction, Inc. for said repairs in the amount of $22,110.81; authorize the Public Works Director to issue a construction contract to SL Payne Construction, Inc. for completing said repairs for a cost not to exceed $30,000.
BACKGROUND
Public Works conducted informal bidding for a project to reconstruct a portion of the roof at the City Pistol Range classroom building. The roof has deteriorated to the point where it leaks, leading to floods and interior damage that prevent the safe and reliable use of the building. To date, three bids have been received, which are summarized as follows:
Bidder Bid Amount
SL Payne Construction $22,110.81
Advanced Roofing $28,461.05
Old Ironsides Construction $31,500.00
ANALYSIS
SL Payne Construction, a Shafter-based company, submitted the lowest responsive bid of $22,110.81. A project budget of $30,000 would cover their bid plus required performance and payment bonds, and contingencies of at least 10%.
AWARD PISTOL RANGE ROOF REPAIRS TO SL PAYNE CONSTRUCTION, INC AT A COST NOT TO EXCEED $30,000
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FISCAL IMPACT
The Council previously authorized $100,000 of the City's allocation of American Rescue Plan Act (ARPA) for improvements at the Pistol Range classroom. To date, there is still sufficient funding to complete the necessary roof repairs within a budget of $30,000.
CEQA ANALYSIS
The project is to repair the roof at the City's pistol range and involves no expansion of existing use. Therefore, the project is exempt from CEQA per Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Staff can direct staff to pursue more bids that could lead to a price lower than the current lowest responsive bidder's. However, there is a sense of urgency to complete the repairs to the Pistol Range classroom roof because its deterioration has caused conditions that have impacted the safe and reliable use of the facility. Therefore, alternative action is not recommended.
NEXT STEPS
Upon Council authorization, Public Works will issue a construction contract to SL Payne Construction for completing the roof repairs.
ATTACHMENTS
1. Advanced Roofing
2. SL Payne Construction
3. Old Ironsides Construction
Terry Rosten (Owner)
3918 Columbus Street
Bakersfield, CA. 93306
[email protected]
Ken Green
Range roof
18849 Shafter Ave
Shafter California, 93263
E s t i m a t e
Invoice # 0054564
Invoice Date 10/11/2023
Due Date 10/11/2023
Item Description Unit Price Quantity Amount
Tear off- re-sheet whole roof- re-do all facia 28461.05 1.00 28,461.05 NOTES: Pull Permit.
Tear off old roof.
Tear off bad sheeting that needs to be replaced.
Tear off all Facia board.
And haul away all bad wood.
Replace bad sheeting with 1/2 in OSB.
Replace Facial board with 2 By 8 Facia board.
Put down 2 ply of 40# pound felt.
Put down new 2 By 2 in Edge metal.
Put in 4 O'hagen low rise Air vents.
Put down limited lifetime 30 GAF (Color optional for shingles vents and edge metal) Put down new ridge caps.
Call for final inspection.
Job to be paid within 30 Days of completion of all roofing work.
Job to be
Subtotal 28,461.05
Total 28,461.05
Amount Paid 0.00
Balance Due $28,461.05
CLIENT CITY OF SHAFTER
CONTACT
INFO 661-746-5097 / 661-333-5758
CA LIC # 712261 [email protected]
DIR # PW-LR-1001011436
BID PREPARED: 10/10/2023
TOTAL # OF DAYS FOR PROJECT: 6
RENTALS OVERHEAD % OVERHEAD AMOUNT TOTALS
DUMPSTER RENTAL FEES $2,000.00 27% $540.00 $2,540.00
RENTAL TOTAL $2,540.00
ROOF
DESCRIPTION OF WORK CREW SIZE
HOURS OF
WORK
PREVAILING
WAGE RATE OVERHEAD % OVERHEAD AMOUNT TOTALS
DEMOLITION 2 24 $57.00 27% $738.72 $3,474.72
INSTALL ROOF SHEETING 2 8 $57.00 27% $246.24 $1,158.24
INSTALL FACIA 2 8 $57.00 27% $246.24 $1,158.24
INSTALL ROOF 2 24 $57.00 27% $738.72 $3,474.72
TOTAL ROOF LABOR $9,265.92
ROOFING MATERIALS $5,500.00
ROOFING TOTAL $14,765.92
PAINTING
DESCRIPTION OF WORK CREW SIZE
HOURS OF
WORK
PREVAILING
WAGE RATE OVERHEAD % OVERHEAD AMOUNT TOTALS
EXTERIOR PAINTING - FACIA
ONLY 2 6 $58.72 27% $190.25 $894.89
PAINTING LABOR $894.89
PAINTING MATERIALS $100.00
PAINTING TOTAL $994.89
OTHER EXPENSES
DESCRIPTION AMOUNT OVERHEAD % OVERHEAD AMOUNT TOTALS
SUPERVISION $1,000.00 27% $270.00 $1,270.00
DIR FEES $2,000.00 27% $540.00 $2,540.00
KENNETH GREEN - FACILITIES MANAGER
SCOPE OF WORK: New Roof & Facia, Paint Facia PROJECT ADDRESS:
Shafter Avenue, past
Burbank
SP 10/10/2023 1 Shafter PD Range House
CLIENT CITY OF SHAFTER
CONTACT
INFO 661-746-5097 / 661-333-5758
CA LIC # 712261 [email protected]
DIR # PW-LR-1001011436
KENNETH GREEN - FACILITIES MANAGER
OTHER EXPENSES TOTAL $3,810.00
BID TOTAL $22,110.81
BID ACCEPTED BY DATE
SL PAYNE CONSTRUCTION, INC IS PROUD TO PRESENT THIS BID IN THE
AMOUNT OF FIFTY-FIVE THOUSAND SIX HUNDRED EIGHTY DOLLARS AND SEVENTY -FIVE CENTS.
THIS BID, PREPARED BY AARON STRAW AND STEPHANIE PAYNE ON OCTOBER 10, 2023, IS GOOD FOR THIRTY DAYS.
SP 10/10/2023 2 Shafter PD Range House
Shafter City Sherriff Range Remodel Proposal
October 30, 2023
KEN GREENE
336 PACIFIC AVE
SHAFTER, CA
932639
661.333.5758
KGREENE@
CSLB #: 1073740
Scope of Work
Re-roof of Sherriff’s Shooting Range
ROOF PROPOSAL.
1. Remove existing asphalt shingle roofing and underlayment.
2. Remove and replace all damage or deteriorating roof sheeting.
3. Remove and replace all damage and deteriorating fascia boards.
4. New roof sheeting shall be 1/2" plywood APA rated exposure 1 or OSB edge nailing 8's @ 6" o.c. field nailing 8's @ 12" O.C.
5. Remove and replace all damaged or deteriorating drip edge flashing. install per CBC 1507 ,2,8,3.
6. All new roofing and underlayment shall be installed in accordance with building code requirements and per manufacture instructions.
7. Underlayment shall be applied in two layers and install in accordance with 2022 CBc table 1507.1,1(2) for maximum basic design wind speed v < 140 mph.
8. Roofing shall be asphalt shingles complying with ASTM D3462 and tested in accordance with ASTM D7158. Asphalt shingle packaging shall bear a label indicating compliance with D7158 and classification D,G,OR H. Manufacturer: GAF Collection: Timberline HDZ
9. RIDGE Install GAF high-definition ridge caps.
10. ACCESSORIES Seal, secure & paint all roof flashing and roof jacks to match color of new roof.
11. WARRANTY This roof comes with a 5yr labor warranty. warranty is not transferable.
12. After 72 hours of signing contract if canceled a cancelation fee is 10% out of the total amount will apply.
PAYMENT TO BE MADE AS FOLLOWS: Will follow city pay requirements.
All material is guaranteed to be a specified. Any alterations or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above the estimate All agreements contingent to accidents or delays beyond our control. Owner to carry fire, storm, and other necessary insurance. Our workers are fully covered by Workman’s Compensation Insurance.
This proposal may be withdrawn if not accepted by us within 20 days.
This is bid using prevailing wage wages.
$ 31,500
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: INTRODUCE FOR FIRST READING BY TITLE ONLY AND WAIVE READING OF ORDINANCE NO. 750 APPROVING AND
ADOPTING EXECUTION OF A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 21-20 FOR TENTATIVE
TRACT NO. 6490
RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; conduct hearing; and introduce for first reading, by title only and waive reading of Ordinance No. 750, an ordinance of the City Council of the City of Shafter, California approving and adopting execution of a first amendment to Development Agreement No. 21-20 for Tentative Tract No. 6490.
BACKGROUND
The City of Shafter and Summit Capital Ventures, Inc. (Owner) entered into a development agreement (DA) dated April 5, 2022, and recorded April 13, 2022, as Entry No. 222057077 in the office of the Kern County Recorder (see Exhibit 1). The current DA guides the development of Tract No. 6490, including rules for subdivision and collection of impacts fees.
ANALYSIS
The Owner has requested an amendment to DA No. 21-20 to change the language in Section 7.10 (Minimum Dwelling Unit Size) of the DA as shown in the following strikethrough/underline format:
Minimum Dwelling Unit Size: Owner agrees that the minimum single family dwelling unit size permitted in the subdivision shall be no less than 1,600 1,441 square feet of living space, with an average dwelling unit size of all plans being offered of not less than 1,800 1,600 square feet of living space. The minimum square foot requirement excludes garages, patios and/or porches whether enclosed or not.
Therefore, the Owner is requesting that the minimum unit size language in the DA be revised from 1,600 to 1,441 square feet and the average unit size from 1,800 to 1,600
INTRODUCE FOR FIRST READING BY TITLE ONLY AND WAIVE READING OF ORDINANCE NO. 750 APPROVING AND ADOPTING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 21-20 FOR TENTATIVE TRACT NO. 6490
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square feet throughout the entirety of the tract.
Additionally, the owner requests revisions to the four house plans and elevations to be built within the tract (see Exhibit “B” of Exhibit 2). The revised house plan square footages are 1,441, 1,665, 1,844, and 2,120 square feet and each house plan would have four total elevations (Spanish, Farmhouse, Contemporary, and Modern). The previously approved house plans and elevations are found in Exhibit “E” of Exhibit 1.
The proposed amendment would not change any other conditions in the DA.
Staff believes that the amendment would be beneficial to the City by providing a more affordable housing product within the historic core of the City while at the same time not reduce the total number of units being built within the tract or sacrificing the quality of the units.
FISCAL IMPACT
There is no fiscal impact because of the proposed action.
CEQA ANALYSIS
Per Section 15601(b)(3) (Common Sense) of the California Environmental Quality Act (CEQA) Guidelines, the action is exempt from CEQA because the environmental analysis for the original DA already analyzed and mitigated, to the greatest extent possible, environmental impacts as required by CEQA. The revisions in this first amendment do not result in an intensification of the identified impacts beyond what was previously analyzed because the number of units within the tract remains the same and only the size and look of the units change. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
The City Council could deny the proposed action, the DA would not be amended, and the language in Section 7.10 of the DA as well as four house plans found in the DA would not change.
NEXT STEPS
After waiving the first reading, staff will introduce Ordinance No. 750 for a second reading on November 21, 2023, and, if approved and executed, the next step is to record the first amendment to Tentative Tract No. 6490 with the Kern County Recorder.
ATTACHMENTS
1. Exhibit 1 - Development Agreement No. 21-20
2. Exhibit 2 - Ordinance No. 750
INTRODUCE FOR FIRST READING BY TITLE ONLY AND WAIVE READING OF ORDINANCE NO. 750 APPROVING AND ADOPTING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 21-20 FOR TENTATIVE TRACT NO. 6490
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3. Exhibit A & B of Exhibit 2
Jon Llfoulsl. Assessor - Recorder
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CITY OF SHAFTER
WHEN RECORDED RETURN TO:
City of Shafter
336 Pacific Avenue
Shafter, Cl.93263
Attention: City Clerk
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TENTATIVE TRACT NO. 6490
DEVELOPMENT AGREEMENT NO. 21.20
between
CITY OF SHAFTER
a California municipal corporation
and
Summit Capital Ventures,Inc., a California corporation
Exhibit 1
ARTICLE 1. PARTIES AND EFFECTIVE DATE
This Development Agreement ("Agreement") is entered into between (i) THE CITY OF SHAFTER, a California municipal corporation ('City"¡ and (ii) Summit Capital Ventures, Inc., a Califomia corporation ("Owner"). This Agreement shall become effective on the Effective Date.
ARTICLE 2. RECITALS
2.1 City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seg. of the Government Code (the "Development Agreement Law"); and
2,2 City has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 (the "Development Agreement Procedures") for consideration of development agreements, pursuant to Section 65864, et seq. of the Government Code (the Development Agreement Law); and as further provided in Section
2.70 (Development Agreements), Chapter 2, Title 17 of the Shafter Municipal Code; and 2,3 Owner is the owner of the real property described in Exhibit "A", attached hereto and incorporated herein by this reference, which property is located within the City of Shafter, County of Kern, State of Califomia; and
2.4 Owner has requested that City enter into a development agreement, and proceedings have been taken in accordance with the rules and regulations of City; and 2,5 By entering into this Agreement, City binds the City and future City Councils of City by the obligations specified herein, and limits the future exercise of certain governmental and proprietary powers of City; and
2.6 The terms and conditions of this Agreement have undergone extensive review by City and the City Council and have been found to be fair, just and reasonable and consistent with the City's General Plan and any applicable specific plan; and
2.7 All of the requirements of the California Environmental Quality Act have been met with respect to the Project and City has reviewed, considered and, on November 2,2021, adopted the addendum to the Negative Declaration adopted for Tentative Tract No. 6490 for this project as adequate and complete; and
2.8 This Agreement and the Project are consistent with the Shafter General Plan; and
2.9 All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, flrndings, votes, and other procedural matters in accordance with the Development Agreement Law and Development Agreement Procedures; and 2
2.10 Development of the Property in accordance with this Agreement will provide substantial benefits to City and will further important policies and goals of City; and
2.ll This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under the Development Agreement Law are intended; and
2.12 Owner has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and
2.13 Owner has incurred and will in the future incur costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement; and
2.14 On March 8,2022 the Planning Cornmission of the City, following a duly noticed public hearing, recommended adoption of this Agreement to the City Council in accordance with the Development Agreement Law and Development Agreement Procedures; and
2.15 On March 15,2022, at a duly noticed public hearing, the City Council of the City introduced Ordinance No. 734 approving and adopting this Agreement and authorizing its execution by the City. The City further, at its April 5, 2Q22, meeling approved the second reading of said Ordinance.
ARTICLE 3. AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 4. . DEFINITIONS AND EXHIBITS
4.1 Definitions. The following terms when used in this Agreement shall be defrned as follows:
4.1.1 "Agreement" means this Development Agreement.
4.1.2 *City" means the City of Shafter, a California municipal corporation.
4.1.3 4.1.4
"Daystt means calendar days unless otherwise specifred. rl)edicate" is defined in Section 7.9.
3
4.1.5 "I)evelopmenttt means the improvement of the Property for the purposes of completing single family dwelling units, improvements and facilities comprising the Project including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of single family dwelling units, and the installation of required landscaping. "Development" includes, without limitation, the right to maintain, repair, or reconskuct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction takes place within the term of this Agreement on parcels subject to it.
4.1.6 o'I)evelopment Approvals" means all permits and other entitlements required for the development and/or use of the Property and which are subject to approval or issuance by City in connection with the Development of the Property including, but not limited to:
(a)
(b)
(c)
General Plan amendments;
Zoning and Zoning Amendments ;
Tentative and final subdivision or parcel maps, and Lot Line Adjustments;
(d) Conditional use permits, but only as to those conditions and requirements pertaining to the development of the Property; (e) Design review approvals;
(Ð Grading and building permits; and
(g) Califomia Environmental Quality Act Requirements
"Development Approvals" specifically do not include this Agreement.
4.1.7 "Development Exactions'mean, except as otherwise provided in this Agreement, all exactions, in lieu fees or payments (including but not limited to impact mitigation fees) or dedication or reservation of land requirements, obligations for on-site or off-site improvements or construction requirements of a type not normally regarded as subdivision improvements, mitigation measures in corurection with environmental review, or impositions made under other rules, regulations, or offrcial policies of the City or in order to make a Development Approval consistent with the City's General Plan, including without limitation, any requirements of City in connection with or pursuant to any Land Use Regulation or Development Approval for the development of land, the construction of improvements for public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.
Development Exactions shall not include filing fees or other Processing Fees.
4.1.8 'úDevelopment Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to the Development of the Property. 4
4.1.9 "Effective Date" means the 30th day after the second reading of the City Council ordinance which adopts and approves this Agreement, unless timely referendum proceedings to set aside the ordinance adopting this Agreement are commenced, in which case the occrulence of the Effective Date shall be postponed until the final disposition of the referendum, including the disposition of any judicial proceedings commenced with respect thereto.
4.1.10 rExisting Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the approvals incorporated herein as Exhibit "C" of this agreement and all other approvals which are a matter of public record on the Effective Date.
4.1.11 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include, without limitation, all regulations of the City which are a matter of public record on the Effective Date, as they may be modified by the Existing Development Approvals.
4.1.12 "Land Use Regulationstt means all ordinances, resolutions, codes, rules, regulations and official policies of City legally adopted in accordance with all applicable laws goveming the development and use of land, includingo without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and all Development Exactions, the phasing or timing of development, and the design, improvement and construction and initial occupancy standa¡ds and specifications applicable to the Development of the Property as they may be modified by the Development Approvals. "Land Use Regulations" includes those land use regulations in the General Plan but does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) The conduct ofbusinesses, professions, and occupations; (b) Other than as provided in this Agreement, ta)<es and assessments of general application, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g. excise tax) or to directly finance the construction or maintenance of any public irnprovement in respect of which Owner is paying any fee or providing any improvement pursuant to ARTICLE 7 hereof;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain.
4.1.13 "Negative Declaration" means that certain addendum to the Negative Declaration adopted for Tentative TractNo. 6490 by the City Council ofthe City of Shafter on May 3,2005, under Resolution No. 05-1727. 5
4,1.14 "Mortgageett means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.
4.1.15 "Owner" means Summit Capital Ventures, Inc., a California corporation, and permitted successors in interest to all or any part of the Property,
4.1.16 "Processing Feestt means the normal and customary application, filing, plan check, and permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attribut¿ble to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, reviewo inspection or entitlements are granted or conducted by City.
4.1.17 "Project" means the future development of the entirety of the public and private improvements on the Property in a manner consistent with the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.
4.1.1S 'oProperQr" means the real property described on Exhibit "A" and shown on Map on Exhibit "B" to this Agreement.
4.1.19 "Public Improvements" means those Public Improvements described in Sections 7.3 through 7.1l, inclusive.
4.1.20 "Public Improvement Obligations" means the obligation to Dedicate those certain public improvements specifically described in ARTICLE 7 of this Agreement (together with all applicable exhibits) and the real property interests associated therewith.
4.1,21 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City including, without limitation, those rights and authorities described in Section 6.5 of this Agreement.
4.1.22 "subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements which require the provision of bonds or other securities.
Subsequent Development Approvals include, without limiøtion, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this Agreement.
6
4.1.23 t'Subsequent Land Use Regulations" means any Land Use Regulations or any amendments to Existing Land Use Regulations legally adopted and effective after the Elfective Date of this agreement.
Other initially capitalized terms appearing in this Agreement shall have the meaning given to them at the point at which they first appear.
4.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit "A" Legal Description of the Property
Exhibit "B" Map of Property
Exhibit "C" - List of Existing Development Approvals
Exhibit "D" Conditions of Approval for Tentative Tract No .6490 Exhibit "E' - Elevations
ARTICLE 5. GENERAL PROVISIONS.
5.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Subject to the Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this Agreement.
5.2 Fee Interest in Property. Owner represents, covenants and warrants that as of the Effective Date it is the sole holder of fee simple absolute title to the Property.
5.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement,
5.4 Assignment, Sale and Transfer of Interest in the Property and this Agreement.
5.4.1 Right to Assign.
(a) Owner shall have the right to assign Owner's rights and obligations under this Agreement, but only in connection with the concurrent sale, assignment, ground lease, encumbrance, or other transfer (collectively, a "Transfero') of all or any portion of the Property. Upon (l) any Transfer of all or any portion of the Property, (2) the express assumption of Owner's obligations (with respect to the portion of the Property being transferred) under this Agreement by such transferee and (3) City's prior written consent, which consent shall not be unreasonably withheld, Owner shall be relieved of and from further liability or responsibility for compliance with the obligations arising under this 7
Agreement (with respect to the portion of the Property being transfened), and City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee;provided however, that the City shall look solely to Owner for compliance with the provisions of this Agreement as such provisions relate to the portion of the property not so transferred. In order to permit City to make an informed decision to approve or disapprove a proposed assignment of Owner's rights and obligations under this Agreement, or any partial assignment thereof, City may reasonably require the proposed transferee (other than an Owner Affiliate, defined hereinafter) to submit financial statements and evidence of its fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations being assumed. Notwithstanding anything to the contrary in this Section 5.4.1, no consent shall be required for any assignment to an "Owner Affrliate"; provided, however, that all conditions and provisions of subsection (b) of this Section 5.4.1 have been satisfied except as otherwise expressly provided in Section 5.4.1(b). The term "Owner Affiliate" shall mean any of the following:
(1) any member of Owner or any shareholder or shareholders of any membe¡ who own(s) and control(s), directly or indirectly, fifty percent (50%) or more of the conünon stock of such member ('oOwner Member").
(2) any general or limited partnership in which Owner or an owner partner, individually or collectively, is/are the managing general partner of such partnership.
(3) any limited liability company in which Owner or an owner membero individually or collectively, is/are the managing member of such limited liability comp¿ury, or control, directly or indirectly, frfty-one percent (51%) or more of the ownership interest in such limited liability company.
(b) City's consent to an assignment by Owner under this Section 5.4.1 shall not be unreasonably withheld provided (i) Owner notifies City at least forty-five (45) business days prior to the date of such assignment, (ii) the transferee (including any Owner Affiliate) expressly assumes Owner's obligations (with respect to the portion of the Property being transferred) under this Agreement, and (iii) prior to the date of such assignment the transferee (including any Owner Affiliate) posts cash, surety bonds, letters of credit or other collateral reasonably acceptable to City and equivalent to any security previously provided by Owner to City to secure the transferee's performance of its obligations with respect to the portion of the Project being acquired by such transferee and of all required Public Improvements (with respect to the portion of the Property being transfened). Notwithstanding clause (iii) in the preceding sentence, where adequate surety bonds, letters of credit or other collateral has already been provided by Owner and the Owner and such transferee choose to not substitute surety bonds, letters of credit or other collateral in accordance with clause (iii), the City's consent shall not be withheld provided the following conditions are met: (l) Owner shall notreduce any ofthe suretybonds,letters of credit or other collateral previously provided; and (2) Owner shall cause to be named in any instrument establishing rights of the City under any such surety bonds, letters of credit or other collateral the transferee as the obligee thereunder, In such event, and I
notwithstanding Section 5.4.1(c) below, the surety bonds, letters of credit or other collateral previously provided by Owner shall not be reduced. Any notification under (i) above shall be forwarded, in writing, to the City Manager with a copy to the City Attorney. It is understood and agreed that, until all of the conditions set forth in clauses (i), (ii) and (iii) immediately hereinabove have been performed, Owner shall not be relieved of and from liability or responsibility for compliance with the obligations arising under this Agreement with respect to the portion of the Project being transferred. In order to permit City to determine the amount and type of collateral that will be reasonably acceptable, City may, as part of its rights under this Section 5.4.1 above, reasonably require the proposed transferee (excepting an Owner Affrliate) to submit financial statements and evidence of its fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations being assumed.
(c) V/ith respect to any permitted assignment pursuant to the provisions of this Section 5,4.1, City shall release Owner from its obligations under this Agreement and any other agreements or undertakings pertaining to the transferred portion of the Project, and release to Owner any bonds or other security posted to secure obligations under such agreements or undertakings, provided the transferee expressly assumes the obligations under such agreements and substitutes bonds or other security acceptable to City in place of the security to be released.
(d) Nothing contained in this Section 5.4.1 shall prevent a Transfer of the Property, or any portion thereof, to a lender as a result of a foreclosure or deed in lieu of foreclosure, and any successor in interest (including the lender) acquiring the Property, or any pofion thereofl as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, in no event shall such successor in interest (including the lender) be liable for any defaults or monetary obligations of Owner arising under this Agreement prior to acquisition of title to the Property by such successor in interest, and provided further, in no event shall any such successor in interest be entitled to a building permit or occupancy certificate until all fees due under this Agreement relating to the portion of the Property acquired by such successor in interest have been paid to City and until any other default relating to the portion ofthe Property acquired by such successor in interest has been cured. (e) Any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee, and a default by such transferee shall only affect that portion ofthe Property owned by such transferee.
5.4.2 Subsequent Assignment. Any subsequent assignment after an initial assignment shall be made only in accordance with and subject to the terrns and conditions of Section 5.4.1.
5.4.3 Construction of Roadway Improvements Upon Sale. In the event that Owner sells a portion of the Property, Owner and the new owner of the portion sold by Owner shall be jointly responsible for constructing a road to provide access to the public road system for the parcel sold by Owner. In its sole discretion, City may require that any 9
road constructed to provide access pursuant to this Section 5.4.3 be offered for dedication to the City and constructed to City standards.
