Shafter City Council
November 21, 2023

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.
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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
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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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7439
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EXHIBIT 'TB" TO
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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

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PORCH

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(Farmhouse & Contemporary Plans)
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This is a true certified copy of the
record if it bears the seal, imprinted
in purple ink, of lhe Recorder. afldØLL
J0N LlF0UlST, Assessor-Recorder
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
SAI{ JOAQT'IN ENGINEMING, INC.

Crvil xngLrerùtg I I¿nd lÞwlof,Ûãtr gi$h6
9óSO EÂCEUÂN BOAD, STE. 3 t228 BATEBSFIELD, CA 93312
PsoNE/FAx: (681)ss6-00?7
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PFEPAFEÞ ÉY:

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DAWSON, P.E.

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WAIER¡ CITY 0F SIIAFÌER
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CAS| SO. CAUF. GAS C0.

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DRAINAGE SHALL BE PER CITY SIANDAROS
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HICH SCHooL DISIRICT¡ KERN HIGH SCtlooL DlslRlCT
PROJECT ARÊA 29.4 ACRES (GROSS POST tLA)
LOf YELD: 3.64 / AC.

LOT SIZES: VARIES 7E00 SF' - 18,566 SF
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CITY PI-]ASING PEOUIPEMENTS

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

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director, Kevin Harmon, City Engineer
SUBJECT: ADOPTION OF RESOLUTION REGARDING DISADVANTAGED

BUSINESS ENTERPRISE IMPLEMENTATION AGREEMENT

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; adopt Resolution 2947, a Resolution of the City Council of the City of Shafter regarding Disadvantaged Business Enterprise (DBE) Implementation Agreement for the City of Shafter; and authorize the City Manager to sign said Agreement.

BACKGROUND
Recipients of Federal funds for street construction projects, including cities like Shafter, are typically required to ensure that Disadvantaged Business Enterprises (DBEs), defined by the Code of Federal Regulations, have an equal opportunity to participate in bidding and construction. Recipients must also ensure nondiscrimination in the award and administration of contracts that involve federal funding.

The City's DBE Implementation Agreement was drafted and released by Caltrans, which typically administers the City's federal funding for streets. The City has had DBE programs and implementation agreements in place since 2005. This type of agreement must be approved if there are changes to the required language. At a minimum, agreement updates must be approved every three years.

ANALYSIS
In addition to including updates to the required DBE language, the new agreement designates the City's Disadvantaged Business Enterprise Liaison Officer (DBELO) as Deputy Public Works Director Alex Gonzalez. The previous DBELO was former City Engineer Kevin Harmon. This updated agreement must be fully executed for the City to receive federal funding for future street projects. Authorizing City staff to execute the agreement is typically done through a Council resolution.

FISCAL IMPACT

ADOPTION OF RESOLUTION REGARDING DISADVANTAGED BUSINESS

ENTERPRISE IMPLEMENTATION AGREEMENT
- 2 -
Provided the current DBE Implementation Agreement is approved and executed by the City, federal funding can continue to be allocated to future street projects and reflected in the City's Capital Improvement Program as projects are added to the Federal Transportation Improvement Program. No budget action is required at this time.

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 modifications to the City's existing DBE Implementation Agreement and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
The City has completed several street improvement projects with federal funds conditioned upon having an updated DBE agreement, primarily for heavily traveled and high-profile roadways, such as Santa Fe Way, Zerker Road, Lerdo Highway, and James Street. Discontinuing a DBE program would result in the City relying more on local funds to complete projects like these.

NEXT STEPS
Upon the Council adopting Resolution 2947, the City Manager will execute the DBE Implementation Agreement so the City's DBE program can be current and compliant for future federal street funding.

ATTACHMENTS

1. Resolution 2947 DBE Implementation Program

2. DBE Implementation Agreement 2023

RESOLUTION NO. 2947

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

REGARDING DISADVANTAGED BUSINESS ENTERPRISE (DBE)

IMPLEMENATION AGREEMENT FOR THE CITY OF SHAFTER
The City Council of the City of Shafter resolves as follows:

WHEREAS, Title 49 of the Code of Federal Regulations (CFR), entitled “Participation by Minority Business Enterprise in the Department of Transportation Programs,” requires updating and certifying the City’s DBE program per recent legislation; and WHEREAS, Federal funding on construction projects cannot be authorized without a current DBE program.