5.4.4 Termination of Agreement with Respect to Individual Lots and Units.
5.4.4.1 Release of Subdivided Lots. Any other provisions of this Agreement notwithstanding, this Agreement shall terminate with respect to any lot, or, as to common areas in common interest subdivision, upon the sale of the first unit, and such lot or unit shall be released and no longer subject to this Agreement without need for the execution or recordation of any firrther document, upon satisfaction of both of the following conditions.
(Ð The lot or unit has been finally subdivided and
individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and
(ii) A certificate of occupancy has been issued for a
building on the lot. No such release approved pursuant to the Subsection 5,4.5.1 shall cause or otherwise affect a release of Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by Owner.
(iii) The fees set forth in Section 7.Zhave been paid in full to the City for the lot.
5.4,4.2 Partial Release of Purchaser, Transferee or Assignee of a Lot. [f a purchaser, transferee or assignee of a lot (i) which have been finally subdivided as provided for in the Development Plan and for which a site design review for development of the lot has been finally approved pursuant to the Development Plan or, (ii) if such site design review has not been approved, but the lot is a subdivided lot and the conditions of approval of the subdivision map requires security to the reasonable satisfaction of City for the perforrnance of the improvement obligations applicable to the lot, then City shall release said lot from the obligations under this Agreement relating to all other portions of the Property. No such release approved pursuant to this Section 5.4.5.2 shall cause or otherwise affect a release of Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by Owner.
5.5 Amendment or Cancellation of Agreement. This Agreement may be amended, modified or canceled in whole or in part only by the following means:
(i) As provided in Aticle II;
(ii) Pursuant to Govemment Code Section 65869.5, as necessary to comply with state or federal laws or regulations enacted after the Effective Date; provided, however, that this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such Iaws or regulations and to the extent such laws or regulations do not render the remaining provisions of this Agreement impractical to enforce; or l0
(iiÐ By mutual written consent of both the City and the Owner pursuant to Govemment Code Section 65868, following all required public notices and hearings and City Council approval; provided, however, that within the limits of the authority granted to him or her, the City's Planning Director may make the following minor modifications to this Agreement without the need for formal action by the City's Planning Commission or City Council;
(a) Minor modifications of schematic plans approved by the City; and
(b) Minor modifications that do not alter the terms of this Agreement, the permitted uses, density or intensity of uses, maximum height or size of buildings, provisions for reservations or dedication of land, conditions, terms, restrictions and requirements relating to Subsequent Development Approvals, and monetary contributions by the Owner.
5.6 Automatic Termination. This Agreement shall automatically terminate and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 5.3
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure pursuant to Section 65867.5 oveniding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by City or applicable public agency of all required Dedications and improvements.
G) Upon the default of Owner or City to the extent provided in ARTICLE 9 and ARTICLE 10, respectively.
(Ð The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereoi which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (lS0) days from the later of entry of final judgment or decision on appeal.
Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property unless such land use entitlements are conditioned upon the continued existence of this Agreement or upon the construction of improvements or the payment of fees described in this Agreement and Owner fails to construct such improvements or pay such fees as required in the conditions to the land use entitlements or this Agreement. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have l1
been performed prior to such termination, or with respect to any default in the perfonnance of the provisions of this Agreement which has occurred prior to such termination, or with respect to any obligations which are specifically set forth as surviving this Agreement.
Upon such termination, all fees paid pursuant to ARTICLE 7 of this Agreement by Owner to City for buildings on which construction has not yet begun shall either, at City's option, be refunded to Owner by City; or applied as a credit to future development fees due from Owner, providedo however that Owner may designate another party to receive such refund or credit. Notwithstanding anything to the contrary in this Section 5.6, Owner shall receive the applicable fee credits set forth in ARTICLE 7 for those portions of any Public Improvements Dedicated to the City prior to such termination. Those fee credits shall survive such termination and may be used by Owner, to the extent not previously used by Oumer, to offset the City's collection of such fees in connection with the Project.
5.7 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either:
(i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the retum receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with retum receipt requested, and postage and postal charges prepaid, and addressed to the recipient narned below; or (iii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient narned below; or (iv) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below; or (v) on the date of delivery by facsimile transmission to the recipient named below. All notices shall be addressed as follows:
If to City:
City Manager
City of Shafter
336 Pacific Avenue
Shafter, Califomia 93263
FaxNo. (661)746-0607
with a copy to:
Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, California 917 6l
Attn: Shafter City Attomey
Fax No. (909) 944-1441
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If to Owner:
Summit Capital Ventures, Inc
8725 Swigert Court
Bakersflreld, CA 9331 I
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a pffiy, or to a different address, or both. Notices given before actual receipt ofnotice ofchange shall not be invalidated by the change.
5.8 Validity of This Agreement. The Owner and the City each agree that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this Agreement.
ARTICLE 6 DEVELOPMENT OF THE PROPERTY.
6.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, Owner shall have a vested right to develop the Property in accordance and to the extent of, the Development Plan and subject to the Existing Land Use Regulations. The property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan.
Except as otherwise provided in this Agreement, and subject to the Reservations of ' Authority, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and Dedication of land for public purposes and other Development Exactions, the phasing and timing of development, the design, improvement and construction standards and specifications applicable to development of the Property, and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan.
6.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maxirnum height and size of proposed buildings, provisions for reservation and Dedication of land for public purposes, and other Development Exactions, the phasing and timing of development, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations.
Except as otherwise provided in this Agreement, City shall only charge those fees, assessments and amounts which are in effect as ofthe Effective Date (other than Processing Fees) and no additional Developrnent Exactions through the exercise of either the police power or the taxing power or the Subdivision Map Act shall be imposed by City on the development of the Property; provided, however, that in approving tentative subdivision maps, City may impose ordinary and necessary Dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a direct nexus with the particular subdivision; provided, further, that City may impose and will require normal and 13
customary suMivision improvernent agreements and cornmensurate security to secure performance of the Owner's obligations thereunder.
City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters unless otherwise required by this Agreement to be expedited or given priority.
Owner acknowledges and agrees that the failure or inability of public utility providers other than the City including, without limitation, such providers as electricity, gas, telephone, and cable to provide the appropriate amount and type of utility service to the Property shall be sufficient cause for City to withhold issuance of approvals hereunder necessary for the development and/or ocsupancy of those buildings to which such utility service is not then available until such service is available. A will serve letter issued by a utility provider shall be conclusive evidence that the utility service is available to that portion of the Property covered by that letter. City agrees that it shall not take any action with the express intent of preventing any such provider from fumishing appropriale utility service to the Property.
6.3 Timing of Development. The parties acknowledge that Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the Califomia Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing provisions set forth in this Agreement or the Development Plan. 6,4 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event Owner finds that a change in the Existing Development Approvals is necessary or appropriate, Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or l4
(b) Increase the density or intensity of use of the Property as a whole; or
(c) Increase the maximum height and size of permitted buildings; or (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code, as it exists from time to time.
6.5 Resenations of Authority.
6.5.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property:
(a) Processing Fees imposed by City to cover the estimated or actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements axe granted or conducted by City.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reportso recommendations, appeals and any other matter of procedure.
(c) Regulations, policies (written or unwritten) and rules goveming engineering and construction standards and specifications applicable to private or public improvements including, without limitation, any and all uniform codes adopted by the City, including local amendments to those codes adopted pursuant to state law allowing for such amendments; provided that such codes are uniformly applied to all new development projects of the same uses within the City. Such codes include without limitation, the City's Uniform Housing Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Building Security Code. City agrees that such regulations, policies and rules shall be those applied on a City-wide basis to all development projects of a simila¡ type as the Project.
(d) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the residents of the Project or of the immediate community, or both, from a condition perilous to their health or safety, or both; provided, however, the following shall apply:
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(i) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this Agreement; and
(ii) That such regulations apply uniformly to all new development projects of the same uses within the City; and
(iii) That the City Council finds, based on substantial evidence, that such regulations are necessary to eliminate or reduce a public danger perilous to the health or safety of the residents of the Project or of the immediate community. (e) Subsequent regulations which do not conflict with the Development Plan. For the purposes of this Agreement, the term "does not conflict" and its variants means new rules, regulations, and policies which: (i) do not modifu the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this Agreement, and standards for design, development and construction of the Project, except with respect to uniform codes as permitted elsewhere in this Agreement; (ii) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circurnstances as the Owner would otherwise be entitled by the Development Plan; or (iii) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. Any Regulation whether adopted by initiative or otherwise, limiting the rate, timing, type or density of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property, unless otherwise provided for in this Agreement or by statute. (0 Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to the Development of the Property.
6.5,2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approvals on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan or as otherwise permitted by this Agreement.
6.5.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to l6
comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
6.5.4 Intent. The parties intend that, unless otherwise expressly herein provided, or as otherwise provided by law, this Agreement embodies the full terms and conditions relative to the proposed Development of the Project. Notwithstanding the foregoing, however, Owner and City each agree that neither party has made any representations to the other concerning the enforceability or validity of this Agreement or any one or more of its provisions and that each party has exercised due diligence in ascertaining for itself the validity and enforceability of this Agreement and its provisions.
6.6 Public Works. Owne¡ is required by this Agreement to construct public work facilities and improvements which will be Dedicated to City or other public agencies upon completion. Unless required by applicable law to do so, Owner shall not be required to perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction including, without limitation, the payment of prevailing wages pursuant to Labor Code Section 1770 et sgq. Should it be determined in the future by either the Legislature or a court of competent jurisdiction that Owner was required to comply with the same requirements as would be applicable to City should it have undertaken such construction, Owner shall defend, indemnify and hold harmless City and its elected offtcials, ofhcers, employees, agents and contractors from any and all liability, costs, claims, damages, fines, penalties and expense, including costs of litigation and attorneys' fees, arising out of or in any way connected with Owner's construction of the public work described in this Agreement.
6.7 Provision of Off-Site Real Property for Public Improvements. The City and Owner acknowledge that certain Public Improvements may be located on property which is neither owned nor controlled by the Owner. For purposes of this Section 6.7, any individual parcel of such property on which the Offsite Improvements will be located shall be hereinafter referred to singularly as a "Subject Property", and collectively as "subject Properties."
6.7.1 No Commitment to Condemn. Owner hereby acknowledges and understands that this Agreement does not obligate the City in any way to use its power of eminent domain to acquire any Subject Property. The City's use of the power of eminent domain is conditioned by law upon certain frndings and determinations that the City Council in its sole discretion, must make in accordance with Califomia Code of Civil Procedure Sections 1240.030, 1240.040,and 1245.230. These findings and determinations include, without limitation, all of the following:
(D The public interest and necessity require the Ofßite Improvement;
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(ii) The Offsite Improvement is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (iii) The Subject Property is necessary for the Offsite Improvement; and
(iv) That either the offer (if any) required by Section 7267.2 of the California Govemment Code has been made to the owner or owners of record, or the offer has not been made because the owner or owners cannot be located with reasonable diligence.
Owner hereby acknowledges and understands that as of the date of this Agreement, the City has not considered the propriety of the use of its power of eminent domain to acquire any Subject Property. The City makes no representation or guarantee whatsoever conceming the eventual result or outcome of its discretionary consideration of the use of íts power of eminent domain to acquire any Subject Property or of any actual eminent domain proceeding.
6.7.2 Indemnity. Owner hereby agrees to defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its officials, offrcers, employees, agents, attomey, and contractors from and against all third party liability, claims, lawsuits, judgments, fines, penalties, amounts paid in settlements, costs and expenses arising out of or in any way connected with the City's actions under this Section 6.7 with respect to any Subject Property, except to the extent that such liability arising from the negligence or willful misconduct of the City, its official, officers, employees, agents, attorney or contractors. Owner's obligations under this Section 6.7.2 shall survive the expiration or termination of this Agreement.
6.7.3 Cooperation. The parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Section 6.7 and as are reasonably necessary to effectuate this Section 6.7; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner.
6.7.4 Effect of Termination, Expiration or Invalidity of this Agreement. If the City terminates this Agreement in accordance with the provisions for termination contained herein, or if this Agreement otherwise expires or is declared invalid, Developer agrees that such termination, expiration, or determination of invalidity shall survive and Owner shall remain liable to City for all Costs reasonably incuned by City up to the date of such termination, expiration or determination of invalidity and shall remain liable to the City for all Costs reasonably incuned by the City subsequent to such termination, expiration or determination of invalidity relative to the taking of such actions as are necessary, as determined by the City in its sole and absolute discretion, to terminate any acquisition activity undertaken prior to such termination, including, without limitation, amounts that the City may pay pursuant to California Code of Civil Procedure Section 1268.610 el. seq., as a result of the City's election to abandon or settle any judicial proceedings which may have been filed.
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6.8 Environmental Compliance. Owner and City acknowledge that City's adoption of the addendum to the Negative Declaration adopted for Tentative Tract No. 6490 described in the recitals hereto reflect City's determination that the addendum to the Negative Declaration adopted for Tentative Tract No. 6490 was adequate, that such adoption is the product of City's independent review and judgment, that it satisfied the requirements of the California Environmental Quality Act, and that it fully and adequately analyzed the environmental impacts of the Project. No mitigations measures other than those expressly identified in the Negative Declaration, the Existing Development approvals, or this Agreement shall be imposed on the Property or as an obligation of Owner for the development of the Property in accordance with the Development Approvals.
However, City may impose additional environmental review and mitigation measures upon Subsequent Development Approvals where such additional environmental review and measures are required pursuant to Public Resources Code Section21166, and California Code of Regulations Title 14 Section 15162, as those sections may be amended or substituted.
6.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.
6.10 Tentative Map Extension. Pursuant to the provisions of Section 66452.6, any tentative subdivision map or tentative parcel map approved in connection with Development of the Property shall be granted an extension of time for a period of five (5) years from the Effective Date of this Agreement; provided, however, that City may impose conditions on tentative map extensions in accordance with Reservation of Authority.
6.11 Vesting Tentative Maps. If any tentative or final subdivision map or tentative or final parcel map hereafter approved in connection with development of the Property is a vesting map under the Subdivision Map Act (Section 6641A, et æ9.) and Chapter T,Title 16 and following, of City Municipal Code (as it may be amended from time to time), and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Owner, then and to that extent the rights and protection afforded Owner under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.
6.12 Phasing Plan. Development of the Property and the Public Improvements shall be subject to all timing and phasing requirements established by this Agreement or the Development Plan. Owner has reserved the right to modify the phasing and timing of the development of the Property in its sole discretion. In the event Owner elects to amend the phasing of the Project, Owner shall give the City written notice of the revised phasing plan and shall provide the City Manager with a proposed revision to the Infrastructure Phasing Plan. The City Manager shall review and approve or approve with modifications the revised Infrastructure Phasing Plan within thirty (30) days of its submittal to the City l9
Manager. In reviewing and approving the revised Infrastnrcture Phasing Plan, the discretion of the City Manager shall be limited to a determination as to whether the revised Infrastructure Phasing Plan will provide the necessary Public Improvements required to serve the associated phases of development set forth in the revised phasing plan. The determination of the City Manager with respect to the revised Infrastructure Phasing Plan may be appealed to the Planning Commission and any decision made by the Planning Commission may be appealed to the City Council pursuant to the then-existing appeal provisions of the City Code.
6.13 Application of Government Code Section 66462.5. The provisions of Govemment Code Section 66462.5 shall not apply to any of the Public Improvements and Owner hereby waives, to the maximum legal extent, any benefits accruing to Owner pursuant to Government Code Section 66462.5 and all other statutes and judicial decisions of similar effect; provided, however, that Govemment Code Section 66462.5 and all other statutes and judicial decisions of similar effect will continue to apply, to the extent applicable, to all other public improvements other than the Public Improvements.
OWNER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION I54Z ("SECTION 1542"\, WHICH IS SET FORTH BELOW:
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.''
BY INITI.ALING BELOW, DEVELOPER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
Owner's Initials
ARTICLE 7. PUBLIC BENEFITS.
7,1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benehts on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefrts conferred on Owner by providing more fully for the satisfaetion of the public needs resulting from the Project.
7.2 Impact Fees. Subject to any fee credits set forth in this ARTICLE 7, Owner shall pay to City the following public facilities and services impact fees at the times 20
provided therefor by applicable City ordinance or resolution, which fees are as of the Effective Date as follows:
7.2.1 Traffic Impact Fee: Developer shall pay the traffic impact fee in effect at the time that the building permit is issued for each single-family residence.
Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $10,000.00
7.2.2 Park Impact Fee: Developer shall pay the puk impact fee in effect at the time that the building permit is issued for each single-family residence.
Notwithstanding the amount of the development impact fees in place, the fees paid by the Developer shall not exceed $5,000.00.
7.2.3 Developer understands and agrees that the feel limitations contained in Section 7.2.1 and 7.2.2 apply only to the Traffrc Impact Fee and Park Impact Fee and not to other categories of impact fees, Development Exactions and Processing fees, whether in existence or later-enacted.
7.3 Landscaping Improvements. Owner shall, at its sole cost, expense and liability, construct those certain landscaping improvements required as "conditions of approval" of Tentative Tract Map No. 6490 as described in Exhibit "D" of this Agreement and as described in Section 4.1.6 (Development Approvals) of this Agreement. Owner shall dedicate any required improvements to the City at the time of reco¡dation of the final map for which the improvements rilere a condition of approval. Owner will construct such landscaping improvements in accordance with City and other applicable governmental agency rules, codes, standards, ordinances and regulations in accordance with the Existing Land Use Regulations, sut{ect to the Reservations of Authority.
7.4 Public School Impact X'ee. Owner shall pay all public school impact fees required by the Richland School District attributable to the Project. The Richland School District and Owner may form a Communities Facilities District (*CFD") pursuant to the terms of Govemment Code Section 5 3 3 I 1 , et seq., the tenitory of which shall include the Project, for the purposes of the payment of public school impact fees attributed to the Project. Owner shall consent to the annexation of the formation of the CFD prior to recordation of the first final map for the Project or the ftrst sale, transfer or conveyance of the Property or any portion thereof.
7.5 Flood Control and Storm Drainage Improvemenls. Owner shall meet all applicable conditions of approval pursuant to Resolution No. 05-1727 in Exhibit "D" consistent with the tract desigr¡ as illustrated in Exhibit "8", tbund to be in substantial conformance by the City Engineer.
7.6 Public Utilities Impact. Contemporaneously with or prior to the approval of each final map applicable to the Project, Owner shall pro-ide written evidence, acceptable to City, that Owner has fully satisfied all public uti-ities impact measures lawfully required by any public utility purveyor, including, without lirnitation, phone, 2t
water, electric, cable television and gas, which will service that portion of the Project.
Failure to provide such evidence will result in disapproval of any final map. 7,7 Alternative Improvements Interests. City and Owner acknowledge and agree that acquisition of the real property and other interesls necessary for the construction of the public improvements described in this ARTICLE 7 is subject to the provisions of Section 6.7.If, due to any reason whatsoever, Owner is unable to construct those public improvements described in this ARTICLE 7 due to the inability of either Owner or City to acquire the necessary real property or other interests to allow such construction, then Owner shall construct altemative improvements of an equal or greater value than those improvements which would have been constructed had the necessary property and other interests been obtained or pay the applicable fees in lieu thereof. The value of such alternative improvements, and the corresponding credit granted to Owner against those fees which Owner would otherwise be required to pay but for its construction of the improvements contemplated in this ARTICLE 7, shall be as determined in the City's reasonable discretion, consistent with the programs, studies and reports substantiating the amount of development impact fees adopted by the City. Construction of the alternative improvements shall be in accordance with plans and specifïcations approved by City in accordance with all codes, ordinances, regulations, standards and policies in effect at the time of the construction of the improvements.
7.8 Environmental Site Inspection. Owner hereby grants to the City, its agents, contractors, employees and other representatives the right to enter upon the Property during reasonable business hours for purposes including, without limitation, the surveying, inspecting, photographing, sampling, and other testing necessary, in the City's absolute discretion, to the determination of whether hazardous or toxic pollutants, contaminants or materials (collectively, "environmental contaminants") are located upon any property which the City will be receiving through Dedication including, without limitation, parks, rights of way, and utility easemelrts. Upon discovery of any environmental contamination, Owner shall immediately cease any work that may have begun upon the Project, will notiff all appropriate govemmental authorities and regulatory agencies, and will take all steps necessary to comply with any provisions of any federal or state environmental laws, including the Comprehenslve Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, and all other federal or state statutes of similar import and effect.
7.9 Dedication. The term "Dedicate" as used in this ARTICLE 7 means to acquire and offer the subject land for dedication and to construct the improvements to be constructed by the Owner on such land pursuant to this ARTICLE 7 and thereafter to convey such land and improvements to the City. Owner shall convey the land on which the Public Improvements are to be constructed at the time provided therefor by the Infrastructure Phasing Plan, but in no event later than the recordation of the final tract map for which such Public Improvement(s) was/were a condition of approval. Owner shall Dedicate/convey easernent interests in all property required to be Dedicated by this Agreement. The Owner shall Dedicate each Public Improvement upon completion of a segment component of such Public Improvement.
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7.10 Minimum Dwelling Unit Size: Owner agrees that the minimum single family dwelling unit size permitted in the subdivision shall be no less than 1,600 square feet of living space, with an average dwelling unit size of a:l plans being offered of not less than 1,800 square feet of living space. The minimum square foot requirement excludes garages, patios and/or porches whether enclosed or not.
7.ll Fiber Optic and Networking Installation for Dwelling Units: Owner agrees to install in each dwelling unit the following fiber optic and networking requirements:
Building Department Requirements
a. Install a dedicated City Fiber Enclosure adjacent to the other utility enclosu¡es or a Common Communication Enclosure (collectively "Utility Enclosure") for the proposed communications utilities (phone, cable, fiber, etc.). The enclosure type shall be Benner-Natryrnan 14326V/-UL or as approved by the City. The Utility Enclosure may face the garage exterior or interior and shall include one 120-volt, 15-amp convenience receptacle mounted inside the enclosure on either side wall with the outlets facing horizontally. The receptacle power shall be protected by a ground fault circuit intemrpter (GFCr).
b. Install a wireless-transparent 28-30-inch or 42-inch Structured Media Enclosure ("Media Enclosure") of type Legrand 30" ENP3050(30') or 42" ENP4250, Leviton 30" 49605-30W, Primex Verge 30'P3C00 or 42" P4200 or as approved by the City in a master bedroom closet wall or a laundry room wall furthest from the water supply and maintain a minimum 48-inch horizontal clearance between and 24-inch clearance above any meøllic appliances or accessories. The enclosure shall include one 120-volt, l5-amp convenience receptacle located inside the enclosure. c. Install a conduit pathway from the Utility Enclosure to the Media Enclosure with a minimum ofone (l) l-inch diameter non-metallic, flexible conduit which shall maintain a minirnum 36-inch bend radius and protrude a minimum of ó-inches into the enclosures. The conduit shall be marked with orange Tyvek or plastic tags, labeled "City Fiber Use Only", 661-746-5000", tie wrapped to the condui.t in plain view within the enclosures
d. Install a continuous conduit without brea<s or couplings from the existing City Fiber Distribution Enclosure located in the right-oÊway ("Distribution Enclosure") to the bottom side of the Utility Enclosure. The conduit shall be installed a minimum of 36-inches below grade, protrude a rninimum of l2-inches into the Utility Enclosure, be orange in color, and be factory labeled "City of Shafter 661-746-5000". If the conduit does not have an integrated tracer wire, a continuous exlemal #12 AWG solidconductor tracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum lS-feet of slack coiled in the Distribution Enclosure and 3-feet of slack coiled in the Utility Enclosure. The conduit and tracer wire shall be inspected by a City of Shafter Public Works Department representative before shading and backfilling.
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i. After backfilling, the conduit shall be mandrel tested between the Distribution Enclosure and the Utility Enclosure. All conduits %-inch or larger shall require mule tape or equivalent installed. Mule tape shall be slack (no tension) and fastened to the plug or cap. Innerducts and microducts shall have the pull string completely removed before being tested with a ball bearing. The testing process shall be witnessed by a City of Shafter Public Works Department representative. ii. Couplings shall be used to repair damaged or short conduit only if approved by the City. Conduit couplings shall be an air-tight, water-tight, push-on compression fïtting approved by the City. Tracer wire couplings shall be air-tight, watertight, twist on or compression connector approved by the City. Coupling integrity shall be inspected by a City of Shatter Public Works Department representative. e. Category 6 Unshielded Twisted Pair (CAT 6 UTP) cable (or as approved by the City) shall be installed according to industry standards and the requirements below and shall not be pinched, stapled, bent sharply or crossing any sharp, unprotected edges:
i. Install minimum of three (3) cables from the Utility Enclosure to the Media Enclcsure.
ii. Install the following connection points terminated to a CAT 6-rated 8P8C (RI45) jack within a single-gang low voltage wall box, using the ANSI/TIA568 T5684 termination standard:
1. Minimum of two (2) connection points to every
entertainment center, kitchen. master bedroom, kitchenette, offìce, den, etc. iii. Install one (l) or more Wi-Fi Access Point (WAP) ceiling mounting locations (as approved by the City) on each floor such that no exterior wall is more than 30 feet from any WAP mounting location. Each WAP mounting location will include a single-gang, low voltage wall box through which a single CAT 6 UTP cable with a minimum three (3) feet of slack shall be terminated with a CAT 6-rated 8P8C (zu-45) plug for connecting to a rWAP.