NOW, THEREFORE, the City Council of the City of Shafter declares, finds, and resolves as follows:
1) That certain document entitled “City of Shafter Disadvantaged Business Enterprise (DBE) Implementation Agreement”, revised November 2023, is hereby adopted as the policy of the City of Shafter to utilize Disadvantaged Business Enterprises (DBE) in all aspects of contracting to the maximum extent feasible in connection with program activities funded wholly or in part by the U.S. Department of Transportation Federal Aid Funds. 2) That the City Manager is hereby authorized to execute said agreement and transmit same to the District 6 DLAE.

PASSED AND ADOPTED this 21 day of November, 2023.
_________________________________
Chad Givens, Mayor
ATTEST:
_________________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_________________________________
Marco A. Martinez, City Attorney

CALIFORNIA DEPARTMENT OF TRANSPORTATION

DIVISION OF RAIL AND MASS TRANSPORTATION

DISADVANTAGED BUSINESS ENTERPRISE

COMBINATION RACE-NEUTRAL/RACE-CONSCIOUS

IMPLEMENTATION AGREEMENT
FOR

FEDERAL TRANSIT GRANT

ADMINISTRATION SUBRECIPIENTS
2023

Revised November 1, 2023 - 1 -
DISADVANTAGED BUSINESS ENTERPRISE COMBINATION RACENEUTRAL/RACE CONSCIOUS IMPLEMENTATION AGREEMENT for City of Shafter, CA; hereinafter referred to as “SUBRECIPIENT”.

I Definition of Terms
The terms used in this agreement have the meanings defined in 49 CFR § 26.5.

II Objective/Policy Statement (§26/1. 26/23)
The SUBRECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this assistance, the SUBRECIPIENT will sign the California Department of Transportation’s Disadvantaged Business Enterprise Implementation Agreement (hereinafter referred to as Agreement). The SUBRECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26 requirements.

The SUBRECIPIENT must implement a policy to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also their policy:
 To ensure nondiscrimination in the award and administration of DOT-assisted procurement and contracts of products and services contracts.  To create a level playing field on which DBE’s can compete fairly for DOT-assisted procurement and contracts of products and services contracts.  To ensure that their annual overall DBE participation percentage is narrowly tailored, in accordance with applicable law.
 To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBEs.
 To help remove barriers to the participation of DBEs in DOT-assisted procurement and contracts of products and services contracts.
 To assist the development of firms that can compete successfully in the market place outside the DBE Program.

III Nondiscrimination (§26.7)
SUBRECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. In administering the local agency components of the DBE Program Plan, the SUBRECIPIENT will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

September 2020 - 2 -
IV Race-Neutral Means of Meeting the Annual DBE Goal (§26.51) SUBRECIPIENT will assist Caltrans to achieve its Overall Statewide DBE Goal by a combination race-neutral/race-conscious means of facilitating DBE participation. Race-neutral DBE participation includes any time a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low-bid system to award subcontracts).

Race-neutral means include, but are not limited to, the following:

1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces);

2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing);

3. Providing technical assistance and other services;

4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate);

5. Implementing a supportive services program to develop and improve immediate and longterm business management, record keeping, and financial and accounting capability for DBEs and other small businesses;

6. Providing services to help DBEs, and other small businesses, improve long-term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self-sufficiency;

7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has been historically low;

8. Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and

9. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media.

V Race Conscious Means of Meeting the Overall Statewide Annual DBE Goal (§26.51(d))
SUBRECIPIENT must establish contract goals for Disadvantaged Business Enterprises to meet any portion of your annual anticipated DBE participation level you do not project being able to

September 2020 - 3 -
meet using race neutral means. DBEs are limited to these certified DBEs that are owned and controlled by African Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, and non-minority women.

VI Quotas (§26.43)
SUBRECIPIENT will not use quotas or set-asides in any way in the administration of the local agency component of the DBE Program Plan.

VII DBE Liaison Officer (DBELO) (§26.25)
SUBRECIPIENT must designate a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan, as it pertains to the SUBRECIPIENT and Verifies that the SUBRECIPIENT is fully and properly advised concerning DBE Program Plan matters.

The name, address, telephone number, electronic mail address, and an organization chart displaying the DBELO’s position in the organization are found in Attachment A to this agreement.