Engineerin g Department Requirements
f. Developer shall design and install a system of conduits, terminal enclosures, distribution enclosures, splice enclosures, connection points, and hand holes for a fiber optic network to each buildable lot within the development. Design and material specificatìons are available from the City of Shafter. Plans shall be submitted and approved by the City of Shafter, prior lo recordation of the final map, showing the proposed utility trench and all appurtenant hardware. The design shall include the following minimum specifications:
i. A combination of fiber optic conduits shall minimally include 4" SDR-I1 HDPE, 2" SDR-I1 HDPE, 7-Way bundled HPDE innerduct with attached tracer wire, and direct-bury HDPE microduct with attached tracer wire. Fiber optic conduits may be joint trenched with other ufility company pipes and/or conduits. 24
ii. All underground hber optic conduits, innerduct bundles, rnicroducts, etc. shall be factory-labeled "City of Shafter 661-746-5000". Conduits shall be identified by a permanent marking, with the address number of the residence they serve, within the distribution enclosures.
iii. All underground fiber optic conduit paths shall have üacer wire. If the conduit does not have an integrated tracer wire, a continuous extemal #12 AWG solidconductor lracer wire with high-density polyethylene insulation rated for direct burial shall be installed along with the conduit leaving a minimum l5-feet of slack coiled in the endpoint enclosures.
iv. The ends of all fiber optic conduits, innerducts, and microducts shall be plugged or capped to prevent dirt, debris, or foreign objects from entering. v. After backfilling, all conduits shall be checked for obstructions, and re-excavated and repaired or replaced as required. All conduits %-inch or larger shall require mule tape or equivalent installed. Mule tape shall bs slack (no tension) and fastened to the plug or cap. Innerducts and microducts shall be mandrel tested while being witnessed by a City of Shafter Public Works Department representative. vi. A combination of underground utility enclosures shall minimally include 36"W x 60"L x 36"D polymer concrete enclosures with dual torsion covers, 36"W x 36"L x 24-36"D and 24"W x 36"L x 24-36"D High Density Polyethylene (HDPE) enclosures.
vii. All underground utility enclosures shall be factory-stamped "City Fiber"
ARTICLE 8. FINANCING OF PUBLIC IMPROVEMENTS ANI)
MAINTENANCE OBLIGATIONS
8.1 Landscape and Lighting Maintenance Community Facilities District.
The City and the Owner agree to the formation of Communities Facilities District ("CFD") pursuant to the terms of Govemment Code Section 5331l, et seq., the tenitory of which shall include the Project, for the purposes of the payment of maintenance and operation costs associated with the common landscaping and lighting located within the Project.
Owner shall consent to the annexation of the formation of the CFD prior to recordation of the first fïnal map for the Project or the frrst sale, transfer or conveyance of the Property or any portion thereof. The Owner further expressly agrees that failure of Owner to consent to the formation of such CFD wi[ result in disapproval of any futurE tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.1; provided, however, that after giving effect to such annexation, the Owner is subject 'rnly to its fair share of the obligations and costs incurred as a result of the annexation. The Owner agrees to cooperate fully in any such annexation 25
proceedings.
If, for any reason whatsoever, the Property or pcrtion thereof does not become part of a CFD as provided in thís Section 8,1, or if any such CFD which is formed does not provide for the maintenance of the entirety of the landscaping and lighting within the Property, or any portion thereof, then Owner will provide for the creation of a private property owner's association, or an adequate alternative reasonably acceptable to the City, to undertake such work. The homeowner's association, conditions, covenants and restrictions (CC&R's) shall include a requirement that the homeowner's association pay the assessment and that the ass.essment provisions contained in the CC&R's can only be amended with the approval of åe City. Failure to proviie for the creation of such an owner's association, CC&R's and/or an adequate altemative reasonably acceptable to the City, when required by the terms of this Section 8.1 shall result in the disapproval of tentative or final maps or other Subsequent Development Approvals with respect to the Property, or any portion thereof, and shall be cause for the City to terminate this Agreement.
8.2 Police and Fire Protection Community Facilities District. The City and the Owner agree to the formation of a CFD pursuant to the terms of Government Code Section 53311, et seq., the tenitory of which shall include the Project, for the purposes of the payment and maintenance and operation costs associated with police and fire protection. Owner shall consent to the annexation of the tbrmation of the CFD prior to recordation of the first final map for the Project or the first sale, transfer or conveyance of the Property or any portion thereof. The Owner further expressly agrees that failure of Owner to consent to the formation of such CFD will result in disapproval of any future tentative or final maps for the Project and will be cause for the City to terminate this Agreement.
The Owner also agrees that additional areas may be annexed into the CFD to be created pursuant to this Section 8.2; provided, however, that after giving effect to such annexation, the Owner is subject only to its fair share of the obligations and costs incuned as a result of the annexation. The Owner agrees to cooperate fully in any such annexation proceedings.
The Owner agrees that the Police and Fire Protection Community Facilities District may be formed as part of or separate from the Landscape Lighting and Maintenance Facilities District described in Section, at City's discretion.
ARTICLE 9. REVIEW FOR COMPLIANCE.
9,1 Periodic Review. The City Manager, or his or her designee, shall review this Agreement annually on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Owner with the terms of the Agreement. Owner shall submit an Annual Monitori:rg Report, in a form acceptable to, and containing such information as may be requested by the City Manager, or his or her designee, within 30 days after w¡itten notice from the City Manager, or his or her designee. The Annual Monitoring Report shall be accompanied by an annual revierv and administration fee, in an 26
amount consistent with then-existing City fee schedules and resolutions, suffrcient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount cf the annual review and administration fee shall be set annually by resolution of the City Council. Neither City nor Owner shall have a duty to notifu the other of their respective obligations hereunder and the City's failure to so conduct such annual reviews shall not affect the rights, protection, and benefits afforded Owner by the Development Agreement Law and this Agreement shall remain subject to the Development Agreement Law.
9.2 Special Review. The Planning Commission or City Council may order a special review of compliance v¡ith this Agreement at any tirne. The City Manager, or his or her designee, shall conduct such special reviews.
9.3 Procedure.
(a) During either a periodic review or a special review or at any time upon Cíty's determination that Owner is in default of this Agreement as described in Section
10.4, Owner shall be required to demonstrate good faith cornpliance 'with the terms of the Agreement. The burden of proofon rhis issue shall be on Owner. (b) Upon completion of a periodic revierv or a special review, the City Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his/her recommended finding on that 'issue.
(c) If the Planning Commission finds on :he basis of substantial evidence that Owner has complied in good faith with the terms arrd conditions of this Agreement, the review shall be conc.uded.
(d) If the Planning Commission makes a preliminary finding that Owner has not complied in good faith with fie terms and conditions of this Agreement, the Planning Commission may recommend to -rhe City Council that the City Council commence proceedings to modify or terminate this Agreemerrt and the City Council may proceed to modify orterminate this Agreement under Section 9.4 and Section 9.5. Notice of default and opportunity to cure as provided under Section 10.4 of this Agreement shall be given to Owner prior to or concurrent with proceedings under Section 9.4 and Section 9.5.
9.4 Proceedings Upon Modification or Termination. If, upon a recommendation of the Planni:rg Commission under Section 9.3(d), the City Council determines to proceed with rnodifìcation or termination of this Agreer:rent, the City Council shall give written notice to Owner of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statemef as to whether or not the City Council proposes to terminate or to modify the Agreernent; and the specifics of such modifications; a1
(c) Such other information as is reasonably necessary to inform Owner of the nature of the proceeding.
9.5 Hearing on Modification or TermÍnation. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of the Agreement the City Council may terminate this Agreement notwithstanding an¡r other provision of this Agreement to the contrary, or modiff this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
9.6 Certificate of A.greement Compliance. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made knrwn to the Planning Commission and City Council that (l) this Agreernent remains in effect and (2) Owner is not in defaul¿. The Certificate shall be in recordable form, shall contain information necessary to comrnunicate constructive record notice of the finding of compliance, shall state whether the certificate is issued after a Periodic or Special Revierv, and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees of Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager.
ARTICLE 10. DEFAULT AND REMEDIES.
10.1 Remedies in General. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect co th:s Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in damages, including, without limitation, attorneys' fees and litigation costs, to Owner, or to any mortgagee or lender of Owner or to a silrccessor in interest of Owner, or a mortgagee or lender of Owner, or to any other person, and Orvner covenants not to sue for damages or claim any damagas:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the impairment or restriction of any right or interest conveyed or provided under, with, or pufsuant to this Agreement, including, without limitation, any 28
irnpairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or inteqpretation or effect of the prol'isions of this Agreement.
Further, nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain; provided, however, that such exercise results in a physical occupation of the Property or portion thereof. Except as set forth in the preceding sentence, Owner's remedies shall be limit¡d to those set forth in this Section l0.l and Sections 9.5 and 10.2.
L0.2 Specific Perfornnance. The parties acknowledge that money damages and remedies at law generally are inadequate, and specific performance and other nonmonetary relief, including ternporary and permanent injunction relief, are particularly appropriate remedies for the en:brcement of this Agreement and should be available to all Parties for the following reasons:
(a) Money damages are unavailable agairst the City
(b) Due to tre size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the ternrs of this Agreement anci will be investing even more significant time and resources ír: implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner fcr such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. (c) Owner shall not be required to post a bond to obtain injunctive relief. f03 Release. Except for nondamage remedies and e:<cept as otherwise provided in this Agreement, including the remedy of specific performance and judicial review as provided for in Section 9.5, Owner, for itself, its successo¡s and assignees, hereby releases the City, its officers, agents and employees from any and all claims, demands, actions, or suits or any kind or nature arisingout of any liability, known or unknown, present or future, including, but not limited to, anyclaim or liability, based o: assened, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law, c:dinance, or judicial decision which seeks to impose any other liability or damage, whatsoever, upon the City because it enlered into this Agreement or because of the terms of this Agreement.
Without limiting the g=nerality of anything in tte immediately preceding paragraph, Owner, for itself and its successors and assigns, hereby expressly waives the benefit of, and any protections provided by Civil Code Section 1542, which provides:
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A general release does not extend to claims which the creditor does not know or suspect to -:xist in his or her favor at the time of executing the release, which if kno''¡.'n by him or her must have materially affected his or her settlement with the debtor.
In addition to waiving fhe provisions of California Civil Code section 1542, the Owner hereby waives, releases and foregoes the provisions of any federal or state statute or judicial decision of similar effect.
10.4 Termination or Modification for Default of Developer. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement as provided in Article 6 hereof, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, City ma;l terminate or modify this Agreement pursuant to this Section in accordance with Article 6 hereof only after providing w:itten notice to Owner of default setting forth the nature of rhe default and the actions, if any, required by Owner to cure such default and, where the default can be cured, Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but ca¡r be cured within a longer time, has failed to .rommence the actions necessrLJ to cure such default within such sixty (60) day period ærd to diligently proceed to complete such actions and cure such default.
10.5 Termination of Agreement for Default of City. Owner may terminate this Agreement only in the event oi¿ default by City in the performance of a material term of this Agreement and only aft:r providing written notice to Cit-y of default setting forth the nature of the default and theactions, if any, required by Cit;r to r¡re such default and, where the default can be cured, City has failed to take such acticns and cere such default within 60 days after the effective date ofs¡ch notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary tc cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
ARTICLE 11. THIRD PARTY LITIGATION.
1l.l General Plan Litigation. City has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law.
Owner has reviewed the General Plan and concurs with Ciry-'s determination. City shall have no liability under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Propery as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that on the Effective Date, or at any ime thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City's actions in adopting it were invalid, inadequate or not in compliance with law.
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ll.2 Third Party Litigation Concerning Agræment. Owner shall defend, at its expense, including attorneys' fees, indemniff, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers or employees to attack, set asideo void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreemenl. City shall promptly noti$ Owner of any such claim, action or proceeding, and City shall cooperate in the defense. If City fails to promptly notiry Owner of any such claim, action or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be r;sponsible to defend, indemnify or hold harmless City. City may in is discretion participate in the defense of any such claim, action or proceeding.
11.3 Indemnity. In addition to and not as a lirnitation upon the provisions of Sections I 1.1 and 11.2 above, Owner shall indemnifr, de::nd and hold harmless City, its officers, agents, employees and independent contractors fræ and harmless from all liability whatsoever, based or asserted upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death (Owner's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder including, but not limited to, the design, engineering, construction, completion, operation, maintenance, repair, failure, conveyance or physical condition of the Public Improvements.
The foregoing obligation shall not apply to any claims for damages which arise through the sole active negligence or sole willful misconduct of City. Owner shall defend, at its sole cost, expense a:rd liability, including attomeys' fees, City, its ofhcers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Owner. City nay, in its discretion, participate in the defense of any such legal claim, action or proceeding and shall be entitled to reimbursement from Owner for any and all costs associated with such defense including, without limitation, reasonable attorneys' fees.
ll.4 Environmental Contamination. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of Cify as successor to any portions of the Property Dedicated or transfeffed to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to envirornnental conditions on, under or about the Property, including, but not limited to, soil anJ groundwater conditions, and Owner shall defend, at its expense, including attomeys, fees, City, its offtcers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such clairn, action or proceeding.
11.5 Cify to Approve Counsel. With respect to Sections 11.1, through 11.4, inclusive, herein, City reserves the right to either (l) approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably wittrheld, or (2) conduct its own defense; provided, however, that Owner 3l
shall reimburse City forthwith for any and all reasonable expenses incuned for such defense, including attomeys' fees, upon billing and accounting therefor.
11.6 Accept Reasonable Good Faith Settlement, With respect to Sections I 1.1 through 11.4, inclusive, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafïer defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Sectio:r 11.6 applies exclusively to settlements pertaining to nonetary damages or damages which are remedial by the payment of monetary compensetion. Owner and City expressly agree that this Section 11.6 does not apply to any settlement which requires an exercise of the City's police po\ryers, limits the City's exercise oiits ¡olice powers, or affects the'conduct of the City's municipal operations.
ll.7 Survival. The provisions of Sections 11.1 through 11.6 inclusive, shall survive the expiration or early termination of this Agreement. 1f.8 No Waiver of Common Law or Statutory Obligations. City and Owner acknowledge and agree th¡t this Agreement shall not constitute a waiver or abridgement of any common law or statutc'ry obligations which Ow¡er may have with respect to indemnification, defense and conribution in the event ttat any action or proceeding is comrnenced against City *'hich is based upon this Agreement or which is in any way related to any actions taken by Oçner pursuant to this Agreement.
ARTICLE 12. }IORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, &ed of trust or other security device securing fïnancing u{th respect to the Property, Citv acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, ùon: time to time, to meet witli Owner and representatives of such lenders to negotiate in gccd faith any such request for interpretation or modification.
City will not un¡easonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modiåcations of this Agreement are subject to the provisions of Section 5.5 of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreementnor a breach of this Agreement shall defeat, render invalid. di=inish or impair the lien of an1' mortgage on the Property made in good faith and for value.
(b) The \'lotgagee of any mortgage or deed of trust encumbering the Property, or any part therec'f, ¡*'hích Mortgagee has submined a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written 32
notifrcation from City of any default by Owner in the perfoÍrnance of Owner's obligations under this Agreement.
(c) If City timely receives a request from a Nlortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The lvfortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to tlre terms of this Agreement.
Notwithstanding any otherprovision of this Agreement to the centrary, no Mortgagee shall have an obligation or duty under this Agreement to perfonn an:i of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance.
However, to the extent that the performance of such covenant by Owner is a condition precedent to the performance of any act by the City, the City shall have no obligation to perform such act hereunder unless and until the Mortgagee performs the covenant of Owner which is the condition precedent to the City's performance. Although a Mortgagee is not obligated to perform the obligations and covenants of Owner hereunder, if the Mortgagee elects to so perform, such performance shall be in full accordance with the terms of this Agteement. Any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.4 of this Agreement.
ARTICLE 13. MISCELLANEOUS PROVISIONS.
13.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Kern County Recorder by the City Clerk within the period following the Operative Date as required by Section 65868.5 of the Government Code.
13.2 Enfire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly refened to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeiing of any kind or nature to interpret or determine the terms or conditions of this Agreernent.
13.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such rernaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in ARTICLE 7 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and JJ
effect whatsoever. Notwithstanding the foregoing, the dwelopment rights set forth in Section 6 of this Agreement are essential elements of this Agreement and Owner would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined tc be invalid, void or unenfc'rceable, this entire Agreement shall be null and void and ofno iorce and effect whatsoever.
13.4 Interpretation ¡nd Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achiev.- the objectives and purposÈs of the parties hereto, and the rule of construction to the effect that ambiguities are to b.e resolved against the drafting party shall not be employed il interpreting this Agreenent, all parties having been represented by counsel in lhe negodation and preparation hereof. f3.5 Section Headings. All section headings and subreadings are inserted for convenience only and shali :rot affect any construction or inierpretation of this Agreement,
13.6 Singular and Plural. As used herein, the singular of any word includes the plural.
13.7 Joint and Severel Obligations. If at any time during the term of this Agreement any part of the Property is jointly owned, in whole or in part, by more than one owner, all obligations of such ovmers under this Agreemen-, as to that portion of the Property jointly owned shall be joint and several, and the default of any such owner shall be the default of all such o\ryneri. Nohvithstanding the foregoing, no owner of a single lot which has been finally subdividei ard sold to such owner as ¿ member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided herein.
f3.8 Time of Essence. Time is of the essenc.e in the performance of the provisions of this Agreement as to which time is an element.
13.9 Waiver. Faiirne by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such pafy's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
13.10 No Third Pariv Beneficiaries. This Agreønent is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision o: this Agreement.
13.11 Force Majeure. Neither party shall be deemed to be jn default where failure or delay in performance of any of its obligations under this .{greement is caused by floods, earthquakes, other Acts oÊ God. fires, wars, riots or similar hosti-ities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), govemment regulations, court actions (such as restraining e¡ders or injunctions), the other party's breach of this Agreement, or other causes beyond úre party's control. If any such 34
events shall occur, the term of this Agreement and the time for perforrnance by either party of any of its obligations hererlrder may be extended by the written agreement of the parties for the period of time that such events prevented such performance. provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. The failure of either party to obtain or maintain financing necessary for the performance of its respective obligations and duties hereunder shall not be deemed a cause for an extension of the term of this Agreement or a cause for the extension of time for performance of any such obligation by any party hereunder unless mutually agreed to by the parties in writing.
13.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concunent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefïtted party.
13.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreernent. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing sorne act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during Ownership of the Property or any portion thereof.
13.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
f3.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shail be filed and tried in the Superior Court of the County of San Bemardino, State of California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. The City and the Owner each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between the City and the Owner, due to the fact that the City is a party to such action or proceeding or due to the fact that a federal question or federal right is involved or alleged to be involved. rWithout limiting the generality of the foregoing, the Owner and the City specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Owner acknowledges that the provisions of this Section 13.15 are material consideration to the City for its entry into this Agreement, in that the City will avoid the potential cost, expense and ínconvenience of litigating in a distant forum.
13.16 Project as ¡ Private Undertaking. It is specifrcally understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, 35
and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is forr¡e'J by this Agreement. The only relltionship between City and Owner is that of a government entity regulating the development of private property and the Owner of such properfy.
13.17 Further Action* ¿nd Instruments. Each of the parties shall cooperate with and provide reasonable assistmce to the other to the extem contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon lhe request of either party at Ên',' time, the other party shall promptly execute, with ackno*-ledgment or affidavit if reasonably required, and file or record such required instrurne:rrs and witings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the trar¡sactions contemplated by this Agreement. The provisi,ons of this Section 13.17 shall not require the taking of any actions which are prohibitd b_' law or, except as expressly set forth in this Agreement, including, without limitation, Section 6.7, impair the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City.
13.18 Eminent Domdn, No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain.
13.19 Agent for Sen'iee of Process. In the event Owner is not a resident of the State of California or is an ass¡rciation, partnership or joint venture without a member, partner orjoint venturer residen:of the State of Califomia" or is a foreign corporation, then in any such event, Owner shall fi-e'with the City Manager cr his cr her designee, upon its execution of this Agreemenf a designation of a natural person iesiding in the State of Califomia, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising cut af or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Cti+:er. If for any reason sen'ice of such process upon such agent is not feasible, then in sueh event Owner may be persoaall,v served with such process out of this County and such sero*ice shall constitute valid se:v:ce upon Owner. Owner is amenable to the process so served, submits to the jurisdicticn of the Court so obtained, and waives any and all objectiont and protests thereto.
13.20 Authority to Ere*ute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he/they have the achority to execute this Agreement on behalf of hisiiheir corporation, partnership or business entity and warrants and represents that he/they has'have the authority to bind Cl'*ner to the performance of its obligations hereunder.
13.21 Subsequent Aru.endment to Authorizing Strtuta This Agreement has been entered into in reliarrce upon the provisions of the statute goveming development agreements (Sections 658641hrough 65869.5 inclusive) in effect as of the Effective Date.
Accordingly, subject to Section 6,5 above, to the extent the subsequent amendment to the 36
Govemment Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necess¿rry for this Ageement to be enforceable.
13.22 No Personal Obligationlt\o Completion Obligation. This Agreement in and of itself does not represent a personal obligation of individual officers, directors, and shareholders of Owner, its successors or assigns. Nothing herein contained shall in and of itself be deemed to create an obligation of the Owner, its successors or assigns to complete the development ofthe entire Project as conternplated, or any particular portion thereof. No officer, official, employee, agent, contractor or attomey of the City shall have any personal liability orobligation for the performance of the City's obligations hereunder.
31
SIGNATURE PAGE TO
TENTATIVE TRACT NO. 649Û DEVELOPMENT AGREEMENT NO. 21.20 CITY:
CITY OF SHAFTER
a Califomia municipal corporation
Mayor, Shafter
By
ATTEST
City Manager
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
City Attomey
38
SICNATURE PAGE TO
TENTATIVE TRACT NÛ. ó490 DEVELOPMENT AGREEMENT NO. 2I -20 O}VNER
Summit Capital Ventures, Inc.
8725 Swigert Court
Bakersfield, CA 93311
By:
Its:
Dated:
Chief F:nancial Officer
Lv'zz -
39
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNI.A
COTINTY OF KERN
On a Notary Public, personally
who proved to me on the
basis ofsati to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sig:ratures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I cerrify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct.
my hand and official seal
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40
EXHIBIT'TA" TO
TENTATIVE TRACT NO.649O DEVELOPMENT AGREEMENT NO. 2I'20 Legal Description of ProPertY
Ð(HIBIT"A"
TRACT 6490
LEGAL DESCRIPTION
BEING A DMSION OF LOT 13 AND A PORTION OF THE WEST }IATF OF LOT 14 OF SALES MAP OF I.ANDS OF KERN COUNTY tÁND COMPAI.IY IN SESrION 15, TOWNSHIP 28 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN, FITTD FEBRUARY 11, 1913 IN THE OFRCE OF THE KERN COUNTY RECORDER, BEING MORE PARTICUI.ARLY DESCRTBED AS FOLTOWS:
BEGINNING ATTHE SOUftTWESTCORNER OF SAID LOT 13;
THENCE, NORT}IERLY ALONG THE WEST UNE OF gqID LOT T3, NORTH OTO2+'T8" EAST A DISTANCE OF 1,319.86 FEEÍ, MORE OR LESS, TO THE NORTHWEST CORNER OF SArD LOT 13; THENCE, EASTERLY ALOI{G THE NORTH UNE OF SAID LOT 13, SOUÌH 89Ô03',48" EAsr A DISIANCE OF 66A.47 FErr, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 13; THENCE, COi{TTNUING SOT TH 89o03',48" EAST A DISTANCE OF 310.23 FEFI, MORE OR LESS, ALONG THE NORTH UNE OF SATD LOT 14 TO A POINT OF INTERSECTTON WTT}I THE WEST UNE OF A WATERUNE EASEMENT DEDICATED TO THE UNT¡ED TA'ÌES OF AMERICA PER INSTRUME|'¡T 17472, ßOK 2581, PAGE 194 OF OFFICIAL RECORDS OF SAID COUNTY, SA¡D WEST UNE AISO BEING THE WEST UNE OF THE EAST 20 FEET OF'THE WEST HALF OF SAID LOT 14;
THENCE, |-EAVING SAID NORTH [INE, SOUTH 01o23',01" WEST ALONG SAID WEST UNE A DISTANCE OF 1,319.98 FEE[, MORE OR LESS, TO TltE SOUTHERLY LINE OF SAID LOT 14; THENCE, WESTERTY ALOI\¡G THE SOTJTH UNE OF SAID LOT ld NORI.I 89O0322'WEST A DISTANCE OF 31O..IO FEET, MORE OR I.fSS, TO THE SOUTHWESTCORNER OF SAID LOT 14; THENCE, WESÍERLY ALONG IllE SOUTH UNE OF SAID LOT 13, NORIH 89a03'22',WEST A DTSTANCE OF 660.80 FEEI, MORE OR L"ESS, TO THE POIÌ{T OF BEGINNING.
CONTAINING 29.42 ACRES GROSS, IIIORE OR LESS.