The DBELO is responsible for developing, implementing, and monitoring the SUBRECIPIENT’s requirements of the DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the following:

1. Gathers and reports statistical data and other information as required.

2. Reviews third party contracts and purchase requisitions for compliance with this program.

3. Works with all departments to determine projected annual anticipated DBE participation level.

4. Verifies that bid notices and requests for proposals are made available to DBEs in a timely manner.

5. Analyzes DBE participation and identifies ways to encourage participation through raceneutral means.

6. Participates in pre-bid meetings.

7. Advises the CEO/governing body on DBE matters and DBE race-neutral issues.

8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding and insurance.

9. Plans and participates in DBE training seminars.

10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities.

VIII Federal Financial Assistance Agreement Assurance (§26.13) The SUBRECIPIENT will sign the following assurance, applicable to and to be included in all DOT-assisted procurement and contracts of products and services contracts and their administration, as part of the program supplement agreement for each project.

The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE

September 2020 - 4 -
Program, or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE Program, as required by 49 CFR, Part 26 as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). [Note – this language is to be used verbatim, as it is stated in §26.13(a).]
IX DBE Financial Institutions (§26.27)
It is the policy of the SUBRECIPIENT to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions.

Information on the availability of such institutions can be obtained from the Caltrans’ Disadvantaged Business Enterprise Program DBELO.

X Directory (§26.31)
SUBRECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program’s website at www.dot.ca.gov/hq/bep.

XI Required Contract Clauses (§§26.13, 26.29)
SUBRECIPIENT will include in each DOT-assisted prime contract and subcontracts the following contract assurance and prompt payment and return of retainage clauses:

DBE Contract Assurance
The CONTRACTOR, or SUBCONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR or SUBCONTRACTOR shall carry out applicable requirement of 49 CFR Part 26 in the award and administration of [Federal] DOTassisted contracts. Failure by the CONTRACTOR or SUBCONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of the Standard Agreement between the STATE and the Awarding Agency, the termination of this contract by the Awarding Agency, or such other remedy the STATE or Awarding Agency deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the CONTRACTOR from future bidding as non-responsive.

Awarding Agency shall notify the DBELO in the event the Awarding Agency finds the CONTRACTOR

September 2020 - 5 -
or SUBCONTRACTOR is in violation of 49 CFR Part 26 within five (5) business days the finding is made.

DBE Participation Goal
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The contract goal for participation of Disadvantaged Business Enterprises (DBE) for this contract is XX%.

Offerors are required to document sufficient DBE participation to meet the contract goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53 (3)(i)(A).

Award of this contract is conditioned on submission of the following:

1. If the offer meets the DBE contract goal the offeror must include with the offer a completed ADM-0227F form.

2. If the offer cannot meet the DBE contract goal the offeror must include with the offer a completed ADM-0312F form that documents the offeror’s good faith efforts (GFE) and ADM0227F form.

The CONTRACTOR shall not terminate the DBE subcontractors listed on ADM-0227F without the Awarding Agency’s prior written consent and concurrence from the DBELO. The Awarding Agency may provide such written consent only if the CONTRACTOR has good cause to terminate the DBE firm.

Before transmitting a request to terminate, the CONTRACTOR shall give notice in writing to the DBE SUBCONTRACTOR of its intent to terminate and the reason for the request. The CONTRACTOR shall give the DBE five (5) days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the contract for any reason, the CONTRACTOR shall make good faith efforts (GFE) to find another DBE subcontractor to substitute for the original DBE and immediately notify the Awarding Agency in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement.

Continued Compliance
The Awarding Agency shall monitor the CONTRACTOR’S DBE compliance during the life of this contract and submit to the STATE a completed ADM-0369 form in each their request for reimbursement (RFR) packet.

Prompt Payment and Return of Retainage
A. The Awarding Agency shall comply with 49 CFR Part 26.29 and ensure the CONTRACTOR pay its subcontractors performing work satisfactorily completed related to this contract no later than thirty (30) days after the CONTRACTOR’s receipt of payment for that work from the Awarding Agency.

B. Unless the approved project is for Construction, the CONTRACTOR shall not hold retainage (withhold retention) from any subcontractor. The STATE shall not hold retainage (i.e. withhold retention) from any CONTRACTOR.

C. If a dispute arises regarding Construction projects only, the CONTRACTOR may exercise its rights under California Public Contract Code (PCC) Sections 10262 and 10262.5 or California Business and Professions Code (BPC) Section 7108.5, as applicable.