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EXHIBIT 'TB" TO
TENTATIVE TRACT NO. O¿gO INVBLOPMENT AGREEMENT NO' 2I'20 Map of the ProPertY
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EXHIBIT "C" TO
TENTATIVE TRÄCT NO.6490 DEVELOPMENT AGREEMENT NO. 2IAO
LIST OF EXISTING DEVELOPMENT APPROVALS
1.) City of Shafrer Resolution No. 05-1727 for Tentetive Tract No. 6490
EXHIBIT fTD'' TO
TENTATIVE TRACT IO.6490 DEVELOPMENT ÀGREEMENT NO. 21.20 RES'fLUTION NO. 05 -1721
CONDITIONS OF APPROV¿L
TNNTATTVE TRACT NO. 6490
CONDITIONS OF APPROVAL
(As Approved by Ctty Council S/3/0Ð
GENERAL
1 The devolopor(s) (heroinafterrcferred to as "Deveþer'), at their sole cost and expe,nse, shall defend, indernnify and hold harrrless the City of Shafter (he,reinafrer referred to as "Ci!y''), its agents, legislative body, officers and empl'oyees in any lcgal or adminisfrative action, olaim or prooeeding concerning approval of Tentative Tract No. 6490 (horeinafter refoned to as "TT 6490') or, at its olection and in the altemativc, shall relinquish such approval.
Developer shall assume the defense of the City in any s.r*.legnt or administrative action, claim or proceeding with legal counsel paid for in the entiretyby Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative body, officers and employees for any judgmeatr, amounts paid in settlements, court oosts and attorneys' fees which the City, its age,n-s, legislative body officers and employees rnay be required to pay at court as a result of such ection, claim, or proceeding, The City may, at its sole discrotion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer of their obligations under this condition.
The following disclosr:ro shall be given as part of tra¡sfcr of proporties: "[f your real property is near property r¡sed for agricultural operations, you m¿y be subject to inconveniences or discomforts arising Êom such operations on any 24 hour basis. Said discomforts may include, but not be limited to equipment noisæ, odors from manure or other chemicals, and dust or smoke, The City has determined that the use of real property for agricultural operations is a high priority and favored use to the Cþ and Kem County and will not be considered a nuisance for those inconveniences or discomforts arising frorn agriculnral operations, provided such operations üe consisterit with accepted customs, standards, and laws."
Developer, or the general contmctor, shall submit a li.3t of all contractors and/or subcontactorspcrformingworkonTT6490totheCifyAd:ninistrative Services Deparhront and such contractors and suboortractors shall obtain valid business licenses to do business and/or work in the City.
Until all portions of TT 6490 hsrre been oompleted, all vacant and undeveþed land shall be maintained within the boundaries of TT 6490 in a weed-free and clean and orderly marmcr by Developer. Should said pr,operty not be so maintained" ttrc City shall notify property owner that the properfy is to be cleaned within thirty da)¡s of receipt of said notice. If property owner does not comply within the required time Êamo, City may then clea¡ the land and bill property owner for expenses incurred.
TT 6490 shall oxpire twenty-four months from the date of app'roval by the City Council, unless an extonsion is granted by the City Council. Shoutd an cxtension be requested, the applicaut, not less than sixty days prior to the expiration dalc, shall subrnit to the City in writing, a request for an extensio:t of that approval in accotdærce with the provisions of City Codes.
2. 3
4. 5.
6. 7
I
9 Developer shall pay all devolopment fees and impact fees adopted by the City in effect at the time of issuance of anybuilding permits.
Dcvelopershall complywiththe latestUniformBuildingCode, UniformMechanical Code, Unifor¡n Plumbing Code, National Electrical Code, Uniform Fire Code and all other applioable codos, ordinancos, rcgulations, and dcvolopment standards in effect at the time of issuance of relative permits.
PI,ANnIING
10. 11.
TT 6490 shall conform to the inlieu park fee measures (Quimby Act) of the City of Shafter Said fcos shall be paid prior to recordation of the Final Map.
In lieu of the construction ofalleys, Developer shall pay refi¡se capacity fee as required by Ordinance No. 351. Refuse capacity fee sh¿ll be due and payable prior to recordation of a Finat Map.
Prior to reoordation of Tract Map No. 6490, the devcloper shall enter into a development agreement with the City of Shafter, in a form and substance reasonably approved and required by the City, which shall provide for a minimum squårc footage of residential units within the subdivision, and which shall provide for paynent of park fees, tafño fees and other fees established by the Clty. h the evont that thc City has not adopted such fees in a timelymanner such that the dcveloperwould have to malce pa1æTent at the time of obtaining each building permit for development of the subdivision, then the developer and the City agree that park fees shall be sminimum of $650 per lot and baflïc fees shall be a minimurn of $2,346 per lot, and that Euch fees re,present the ac:ual costs pertaining to park and recreation and haff.c impacts proportional to and directly related to each lot. Such fees shall be paid regardless ofwhether the developer and the City euter into a development agreement.
In addition, the developer shall cooperate with the City regarding the establishment and formation of a community facilities district for school pupos€s, and the developer shall require all successors in interest in and to the subdivision, and each portion thereo{, to cooperate with the Clty in the establishrnent of such a dishict. For this purpose, the devoloper and its successoß in interest shall not object or participate in any protest regarding the formation of such a distriot, and shall affirmatively vote ".ves" with respect to all real property within the subdivision for purposes of establishing such a disfict.
Prior to issuance of each building pennit for houses within TT 6490, Developer shall submit a site plan to the City Planning Departrnent for review and approval. The sitc plan shall refcrence the floor plan layout and building elevations, including exterior building materials and colors, for each of the single-farnily residences to be consffircted within TT 6490. All architectural features of each single-familyresidence and all landscaping requirements set forth in Section 2.80, Chapter 2, Title 17 of the Shafter N{unicipal Code (Design Review) shall be adhered to. All roofs constructed within TT 6490 shall be of concrete tile or Prestique I High Definition nunufactured by ELK Corporation in Shaftcr, its cquivalent or botter.
Developer may request approval to substitute equivalent housing plans in lieu of any of the plans provided as part of the application for TT 6490. The City's Project Assistance Team shall determine, in the exercise of its reasonable discretion, whether a proposed substitute is equivalent to the oorrospording floor plan and elsvation previously provided as a requiremcnt of Section 2.80, Chapter 2, Title 17 of thc Shafter Municipal Code. At a minimum, howwer, the propoeod equivalent plan must bc of the same or greater size than the plan it is intended to replace within TT 6490.
t2. Developer shall submit a co'nceptual landscaping plan for all publically maintained landscaping to the Planning Department for approval prior to recordation of the Final Map, or first phase of the Final map.
13. All roof-mounted air conditioning equipment shall be located on the rear portion of the roof ridge line in such a manner as to be screened as nuch as practical from view from public streets.
14. With the exception of modelhouses, as provided in Section 3.080, Chapter 3, Title 16 (Subdivision Ordinance) of the Shafter Municipal Code, no buílding perrnit shall be issued by the City until TT 6490 has been recorded pursuant to the requiremørts of Title 16 (Subdivision Ordinance) andTitle 17 (Zoung Ordinance) ofthe Shafter Municipal Code.
15. Prior to recordation ofTract 6490, the subdivider shall ¡emove "Christopher Streef ', "Evelyn Ct.-, and "Lisa Streef' from the map and remove Kathleen Steet from the list of altemative steets. The 911 Coordinator did not approve those th¡ee süeet names and one altemative steet name. The applicant should substihrte the remaining two altemative sbeet names for two of the disapproved streetnames on the map and provide 34 additional street names to staff so those street natnes can be submitted to the 91 1 coordinator for review and approval.
New street names must be submittEd to staffand reviewed prior to recordation of TT6490.
16. All requirements of Section 2.80.6 (Residential Subdivision Land Use Design Criteria )of the Cþ's ZonrngOrdinancesb¿ll be met.
t7. In orderto reduce potential noisc impacts from theBNSFRailroadto the subject subdivision, the applicant shall construct a six (6) foot high masonryblock wall along the northern and eastern perimeter of TT 6490, This is a mitigation measr¡rc identified in the Negative Declaration for this project.
BUILDING
18. Private drives constructed of Portland cement-concrete shall be constructed at a minimum width of 16 feet from the edge cf public roadway pavematt to the garage of each house.
19. Prior to permitting occupancy of any lot, building addresses shall be permanently inst¿lled and clearly visible from the st¡eet,
Prior to recordation of Traot 6490, developer shall relocate telephone poles along the north side Los Angeles Avenue in conformance with the appropriate utility companyrequirements. zo.
22. 23.
24. 25.
26. 27.
28. 29.
30. ENGINEERING: GENERAL
2l- Developer shall remove and re,place any existing public orprivate improvements that may beoome damaged during anyphaso of construction, as reqtircdby the Cify Engineer. The conEactor working within the public right-of-way shall ob¡æn an errcroacbment perrrit from the City Engineer prior to cclmencing any such work.
Developer shall relocate and¡orinstall all necessary infrastru"cture to provide utilities to the proposed project.
A six (6) foot public utility eascment shall be providcd in th¿ front of all lots and on the street side of all corner lots as requested by the utility ootapcries and the City Engineer.
Eassments shall be granted with the final map.
Easements to be given to the City or any other public utilirl- ag:ncy for, sewer, water, storm drain, electrical, or any other utility or similar purpose:shell not cross private property without prior approval of the City Engineer.
Any above ground utility cabincts or facilities to be located ç'íthin the road right-of-way or public utility easement shall be permitted only upon approvC by the City Engineer. Such approval will be made in vrntirg, upon written request of the epplicant and/or the affected utility company.
Any obstructions including urilities, irrigation lines, etc., shall be removed and/or relocated, if necessary, at the expense of the applicant.
Any onsite wells shall be abandoned per Kem Countystandards.
No final inspection shall be app:oved until all required impru'laments have been completed by the applicant and accepted by the City.
A1l new utilities shall be undorground service.
31,
During construction, vehiculcr accesS points shall be oovered with decomposed granite, road oil, or some other Eeatnent acc.eptable to the City Engtnser, ta prevent generation of dust duringperiods of vehicular actir.ity and/orwindyconditicrs anl tracking ofmud and dirton public roadways.
Prior to issuance of a cortificate of occupancy on any lot oFtto proposed tract, all required improvements shall be coryleted and accepted by the City Council. Additional improvement outside the affæted proj ect boundary may b+ req'.rired for orderly development as detennined by the City Eugineer,
All improvements shall be complete within one (1.) year fror:r tho date of filing of tho final map for the development, unless a time extension is g¡anted by the City Engineer.
32.
33. Type & location of cenhalizd mail delivery units shall bc detemrined by the postal service.
If the postal sorvice requires special easements for the plecøneirt of the delivery units, then said easements shall be shown on the fural map.
ENGINEERING: ÇRADING & DSAINAGE
34. Prior to review of any required improvement plans, both a drainage/hydrology study and a grading plan shall be subrnitted to and approved by the Ciç Engineer.
35. The drainagelhydrology study and hydraulic analpis for*re project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. The shrdy shall demonst¡ate that any potontial run-offwill not impaot sunounding propcrties.
The study shall focus on the project property and any affected adjacent properties. 36, The grading plan for the project shall be performed by a registered civil engineer and submitted to the City Engineer for review and approval. All grading shall conform to the California Building Code, latest edition, approved by the City and City adopted standards and specifications. Storm dralnage protection and disposal of water into and from the affected property shalt be by method approved by the City Engincer,
37. A soils report, prepared by r registered civil engineer siall be submitted along witb the gradingplan. Soils reportshallbe performed incompliance with Califomia Building Code, Óhapter-t8, latest edition. In addition, all sito grading, carthwork, & building design shall be performed in aocordancs with the rocommendations of ghe soils report.
38. A gr"ditrg permit shall be obtained from the City prior :Ð commencement of any grading activity.
39. Prior to issuance of a building permit, the developer shall file a "Rougb Grade Certificate" with the City in accordance with the City Engineering & Design Standards. Rough Grade Certificate shall be accompanied by certified soil compætion test data ûom an acceptable materials testing company and a certification that the rougb gfaded in substantial conformance with the approved grading plan and Chapter 33 of the Califomia Building CodE. Developer to obtain Rough Grade Certifioate fonn fi¡om the City.
40. Prior to final approval, accephnce of work, or issuance of csrtificate of occupancy, the applicant's engineer shall file a 'Tinal Grade Certificate" s-,ating that all required grading has been done in aocordance with the approved grading plan Dweloper to obtain Final Grade Certificate form from the CitY.
41. The location & frequency of soils compaction testing shall be per the City Engineer. Soils compaction tasting shall be provided by the developer/o'rner.
Minimum slopes across any flat surface shall be 1%. For slopes less that 1%, surface drainage shall be channeled into a concrete v-gutter, curb & gutter, underground storm drain, or similar drainage skucture.
42
43. 44.
45. 46.
All building pads shall provide a minimum oî2% slope awa¡r from each house to a earth swale, and a minirnum oîL%Èom the highest point inthe swale to the stcet. Thc minimun pad height shall be twelve (12) inches above the adjaccnt ouù.
Street side corner lots shall not have their side yard slope (finish grade to back of sidewalk) exceed 4 horizontal:l vertical. ifmaximum slope is exceeded, side yard shall be retained in an approved manner.
Wood rctaining strrctures shali not be approved. Developer shall use masonry, concr€te, or other approved material.
Drainage basin: The deveþmerit is located within an eslablished drainage area, and a regional sump bas already bcsn gonstn¡cted for the dwelopnent. The dovcþer shall constn¡ct a storm drain from tb subdivision to the regional sump or the closest tie-in. Size of storm drain pipe shalt be a;.proved by the City Engineer. The City shall require as a condition to futr¡re land use app.rovals for nea¡by properties benefitting from the developer's construction of such stomr draiq that all such property owners .¡eimbr¡rse the City and/or the deveþer (and if the City is reimbursed, then it shall remi: pa)æent to the developer) for all reasonable costs incurred by the developer to engineer, obtain permits, and construct the storm drain facilities outside the boundaries of Tract 6490, all subject to the requirements of and otherwise as permitted by law. It shall be the responsibilþ of the City of Shafter to prepare the necessaryreimbursernent agreement to accomplish this condition.
The number and location of stËet based siphons and cross gr$ters allowed, if an¡ will be dctcrmincd during the grading and drainago roview p¡occsr. Tho minimum grade for allowod cross gutters shall be 0.6%.
Crrading onto adjacent properry shall not be done without rqitten permission from the adjacent property owner.
The Office of the City Enginecr shall be notified 24 hours in advance ofthe placement of any fill material.
Fill and/or import material strall be subject to the approval cf d:e soils engineer.
Contractor is responsible for thc grading of lot pad areas to within 0.1' of thc design clevations,
All areas in the site on which structures are to be placed r.us¡ be compacted to 90% relative density, for aminimum distance of 5'in all directions from the [oundations of the stucture.
All fill material shall be moistrne conditioned to at least Zo/c ahove optimum moisture and compacted to 90% relative density, as determined by test methods referenced iu Califomia Building Code. appendix Chapter 33, Section 3305, and so cefiñed by tests and report from the soils engineer.
47. 48.
49. 50.
51. 52.
53.
54. 55.
56. 57.
58. 59
60 61
62. The design engineer shall exercise suffïcient supervisory contcl during grading operations to insure compliance with the plans, specifications, and code'within his purview.
The placement of fill shatl b= in 6" ma:rimum lifrs, compacæd with heavy cornpaction equiprnent approvedbythe CityEngineer, unless specificallyree¡mmended otherwise inthe preliminary soils report.
Compaction in proposed pavement areas should be the same æ for the building pads, and should cxtend to a minimum dbtance of 2'beyond the outside edges of pavements.
All out and fill slopes shall nol be steeper than 2 horizont¿l to 1 vertioal.
All ñll areas to be clea¡ed of all vegetation and other uxsuitable material for a structural fill and the areas shall be scarified to a depth of 6", unless specifically noted otherwise in the preliminary soils report.
All slopes in oxcess ofthree fccr shall be prepared and maiataind to contol against erosion.
Grading work shall be superv:sed as ongineøed grading in accc'rdance with Chapter 33 of the Califomia Building Code.
During grading, reasonablo searching should be perfcrmed for concealed subsurface obshuotions. All abandoned zubsurfaoe obstruotions st¡ould be removed. If the terminus of any abandoned piping is outside the project limits, the piping sbould bc removed within the project and properly capped at the project boundaryDustConüol: Itshallbethedevelope/sresponsibilþtopreveltadustnuisanceoriginating frorn the site of work as a resuft ofhis operations during the effeetiveperiod ofthis conhact.
Preventative measures to be tairen by the contractor shall include but not be limited to the following; (a.) W'ater shall be applied to all unpaved areas as required to prevent the surfaces from beooming lry enough to permit dust formation.
(b.) Paved surfacescverwhichvohicularüafficispermittedto tavel shallbekept free of dirt'
ENGINEERING: WATERiT.IRE
63, Developer shall install a water system for the development together with such equipment, pipeline, and facilities, including individuat water servioes, as may be necessary to ensure the development has a minimurn supply of water for tire puposes of the developmeirt including fire protection. Dev'eloper sh¿ll submit water improvernent plans to the City Engineer for review and appoval. Developer shall construct public water systems in accordance with Subdivision Engineering Design Manual for the subject property.
Fire protection shall be provid.ed pcr Kem County Firo DeparLncnt Standards for the t¡,pc of development. A Certificate ofApproval shall be obtained by'ùe applicant from the Kem County Fire Department. Evidonce of this certificate of approral shall be provided to the City príor to acceptance of the water system by the City.
64.
65. 66.
67. 68.
The City Engineer shall reconsrend hydrant tlpe and localiou if required.
Watcr line size, locatioq and materials shall be subject to the approval of the CityEngineer.
Minimum water line size shdl be in acoordanco with the Subdivision Bnginoering Design Manual.
Tie-ins to existing water mains shall be constructed in a manner approved by the Cify Engineer.
'Whenever possible, the water;¡ætem shall be looped to minimizedead ends. For cul-de-sacs greater than 330 feet in length, the water main shall be looped through the side lot lines, of the lots near the end of the cul-de-sac, back to adjacent streets, as directed by the City Engineer. Easerrents shall be provided to the City in a manner consistent with the Subdivision Engineering & Dlsign Manual.
Separato water services shall ce installed for each residential property.
No pormanent structures shal: be construoted over proposed o: existing utiliry easemeuts.
Prior to the issuance of a building permit, water mains and firE hydrants to be installed by applicant shall be completed,tested, and accepted (ttFC 10.5C'2,10.503) ENGINE&.RING: SE\UER
72. Developer shall install a sew€f, system for the development together with such materials, pipeline, manholes, and individual servioes forthepurposes oftbe development. Developer shall submit sowsr improvcnc,nt plans to thc City Euginccr for rcvicw and approval.
Developer shall consür¡ct pubüc sewer systerns in accordance with Subdivision Engineoring Design Manual for the zubject propefiy.
No properties shall be servedby a septic system.
Sewer line size, location, slope, and materials shall be subject to the approval of the City Engineer. Minimum sewer line size, locatiou, slope, and materials shall also be in accordance with the Subdivisron Engineering Design Manual.
Tie-ins to existing sewer mains, mariholes, or other structure shrll be constructed as directed by the City Engineer.
Separate sewer serwices shall'¡e installed for each property. A: no time shall sewer be joint trench with water.
Sewor lines will not be permitted in easements between the back yards or side yards ofsingle or multi-farnily lots.
69. 70.
71. 73.
74. 75.
76. 77.
78. No perrnanent structures shal': be constructed over proposed ol existing utility easements.
79 ENGINEERING: STREET & TRAFFIC
Developer shall construct and provide right of way for all stçe:.s, curb, gutter, sross gutt€r, drainage facilities, sidewalks, süeetlights, drive approaches, intersections, and otherrelated improvements for the purposes of the development. Developer shall submit street improvement plans prepared by a registered civil engineer to the City Engineer for review and approval and shall inclu&:
(a.) prcliminary soils rcport - including R values taken Êom proposed road locations and infiltration tests taken from aûy proposcd basin site(s); i.) At le¿S two (2) R-value tests will be taken for Los Angeles Ave'nue, one (li for Mannel, one (l) for East Ash Avenue, and three (3) for local interior sbeets dedicated for the do'relopment.
(b.) preliminary engineer's estimate of construction costs; and (c.) plan check and inspection fees.
The drawings shall include all proposed public street pavernent curb, gutter, driveways, streetlights, cross gutter, catch basins, sbiping, signage, haffic signals, and sidewalks along the perimeter of all streets adjacent to or within the project site. Said improvement shall be constructod a¡¡ pcr the street irnprovernent plans approved by thc City Engineer in a marrrer consistent with the Subdivision Engineering Desien Manual. 80 81. Süeet Sections:
(a.) Pavement strultural section calculations shall be performed to vøri$ tho proposed structr¡ral sections and shall be submitted to and approved by the City Engineerwith sheet plans. Caloulations shall use theresults of the Rvalue tests from the soils rePort. (b.) The minimum allowable structural section forLos Angeles Avenue shall be
0.25 feet of .dsphalt Concrete (3/4" AR-4000) over 0.50 feet of Class tr Aggregate Basc over 1.0 feet native material moistened and compacted to cþ standards. Traffic lndex :6.0.
(c.) The minimum allowable structural section for Mannel Avenue shall be 0.21 feet ofAqphalt Concrete (3/4" AR-4000) over 0.42 feet of Class tr Aggregate Base over 1 .0 feet native material moistened and compaoted to citystandards.
Traffic Index = 5,0.
(d.) Tho minimum allowable skuctural section for East Ash Avonue shall be 0.21 feet ofAsphalt Concrete (3/4" AR-4000) over 0.42 feet ofClass tr Aggregate Baseover 1.0 feetnativematerialnroiste,ned andcompactedto citystandards.
Traffic Index = 5.0.
(e.) The minimum allowable structural section for all local interior steets shall be 0.17 feet of Asphalt Concrete (%" AR-400C) over 0,33 feet of Class tr Aggregate B ase over 1 .0 feet native material moistoned and compacted to cþ standa¡ds. Traffic Index = 4.0
(f.) Minimum cross slope shall be 1.5%o constructed. A minimum of 2% cross slope shall be designed and shown on plans.
82. Street Dimonsions:
(a) Los Angeles Avenue shall be developed as aMajor Collector along the entire property line of the subject property, in accordance with standards and specifications ofthe City as approved by the CityEngineer. Developer shall be responsible for developing the north half of Los Angeles Avenue as follows:
i.) Los fuigcles Avenue shall be forty-six (46) feet halfright ofway with thirly-fotr (34) feet centerline to flowline.
ii.) Portions of the existing cold mix/oil sand road shall be demolished and Los Angeles Avenue shall be reconshrcted to its centerline.
Demolition & conskuction beyond the centerline of Los Angeles may be necessary if existing road profile will not accornmodate new conskuotion.
(b.) Ma¡nel Avenue shallbe developed as amodifiedlocal sreet along the entire property line of the subject property, in accordance with standards and speoifioations of the City as approved by the City Engineer. Developer shall be responsible for developing the east half of Mannel Avenuc as follows:
i.) Mannel Ave¡rue shall be thirty-foru (3a) feet half right of way with twenty (20) feet centerline to flowline.
ii.) Developer shall pave a minimum of 26 ûom flowline to west edge of paving in order to provide aminimum of 24' of paving necessary for two way traffic. Crown shall be placed at the centerline. (c.) East Ash Avenue shall be developed as a modified local steet along the eutire property line of the subject propaty, in ac.cordance with standards and specifications ofthe City as approved bythe City Engineer. Developer shall be responsible for developing the south half of East Ash Avenue as follows:
i.) East Ash Avenue shall be thirty-eight (38) feet halfright of way with twenty-five (25) fcet centcrlino to flowlino.
ii.) The location and establishment of the centerline of East Ash Ave'l¡ue shall be governed by the specific plan per City of Shafter Resolution 704. Certiñed copies are available upon request.
iii.) Developers attention is also directed to portions of these conditions entitled: East Ash Àvenue, M¡nnel Avenue, & State tlwy 43 (Central Yalley Hwy)
(d.) All local streets shall be developed as full width streets in accordance with standa¡ds and specifications of the City as approved by the City Engineer.
All local steets shall be fifly-two (52) feet full right of waywith forty (40) feet flowline to flowline.
83. East Ash Avenue & State IIwy 43 (Central Valley Hwy) (a) In order to promote the orderly development of the area, each of the threE developments listed below shall enter into an agreement (ín a. form acceptable to the Cíty of Shøflcy' for required steet improvements. Said agreement shall be prepared by the propefi owilers identífted below, ønd shall ensure that the costs to engineer, design, and construct all required süeet irnprovements are distributed fairly among all affected developmøtts, providing an equitable proration of the improvements,
84. (b.) Developments required to onter into an agreement shall be:
i.) Develope,r for Tract 6490
ii.) Developer forParcel 1 of Pa¡cel Map 10996 (Las Rosas Aparfrnent Complex)
iii.) Developer for Parcel 2 of Parcel Map 10996 (Single Family Residential)
(c.) Required süeet improvements shall be any sFeet improvements required by state or local agency for the following streets:
i.) Mannel Avenue frorn East Ash Avenue south to I¡s Angeles Avenue.
ii.) East Ash from Mannel Avenue east to State Hwy 43.
üi.) Any improvements required by state agency within State Hwy 43. (d.) Design & construction of all required strcct improverments, including any intersection with state Hwy 43 shall be pormitted and approved bythe City of Shafter and the Califomia Deparünent ofTransportation (Caltans), where apPlicable.
The above condítion represents a mitígation measure contained in the Negative Declarøtion for thß project.
Should a strcet transition to another sheet with a nínety (90) degree turn occur, that transition shall be a street knuckle and shall be shown on the final tract map and in the street improvement plans.
Cul-de-sac and street knuckle dimensions & radii to conform to thp Subdivision Engineering DcsignManual and/orthc CityEnginccr. The use ofoffset cul-de-sacs is approved provided theymeet tho requiremonts of the City.
The following sheets shall be striped in accordance with the City Engineer and Caltans Traffio Manual, latest edition. Proposed stiping shall be shown on sheet plans. (4.) Los Angeles Avenue
(b.) Mannel Avenue
(c.) East Ash Avenue
87. Sheet signs shall be installed per City standards as required by the City Engineer.
88. All utilities proposed under paving shall be installed prior to paving. Cover over utilities shall be a depth as approvod by the City Engineer.
During constn¡ction, the applicant shall maint¿in the project, including adjaoent steets in a dust free condition. This condition applies at all times including weokends, evenings and night time hours, During construction operations, oleanup of soil from the public roadways shall be required, if deemed necessary, by the City Engineer.
Driveway approaches shall be constnrcted in amannerconsistent with therequirements for residential approaches as set forth inthe City's Subdivision and EngineeringDesignManual.
85. 86.
89. 90.
91. 92.
93. 94.
95. 96.
Sidewalk, including curb, shall bc five (5) feet wide and shall be plaoed behind the curb on all streets. Transitions at intersections and wheelchair ramps shall be provided and installed per City's Subdivision and Engineering Design Manual.
Monument and monument covers shall be set per City Standads.
Temporary turnarounds, ifrequired, including right of wa¡ shall be grærted, designed, & installed per the Subdivision and Enginesring Design Manual.
Property line locations shall be markedwith a chiseled line on the top ofcurb for allproperty lines. The location of all server laterals shall be indicated on the top of curb with a stamped ..srt.
Street lighting shall be installed in accordance with the City Engineering & Subdivision Design Manual as directed by the City Engineer. Developer shall coordinate with Pacific Gas & Electric to ensure that the street lights are established under the LS-28 rate schedule.
Seoondary acccss easemonts shall be provided at the rcquest of the City Engineer. Within any given phase of development, secondary access oasements and improvements shall be provided in a manner approved by the Cþ Engineer. Access roads shall be twelve (12) feet in width and shall consist of three (3) inches of olass tr aggregate base over six (6) inches of native material compaoted to 9O%o relative mCIcirnr¡m density. 97 A waiver of direct access shall be dedicated and shown on the final map as follows:
(a.) Along the north ptoperty lines of lots 22 througtr3? (b.) Along the west property lines of lots 32 through 39 and 88 through 93 (c.) Along the south property lines of lots I through 6 and 94 through 97 (d.) Along the south property lines of lot 39
(e.) Along the north property lines of lot 88
(f.) Along the cast property lines of lot 97
(g.) Alongthewestpropertylinesoflot 1
Blue Botts' dots shall be placed at the center of the sEeet for each fïre hydrant.
A City benchmark shall be established in the top of curb north at the northeast corner ofl,os Angeles Avenue and Mannel Avenue. Benchmark shall be indicated as a chiseled or stamped "X" in the top of cwb at either end of the curb retum. Elevation shall be certified by a licensed land surveyor for the State of California. Level circuit data and caloulations shall be submitted to the City of Shafrer for approval.
ENGINEERING: LAIIDSCAPING
100. All landscaping plans including plants, irrigation equipment, points of connection to water línes, eloctrical serT ¡ices for timcrs, ligfiting, ctc. shall be approved by the City Engineer prior to construction.
98. 99.
101. A masonry wal[, or approved alternative, is to be installed:
(a.) Along the north property lines of lots 22 tfuouSt32 (b.) Along the west property lines of lots 32 through 39 and 88 throueh 93, (c.) Along the south property lines of lots 1 through 6 and 94 through 97 (d.) Along the east property lines of lots 6 through 2l L02. 'Wall plans, rnaterials, dimerisions to be approved by Cityprior to construction. 103 Landscaping plans including irrigation timers, pipíng, sprinklers, fittings, plants, trees, turf shall be approved by the City.
104. Landscaping water service poínt of connection shall be approved by the City Engineer, Sleeves shall be placed under the proposed paving for laadscaping piping per the City Engineer.
105. Landscaping plumbing & eleotrioal shall bs designed for all phases of thc tract. 106. Developershallplace thee,ntire subdivisionwithin anew orpre-existingLandscape/Lighting Maintonanoe DisFict, prior to aoceptance of improvements by the City. (a.) The maintenance dishict shall be set-up to cover the cost of steet lighting, draiuage basin maintenance, and landsoaping maintenance, as well as all administrative costs associated with the City's management of the district. (b.) The Developer shall be required to cover the cost of sheet lighting maintain all landscaping, including the replacement of any tees or shn¡bs that do not suwive, within public right-otway and landscape oasements for a period of six (6) months after final inspection of the landscape improvernents, or until such time as the maintenance district is formed, whichever shall occu¡ last. (c.) Developer shall be fully responsible for the formation, and forrtation cost of the Landscape/Lighting Maintenance Dishict as directed by the City Engineer.
(d.) Developer shall be fully responsible for paing the cost of water for all landscaping and elechicity for the street lights until such time as the maintenance district is formed.
EXHIBIT 6'E'' TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 2I.20
HOUSE PLANS AND ELEVATIONS
PLAN I (1665)
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f(ern California
EXHIBIT 2
ORDINANCE NO. 750
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA, APPROVING AND ADOPTING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 21-20 FOR TENTATIVE TRACT NO. 6490.
WHEREAS, the City of Shafter (“City”) and Summit Capital Ventures, Inc. (“Owner”), entered into a Development Agreement (“DA”) dated April 5, 2022, and recorded April 13, 2022, as Entry No. 222057077 in the office of the Kern County Recorder; and WHEREAS, the approved DA guides the development of the Tentative Tract No. 6490 as described in Exhibit “A” (“Property”); and
WHEREAS, the DA sets the minimum single family dwelling unit size language at 1,600 square feet and the average unit size at 1,800 square feet; and WHEREAS, the DA provides four house plans and elevations as an appendix; and WHEREAS, the Owner has requested revisions to the current DA as described in Exhibit “B” (“First Amendment”); and
WHEREAS, the First Amendment would revise the minimum unit size language from 1,600 to 1,441 square feet and the average unit size from 1,800 to 1,600 square feet in the DA; and WHEREAS, the First Amendment would also revise the four house plans and elevations in the DA; and
WHEREAS, the revisions because of the First Amendment will be beneficial to the City by providing a more affordable housing product within the historic core of the City while at the same time not reduce the total number of units being built within the tract or sacrificing the quality of the units; and
WHEREAS, the Owner has incurred and will in the future incur substantial costs to assure development of the Property in accordance with the DA and this First Amendment; and WHEREAS, the Owner has incurred and will in the future incur costs more than the generally applicable requirements to assure vesting of legal rights to develop the Property in accordance with the DA and this First Amendment; and
WHEREAS, on October 10, 2023, the Planning Commission of the City of Shafter recommended the City Council adopt the First Amendment to DA No. 21-20 for Tentative Tract No. 6490 under Resolution No. 23-429; and
WHEREAS, the City Council has determined that, per Section 15061(b)(3) of the California Environmental Quality Act Guidelines, it can be seen with certainty that the action will not cause a significant effect on the environment, and therefore, the action is exempt from CEQA; and
Shafter City Council Ordinance No. 750
November 21, 2023
WHEREAS, the City Council, through the City Clerk, did set Tuesday, November 7, 2023, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title 17 of the Shafter Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings incorporated herein are true and correct.
SECTION 2. Based on the entire record before the City Council and all written and oral evidence presented to the Council, the Council finds the First Amendment to the DA attached here to as Exhibit “B” is consistent with the General Plan and systematically implements the goals and objectives of the General Plan. The First Amendment will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to the general welfare of the residents of the City as a whole.
SECTION 3. The First Amendment will not adversely affect the orderly development of property or the preservation of property values.
SECTION 4. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council hereby finds and determines, that it can be seen with certainty that adoption of this Ordinance and approval of the First Amendment will not have a significant adverse effect on the environment. Thus, the adoption of this Ordinance and approval of the First Amendment is exempt from the requirements of CEQA pursuant to Sections 15061(b)(3) of the CEQA Guidelines.
SECTION 5. Based on the entire record before the City Council, including the above findings and all written and oral evidence presented to the City Council, the City Council hereby adopts the First Amendment, as shown in Exhibit “B”, attached hereto, and made part of this Ordinance as though fully set forth herein.
SECTION 6. If any provision of this Ordinance or the application thereof is for any reason held to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared severable.
SECTION 7. The Council hereby approves the First Amendment in substantially the form presented to the Council, together with such additions favoring the City and non-substantive revisions as may be approved by both the City Manager and the City Attorney during execution of the First Amendment.
SECTION 8. The City Manager is hereby authorized to execute the First Amendment on behalf of the City and City staff is authorized to take any action and execute all necessary documents to implement the First Amendment.
Shafter City Council Ordinance No. 750
November 21, 2023
SECTION 9. The City Clerk is directed to record the First Amendment with the Kern County Recorder, no later than 10 days after the First Amendment is fully executed.
SECTION 10. This Ordinance shall take effect 30 days after its final passage and adoption and, within 20 days after its adoption, a copy of same shall be published and circulated in the City of Shafter together with the names of the members of the City Council voting for and against the same.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF NOVEMBER, 2023. _____________________________
Chad Givens, Mayor
ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
____________________________
Marco A. Martinez, City Attorney
TENTATIVE
TRACT MAP NO. 6490
BEING A DIVISION OF LOT 13 AND'IHE WEST HALF OF LOT
14 OF fiE SALES MAP OF LANOS OF THE KERN COUNW
LAND COMPANY, ALSO BEING PORTONS OF NORTHEAST
QUARTER OF SECNON 15, T. 28 S., R. 25 E., M.D.M., CITY
OF SHAF'IER, COUNTY OF KERN, STATE OF CALIFORNIA
CONTAINING 29.4 ACRES 107 SINGLE FAMILY LOTS
rNc SUMMIT
OWNEF/AUEOMÞER'
CAPITAL VENTURES.
ATOI SWIGERT C OURT
E¡AKTRSFIELD, CA. 953'1 1
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1. THE SOUTH HALF OF THE DEVELOPMENT MUST BE THE FIRST PHASE OF CONSTRUCTION.
2. S. MANNEL AVENUE, FROM E. LOS ANGELES TO LA DANTE ST. WILL NEED TO BE CONSTRUCTED WITH PHASE 1. THE PORTION OF S. MANNELAVE, NORTH OF PHASE 1 TO BE CONSTRUCTED AS DIRECTED BY THE CITY ENGINEER.
3. A TEMPORARY STREET TURN_AROUND WILL BE REQUIRED AT THE NORTH END OF LACF/ ST. AT THE PHASE BOUNDARY.
4. ALL WATER IMPROVEMENTS IN S. MANNEL, BETWEEN E. LOS ANGELES AND E. ASH AVE. WILL BE REQUIRED TO BE CONSTRUCTED WIÏH PHASE 1.
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Exhibit A
RECORDING REQUESTED BY,
AFTER RECORDING RETURN TO:
City of Shafter
Attn: City Clerk
336 Pacific Ave.
Shafter, CA 93263
Exempt from filing fees per Gov’t Code §27383
(space above for Recorder’s use)
FIRST AMENDMENT
TO
TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21-20
BETWEEN CITY OF SHAFTER
AND SUMMIT CAPITAL VENTURE, INC.
This FIRST AMENDMENT TO TENTATIVE TRACT NO. 6490 DEVELOPMENT AGREEMENT NO. 21-20 BETWEEN CITY OF SHAFTER AND SUMMIT CAPITAL VENTURES, INC. (“First Amendment”) is entered into effective as of the ____ day of _______________, 2023 (“First Amendment Effective Date”), by and between CITY OF SHAFTER, a California municipal corporation (“City”), and SUMMIT CAPITAL VENTURE, INC., a California corporation (“Owner”). The City and Owner are sometimes hereinafter referred to as “Parties”.
RECITALS
A. City and Owner entered into that certain Tentative Tract No. 6490 Development Agreement No. 21-20 between City of Shafter, a California municipal corporation, and Summit Capital Venture, Inc., a California corporation, dated April 5, 2022, recorded April 13, 2022, as Entry No. 222057077 in the office of the Kern County Recorder (“Development Agreement”).
B. The Development Agreement affects certain real property located in Kern County, California, as more fully described on Exhibit A attached hereto and incorporated herein by reference (“Property”).
C. The Parties now wish to amend the Development Agreement to revise the language in Section 7.10 to change the minimum single family dwelling unit size language from 1,600 to 1,441 square feet and the average dwelling unit size of all plans being offered from 1,800 to 1,600 square feet.
D. The Parties also now wish to amend the Development Agreement to revise the four original house plans and elevations shown in Exhibit E of the Development Agreement to four new house plans and elevations as shown in Exhibit B attached hereto and incorporated herein by reference.
AMENDMENTS
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner agree to amend the Development Agreement as follows:
Exhibit B
1. Recitals; Defined Terms. The recitals above are hereby incorporated herein by this reference as if fully set forth in this paragraph. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Development Agreement.
2. Minimum Dwelling Unit Size. Section 7.10 of the Development Agreement is hereby amended to read as follows:
“Owner agrees that the minimum single family dwelling unit size permitted in the subdivision shall be no less than 1,441 square feet of living space, with an average dwelling unit size of all plans being offered of not less than 1,600 square feet of living space. The minimum square foot requirement excludes garages, patios and/or porches whether enclosed or not.”
3. House Plans and Elevations. Exhibit E of the Development Agreement is hereby amended with Exhibit B of this First Amendment.
4. Confirmation. Except as amended and revised by this First Amendment, all terms and conditions in the Development Agreement remain unchanged and in full force and effect. In the event of any conflict between the terms of this First Amendment and the Development Agreement, this First Amendment shall control. This First Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, City and Owner have executed this First Amendment as of the First Amendment Effective Date.
[Signatures and Acknowledgments Follow]
OWNER:
SUMMIT CAPITAL VENTURES, INC., a
California corporation
By:
Name:
Its:
CITY:
CITY OF SHAFTER, a California municipal
corporation and charter city
Chad Givens
City of Shafter Mayor
ATTEST:
Yazmina Pallares
City Clerk
APPROVED AS TO FORM:
Marco Martinez
City Attorney
STATE OF CALIFORNIA )
ss
COUNTY OF ______ )
On this ______ day of ________________, 2023, before me personally appeared ___________________, personally known to me or whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this document, and who acknowledged that he signed the foregoing document, as the ____________________ of Summit Capital Ventures, Inc., a California corporation.
Notary Public
EXHIBIT A
(Legal Description of the Property)
EXHIBIT B
(Revised House Plans and Elevations)
GREAT ROOM
DINING ROOM
KITCHEN
BATHROOM 1
2 CAR
GARAGE
W.I.C.
COVERED
PORCH
FOYER
UTILITY
MASTER
BATHROOM
MASTER
BEDROOM
HALLWAY
BEDROOM 1
BEDROOM 2
HALLWAY
OPTIONAL
COVERED PATIO
GREAT ROOM
DINING ROOM
KITCHEN
BATHROOM 1
2 CAR
GARAGE
W.I.C.
COVERED
PORCH
FOYER
UTILITY
LINEN
MASTER
BATHROOM
MASTER
BEDROOM
HALLWAY
BEDROOM 1
BEDROOM 2
HALLWAY
OPTIONAL
COVERED PATIO
PANTRY
FAMILY ROOM MASTER BEDROOM MASTER BATHROOM KITCHEN HALLWAY 2 CAR COVERED GARAGE PORCH FOYER DINING ROOM BEDROOM 1 BEDROOM 2 BEDROOM 3 UTILITY BATHROOM 1 W.I.C. W.I.C. W.I.C. CLOSET HALLWAY VEST. HALLWAY BEDROOM 1 DEN BEDROOM 3 BATHROOM 1 W.I.C. W.I.C. CLOSET OPTIONAL COVERED PATIO UTILITY W.I.C.
GREAT ROOM MASTER BEDROOM MASTER BATHROOM KITCHEN HALLWAY 2 CAR GARAGE COVERED PORCH ENTRY BEDROOM 2 UTILITY W.I.C. OPTIONAL COVERED PATIO BEDROOM 3 BEDROOM 1 DINING ROOM LIVING ROOM PANTRYLINEN HALLWAY BATHROOM 1 MASTER BATHROOM W.I.C. BEDROOM 3 PANTRY POWDER BATHROOM HALLWAY BATHROOM 1 DEN COVERED PORCH ENTRY PANTRY HALLWAY
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Education Partnership Director SUBJECT: CIVIC ENGAGEMENT WITH RICHLAND SCHOOL DISTRICT
STUDENTS
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve the invitation to student councils from Grow Academy, Richland Junior High, and a subset of Shafter High (6 of the 30 students) to meet with City staff, shadow Council at a City Council meeting, receive City polo shirts, and attend a trip to Sacramento to meet elected officials and tour the Capitol. Confirm that this expenditure is not a gift of public funds.
BACKGROUND
The City annually engaged with Richland Junior High student council for many years, inviting them to City Hall and the Capitol in Sacramento and providing them with exposure to local and state government activities. This initiative was interrupted by the COVID-19 pandemic. The Education Committee suggests including all public junior high and high schools in Shafter.
ANALYSIS
This project helps connect student leaders to local and state government and enhances civic education in the City.
In the past, the invitation for this project was extended to Richland Junior High. Since that time, Grow Academy has added junior high students and a student council. The Education Committee recommended expanding the project to include student councils from all public junior high and high schools in the City: Richland Junior High, Grow Academy, and Shafter High School. Shafter High has a student council of 30 students.
City staff, in consultation with Shafter High staff, determined that a more limited group of the President, Vice-President, and the four Class Presidents could be invited.
In prior years, students traveled by train to Sacramento. Current train schedules make this less convenient than in the past. At approximately $50 per person, the cost is comparable to a charter bus, which offers more flexibility in schedule and lower risk of delays. The charter bus cost is an estimate based on quotes, though it could be
CIVIC ENGAGEMENT WITH RICHLAND SCHOOL DISTRICT STUDENTS - 2 -
reduced, depending on the number of students who are able to attend. The cost of meals is based on the City's per diem schedule.
School/Entity Students Advisors Shirts
(Students
only $20
each)
Travel
(Charter
Bus)
Meals
($51.75
per
person)
Total
Richland Jr.
High
6 1 $120 $362 $482
Grow
Academy
9 1 $180 $518 $698
Shafter High 6 1 $120 $362 $482
City of Shafter 0 2 $0 $104 $104
Total 21 5 $420 $3,500 $1,346 $5,346
FISCAL IMPACT
If approved by the City Council, the modest cost can be covered with general fund reserves. The expenditure of type is determined not to be a gift of public funds because 1) it has been made available for participation of all the local schools, and 2) it promotes the city of Shafter in a good light involving local students to participate in civic engagement.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of staff to engage with high school students 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
ALTERNATIVES
Council could determine to separate the visit to City Hall from the trip to Sacramento and approve one or the other. Council could also restrict the project to only Junior High students or only High School students.
NEXT STEPS
If approved, City Staff will coordinate with school staff to schedule the visit to City Hall and Council meeting as well as coordinate the trip to Sacramento.
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Education Partnership Director SUBJECT: AUTHORIZATION OF THE PURCHASE OF LIBRARY OUTREACH
VEHICLE FROM TECHOPS SPECIALTY VEHICLES IN THE
AMOUNT OF $226,900
RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; accept proposal for purchasing one Library Outreach Vehicle from Techops Specialty Vehicles; and authorize the Education Partnership Director to issue a purchase order for said vehicle for a total cost of $226,898.92.
BACKGROUND
At the regular City Council Meeting on March 7, 2023, Council approved a funding list for the use of American Rescue Plan Act (ARPA) Phase II funds. This included $250,000 for a Library Outreach Vehicle. In consultation with other libraries and library vehicle vendors, staff determined to solicit bids for a diesel Mercedes Sprinter. The bid process was completed with two (2) bids received and publicly opened on September 29, 2023. The confirmed bid results are as follows:
Company Name Bid Amount
Farber Specialty Vehicles $276,950.00
Techops Specialty Vehicles (TOSV) $226,898.92
ANALYSIS
Techops Specialty Vehicles (TOSV) submitted the lowest responsive bid of $226,898.92 with delivery in the second quarter of the 2024 calendar year. TOSV has completed vehicle projects for law enforcement, medical, fire, and other government uses. They have completed more than twenty-five (25) library vehicle projects, including in California (Butte County, Calaveras County). The bid is within the budgeted amount of $250,000.
FISCAL IMPACT
AUTHORIZATION OF THE PURCHASE OF LIBRARY OUTREACH VEHICLE FROM TECHOPS SPECIALTY VEHICLES IN THE AMOUNT OF $226,900
- 2 -
The Council previously authorized the City's allocation of the American Rescue Plan Act (ARPA) for the purchase of the requested vehicle. To date, there is still sufficient funding to proceed, and no budget action is requested.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the authorization to purchase a library outreach vehicle and therefore, it is the creation of a governmental funding mechanism 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
Not Applicable
ALTERNATIVES
Council could decide not to proceed with a Library Outreach Vehicle and allocate the ARPA funds to other projects. As this bid meets project requirements and is within budget, this is not recommended.
NEXT STEPS
Upon Council approval to proceed, the Education Partnership Director will notify the vendor and issue a purchase order. Payment will be made after delivery of the vehicle.
ATTACHMENTS
1. Library Vehicles Examples
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: November 7, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AWARD PLAN CHECK SERVICES CONTRACTS TO PLAN
CHECKING SERVICES
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; accept six (6) proposals received for Plan Checking Services; authorize the Public Works Director discretion to issue professional services contracts to either of the firms submitting said proposals; and authorize expenditures up to $50,000 for providing plan checking services.
BACKGROUND
Public Works conducted a Request for Proposals (RFP) for professional services to assist the Engineering Division with reviewing improvement plans for various residential, commercial, and industrial developments. The services are particularly important upon the retirement of the current City Engineer, which becomes effective this November 17th, to ensure the new City Engineer has a reasonable amount of time to adjust and develop into the position.
Six firms that submitted proposals in response to the RFP are listed below.
Firm Name Location
SORA Engineering Oakland, CA
Cornerstone
Engineering Bakersfield, CA
G+R Engineering, Inc Fullerton, CA
Ladayu Consulting
Group
Palos Verdes
Estates, CA
San Joaquin
Engineering, Inc Bakersfield, CA
McIntosh & Associates Bakersfield, CA
ANALYSIS
AWARD PLAN CHECK SERVICES CONTRACTS TO PLAN CHECKING SERVICES - 2 -
The firms submitted did not submit costs for a fixed scope of work. Instead, their proposals focused on staff resumes, qualifications, organizational structures, relevant experience, and billing rates. Based on these factors, the proposals were ranked as follows:
1 McIntosh & Associates
2 San Joaquin Engineering, Inc
3 Ladayu Consulting Group
4 Cornerstone Engineering
5 G+R Engineering, Inc
6 SORA Engineering
Due to the amount of work the City could potentially require in the coming months, as well as to avoid potential conflicts of interest for firms serving as design engineers for private developments within the City, more than one of the listed firms could be utilized. Regardless of how many firms are ultimately used, the estimated plan checking services cost for this fiscal year is $50,000. Fees paid by developers for reviewing their improvement plans should at least offset most of the anticipated costs.
FISCAL IMPACT
The Public Works Engineering Division operating budget account for engineering services (0100-40-400-18-00-510401) has a balance of $86,732.10, which is sufficient for funding the anticipated $50,000 in plan check services.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a plan check services contract to check plans for projects that have already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other 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
Not Applicable
ALTERNATIVES
The Council can direct staff to commit all contracted plan check services to one of the firms that submitted a proposal, seek more proposals for consideration, or reject all current proposals to preserve Engineering Division funds for other purposes. Unfortunately, the amount of work anticipated and potential conflicts of interests firms may have with a particular development make an award to one firm very challenging. More proposals can always be added to the approved list of firms, but there is an immediate need to have at least one firm commence work. Finally, as previously stated, funding these contracted services allows the new City Engineer some valuable time to develop into the new role while not impeding the processing of improvement plans. Therefore, alternative action is not recommended.
AWARD PLAN CHECK SERVICES CONTRACTS TO PLAN CHECKING SERVICES - 3 -
NEXT STEPS
Upon Council authorization, staff will begin contracting for plan check services. The work will be monitored and administered by the new City Engineer.
ATTACHMENTS
1. G+R Engineering Proposal
2. Ladayu Proposal
3. San Joaquin Engineering Proposal
4. McIntosh & Associates Proposal
5. SORA Engineering Proposal
6. Cornerstone Engineering Proposal
1 PROPOSAL FOR SERVICES
PUBLIC IMPROVEMENT
PLAN CHECKING SERVICES
G+R Engineering, Inc
1105 S Euclic St. Ste D228
Fullerton CA 92832
[email protected] | 562-304-3863
Prepared By:
G+R Engineering, Inc
Giancarlo Moral, PE
2 10/20/2023
Michael James, Public Works Director
City of Shafter Public Works Department
336 Pacific Ave
Shafter CA 93263
Subject: Proposal Submission for Public Improvement Plan Checking Services Dear Mr. James:
We’re excited to submit our proposal in response to the Request for Proposals (RFP) for Plan Checking Services issued by the City of Shafter. G+R Engineering Inc is honored to have the opportunity to be considered as a partner in providing high-quality improvement plan checking services to the City of Shafter.