D. The CONTRACTOR is required to pay its subcontractors for satisfactory performance of work related to this Agreement no later than 30 days after the CONTRACTOR’s receipt of payment for that work from the STATE. In addition, the CONTRACTOR is required to return any retainage (retention) payment to any subcontractor within 30 days after the subcontractor’s work related to

September 2020 - 6 -
this Agreement is satisfactorily completed.

XII Good Faith Effort (§§26.53)
The SUBRECIPIENT must provide proof of Good Faith Effort if the contract DBE Goal is not met as outlined in Appendix A to Part 26.

XIII FTA Transit Vehicle Manufacturer (TVM) Program (§§26.49) Pre-award
The SUBRECIPIENT will follow DBE requirements for rollingstock procurements including requiring each transit vehicle manufacture, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, certify that it has complied with the requirements of Section 26.49. The STATE, as part of its oversight responsibilities, will verify certification prior to expenditure authorization.

Post-award
SUBRECIPIENT is required to submit a copy of the final purchase order to the DRMT grant program liaison within fifteen (15) days of issuance. The DRMT grant program liaison will report to the FTA the award for rollingstock in the manner prescribed by the FTA grant agreement with DRMT. If this requirement is not met, the rollingstock reimbursement request may be denied.

XIII Bidders List (§26.11)
The SUBRECIPIENT will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted procurement and contracts of products and services contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of the firms.

XIV Reporting
SUBRECIPIENT will report bidder DBE information to the Division of Rail and Mass Transportation Procurement Management office prior to execution of contract award.

SUBRECIPIENT will submit the Disadvantaged Business Enterprise Awards-Commitments and Actual Payments form twice yearly to the District Transit Representative; Report due April 10 of each year for the period of October 1st to March 31st and Report due October 10 of each year for the period of April 1st to September 30th. Instructions and forms can be found on the DRMT DBE Program Website (http://www.dot.ca.gov/drmt/feddbe.html) XV Certification (§26.83(a))
SUBRECIPIENT Verifies that only DBE firms currently certified by the California Unified Certification Program will participate as DBEs on DOT-assisted procurement and contracts of products and services contracts.

September 2020 - 7 -
XV Confidentiality
SUBRECIPIENT will safeguard from disclosure to third parties, information that may reasonably be regarded as confidential business information consistent with federal, state, and local laws.

Date:
[Signature of Agency’s Chief Executive Officer]
Gabriel A. Gonzalez Phone Number: (661) 746-5005
[Print Name of Agency’s Chief Executive Officer]

September 2020 - 2 -

ATTACHMENT A

DBELO INFORMATION
Disadvantaged Business Enterprise Liaison Officer:

Name: Alex Gonzalez
Address: 336 Pacific Avenue
Shafter, CA 93263
E-mail: [email protected]
Telephone: (661) 746-5002
Organization Chart of DBELO in Organization:

City Manager
Gabriel A. Gonzalez
Public Works Director
Michael James
DBELO
Alex Gonzalez

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Kevin Harmon, City Engineer
SUBJECT: ACCEPTANCE OF DEDICATION OF EASEMENT FOR STREET &

PUBLIC UTILITY PURPOSES FROM LERDO LAND COMPANY

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and accept the dedication of easement for street and public utility purposes from Lerdo Land Company of California; and authorize the City Engineer to record said documents.

BACKGROUND
Lennar Homes of California will be the developer for Tract 7244, currently located on the north side of Seventh Standard Road between the Calloway and Friant Kern Canals. The City's conditions of approval require the oil lease at the northwest corner of Seventh Standard and Jewetta to have a masonry wall constructed along its perimeter.

City staff requested the portion of this wall along Seventh Standard Road be moved north to not interfere with an existing sewer main pipeline. Staff further requested an additional 15 feet of land be dedicated to the City to provide adequate space between the existing sewer main and the new wall.

The oil lease property in question belongs to Lerdo Land Company. At no cost to the City, they have consented to provide an easement for street and public utility purposes.

The dedications are profiled in Exhibit B of an easement agreement, included with this staff report.

ANALYSIS
Dedications like the one provided by Lerdo Land Company must be approved by the Council and recorded as a matter of public record.

FISCAL IMPACT
The dedication will be provided at no cost to the City. No budget action is required.