Our firm is dedicated to delivering exceptional engineering solutions and plan checking services. We are committed to upholding the highest standards of professionalism, precision, and efficiency in every project we undertake.
As requested in the RFP, our cover letter includes the following key information:
Firm Name: G+R Engineering Inc
Address: 1105 S Euclid Ste. D228
Contact Information: 562-304-3863 | [email protected] Authorized Representative for Questions: Giancarlo Moral Authorized Representative for Contract Negotiations: Giancarlo Moral We acknowledge and understand the contents and requirements of the RFP, including the Scope of Work and associated expectations outlined therein. We are fully prepared to meet the needs of the City of Shafter in providing plan checking services that align with your objectives and adhere to the Scope of Work detailed in the RFP.
Our team possesses extensive experience in residential, commercial, and industrial development, and we are well-equipped with the necessary licenses and resources to execute the work efficiently and in compliance with all relevant standards.
We look forward to the opportunity to discuss our proposal in detail and to answer any questions the City may have during the evaluation process. Please feel free to reach out to Giancarlo at 562-304-3863 for any inquiries or clarifications.
Thank you for considering our proposal. We appreciate your time and consideration and are eager to contribute to the success of the City of Shafter's projects.
Sincerely,
Giancarlo Moral
President
G+R Engineering Inc
562-304-3863 | [email protected]
3 CONTENTS
Proposal Form 4
Estimate of Deliverable Costs 6
Scope of Work and Associated Work Plan 7
Firm Qualifications & Relevant Experience 8
Firm Organizational Chart & Proposed Staffing Plan 9
Employee Project Resumes and Qualifications 10
Giancarlo Moral 10
Alfred Lee 12
Danh Lai 15
Ben Jimenez 17
Closing Statement 18
4 GIANCARLO MORAL
PROPOSAL FORM
PUBLIC IMPROVEMENT PLAN CHECKING SERVICES
To: City of Shafter
Public Works Department
ATTN: MICHAEL JAMES, PUBLIC WORKS DIRECTOR, [email protected] 720 Commerce Way
Shafter, CA 93263
In compliance with your Request for Proposal, the undersigned, hereinafter termed the Offeror, proposes to enter into a Contract with the City of Shafter to provide the necessary services for:
RFP – PUBLIC IMPROVEMENT PLAN CHECKING SERVICES
The Offeror has carefully examined and fully understands the Contract, General Conditions, Special Conditions, General Requirements, Scope of Work, and other documents hereto attached, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his Offer is accepted, he will contract with the City of Shafter in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the terms and conditions of this solicitation, scope of work, and sample Contract.
In accordance with the foregoing, the undersigned proposes to perform engineering services as discussed in the request for proposal and any approved addenda, in accordance with the items listed in the attached Offer schedule for the unit prices stated.
The Offeror agrees that the cost of services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.
If this Offer shall be accepted by the City of Shafter and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Shafter may, at its option, determine that the undersigned abandoned the Contract and thereupon this offer shall be null and void.
Offeror acknowledges receipt of the following addenda: .
I certify that this offer is made without prior understanding, Contract, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards.
I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer.
Offeror further declares that the full name and resident address of the Offeror’s Principal is as follows:
5 OFFEROR:
Company Name:
Mailing Address:
G+R Engineering, Inc
1105 S Euclid St Ste. D228 Fullerton CA, 92832
Phone: 562-230-3863 Fax: 626-226-5550
Authorized
Signature:
Print/Type Name:
Title:
Date:
Giancarlo Moral
President
10/20/2023
6 Estimate of Deliverable Costs
Deliverable $ per hour Estimated # of hrs.
per sheet**
Estimate of
costs per sheet
Residential:
Grading plan, 1”=50ft $115.00 2.0 $230.00
Sewer / Water Plans & profile $115.00 2.0 $230.00
Street / Storm Drain Plans & profile $100.00 1.5 $150.00 Wall Plan & Profiles $100.00 1.5 $150.00
Public Landscaping $95.00 1.0 $95.00
Park Grading $95.00 2.0 $190.00
Cover Sheets, Notes, & Detail Sheets $70.00 0.5 $35.00
Commercial / Industrial:
Site grading plan, 1”= 40 ft $130.00 2.0 $260.00
Offsite Sewer / Water Plans & profile $130.00 2.0 $260.00 Offsite Street / Storm Drain Plans & profile $130.00 2.0 $260.00 Cover Sheets, Notes, & Detail Sheets $70.00 0.5 $35.00
**Estimated number of hours per sheet is presented for cost estimation purposes only and is based on staff experience in checking development plans. Times estimates do not include rechecks Consultant will review the plans and submit an actual estimate of hours necessary for one plan check and receive approval from the City before work may commence. Cost estimates for rechecks or additional checks will be treated similarly.
7 Scope of Work and Associated Work Plan
G+R Engineering Inc understands the scope of work outlined in the Request for Proposals (RFP) for Plan Checking Services issued by the City of Shafter. Our interpretation of the scope of work is as follows:
Plan Review and Assessment:
G+R Engineering Inc will diligently review and assess improvement plans for residential, commercial, and industrial developments within the City of Shafter. This will encompass a thorough examination of all relevant plans, including but not limited to grading plans, water construction plans, sewer construction plans, street construction plans, storm drain construction plans, wall and public fence construction plans, as well as public park plans. Our goal is to ensure that all proposed construction designs, materials, and methods align with the city's standards, existing site conditions, and sound general engineering practices.
Compliance and Adherence:
We will rigorously verify that all proposed improvements conform to the city's subdivision improvement and design standards. For residential developments, our team will meticulously ensure that all proposed improvements are in accordance with the approved tentative map, development agreement, specific tract conditions of approval, and the city's subdivision improvement and design standards. In the case of commercial and industrial developments, our focus will be on alignment with the approved development site plan, development agreement, or site-specific conditions of approval.
Technical Expertise:
G+R Engineering Inc recognizes the importance of having a highly qualified team to carry out these plan checks. Our team includes experienced professionals with expertise in grading, water systems, sewer systems, street construction, storm drainage, structural elements such as walls and fences, and compliance with Americans with Disabilities Act (ADA) requirements for public park plans.
Timely and Cost-Efficient Services:
We are committed to delivering plan checking services in a timely and cost-efficient manner. Our approach prioritizes both accuracy and efficiency, ensuring that projects progress smoothly and meet established deadlines.
We are fully prepared to provide comprehensive plan checking services that align with the City of Shafter's vision and objectives, as outlined in the RFP. If there are any specific additional details or requirements related to the scope of work that the City would like to discuss or modify, please do not hesitate to contact us.
We are eager to collaborate closely with the City throughout the project's duration to achieve successful outcomes.
8 Firm Qualifications
G+R Engineering Inc is a distinguished engineering firm specializing in civil and electrical engineering services. We are committed to delivering exceptional quality and expertise in all our projects. Our qualifications align perfectly with the requirements outlined in the Request for Proposals for Plan Checking Services.
Experience and Expertise:
Civil Engineering: Our team boasts a wealth of experience in civil engineering, with a strong focus on structural design, water distribution, sewer systems, streetscape development, storm drainage, and various other aspects of civil infrastructure. We are well-versed in local regulations and industry standards, ensuring that our projects consistently meet or exceed expectations.
Electrical Engineering: In the realm of electrical engineering, we have a seasoned professional, Danh Lai, P.E., who brings over 30 years of expertise. Danh specializes in control and telecommunication networks, with a background in large-scale systems. His unique skill set adds a valuable dimension to our service offerings.
Certifications and Licenses:
Giancarlo Moral, P.E.
Licensed Mechanical Engineer
License Number: 36752
Danh Lai, P.E
Licensed Electrical Engineer
License Number: 14165
Ben Jimenez, P.E.
Licensed Civil Engineer, Grade 2 Certification
License Number: 83091
Project Management Excellence:
Our project management capabilities are second to none. We have successfully managed a diverse range of projects, ensuring they are completed on time and within budget. Our emphasis on effective project management enables us to provide clients with cost-efficient solutions.
Client-Centric Approach:
At G+R Engineering Inc, our clients are at the heart of everything we do. We prioritize clear communication, collaboration, and responsiveness to client needs. Our team is dedicated to providing exceptional customer service throughout the project lifecycle.
G+R Engineering Inc brings a rich history of successful projects, a team of highly qualified professionals, and a client-focused approach to the table. We are eager to leverage our expertise to meet the City of Shafter's plan checking needs and contribute to the success of upcoming development projects.
9 Firm Organizational Chart & Proposed Staffing Plan
Giancarlo Moral
Title: Project Manager
Roles: Civil, Mechanical Engineering Expert, Building and Residential Plans Examiner Alfred Lee
Title: Sewer Expert
Roles: Contractor
Ben Jimenez
Title: Water Expert
Roles: Plan Examiner
Danh Lai
Title: Electrical Expert
Roles: Contractor
Robert Badoux
Title: Staff
Diego Catano
Title: Staff
Staffing Rationale:
Giancarlo (Gian): As the Project Manager, Giancarlo will provide overall leadership, coordination, and technical expertise. He will also serve as a Civil and Mechanical Engineering Expert and Building and Residential Plans Examiner, ensuring the quality and compliance of improvement plans. Gian will serve as the dedicated Plan Examiner, contributing to the thorough review and assessment of all plans.
Alfred: Alfred, with his expertise in sewer systems, will contribute specialized knowledge to the team and serve as a contractor when needed for sewer-related aspects of projects.
Ben: Ben's role as the Water Expert and Plan Examiner will focus on ensuring the water systems within improvement plans meet the necessary standards and guidelines.
Danh: Danh, our Electrical Expert, will provide specialized electrical engineering insights and can step in as a contractor when electrical expertise is required.
Robert Diego: Robert and Diego will be valuable support staff, assisting with various tasks as needed to facilitate the efficient execution of plan checking services.
Please note that the proposed staffing plan is designed to leverage the unique expertise of each team member to ensure comprehensive plan checking services in line with the City of Shafter's requirements.
10 Employee Project Resumes and Qualifications
Giancarlo Moral
Professional Background
• Giancarlo holds a degree in Civil Engineering (Structural Option) from Cal Poly Pomona. • He is a licensed Mechanical Engineer with license number M36752.
Relevant Work Experience
• Extensive experience managing development projects as the primary engineer. • A proven track record in reviewing Natural Gas elevated pressure requests, plumbing plans, and site plans to approve new customer requests.
• Served as the primary engineer for various projects, including District Regulator Stations and Large Meter Set Assemblies.
• Expertise in system planning and modeling using Synergi for gas distribution pipeline steady state analysis.
• Managed support and coordination for the demolition of parking canopies for the installation of solar panels as Facilities Engineer.
• Provided gas and mechanical engineering support to other bureaus and divisions. • Coordinated construction activities and provided engineering support to inspection/construction teams.
• During the pandemic, he facilitated Webex trainings, implemented new web-only plan review processes, and conducted virtual formal plan reviews.
• Performed formal plan review for commercial T.I.s, other minor commercial projects, formal plan review of larger and more complex residential projects using the current 2022 CBC, 2022 CRC code cycles.
• Coordinated with Planners to implement Municipal codes regarding Accessory Dwelling Units. • Has been responsible for data gathering, analysis, and identification of distribution integrity system threats (DOT's Distribution Integrity Management Plan threats). • Has provided data for DOT/PHMSA's Annual Report and acted as an engineering liaison for the leak survey team.
• Assisted with the design and implementation of pipeline operations and maintenance programs, including sizing of pipe and design of meter set assemblies.. • Well versed in working with various city departments and private customers to discuss successful CIP project delivery and cost estimates.
• Part of the GIS update team, reviewing and inputting pipeline as-builts into GIS. • Supported the review and analysis of Sempra's natural gas transmission and storage pipeline system records.
• Maintained, updated, and quality-controlled basemaps for sewer, storm drain, street, and water plans. • Experienced in drafting, surveying, and using software tools such as AutoCAD and InRoads. • Experienced in operating survey equipment, including the Trimble M3 Total Station with TDS Survey Pro Data Collector.
11 Expertise and Specializations
• Giancarlo's expertise spans a wide range of engineering disciplines, including mechanical, civil, and structural engineering.
• His background and experience make him well-qualified to manage complex development projects and conduct thorough plan reviews.
References:
Jenny Gough
Reference Type: Professional
Position: Systems Analyst
Email Address: [email protected]
Phone Number: (310) 618-2832
Florentino Ferrer
Reference Type: Professional
Position: Survey Party Chief
Phone Number: (626) 437-0038
Ted Symons
Reference Type: Professional
Position: Associate Civil Engineer
Email Address: [email protected]
Phone Number: (310) 618-5990
Brian Payne
Reference Type: Professional
Position: Principal Engineer
Email Address: [email protected]
Phone Number: (805) 527-3300
These references can attest to Giancarlo's qualifications, experience, and expertise.
12 Employee Project Resumes and Qualifications
Alfred Lee
Professional Background
• Principle for APB General Engineering, CSLB #1038184
• Experienced construction manager with a strong track record in overseeing projects for multiple public entities.
Relevant Work Experience
1. West County Wastewater District (WCWD)
Project Manager: Keith Reynolds
• Successfully completed 9 pipeline replacement jobs for WCWD ranging from $400,000 to 1,100,000. Most of the work of pipe bursting 6” VCP with 8” HDPE DR 17 in both easement and public ROW. Below is a list of the project names. The list of projects does not include the emergency response work. All of which were completed, between 2020-2023, without incident or liquidated damages.
o Basin 7 – Sutter
o Basin 7 – California
o Basin 7 – Post
o Basin 7 – Bush
o WCWD – Area 3
o WCWD – Area 4
o WCWD – Area 9 - 11
o WCWD – Area 11 – 13
o Basin 7 – Chesley and Giaramita
2. Oro Loma Sanitary District (OLSD)
Project Manager: Kristopher Decker
• Successfully completed 1 pipeline replacement job ($1.7 Million) and 3 point repair jobs ranging from $300,000 - $400,000. Work includes both pipe bursting and open trenching. Below is a list of the project names. The list of projects does not include the emergency response work. All of which were completed, between 2019-2022, without incident or liquidated damages. o Point Repairs 2019/2020 #2
o Point Repairs 2020-2021 #2
o Sewer Line Replacement 2020/21 #2 (Completion Date
o Point Repairs 2021-2022.
3. City of Millbrae
Project Inspector: Chris Junio
• Successfully completed 1 pipeline replacement job ($1.6 Million). Does not include emergency response work. Completed in 2022 without incident or liquidated damages.
13 4. Vallejo Flood and Wastewater
Project Manager: Tracy Rideout
• Successfully completed 1 pipeline replacement job ($1.3 Million). Completed in May 2023 without incident or liquidated damages. CWM036-2022 Sewer Rehabilitation Project
5. Stege Sanitary District
Project Manager: Paul Soo Jr.
• Successfully completed 1 pipeline replacement job ($2.23 Million). Completed in July 2023 without incident or liquidated damages. 22201 Standard Sewer Rehabilitation Project.
Expertise and Specializations
• Construction Management: Alfred Lee is a seasoned construction manager with a comprehensive understanding of managing construction projects from inception to completion. His expertise encompasses project planning, scheduling, budgeting, and quality control. • Public Infrastructure Projects: Alfred has a strong background in overseeing public infrastructure projects, including sewer and water main replacements, sewer rehabilitation, and utility improvements. He excels in ensuring that projects adhere to plans and specifications while meeting the unique requirements of public entities.
• Constructability Reviews: Alfred possesses a keen ability to conduct constructability reviews, identifying potential challenges and offering solutions to optimize construction processes. His insights contribute to cost-effective and efficient project execution. • Change Order Management: Alfred is skilled in managing change orders effectively, evaluating their impact on project scope, budget, and timeline. He has successfully navigated change order processes to minimize disruptions and delays.
• Subcontractor Coordination: With experience in subcontractor coordination, Alfred ensures that all project stakeholders work in harmony. He has a proven track record of collaborating with subcontractors to maintain project schedules and deliver quality results. • Progress Payments: Alfred is proficient in managing progress payments, accurately assessing project milestones, and facilitating timely payments to contractors. His attention to financial aspects of projects contributes to budget adherence.
• Public Outreach: Alfred has experience in conducting public outreach activities, engaging with community members, and addressing their concerns during construction projects. He excels in maintaining positive relationships between projects and the public. • Design-Build Facilitation: Alfred has facilitated the design-build process, collaborating with designers, subcontractors, and end users. He ensures seamless communication and alignment of project goals during the design-build phase.
14 References:
1. Project Manager: Keith Reynolds
2910 Hilltop Drive,
Richmond, CA 94806
Contact: 510.230.3085
E-mail: [email protected]
2. Project Manager: Kristopher Decker
2655 Grant Ave.
San Lorenzo, CA 94580-1838
Contact: 925.519.0319
E-mail: [email protected]
3. Project Inspector: Chris Junio
621 Magnolia Ave.
Millbrae, CA 94030
Contact: 650.280.0912
E-mail: [email protected]
4. Project Manager: Tracy Rideout
450 Ryder St.
Vallejo, CA 94590
Contact: 707.805.4920
Email: [email protected]
5. Project Manager: Paul Soo Jr.
7500 Schmidt Lane
El Cerrito, CA 94530
Contact: 510.524.4668
Email: [email protected]
These references can attest to Alfred’s qualifications, experience, and expertise.
15 Employee Project Resumes and Qualifications
Danh Lai, P.E.
Professional Background:
• Danh Lai is a licensed professional electrical engineer in the state of California with over 30 years of experience in large-scale control and telecommunication networks. • He holds a Bachelor of Science in Electrical Engineering (BSEE) from CSU, Sacramento, and holds both a Master of Science in Electrical Engineering (MSEE) and a Master of Business Administration (MBA) from Santa Clara University.
• Residential Electrical Power Distribution and Lighting Systems. • California Professional Engineers License Number: E 14165 • Principle Engineer for Elecco CSLB License #1066372
Relevant Work Experience
• SCUSD Electrical Upgrade and EV Bus Chargers
Project Value: $374,000.00
• CUP2370 – EV Charging Installation at City Hall
Project Value: $81,227
• Site Work for Interim Housing at Blue Hills Elementary School Project Value: $349,800
• Campus Way Finding – Signage & Ground Lighting
Project Value: $974,000.00
Expertise and Specializations:
• Danh Lai's expertise lies in electrical engineering, particularly in the design and implementation of electrical power distribution systems and lighting systems for commercial and residential projects. • With his extensive experience in control and telecommunication networks, Danh brings a deep understanding of complex electrical systems.
16 References:
Hank Ta - CC Integration
Phone: 510-396-7771
Email: [email protected]
Leslie Puccio - San Jose/ Evergreen Community College
Phone: 408-398-0122
Email: [email protected]
Todd Shimada - Cupertino Union School District
Phone: 408-252-3000
Email: [email protected]
Jon Willard - Santa Clara County Office of Education
Phone: 408-426-1902
These references can attest to Danh’s qualifications, experience, and expertise.
17 Employee Project Resumes and Qualifications
Ben Jimenez, P.E.
Professional Background:
• Ben is a licensed civil engineer (P.E.) with specific expertise in water distribution and supply systems. • He holds Grade 2 certifications related to potable water infrastructures and systems. • Ben's specialization includes water main replacement, booster station design, well equipping, and instrumentation/SCADA systems for water supply projects. • Licensed Civil Engineer 83091
Certifications:
• Water Distribution and Supply Grade 2 Certifications
Expertise and Specializations:
• Ben possesses extensive experience in the design, management, and implementation of potable water-related infrastructures and systems.
• His expertise includes overseeing water main replacement projects, designing booster stations, equipping wells, and implementing instrumentation and SCADA systems to enhance water supply operations.
• Ben excels in project management and design, ensuring projects are delivered on time and within budget constraints.
• He has a proven track record of completing high-quality projects that meet regulatory standards and provide reliable water supply solutions.
18 Closing Statement
As a prospective bidder, we appreciate the opportunity to submit our proposal for plan checking services to the City of Shafter. We recognize the significance of this project and the trust that the City places in its selected partners. Our team is eager to demonstrate our commitment to excellence, technical expertise, and dedication to contributing to the City's growth and development.
We believe that our qualifications, experience, and approach align seamlessly with the City's goals and expectations outlined in the Request for Proposals. Our bid reflects our unwavering commitment to delivering exceptional plan checking services that not only meet but exceed the City's standards and requirements.
Our team is ready to engage in open communication, collaboration, and responsiveness to ensure a successful partnership with the City. We are fully prepared to address any questions, provide clarifications, and adapt to specific project needs as they arise.
The opportunity to work with the City of Shafter is both an honor and a responsibility that we hold in high regard. We look forward to the possibility of collaborating with the City and contributing to the realization of its vision for the future.
Should you require any further information, have inquiries, or need additional details regarding our proposal, please do not hesitate to contact us. We are committed to ensuring a transparent and mutually beneficial proposal process.
Thank you for considering our bid, and we eagerly anticipate the opportunity to join hands with the City of Shafter on this important journey.
Sincerely,
Giancarlo Moral, PE
October 20, 2023
REQUEST FOR PROPOSALS
Public Improvement Plan Checking Services
Prepared for: By:
City of Shafter
ATTN: PUBLIC WORKS DIRECTOR
720 Commerce Way
Shafter, CA 93263
www.shafter.com
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
www.ladayucg.com
(310) 968-7263
October 20, 2023
Michael James, Public Works Director
City of Shafter
720 Commerce Way
Shafter, CA 93263
RE: RFP – Public Improvement Plan Checking Services
Dear Michael,
Ladayu Consulting Group (LCG) is pleased to present our Proposal to provide the City of Shafter for Public Improvement Plan Checking Services.
We are proud of our reputation for providing thoughtful solutions that build thriving communities throughout California. Experienced in a wide range of municipal engineering services, our team of caring professionals serves our municipal clients through a tailored approach based upon client values and needs. We define ourselves by the strength of our relationships with the people that we work with and the people that we work for. Earning client trust and appreciation by exceeding expectations is our ultimate measure of success.
LCG has specialized in providing Plan Checking Services to California cities. The leadership and management team at LCG are individuals with the passion and personal desire to provide professional municipal engineering services. We only serve public agency clients, typically in a staff augmentation and project management role. We believe that our exclusive commitment to public agency clients is important since it allows us to avoid any real or perceived issues regarding conflicts of interests.
I will act as Principal-In-Charge for this engagement. As President of LCG, I am authorized to bind the firm to all commitments made in our proposal. I have authorized Daniel R. Garcia, PE, REA, CPP to be the Main Point of Contact for the City of Shafter and I authorize him to negotiate on behalf of LCG. Daniel’s contact information follows:
Daniel R. Garcia, PE, REA, CPP
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
[email protected] | C: 310.968.7263
We appreciate the opportunity to present our qualifications, experience and desire to provide these municipal services for your review and consideration. We have reviewed the City's Professional Services Agreement and are ready to execute. Members of the LCG team are available to meet with you to discuss our proposal in more detail at your convenience. All of the conditions in this proposal will be valid for a period of at least 180 days. LCG ACKNOWLEDGES RECEIPT OF ANY ADDENDUMS, IF ISSUED, FOR THIS RFP.
Sincerely,
Ladayu Phaphan
Founder and President
Table of Contents
Cover Letter ................................................................................................................................... i Scope of Work and Associated Work Plan ……........................................................................ 1-5 Firm Qualifications & Relevant Experience .........................................................................….. 6-8 Firm Organization Chart & Proposed Staffing Plan ……..............................................…........ 9-11 Employee Project Resumes and Qualifications …….............................................................. 12-14 Cost Schedule ……..................................................................................................................... 15 Proposal Form ....................................................................................................................... 16-17 Estimate of Deliverable Costs ..................................................................................................... 18
1 City of Shafter
RFP – Public Improvement Plan Checking Services
Ladayu Consulting Group (LCG)’s work plan to the City of Shafter will be to have Daniel R. Garcia, PE, REA, CPP
be the Project Manager in charge of implementing this
contract. Daniel will also serve as QA/QC, and Alternate Plan Check Engineer in this contract. He will report
directly to the City of Shafter's Project Manager assumed to be Michael James, Public Works Director. Ludwig I.
Smeets, PE will be the Principal Plan Check Engineer in charge of plan review. Oranos Mekwian will be the
Associate Plan Check Engineer that will assist both Daniel and Ludwig in this contract if needed.
Oranos will also keep track and log all correspondence and transmittals and log all the necessary information for the City for each project. The project organization chart will be shown in the Firm Organization Chart & Proposed Staffing Plan section.
Project Understanding
LCG's understanding of the work expected in this RFP is that the City of Shafter has the need for LCG to provide improvement plan checking services. Ludwig I. Smeets, LCG’s Principal Plan Check Engineer will be retained to perform the following engineering related functions:
Ludwig will review and provide comment on construction plans submitted to the City of Shafter for commercial, industrial, and residential developments. It is understood by LCG that the City desires a careful and complete review. Work may include, but not necessarily be limited to, the following:
• For public works related projects, Ludwig will verify that plans are technically correct and adhere to City of Shafter Subdivision, Engineering, and Design Manual. o Other standards that will apply to all development include Federal ADA standards, California MUTCD, California Building Code, and other local agency standards where proposed improvements are within their jurisdiction. o Where necessary, other locally recognized standards such as City of Bakersfield, County of Kern, and/or State of California may be used where necessary. City Engineer shall specify when necessary.
o Where necessary, City will provide, and Ludwig will review, the soils reports, title reports, and other project specific documentation. LCG shall review proposed construction plans to be in compliance with this documentation. • For private commercial or industrial development related projects, Ludwig will review site improvement plans for adherence to the California Building Code and other project specific information.
o Ludwig’s review will be limited to all areas of the site outside any building footprint.
He will not be requested to check building plans.
o Ludwig will review site grading, site utility, and associated minor street improvements for adherence to the California Building Code, Federal ADA Standards, project specific soils reports, and any development agreements.
Scope of Work and Associated Work Plan
2 City of Shafter
RFP – Public Improvement Plan Checking Services
• In addition to plans, City may request LCG to review project related calculations or studies to ensure proposed improvements will be adequate for their purpose and meet the established codes. Ludwig will review and provide comments on project related calculations that may include but not necessarily be limited to:
o Wall calculations, retaining and non-retaining.
o Street section design calculations
o Drainage studies for storm drain facility sizing.
o Sewer studies for sewer pipe sizing
o Flow network analysis studies for water pipe & system studies.
LCG understands that the following process will be repeated as necessary until plans are ready for construction:
• Plans shall be provided to LCG. Plans to be reviewed may be provided in Adobe PDF format or full-size prints shipped to consultant’s office. If necessary, the City Engineer shall provide any available as built plans or other data to assist with LCG's review. • LCG shall prepare a cost estimate for the plan check based on the hourly rates established in the contract and the number of hours the consultant estimates for the plan check. City will agree to the estimated costs before LCG begins any plan checking services. • LCG shall perform a detailed analysis of the plans showing the proposed improvements and clearly identify any errors found in the design. Where feasible, LCG shall suggest ways to fix said errors in the design.
• All plan comments shall be made directly to the assigned plans. • Review design, identify any problems, impacts, or substantial challenges for the proposed construction, and make recommendations to the City regarding the design and construction of proposed improvements.
• LCG shall review the plans for clarity and precision in demonstrating the proposed improvements. Where necessary, LCG will make comments that the plan creator needs to modify their plans to promote clarity. These checks on plan clarity may include a request to the designer for additional topographic data, request that overlapping text be avoided, provide additional sections, details, construction notes, modify the line types, hatches, or symbols used, fix spelling errors, include vicinity maps, plan indexes, match lines, sheet references, and other drafting items that are normally used in construction drawings. Both City and LCG should have a clear understanding of the proposed construction after reviewing any set of plans, and the plans should be easy to follow all corrections and comments are addressed.
• LCG comments shall be clear and legible. Primary comment shall be red ink, but LCG may use multiple colors, as necessary, to clarify any comments or issues addressed. The use of software like Blue Beam, Revu or Adobe Pro for plan comments is recommended but not required.
• LCG shall return a full set of plans with comments to the City Engineer for review. LCG, at their option, can provide full size hard copies of their comments on the set of plans submitted, or can provide their comments electronically in Adobe PDF format. Scans shall be in color, 300 DPI resolution. City can provide a location on our ShareFile service for consultant to upload electronic files to.
3 City of Shafter
RFP – Public Improvement Plan Checking Services
• LCG shall, upon request of the City, make themselves available to both the City and the plan engineer to discuss and review any comments they have made in the performance of their work. This will be handled on an as needed basis via telephone to limit travel expenses. LCG will be compensated for their time.
• LCG shall notify the City if any proposed task to be assigned to them is outside their purview.
LCG understands that all plans checked and returned to the City of Shafter, with or without comments, shall be the property of the City of Shafter. City may distribute checked plans, with or without comments, back to the engineer or developer who created or ordered the original plans, or to any other entity or agency responsible for plan checking or approval.
TIME FOR COMPLETION: All plan checks shall be completed within four (4) weeks. LCG will provide a time for completion estimate for each plan check requested. LCG will adhere to their time for completion estimate unless extensions are agreed to by the City in writing. It is understood by all parties that time is of the essence.
LCG also understands that the types of developments and improvement plans include:
Residential Development: For residential tracts, all proposed improvements shall be consistent with the approved tentative map, the development agreement, specific tract conditions of approval, and the city’s subdivision improvement and design standards. • Grading plans including individual lots, streets, parks (if applicable) and drainage basins.
Soils reports shall be reviewed for adverse conditions, if any. • Water construction plans including water mains, water services, hydrant locations, connections to existing infrastructure. On occasion, this may include water wells, water tanks, & booster stations.
• Sewer construction plans including gravity mains, service locations, sewer lift stations, and sewer
force mains.
• Street construction plans including curbs, gutters, cross gutters, ADA ramps, drive approaches,
sidewalks, street lighting, intersections, traffic signals, traffic striping, and traffic signs. • Storm drain construction plans including detention and retention basins, catch basins, and drainage studies.
• Wall & Public Fence construction plans.
• Public Park Plans – site grading and compliance with Americans with Disabilities Act (ADA) are the primary concerns here.
• Public Landscaping plans.
Commercial & Industrial Developments: For commercial or industrial development, all proposed improvements shall be consistent with the approved development site plan, any specific development agreement, or site-specific conditions of approval. Proposed public improvements shall conform to the city’s subdivision improvement and design standards. • Review of onsite grading plans including any onsite retention basins. All site grading designs shall comply with the California Building Code and the ADA. Soils reports shall be reviewed for adverse conditions, if any.
4 City of Shafter
RFP – Public Improvement Plan Checking Services
• Water construction plans including water mains, water services, hydrant locations, and connections to existing infrastructure. On occasion, this may include water wells, water tanks, & booster stations.
• Sewer construction plans including gravity mains, service tie-ins, lift stations, and sewer force mains.
• Street construction plans including curbs, gutters, cross gutters, ADA ramps, sidewalks, street lighting, intersections, traffic signals, traffic striping, and traffic signs. • Review of commercial or industrial developments will not include review of building or structure plans.
LCG Process for Obtaining and Returning Plans
Normal Plan Check Procedures
It is LCG's understanding that each set of plans submitted for approval and construction will undergo multiple plan checks until approved by the City Engineer. Normal plan check operations will be conducted as follows:
First Submittal:
Upon completing the first electronic plan review, LCG will submit the “red lined” plans and a copy of the applicable Plan Check List (comments) to the City via email. The City will provide supplemental comments as necessary and forward “red lined” plans and comments to the applicant.
Second and Subsequent Submittals:
Upon receipt of the second-round plan check submittal from the applicant and upon completing the second electronic plan review, LCG will submit “red lined” plans and a copy of the applicable second review Plan Check List (comments) to the City. The City will provide supplemental comments as applicable and forward second review “red lined” plans and comments to the applicant. The process of applicant correction, LCG review followed by City review and “red lined” plan and comment return to applicant shall continue until approvable plans are generated and a plan approval letter is submitted to the City by LCG.
All plan checking services will be performed by a registered civil engineer or under the direct supervision of a registered civil engineer. All plan check comments will direct the plan creator to make changes or corrections to ensure the proposed improvements adhere to city standards. If necessary, the plan checker will make comments directing the City Engineer to review specific areas or concerns where city standards may not be desirable or applicable.
Schedule Review Process
All LCG Plan Review Comment Letters have a 10-business day maximum turn-around delivery date time for each review and 5-business day expedited review time.
Approach/Schedule Control
LCG’s approach and schedule control is to deliver high quality work with respect to project budgets. LCG believes that the City of Shafter should receive the optimum cost benefit with the maximum quality delivery.
5 City of Shafter
RFP – Public Improvement Plan Checking Services
LCG’s Transmittal Procedure
LCG will maintain a plan check log as follows to check status. The plan check log shall include, at a minimum, the following information:
1. Receipt Date
2. Transmittal Dates
3. Who is Receiving the Information
4. Plan Checker's Name
5. Status of Plan Check
6. Plan Check Description and City Plan Check Number
7. Plan Check Fees
LCG will maintain all files for a period of up to three years. Copies of the requested files will be furnished to the City upon request.
6 City of Shafter
RFP – Public Improvement Plan Checking Services
Ladayu Consulting Group (LCG) is uniquely qualified to
provide the City of Shafter with exceptional Public
Improvement Plan Checking Services as evidenced by our
proven track record of successfully providing similar
services to municipalities throughout California. Most of LCG's staff are from the municipal public sector. We are small enough to ensure that we can maintain focus and
are responsive to the needs of the City of Shafter, yet big enough to serve all of the City of Shafter needs for Public Improvement Plan Checking tasks.
Ladayu Consulting Group provides a host of services to cities including:
• Civil/Private Development Plan Review Services (includes grading, streets, storm drains, sewers, erosion control, etc.)
• Land Development/Subdivision Map Act (includes tracts, parcel maps, vesting, etc.) • Project and Program Management
• Public Works Management
• Construction Management/ Construction Inspection
• City Engineering
• Sewer and Storm Drain Compliance
LCG's staff has held senior and executive management positions within numerous California cities including titles of Project Manager and other well-seasoned management personnel. This depth of experience brings a high level of expertise and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve.
LCG was formed and founded in 2015 (8 years in business) and established our Engineering office in Palos Verdes Estates. We are a sole proprietorship. Our legal name is Ladayu Consulting Group. LCG's Federal Employer Identification Number is 36-4967928. Our official business address and primary point of contact who authorized to negotiate the contract on behalf of LCG follows:
Daniel R. Garcia, PE, REA, CPP – Project Manager
Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274 (only company address)
[email protected] | C: 310.968.7263
Firm Qualifications & Relevant Experience
7 City of Shafter
RFP – Public Improvement Plan Checking Services
Relevant Expertise and Experience
LCG has been providing services similar to the services requested in this RFP throughout California for several years especially in the local Los Angeles, Orange County, Riverside and San Bernardino Counties providing public works and engineering services. A summary of recent relevant projects that LCG and assigned personnel have performed within the last 5 years for public agencies that are similar in nature that is being requested in this RFP are shown below. • City of Compton
John Strickland, Public Works/Engineering Project Manager 205 South Willowbrook Avenue, Compton, CA 90220
310.761.1422 | [email protected]
Ø Sample Project: Four (4) Compton Fire Stations Driveway Aprons Improvement Project.
Services Provided: Full-Service Engineering Services including City Engineer Advisor, Project Management, Construction Management, Civil Plan Check for Grading, Drainage, Demolition, Erosion Control, LID and Utility Plans.
Year started and completed: 2020-2021
LCG Team Members: Daniel Garcia, Oranos Mekwian
Ø Sample Projects: 123 East Artesia Blvd. Casino review, 250 North Central Avenue (Tract No. 83433), 501/601 Compton Blvd. Mixed Use Development, 1950 North Central Avenue/Tract No. 83170.
Services Provided: Full-Service Engineering Services including City Engineering Advisor, Subdivisions/Grading/Street/Storm Drain, Sewer, LID Plans Review Year started and completed: 2021-2022
LCG Team Members: Daniel Garcia, Oranos Mekwian
Ø Sample Project: Alameda - SR-91 Urban Greening (Agreement No. U29107-0 and 8GG16423)
Services Provided: Full-Service Engineering Services Development Review, Project Management, Coordinated with Gateway Cities, Civil Plan Check for Grading, Drainage, Demolition, Erosion Control, LID, Utility Plans Year started and completed: 2020-2021
LCG Team Members: Daniel Garcia, Oranos Mekwian
8 City of Shafter
RFP – Public Improvement Plan Checking Services
• City of Vernon
Lissette Melendez | Plan Check Manager
4305 Santa Fe Avenue, Vernon, CA 90058
323.583.8811 | [email protected]
Ø Sample Projects: 4423 District Boulevard Plan Review, 5000 Fruitland Avenue Plan Review, 3430 26th Street Plan Review
Services Provided: Civil Plan Review Engineer for Grading, Street, Storm drain, Sewer, SWPPP, LID, Signing & Striping/Site & Paving including Hydrology and Soils Report Review.
Year started and completed: 2018- 2020
LCG Team Members: Daniel Garcia, Oranos Mekwian
• City of Wildomar
Dan York | Public Works Director/City Manager
23873 Clinton Keith Rd., Suite 201, Wildomar, CA 92595
951.677.7751 ext. 209 | [email protected]
Ø Sample Projects: Wildomar Tracts 36519, 23445, 25122, 31479, 32078, 32206, 32535, 34915 and 36497 and Wildomar Parcel Maps 36673, 32833, 36653 and 37048.
Services Provided: Civil Review & Land Development Engineer for Subdivisions, Grading, Street, Storm Drain, Sewer Plans Review including WQMP, Hydrology, Soils Reports Review.
Year started and completed: 2017-2020
LCG Team Members: Daniel Garcia, Ludwig Smeets
• City of Chino Hills
Ryan Gackstetter | Senior Planner
14000 City Center Drive
Chino Hills, CA 91709
909.364.2749 | [email protected]
Ø Sample Projects: Prime Wash Express, Bliss Car Wash
Services Provided: Civil Review & Land Development Engineer for Conditions of Approval, Final Review for Grading Permit issuance, Grading, Street, Storm Drain, Sewer Plans Review.
Year started and completed: 2022- Ongoing
LCG Team Members: Daniel Garcia, Ludwig Smeets, Oranos Mekwian
9 City of Shafter
RFP – Public Improvement Plan Checking Services
LCG has a diverse team of qualified professionals dedicated to provide Public Improvement Plan Checking Services to the City of Shafter. LCG has served other cities in the same magnitude and nature as requested in this RFP and LCG would be delighted to extend the same services requested to the City of Shafter. Below we have provided brief biographies of key staff that will be available for this contract. Actual resumes will follow.
Ludwig I. Smeets, PE | Principal Plan Check Engineer – Ludwig has over 38 years of Civil Engineering experience in Civil and Land Development Plan Checking. He has served as Plan Check Engineer as well as Public Services Director and Senior Project Manager for several public agencies. Ludwig is familiar with the Subdivision Map Act, Low Impact Developments (LIDs) project requirements, Water Quality Management Plan (WQMP's), design requirements (SSPWC, APWA, Caltrans, etc.) and has managed this and the bid and award process for several cities such as the Cities of Hawaiian Gardens, Norwalk and Whittier. He has extensive experience in checking tract maps, parcel maps, grading, street improvements, sewer design, water distribution, storm drain, LID and any other plans connected to private development or the City’s capital improvement program. Ludwig has the ability to sign, stamp and approve all civil plans on behalf of the City of Shafter.
Daniel R. Garcia, PE. REA, CPP | Project Manager, QA/QC, Alternate Plan Check Engineer – Daniel has served as Project Manager, QA/QC, and Plan Check Engineer in many public agencies throughout California. He is a registered Civil Engineer, Registered Environmental Assessor and Certified Permitting Professional. Having worked in several jurisdictions throughout California including most recently the Cities of Compton, Rancho Palos Verdes, Wildomar, Maywood, Costa Mesa, Bell, Vernon, Lomita, Chino Hills, and Norwalk. Daniel’s experience is far and wide from Project Management, Resident Engineer, Construction Manager, Civil Plan Reviewer, Land Development/Subdivision Map Act, Capital Improvement Programs (CIP) including sewers, storm drain, street and water plans. Most recently, he served as City Engineer in the Cities of Norwalk, Compton, Rancho Palos Verdes and Maywood.
Oranos Mekwian | Associate Plan Check Engineer – Oranos has been a Project Engineer in the Cities of Compton, Rancho Palos Verdes, Vernon and Maywood, assisted in Private Development Plan Review such as grading, street, sewer, storm drain, erosion control in several public agencies, assisted in Construction Management in the City of Lomita on the Walnut/PCH Street Improvements and Palos Verdes Drive North/ Western (signalization coordination with Caltrans), and was crucial to obtaining sewer and storm drain compliance in the City of Maywood.
Firm Organization Chart & Proposed Staffing Plan
10 City of Shafter
RFP – Public Improvement Plan Checking Services
With respect to “Public Improvement Plan Checking Services”, all communication on this contract will follow the following Project Organization Chart:
Shafter Project Organization Chart
LCG Staff’s Responsibilities from Scope of Work
Per the RFP, the following tasks listed will be implemented in full per the Scope of Work.
Ludwig I. Smeets, PE l Principal Plan Check Engineer
Residential Development: For residential tracts, all proposed improvements will be consistent with the approved tentative map, the development agreement, specific tract conditions of approval, and the city’s subdivision improvement and design standards. Ludwig will review and provide comment on construction plans submitted to the City of Shafter for residential development. The improvement plans include:
• Grading plans including individual lots, streets, parks (if applicable) and drainage basins.
Soils reports shall be reviewed for adverse conditions, if any. • Water construction plans including water mains, water services, hydrant locations, connections to existing infrastructure. On occasion, this may include water wells, water tanks, & booster stations.
11 City of Shafter
RFP – Public Improvement Plan Checking Services
• Sewer construction plans including gravity mains, service locations, sewer lift stations, and sewer force mains.
• Street construction plans including curbs, gutters, cross gutters, ADA ramps, drive approaches, sidewalks, street lighting, intersections, traffic signals, traffic striping, and traffic signs.
• Storm drain construction plans including detention and retention basins, catch basins, and drainage studies.
• Wall & Public Fence construction plans.
• Public Park Plans – site grading and compliance with Americans with Disabilities Act (ADA) are the primary concerns here.
• Public Landscaping plans.
The only exception to this is within the Gossamer Grove and Heritage Ranch residential developments where the water system is owned & operated by the Oildale Mutual Water Company (OMWC). OMWC will be responsible for their own plan checks for any development within the City of Shafter that will obtain water service from the OMWC.
Commercial & Industrial Developments: For commercial or industrial development, all proposed improvements will be consistent with the approved development site plan, any specific development agreement, or site-specific conditions of approval. Proposed public improvements shall conform to the city’s subdivision improvement and design standards. Ludwig will review and provide comment on construction plans submitted to the City of Shafter for commercial & industrial developments. The improvement plans include:
• Review of onsite grading plans including any onsite retention basins. All site grading designs shall comply with the California Building Code and the ADA. Soils reports shall be reviewed for adverse conditions, if any.
• Water construction plans including water mains, water services, hydrant locations, and connections to existing infrastructure. On occasion, this may include water wells, water tanks, & booster stations.
• Sewer construction plans including gravity mains, service tie-ins, lift stations, and sewer force mains.
• Street construction plans including curbs, gutters, cross gutters, ADA ramps, sidewalks, street lighting, intersections, traffic signals, traffic striping, and traffic signs. • Review of commercial or industrial developments will not include review of building or structure plans.
Daniel R. Garcia, PE. REA, CPP l Project Manager, QA/QC, Alternate Plan Check Engineer • Coordinate contract matters with the City of Shafter and LCG. • Negotiate the contract on behalf of LCG.
• Provide QA/QC.
Oranos Mekwian, Associate Plan Check Engineer
• Tracking the projects and log all correspondence, transmittals, and the necessary NPDES information for the City for each project.
• Invoicing
• Assist Ludwig and Daniel if needed
12 City of Shafter
RFP – Public Improvement Plan Checking Services
www.ladayucg.com
[email protected]
EXPERTISE
Project Manager
Private Development/Civil Plan
Review
Land Development/Subdivisions
Subdivision Map Act
Sewer/Storm Drain Compliance
CIP/Project Management
City Engineering Advisor
EDUCATION
Bachelor of Science in Civil
Engineering, CSULB
Masters in Public Administration,
CSULB
REGISTRATIONS
CA Registered Professional Civil
Engineer | 45710
Registered Environmental
Assessor | 5640 Cal-EPA
Certified Permitting Professional
D11308 SCAQMD
Daniel R. Garcia, PE, REA, CPP
13 City of Shafter
RFP – Public Improvement Plan Checking Services
www.ladayucg.com
[email protected]
EXPERTISE
Private Development/Civil Plan
Review
Land Development/Subdivisions
Low Impact Development
Drainage(LID)/WQMP/Hydrology
CIP/Project Management
Construction Bid and Award Process
EDUCATION
Bachelor of Science in Civil
Engineering, CSULB
Masters in Military Science, US Army
REGISTRATIONS
CA Registered Professional Civil
Engineer | 37221
NV Registered Professional Civil
Engineer | 11105
AZ Registered Professional Civil
Engineer | 28642
Principal Plan Check Engineer
Ludwig has over 38 years of experience in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers. His experience has been at the Senior Project Manager level for the past 10 years. His experience has included the management of numerous projects,
specifically in Residential, Commercial, and Industrial Developments plan review, Subdivision Map Act review and Quality Control/Quality Assurance. Having experience with several agencies as a plan’s reviewer for civil plans, specifically related to grading/drainage, site development including water, streets, sewer and storm drain infrastructure, access
improvements, and on-site hydrology and the requirements of the NPDES permits, to include SUSMP’s, WQMP’s, low impact development (LID), and hydro-modification.
Principal Plan Checker | City of Buena Park
For over 12 years, Ludwig served as Contract Project Manager on various public and private development projects to include on-call plan check of drainage and grading plans, demolition plans, and both on-site and off-site civil engineering plans, to include street, storm drain, sewer & water improvements, as well as NPDES, WQMP’s, and hydrology reviews for the City of Buena Park.
Project Manager | City of Hawaiian Gardens
Ludwig provided Hydrology Report review for various private development projects on on-call basis for the City of Hawaiian Gardens. He also developed the Master Plan for Drainage as Program Manager for the City. This study established the capacity of existing storm drains and streets drainage based on a 100-year storm for incorporation into the City’s Low Impact Development Program for use in Private Development/
Subdivision Map Act plan checking.
Principal Plan Checker | County of Orange
For nearly ten years, Ludwig served as Project Manager in responsible charge of contract plan check services for private development plans related to building & safety grading and drainage, storm drain, sewer, NPDES, WQMP’s, and hydrology reviews for the County of Orange. He is experienced in LID issues and the application to Land Development.
Project Manager | City of Villa Park
Ludwig provided Hydrology Report/ Drainage Plan review for various private development projects on an on-call basis for the City of Villa Park including grading, drainage, storm drain, sewer, water and streets.
14 City of Shafter
RFP – Public Improvement Plan Checking Services
www.ladayucg.com
[email protected]
EXPERTISE
Civil Plan Review
Private Development Plan Review
Land Development/Subdivisions
Construction Management
Assistant
Sewer/Storm Drain Compliance
CIP/Project Management
EDUCATION
Masters in Industrial Chemistry,
King Mongkut’s University of
Technology, Thonburi, Thailand
Bachelor of Science in
Biotechnology, Khon Kean
University, Thailand
Associate Plan Check Engineer
15 City of Shafter
RFP – Public Improvement Plan Checking Services
The rates displayed in the cost schedule below reflect LCG’s current fees and will be in effect during the term of the agreement, which include travel, shipping, supply, and printing/material costs (no separate charges for these items). Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations (such as frozen during the term of this agreement by the term of this one-year contract).
CLASSIFICATION HOURLY BILLING RATE
Principal Plan Check Engineer (RCE)……................................………………...………….......$170 Landscape Architect (PLA) ......................................................................................................$170 Traffic Engineer .......................................................................................................................$170 Associate Plan Check Engineer ..............................................................................................$110 Key Personnel are noted in the hourly rates above. No other adjustments are anticipated.
Cost Schedule
PROPOSAL FORM
PUBLIC IMPROVEMENT PLAN CHECKING SERVICES
To: City of Shafter
Public Works Department
ATTN: MICHAEL JAMES, PUBLIC WORKS DIRECTOR, [email protected] 720 Commerce Way
Shafter, CA 93263
In compliance with your Request for Proposal, the undersigned, hereinafter termed the Offeror, proposes to enter into a Contract with the City of Shafter to provide the necessary services for:
RFP – PUBLIC IMPROVEMENT PLAN CHECKING SERVICES
The Offeror has carefully examined and fully understands the Contract, General Conditions, Special Conditions, General Requirements, Scope of Work, and other documents hereto attached, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his Offer is accepted, he will contract with the City of Shafter in full conformance with the Contract Documents.
Unless otherwise directed, all work performed shall be in accordance with the terms and conditions of this solicitation, scope of work, and sample Contract.
In accordance with the foregoing, the undersigned proposes to perform engineering services as discussed in the request for proposal and any approved addenda, in accordance with the items listed in the attached Offer schedule for the unit prices stated.
The Offeror agrees that the cost of services provided, or expenses incurred, which are not specifically delineated in the Contract Documents, but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled.
If this Offer shall be accepted by the City of Shafter and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Shafter may, at its option, determine that the undersigned abandoned the Contract and thereupon this offer shall be null and void.
Offeror acknowledges receipt of the following addenda: .
I certify that this offer is made without prior understanding, Contract, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards.
I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer.