CEQA ANALYSIS

ACCEPTANCE OF DEDICATION OF EASEMENT FOR STREET & PUBLIC UTILITY

PURPOSES FROM LERDO LAND COMPANY
- 2 -
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is acceptance of dedication of easement for street and public utilities purposes and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
The proposed easement dedication is required to ensure adequate space between a new property line block wall and an existing sewer main pipeline. There is no alternative action for the Council to consider.

NEXT STEPS
Upon Council authorization, the easement dedication will be executed and recorded.

ATTACHMENTS

1. Exhibit B - Street & Public Utility Easement 2023.11.03

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director, Kevin Harmon, City Engineer
SUBJECT: ACCEPTANCE OF DEDICATION OF SLOPE EASEMENT FROM

LERDO LAND COMPANY

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; accept dedications of slope easement from Lerdo Land Company of California; and authorize the City Engineer to record said documents.

BACKGROUND
Lennar Homes of California is the developer for Tract 7244, currently located on the north side of Seventh Standard Road between the Calloway and Friant Kern Canals. The City's conditions of approval for the tract require an oil lease at the northwest corner of Seventh Standard and Jewetta to have a masonry wall constructed along its perimeter. Due to how the streets and adjacent residential lots were graded, the base of the wall around the oil lease will be significantly higher than the oil lease property, requiring graded slopes within the oil lease area to support the wall.

The oil lease property in question belongs to Lerdo Land Company. At no cost to the City, they have consented to provide an easement for the construction and ongoing maintenance of the graded slopes. The dedications are profiled in Exhibit B of an easement agreement, included with this staff report.

ANALYSIS
Dedications like the one provided by Lerdo Land Company must be approved by the Council and recorded as a matter of public record.

FISCAL IMPACT
The dedication will be provided at no cost to the City. No budget action is required.

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 acceptance of dedication of a slope easement and

ACCEPTANCE OF DEDICATION OF SLOPE EASEMENT FROM LERDO LAND

COMPANY
- 2 -
therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
The proposed easement dedication is required for the wall to be constructed and maintained. There is no alternative action for the Council to consider.

NEXT STEPS
Upon Council authorization, the easement dedication will be executed and recorded.

ATTACHMENTS

1. Exhibit B - Slope Easement 2023.11.03

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: APPROVAL OF TEMPORARY LICENSE AGREEMENT WITH

SHAFTER PARKS AND RECREATION DISTRICT FOR STORAGE

OF EQUIPMENT AT CITY CORPORATION YARD

RECOMMENDATION
Council find the action is exempt from CEQA; approve a License Agreement with Shafter Recreation and Parks District for the purpose of storing equipment at the City Corporation Yard; and authorize the City Manager to execute said agreement.

BACKGROUND
The Shafter Recreation and Parks District (District) is requesting a temporary use of space at the City Corporation Yard to store equipment that will eventually be installed at the District's planned park site development off East Ash Avenue. The equipment will likely be placed in sea train shipping or roll-off containers furnished by the District, which can be placed at a location that does not interfere with Public Works operations.

The estimated timeframe for this storage is one year.

ANALYSIS
Temporary use of City property is typically permitted and documented through a license agreement. With the assistance of the City Attorney, staff prepared an agreement, which currently dictates that the storage period will last through December 31, 2024, and access to the equipment by the District shall only be during regular business hours of the Corporation Yard. There would also be no fee charged to the District, primarily based on the benefit of the stored equipment once installed in the new park that will be open to the public. Lastly, the District would also be responsible for securing the stored equipment.

FISCAL IMPACT
Costs to prepare and administer the License Agreement can be covered with existing operational funds. No budget action is required.

CEQA ANALYSIS
Per Section 15304 (Minor Alterations to Land) of the CEQA Guidelines, the project is exempt from CEQA because it consists of minor alterations in the condition of land that

APPROVAL OF TEMPORARY LICENSE AGREEMENT WITH SHAFTER PARKS AND

RECREATION DISTRICT FOR STORAGE OF EQUIPMENT AT CITY CORPORATION YARD
- 2 -
do not involve the removal of healthy, mature, and scenic trees and is a minor temporary use having negligible or no permanent effects on the environment.

APPROVED BY THE CITY ATTORNEY
Yes

ALTERNATIVES
The Council can reject the recommended action to preserve space at the Corporation Yard for other purposes and have staff direct the District to find other equipment storage options. However, the storage would be temporary and would assist the District in developing a new park site for the benefit of the entire community. The storage location would also not interfere with Public Works operations. Therefore, alternative action is not recommended.

NEXT STEPS
Upon Council and District approval, the License Agreement can be executed. The equipment to be stored could start arriving in December.

ATTACHMENTS

1. Draft Temporary License Agreement

17236.00000\35035661.1

LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into on , 2023 ("Effective Date") by and between the City of Shafter, a public body, corporate and politic ("Shafter"), and Shafter Recreation and Park District (“Licensee") with its principal place of business located at 700 E Tulare Ave, Shafter, CA 93263. Shafter and Licensee are sometimes referred to herein individually as "Party" and collectively as "Parties." Recitals
A. Shafter owns that certain real property generally located at 720 Commerce Way, Shafter, California, as further described by the Kern County Assessor as Parcel Number 089- 230-65 and shown in Exhibit “A” (the "Property"); and
B. Licensee desires to obtain a temporary license for the limited purposes of entering and using the Property for equipment and vehicle storage; and NOW, THEREFORE, in consideration for the promises set forth in this Agreement, the Parties agree as follows:

Terms

1. Recitals. The Recitals are incorporated into and are made a part of this Agreement.

2. License. Shafter hereby grants to Licensee, and Licensee’s employees, agent, representatives, and contractors a revocable, exclusive, nontransferable License to access the Property for the limited purpose of allowing Licensee for the limited purposes of entering and using the Property for equipment vehicle storage. (the "License"). Licensee shall not use the Property for any other purposes whatsoever, except as authorized by subsequent written agreement signed by Shafter. The Parties hereby acknowledge and agree that use of the Property by Licensee, as set forth in this Agreement, is with the consent of Shafter and shall be considered permissive. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in the Property whatsoever between Shafter and Licensee.

The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as an agreement for the lease or other use of the Property by Licensee.

3. Public Works Operations and Maintenance. Through its use of the Property, Licensee shall not prevent or inhibit the ability for Shafter or its authorized agents access to onsite buildings and equipment for operation and maintenance purposes. Licensee access shall always be coordinated with Shafter at least 24 hours in advance.

4. Permitted Time of Access. Licensee shall only be permitted to access stored equipment from 7:30 a.m. through 4:00 p.m. Monday through Friday, excepting any holidays observed by Shafter.

5. Security. Licensee shall be fully responsible for the security of any equipment stored.

17236.00000\35035661.1

6. Improvements. No improvements or alterations to the Property shall be performed unless they are separately agreed to in writing by both parties and properly permitted.

7. Term. The term of this License shall commence on the Effective Date and shall, unless otherwise modified, continue until the earlier of December 31, 2024 or the date on which Shafter revokes and terminates this Agreement upon 30-day advanced written notice to Licensee with or without cause.

8. Removal of Property upon Termination. Licensee agrees to remove all of Licensee's equipment and property and any and all debris from the Property within twenty-four (24) hours of termination of this Agreement. In the event any equipment or property are not timely removed, Shafter will have the right to remove such equipment or property and Licensee agrees to be responsible for all associated costs of such removal and storage, if any.

9. Compliance with Law.
(a) Federal, State, and Local Laws. Licensee shall conduct its activities related to the License in compliance with all Federal, State and local laws. (b) Prevailing Wages.
(i) Licensee acknowledges that Shafter has made no representation, express or implied, to licensee or any person associated with licensee regarding whether or not laborers employed relative to the license must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to labor code sections 1720, et seq. Licensee agrees with Shafter that licensee shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to the license must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to labor code sections 1720, et seq. (ii) Licensee, on behalf of itself, its successors, and assigns, waives and releases Shafter from any right of action that may be available to any of them pursuant to labor code section 1781. Licensee acknowledges the protections of civil code section 1542 relative to the waiver and release contained in this section, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. By initialing below, licensee knowingly and voluntarily waives the provisions of section 1542 solely in connection with the waivers and releases of this section:

Licensee's initials:

17236.00000\35035661.1
(iii) Additionally, licensee shall indemnify, defend and hold harmless Shafter, pursuant to section 9, against any claims pursuant to labor code section 1781 arising from this agreement or the license.