Offeror further declares that the full name and resident address of the Offeror’s Principal is as follows:
16
17 OFFEROR:
Company Name:
Mailing Address:
Phone: Fax:
Authorized
Signature:
Print/Type Name:
Title:
Date:
Ladayu Consulting Group
316 Tejon Place, Palos Verdes Estates, CA 90274
(310) 968-7263
Daniel R. Garcia, PE, REA, CPP
Vice President/Owner
10/20/23
18 Estimate of Deliverable Costs
Deliverable $ per hour Estimated # of hrs.
per sheet**
Estimate of
costs per sheet
Residential:
Grading plan, 1”=50ft 2.0
Sewer / Water Plans & profile 2.0
Street / Storm Drain Plans & profile 1.5
Wall Plan & Profiles 1.5
Public Landscaping 1.0
Park Grading 2.0
Cover Sheets, Notes, & Detail Sheets 0.5
Commercial / Industrial:
Site grading plan, 1”= 40 ft 2.0
Offsite Sewer / Water Plans & profile 2.0
Offsite Street / Storm Drain Plans & profile 2.0
Cover Sheets, Notes, & Detail Sheets 0.5
**Estimated number of hours per sheet is presented for cost estimation purposes only and is based on staff experience in checking development plans. Times estimates do not include rechecks Consultant will review the plans and submit an actual estimate of hours necessary for one plan check and receive approval from the City before work may commence. Cost estimates for rechecks or additional checks will be treated similarly.
$170
$170
$170
$170
$170
$170
$170
$170
$170
$170
$170
$340
$340
$255
$255
$170
$340
$85
$340
$340
$340
$85
200 NEW STINE ROAD SUITE 175 ♦ BAKERSFIELD, CA 93309 ♦ PHONE/FAX: 661-336-0977 October 20, 2023
Mr. Michael James
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Re: Request for Proposals (RFP) Design Services for: Plan Checking Services Dear Mr. James,
San Joaquin Engineering is pleased to submit our proposal to provide plan checking services for the City of Shafter. This correspondence constitutes our formal submittal and request for consideration. The opportunity to serve the City is of great importance to San Joaquin Engineering. We have provided engineering design and project management for residential tracts in the City of Shafter – Tract 6614 and Tract 6490 San Joaquin Engineering is a full-service engineering company fully equipped to accommodate the needs of virtually any project. We have a new office in Bakersfield, with an office staff level of seven (7). My personal experience spans 40 years of extensive experience in Public Works and land development projects in both the private and public sectors. I believe this experience on both sides of the counter has given me a unique perspective that will translate to the best possible service to my clients.
Respectfully,
Brett Dawson, P.E.
PROPOSAL TO PROVIDE
PLAN CHECKING SERVICES
PLAN CHECKING SERVICES PROPOSAL
FOR PUBLIC IMPROVEMENTS
200 NEW STINE ROAD SUITE 175 ♦ BAKERSFIELD, CA 93309 ♦ PHONE/FAX: 661-336-0977
APPROACH
San Joaquin Engineering’s approach focuses first on developing a comprehensive understanding of our client’s needs and goals, then diligently pursuing those goals through responsiveness and communication.
PROJECT UNDERSTANDING
The City of Shafter is requesting an experienced and qualified engineering firm to perform improvement plan checking for upcoming public infrastructure that will be owned, operated, and maintained by the City of Shafter. The plans will be reviewed, commented on, and corrected until the City Engineer/Consulting Engineer deems they are fit for construction.
The primary improvements will be related to residential, commercial, and industrial developments. Construction plan sets include: grading, water, sewer, street, storm drain, drainage studies, screen walls, public parks, and public landscaping. All listed improvement plans shall be in conformity with current CBC, ADA, and City of Shafter standards. The plans will be reviewed until they are deemed complete by the City Engineer.
The requested proposal shall be a Time and Materials Contract with a maximum billable amount of $25,000, the maximum amount can be exceeded with the City’s permission. The length of the contract will be one (1) year from the contract date of approval, after which the city may request updated hourly consulting rates. The city holds the right to enter into similar agreements with multiple offering consultants.
San Joaquin Engineering (SJE) will provide plan-checking services by or directly under the supervision of a licensed civil engineer. The comments and corrections will ensure the proposed improvements conform with the City of Shafter’s standards.
PROJECT TEAM
San Joaquin Engineering will provide the following staff for the duration of the project. • Brett Dawson, PE:
o 40 Years of Public and Private Experience in all facets of civil engineering o Comprehensive experience with the design, construction, topographic and construction surveys of public infrastructure.
o Served as the City Engineer for the City of Shafter from 1997 to 2000
PLAN CHECKING SERVICES PROPOSAL
FOR PUBLIC IMPROVEMENTS
200 NEW STINE ROAD SUITE 175 ♦ BAKERSFIELD, CA 93309 ♦ PHONE/FAX: 661-336-0977 • Hunter Troxel, EIT:
o Over 1 year of experience in Civil engineering and project management. o Experience includes design, drafting, reviewing, and processing various improvement plans and maps related to residential and commercial development in the City of Shafter, the City of Bakersfield, and the County of Kern.
Staff Resumes Provided
EXPERIENCE AND QUALIFICATIONS
San Joaquin Engineering was originally formed in 2003. The company has provided a complete array of civil engineering services for public and private companies. We take pride in providing our clients with our best professional care and service. We believe in timeliness, communication, and a resolve to drive projects to their completion.
San Joaquin’s Principal has performed a substantial volume of comprehensive plan checking for both internal review of plan sets, as well as for multiple public agencies. Mr.
Dawson has checked plans for the City of Shafter, City of Wasco, and City of Bakersfield.
Additionally, we have extensive experience in preliminary analysis, preparation of plans, specifications, and estimates, project management, construction inspection, and construction management for various types of public works related and private development projects. Recent projects have given us a refreshed review of current City standards, as we’ve worked through plan check comments by Kevin Harmon.
Tract 6614 – Orchard Park
San Joaquin Engineering is near the end of processing and designing the 229 residential lots making up Tract 6614, located at Beech Ave and E. Tulare Ave in Shafter, CA.
Improvements include grading, street, storm drain, sewer, water, walls, and a public park.
Drainage study and Final maps have also been prepared for the development. All improvement plans were designed in accordance with the City of Shafter standards.
Tract 6490
San Joaquin Engineering has processed improvement plans and a final map for tract 6490, comprised of 107 residential lots, located on Los Angeles Ave and Mannel Ave in Shafter, CA. All improvements and the final map adhere to the City of Shafter Standards and other state standards. Managed improvements include: grading, street, storm drain, sewer, and water.
PLAN CHECKING SERVICES PROPOSAL
FOR PUBLIC IMPROVEMENTS
200 NEW STINE ROAD SUITE 175 ♦ BAKERSFIELD, CA 93309 ♦ PHONE/FAX: 661-336-0977
COST PROPOSAL
Deliverable $ per
Hour
Estimated # of Hours per
Sheet
Estimate of costs per
Sheet
Residential:
Grading Plan, 1”=50’ 105 2.0 210
Sewer/Water Plans & Profile 105 2.0 210
Street/Storm Drain Plan & Profile 105 1.5 157.5
Wall Plan & Profile 105 1.5 157.5
Public Landscaping 105 1.0 105
Park Grading 105 2.0 210
Cover, Notes, & Detail Sheets 105 0.5 52.5
Commercial:
Site Grading Plan, 1”=40ft 105 2.0 210
Offsite Sewer/Water Plan & Profile 105 2.0 210
Offsite Street/Storm Drain Plan & Profile 105 2.0 210
Cover, Notes, & Detail Sheets 105 0.5 52.5
Respectfully,
Brett Dawson, P.E.
President, San Joaquin Engineering, Inc.
Resume of Brett Dawson, P.E.
Business Phone: (661)336-0977
Cell: (661)808-1876
E-Mail: [email protected]
WORK EXPERIENCE
June 2003 to Present San Joaquin Engineering Bakersfield, CA President
Owner and operator of a full service civil engineering and land development services company.
Company provides land use entitlements and the completion of final design engineering construction docs. Company also provides public infrastructure services for municipalities and special districts, expert witness services and opinions, construction management services, including inspection, and construction survey. Exercised direct and indirect supervision of professional, technical, outside consultants, and clerical staff working in collaboratively in the acquisition of land use entitlements and the completion of final design engineering. Development project experience is comprised of over 30,000 lots in total, ranging in size from small parcel maps to a 6000 unit master planned development.
PROFESSIONAL LICENSE / AFFILIATIONS / EDUCATION
Professional Engineer - R.C.E. No. 54058
Member of "American Society of Civil Engineers" - Grade: Member Various Continuing Education Courses
Extensive working knowledge of computers, including hardware and a wide array of windows based software applications
HUNTER TROXEL, EIT
PROJECT MANAGER - STAFF CIVIL ENGINEER
Experience: Mr. Troxel has 1 year of employment with San Joaquin Engineering Inc. His focus has been on developing construction grading plans, designing sewer/water and storm drain systems, drafting street plans, performing drainage studies for residential developments, designing wall plans, drafting/processing tentative and final maps, drafting building plot plans, surveying topos and managing various projects.
♦ Tract 6191, 84 acre residential subdivision in the City of Bakersfield ♦ Tract 6614, 78 acre residential subdivision in the City of Shafter ♦ Tract 6490, 30 acre residential subdivision in the City of Shafter ♦ Tract 7141, 33 acre residential subdivision in the City of Bakersfield ♦ Tract 7386, 58 acre residential subdivision in the City of Bakersfield ♦ Tract 7325, 25 acre residential subdivision in the City of Bakersfield ♦ VTPM 12423, 2 acre commercial subdivision in the City of Bakersfield ♦ VTPM 12524, 2.4 acre residential subdivision in the County of Kern ♦ Best Western Hotel, 2.7 acre commercial development in the City of Bakersfield Previous work experience includes project/construction management of the California High-Speed Rail in the city of Wasco, CA, the Beltway/Express Road development project in the City of Shafter, CA, and the RTE 223/Tejon Hwy storm drain and street improvements in the city of Arvin, CA.
Education: Bachelor of Science in Civil Engineering, Cum Laude, California State University, Fullerton.
General Education Transfer at Bakersfield College.
Professional Registrations:
Engineering-In-Training (EIT): Certificate No. EIT 176256 Job Duties: Planning
♦ Preliminary grading design
♦ Constraints mapping
♦ Project Base Mapping
♦ Preliminary cost estimating and quantity takeoffs
Civil Engineering
♦ Design and drafting of street, wall, water, sanitary sewer, and storm drain systems ♦ Mass grading plans
♦ Modeling for storm drain and earthwork calculations
Construction Management Support
♦ “As-built” construction documents and improvement plans ♦ Coordinate with field foremen and labors
♦ Coordinate with multiple government agencies
♦ Project and Construction Scheduling
♦ Manage RFIs, RFQs, COs, Submittals, Material Inventory Survey
♦ Coordinate field survey crews
♦ Establish cogo points and point map exhibits for field survey crews ♦ Topographic Surveys
♦ Level Circuits
VICTOR PINEDA
CAD DESIGN TECHNICIAN
Experience: Mr. Pineda has 2 years of experience in civil planning, design, and drafting of multi-million dollar land development projects. Recent assignments for San Joaquin Engineering, Inc. include:
♦ Tract 6490, 30-acre residential subdivision in the City of Shafter ♦ Tract 7325, 25-acre residential subdivision in the City of Bakersfield ♦ Tract 7141, 33-acre residential subdivision in the City of Bakersfield ♦ Tract 7364, 4-acre residential subdivision in the City of Bakersfield ♦ Tract 6191, 84-acre residential subdivision in the City of Bakersfield ♦ Tract 6614, 78-acre residential subdivision in the City of Shafter Education: Bakersfield College, Bakersfield, CA
Associate of Science Degree, Industrial Drawing
Job Duties: Planning
♦ Preliminary grading design
♦ Project Base Mapping
♦ Preliminary cost estimating
Civil Engineering
♦ Design aide and drafting of sanitary sewer systems
♦ Design aide and drafting of storm drain systems
♦ Design aide and drafting of grading plans
♦ Design aide and drafting of water systems
♦ Design aide and drafting of public streets
♦ Design aide and drafting of Final Maps
♦ CAD data for special engineering studies
♦ Preliminary grading earthwork quantity take-offs
♦ Subdivision final maps
Survey
♦ Establish cogo points and point map exhibits for field survey crews ♦ Topographic Surveys
♦ Level Circuits
♦ Construction Staking
October 20, 2023
City of Shafter
Public Works Department
720 Commerce Way
Shafter, CA 93263
Attn: Michael James, Public Works Director
[email protected]
Re: RFP – Public Improvement Plan Checking Services
Mc #P1023-005
Dear Michael,
McIntosh Engineering Group is pleased to present you with the following Statement of Qualifications and proposal for public improvement plan checking services.
Submitted herewith for review are the completed Proposal Form, Scope of Work and Associated Work Plan, Firm Qualifications and Relevant Experience, Firm Organizational Chart and Proposed Staffing Plan, and Employee Project Resumes and Qualifications.
Thank you for the opportunity to provide you with this Statement of Qualifications. Should you have any questions regarding our proposal or additional documentation, please reach out to Whitney Jackson at [email protected]. If you have any
questions, comments or concerns regarding contract negotiations, please reach out to myself at [email protected]. We look forward to working with you on this project.
Sincerely,
Blaine Neptune, R.C.E.
President
New Gen Engineering Group, Inc.
Dba McIntosh Engineering Group
10800 Stockdale Highway, Suite 103
Bakersfield, CA 93311
Phone: 661-834-4814
Fax: 661-837-0972
SCOPE OF WORK AND ASSOCIATED WORK PLAN
General Project Description
McIntosh Engineering Group understands that the City of Shafter desires to outsource improvement plan checking services to qualified firms. It is understood that the City of Shafter owns, operates, and maintains all streets, sewer, water, and storm drain infrastructure within public rights of way and easements, and the improvement plan checking services will be for various residential, commercial, and industrial developments.
All plan checking services are to be conducted by or under the direct supervision of a registered civil engineer, in a timely manner with the utmost standard of care. We also understand that all proposed improvements must adhere to the City of Shafter’s subdivision improvement and design standards, codes, existing site conditions, and sound general engineering practices. It is anticipated that each set of plans will undergo multiple plan checks prior to approval by the City of Shafter Engineer. We understand that the Time and Materials Contract is for one (1) year with a maximum billable amount of $25,000.00.
Scope of Work
Highly qualified individuals from the McIntosh Engineering Group team will provide improvement plan checking services for the City of Shafter’s projects. Staff and resources will be available on very short notice to ensure efficiency with reviews and prompt correspondence with the plan submitters and the City of Shafter. We are extremely familiar with the design standards for the City of Shafter, having prepared numerous improvement plans for projects within the City’s jurisdiction. Our team takes pride in the value added to our clients through diligent and cost effective plan preparation, review, and project management. Our knowledge and in-depth understanding of projects within the City of Shafter is evidenced by our successful completion of many past projects for the City and provides us the experience and qualifications necessary to provide services in an efficient manner. Due to our vast experience, we are confident to perform and provide paramount plan checking services for all improvement plan projects.
McIntosh Engineering Group has been providing professional civil engineering, land surveying and planning services for over forty years and is managed by its President Blaine Neptune, R.C.E. Upon receipt of a project request from the City, a qualified professional from our office will be assigned to review the improvement plan with scrutiny and shall be internally reviewed by a senior civil engineer for accuracy. The professional will be responsible for reviewing and providing comments to the plan creator/submitter and, if necessary, to the City Engineer. We understand that the comments provided shall be for the purpose of directing the plan creator to make corrections needed to ensure that the proposed improvements adhere to city standards. All hours worked are to be entered into the system on a weekly basis so that performance and project status can be tracked and reviewed to ensure the work is being done appropriately to meet City expectations.
FIRM QUALIFICATIONS & RELEVANT EXPERIENCE
McIntosh Engineering Group, doing business as McIntosh & Associates, has been providing superior civil engineering, land surveying, and urban land use planning services throughout California and Arizona since its origin in 1980. Blaine Neptune, its President, is a licensed Registered Civil Engineer registered to practice in the States of California, Colorado, and Arizona, and has worked for McIntosh & Associates since 1991. Mr.
Neptune oversees all development projects including residential subdivisions, commercial, industrial, master planned communities, schools, and recreation facilities.
Sean Reed, its Vice President, is also a licensed Registered Civil Engineer and has worked for McIntosh & Associates since 1998. Mr. Reed has worked on specialty projects which include the design of commercial sites, industrial developments, hospitals, water storage, and solar and wind farms. Both Mr. Neptune and Mr. Reed have worked extensively with the Cities of Arvin, Bakersfield, Delano, McFarland, Ridgecrest, Shafter, Sierra Vista, Tehachapi, and Counties of Kern, San Joaquin, and San Luis Obispo. In the past, McIntosh Engineering Group has provided on-call engineering services to the City of Shafter and the City of Bakersfield, and on-call surveying services to the County of Kern. These services were provided for various residential, commercial and industrial development projects.
List of Relevant Experience
Project Title: Highgate Master Planned Community
Location: Bakersfield, California
Owner: Castle & Cooke California, Inc.
Description of Project: Land Planning, Entitlements, Permitting, Coordination of Utilities, Onsite and Offsite Improvements, Civil Engineering, and Land Surveying Estimated Cost of Project: $45,000,000.00
McIntosh & Associates Responsibilities/duties/tasks for the project included:
Entitlements; Permitting; Site Plan Review processing; Tentative and Final Map preparation, processing and recording; Substantial Conformance Map processing; Minor land division preparation, processing and recording; Annual CEQA Mitigation Monitoring; Preparation of all improvement plans onsite and offsite; Construction administration; Construction staking and permitting; Ming Avenue Improvements; South Allen Road Improvements and permitting; Project Management; and Agency coordination.
Name of personnel who provided services listed above for project: Blaine Neptune, Matthew Tasos, Sam Walker, Jr., Don Britton, Scott Mayo, Sanny Uy, Whitney Jackson
Total dollar amount of our contract: $8,570,000.00
Project Dates: 2008 through present
Status of Project: Ongoing (estimated completion 5-8 years)
Project Title: Tejon Ranch Commerce Center
Location: Lebec, California
Owner: Tejon Industrial Corporation
Description of Project: Land Planning, Onsite and Offsite Improvements, Civil Engineering, and Land Surveying
Estimated Cost of Project: $60,000,000.00
McIntosh & Associates Responsibilities/duties/tasks for the project included:
Entitlements; Site Plan Review preparation and processing; Preparation of all improvement plans onsite and offsite; Minor land division preparation and recordation; Construction administration; Construction staking and permitting individual stores and pads; Offsite improvements including Del Sol Drive, Santa Lucia, Bob Stine, Laval (between Wheeler & Santa Lucia); Joint trench coordination with utility companies; Parking; Solar carports; SWPPP, and QSP Inspections for SWPPP; Project Management; and Agency coordination.
Name of personnel who provided services listed above for project: Blaine Neptune, Sean Reed, Sam Walker, Jr., Don Britton
Total dollar amount of our contract: $1,070,370.00
Project Dates: 2009 through 2019
Status of Project: Complete
Project Title: Amazon Fulfillment Center Warehouse
Location: Bakersfield, California
Owner: Seefried Industrial Development, Inc.
Description of Project: Land Planning, Entitlements, Permitting, Coordination of Utilities, Onsite and Offsite Improvements, Civil Engineering, and Land Surveying Estimated Cost of Project: $125,000,000.00
McIntosh & Associates Responsibilities/duties/tasks for project: Entitlements; Permitting; Site Plan Review processing; Easement preparation and recordation; Preparation of all improvement plans onsite and offsite; Construction administration; Construction staking and permitting; Offsite improvements including Airport Drive; Project Management; and Agency coordination.
Name of personnel who provided services listed above for project: Blaine Neptune, Matthew Tasos, Sam Walker, Jr., Don Britton, Scott Mayo, Sanny Uy Total dollar amount of our contract: $976,300.00
Project Dates: 2018 through 2020
Status: Complete
Project Title: Silver Wings Commerce Center
Location: Bakersfield, California
Owner: Silver Wings Real Estate, LLC
Description of Project: Master Planned Commercial/Industrial Center on 115 acres, Land Planning, Entitlements, Permitting, Onsite and Offsite Improvements, Civil Engineering, and Land Surveying
Estimated Cost of Project: $8,000,000.00
McIntosh & Associates/New Gen Engineering Group, Inc. Responsibilities/duties/tasks for project: Entitlements; Vesting Tentative Parcel Map preparation; Preparation and recordation of Final Maps; Prepare and processing Master PD Plan, Right of Way Dedications, Infrastructure Improvement Plans, Easements, Master Drainage Study, Receive and Discharge Study, Civil Design for Round-a-bout, Final Maps, Lot Line Adjustments/Parcel Mergers, PD Plan Modifications, Site Development, Utility Coordination, Construction Staking, As-Builts; Project Management; and Agency coordination.
Name of personnel who provided services listed above for project: Sean Reed, Sam Walker, Jr., Don Britton, Scott Mayo, Sanny Uy, Whitney Jackson Total dollar amount of our contract: $2,063,777.00
Project Dates: 2012 through present
Status of Project: Ongoing
Project Title: Dignity Health Mercy Southwest Hospital – Tower, Helipad, Temporary MRI Trailers
Location: Bakersfield, California
Owner: Dignity Health, a California nonprofit public benefit corporation Description of Project: Expansion of Dignity Health Mercy Southwest Hospital Estimated Cost of Project: $204,000,000.00
McIntosh & Associates/New Gen Engineering Group, Inc. Responsibilities/duties/tasks for project: Entitlements; Permitting; Site Plan Review processing; Preparation of all improvement plans onsite and offsite; Helipad design; Mobile MRI design; Construction administration; Construction staking and permitting; Offsite improvements including Stockdale Highway and Bridge; Project Management; and Agency coordination.
Name of personnel who provided services listed above for project: Sean Reed, Matthew Tasos, Sanny Uy, Scott Mayo, Don Britton, Sam Walker, Jr., Whitney Jackson Total dollar amount of our contract: $636,100.00
Project Dates: 2017 through present
Status of Project: Ongoing
Project Title: Bakersfield College Combined Gym and Field House Location: Bakersfield, California
Owner: Kern Community College District (KCCD)
Description of Project: Expansion of Bakersfield College Gymnasium and Fieldhouse Facilities
Estimated Cost of Project: $46,102,463.00
McIntosh & Associates/New Gen Engineering Group, Inc. Responsibilities/duties/tasks for project: Entitlements; Permitting; Site Plan Review processing; Preparation of all improvement plans onsite and offsite; Construction administration; Construction staking and permitting; Project Management; and Agency coordination.
Name of personnel who provided services listed above for project: Sean Reed, Matthew Tasos, Sam Walker, Jr., Don Britton, Scott Mayo, Sanny Uy Total dollar amount of our contract: $186,000.00
Project Dates: 2018 through present
Status of Project: Ongoing
MCINTOSH ENGINEERING GROUP ORGANIZATIONAL CHART:
Sean Reed, R.C.E.
Vice President,
Engineering
Blaine Neptune, R.C.E.
President
Whitney Jackson
Senior Planner
Don Britton, L.S.
Director of Surveying
Sam Walker, Jr., L.S.
Vice President,
Surveying
Julie Green
Project Administrator
Jeff Gann
Party Chief Survey
Kenny Boulton
Survey Chainman
Richard Luque
Party Chief Survey
Isaiah Zacarias
Survey Chainman
Chad Ingalls
Party Chief Survey
Cameron Webb
Survey Chainman
Miguel Loreto
Senior Project Manager
Matthew Tasos, E.I.T.
Senior Project Manager
Brooke Riehl, E.I.T.
Malik Masri, E.I.T.
David Fidelino
Office Engineers
Mark Nistor
Sanny Uy
Scott Mayo
Senior Design Engineers
Daniel Ben-Hur
Emeterio Tubera
Mark Woolsey
Design Draftsperson
Brian Blacklock, L.S.
Senior Land Surveyor
EMPLOYEE RESUMES AND QUALIFICATIONS
BLAINE S. NEPTUNE, RCE
PRESIDENT
PROJECT MANAGER/OFFEROR
Mr. Neptune has been in the field of Civil Engineering since 1991 and with McIntosh & Associates since 1991. He has earned his professional registration in three states - Colorado in 2001, California in 1995, and Arizona in 2003. His specialty is in the design and construction of subdivisions, commercial and industrial developments. His experience in land development includes processing Specific Plans, General Plans, Zone Change Applications, Tract Maps, Improvement Plans, and Permit Applications through City, County and State Agencies for approval. He has also completed Master Planned Community Studies including, Hydrology, Sewer and Water, and has prepared preliminary cost estimates used for feasibility studies, for multi-million dollar projects. He has completed projects in California, Arizona and Nevada. Mr. Neptune is presently responsible for the engineering management of all commercial, industrial and residential projects at McIntosh & Associates. Mr. Neptune is fluent in the use of AutoCAD for drafting and design and the use of spreadsheets for various types of engineering studies, data manipulation and engineering calculations along with several other types of engineering software. He is also a State qualified SWPPP Developer/Practitioner (QSD/QSP) and has prepared Stormwater Pollution Prevention Plans (SWPPPs) to conform to California’s NPDES General Permit.
Most recently, Mr. Neptune has assumed leadership roles in client development as President. He works closely with each client to bring about complete satisfaction during every phase of their project. Mr. Neptune is detail oriented and can be counted on to provide the utmost in professional care to the client throughout the duration of their project.
EDUCATION
Bachelor of Science degree in Civil Engineering
Colorado School of Mines, Golden, CO 1991
QUALIFICATIONS AND AFFILIATIONS
Registered Civil Engineer: Arizona - P.E. 38921 2003
California - R.C.E. 55102 1995
Colorado - P.E. 35380 1991
Certified SWPPP Developer/Practitioner (QSD/QSP) 2010