10. Indemnity by Licensee.
(a) To the fullest extent permitted by law, Licensee shall indemnify, defend, and hold harmless the City, its elected officials, officers, volunteers, agents, attorneys and employees (“City Indemnitees”) from and against any and all claims, damages, losses, and expenses, including, but not limited to attorneys’ fees, arising out of or resulting from Licensee’s use of property pursuant to this License, including, but not limited to, storing vehicles and equipment by Licensee, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the willful or negligent acts or omissions of Licensee, its subcontractor(s), or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this section.
(b) In claims against any person or entity indemnified under this section by an employee of Licensee, its subcontractor(s), or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Licensee or its subcontractor(s) under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

11. Hazardous Materials. Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials and shall be solely responsible for the removal of any Hazardous Material, including asbestos, pursuant to this Agreement, stored or brought onto the Property by Licensee. As used in this Agreement, the term "Hazardous Material" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act, (33 U.S.C. §1317); (7) defined as a "hazardous substance: pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety, or property.

12. Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full force and effect, throughout the term of this Agreement, insurance in amounts and coverages shown below, including, without limitation, a provision that Shafter, and its officers, directors,

17236.00000\35035661.1
and employees, be included as additional insureds. Failure by Licensee to maintain all insurance in effect at all times shall constitute a default under this Agreement.

1. Worker's Compensation - Statutory; Employers’ liability - $1,000,000 each occurrence;

2. Comprehensive General liability (including Contractual Liability) - $1,000,000 each occurrence combined single limit; and

3. Comprehensive Automobile liability - $1,000,000 each occurrence combined single limit.

13. Sole Cost and Expense. Licensee expressly acknowledges that it is entering into this Agreement and performing the work authorized hereunder at its own risk. Licensee acknowledges that any work Licensee chooses to perform in connection with this Agreement shall be at its sole cost and expense. Licensee further acknowledges that any activity or work or act by Licensee, made in connection with this Agreement will not impose any obligation upon Shafter to compensate Licensee, to convey any sort of property interest to Licensee, or enter into or retain any agreement with Licensee.

14. Payment of Costs. Licensee shall be solely responsible for all costs and expenses of all activities contemplated by this Agreement. Licensee shall assure that its activities do not result in the filing or attempted enforcement of any claims or liens against the Property, and Licensee shall indemnify, defend, and hold Shafter, its officials, officers, employees, agents, and volunteers free and harmless from any claims based upon any work performed pursuant to this License.

15. No Third Party Rights. This Agreement is entered into between and solely for the benefit of Shafter and Licensee. No other person shall have any right to enforce the terms of this Agreement.

16. Notices. Any notice to be given or other document to be delivered by either party to the other hereunder shall be in writing and shall be deemed to have been duly given and received as of the third business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as set forth below:

Shafter: City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attention: City Manager

With a copy to: Best Best & Krieger, LLP
18101 Von Karman Ave, Suite 1000
Irvine, CA 92612
Attention: Marco Martinez, Esq.

Licensee: Shafter Recreation and Park District
Any Party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified.

17236.00000\35035661.1

17. Assignment. This License is personal to Licensee and may not be assigned without the prior written consent of the Shafter, which may grant or withhold consent in its sole discretion.

18. Attorneys' Fees. If a Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs.

19. Governing Law. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.

20. Entire Agreement: Severability. This Agreement contains the sole and complete agreement between the parties relating to the License. This Agreement may not be changed orally and may be amended only by an agreement in writing signed by both parties. In the event that any provision of this Agreement shall be held to be or become invalid or unenforceable in certain circumstances, the validity and enforceability of the remaining provisions, or such provision in other circumstances, shall not in any way be affected or impaired.

17236.00000\35035661.1
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above.

LICENSEE: SHAFTER:

Shafter Recreation and Park District CITY OF SHAFTER, a public body, corporate and politic
By: By:

Title:

City Manager
Attest:

City Clerk
Approved as to form:

By:

Best Best & Krieger LLP City Attorney

17236.00000\35035661.1
EXHIBIT “A”

PROPERTY ASSESSOR PARCEL MAP

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Dennis Fidler, Building Official
SUBJECT: AWARD BUILDING DEPARTMENT PLAN REVIEW SERVICES

CONTRACTS TO PLAN REVIEW CONSULTANTS

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve two professional services agreements awarded to JAS Pacific for plan review services not to exceed $100,000 and CSG Consultants for plan review services not to exceed $50,000; and authorize the City Manager to execute said agreements.

BACKGROUND
The building department has experienced a significant amount of growth over the past decade with a recent steady influx of construction activity over the past numerous years. While development has shown steady signs of increase, we expect this growth to hold steady in the coming years and now see it as our normal activity trends.

Historically, the building department has used the services of outside plan review consultants to help maintain service levels during high demand. The outside plan review consultants help maintain the service levels that the community is accustomed to, especially during busy times with some of the larger and / or more complex projects.

ANALYSIS
Over the past years, the City has had the benefit of working with JAS Pacific on many of the larger types and more complex projects. The relationship and quality of work with JAS Pacific has been nothing but exceptional and we are extremely pleased with the service levels provided. However, we have recently been approached by CSG Consultants for use of their plan review services and with the continued influx of activity, it made sense to obtain a statement of qualifications and fee sheet to have another plan review consultant available, especially to aid with not only maintaining the current services levels that we provide but to provide assistance to possibly exceed those existing levels with a new vision to speed up the plan review process and assist with an even more streamlined process.

FISCAL IMPACT

AWARD BUILDING DEPARTMENT PLAN REVIEW SERVICES CONTRACTS TO PLAN

REVIEW CONSULTANTS
- 2 -
No budget action is needed with the approval of this item. The adopted 2023-24 Annual Operating Building Department Budget has $150,000 available in professional services for said 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 professional services agreement for plan review services 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 reject the recommended action and use the current staffing for all necessary plan reviews; however, the City would have to significantly reduce service levels to keep up with the current demands. STAFF DOES NOT RECOMMEND THIS OPTION.

NEXT STEPS
Upon Council authorization, staff will issue professional services agreements to JAS Pacific and CSG Consultants to assist with plan review services, as needed.

ATTACHMENTS

1. Professional Services Agreement - JAS Pacific - 2023-2024 FY

2. JAS Pacific - Fee Schedule

3. Professional Services Agreement - CSG Consultants - 2023-2024 FY

4. CSG - Fee Schedule and Statement of Qualifications

CITY OF SHAFTER

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 2023 by and between the City of Shafter, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 336 Pacific Avenue, Shafter, California 93263 (“City”), and J a s on Ad d is o n Sm it h Co ns u lt in g Se r v ie s, I nc . DBA JAS Pa c if ic, a California Corporation with its principal place of business at Upland, Ca (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project: Building Plan Review Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the October 27, 2023; Legal Services Agreement attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000 dollars. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services,

or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term of Agreement:

The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project(s) completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement only upon 30 calendar days’ written notice to the City only in the event of City’s failure to perform in accordance with the terms of this agreement through no fault of the Consultant.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state, and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant.

Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor.

Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance.

Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
b. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein.
c. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

d. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents, or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

13. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time.

14. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Kern, State of California.

15. Termination or Abandonment.

The City and Consultant have the right to terminate work under this Agreement as set

forth in the agreement under “Term of Agreement”.

16. Organization.

Consultant shall assign Harley Jenkins as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

17. Limitation of Agreement.

This Agreement is limited to and includes only the work include in the Project described above.

18. Notice.

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:

City of Shafter Christine Champany
336 Pacific Avenue JAS Pacific
Shafter, California 93263 201 N. Euclid Avenue Ste. A
Attn: City Manager Upland, CA 91786
and shall be effective upon receipt thereof.

19. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

20. Equal Opportunity Employment.

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

21. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not

incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

22. Severability.

The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid, or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

24. Non-Waiver.

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

25. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

26. City’s Right to Employ Other Consultants.

City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

27. Prohibited Interests.

Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SIGNATURE PAGE FOR PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SHAFTER

AND JAS PACIFIC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SHAFTER JAS Pacific
By: By:

Gabriel A. Gonzalez
City Manager Its: Vice President
Printed Name: Christine Champany
ATTEST:

By: ________________________
City Clerk

October 27, 2023
Fee Schedule

BUILDING AND SAFETY SUPPORT SERVICES

BUILDING INSPECTOR

PLAN REVIEW
$95.00-$115.00/hour
65% of plan check fee
$125.00-$145.00/hour
Scope of Work
Provide plan check of submitted plans and documentation to check for structural, mechanical, plumbing, and/or electrical requirements as requested by City’s Building Official or his designee.

Provide plan check of submitted plans and documentation to determine compliance with City adopted Model Codes, Regulations, and procedures: Building Code, Plumbing Code, Mechanical Code, Electric Code and locally adopted amendments and ordinances.

CITY OF SHAFTER

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 2023 by and between the City of Shafter, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 336 Pacific Avenue, Shafter, California 93263 (“City”), and CSG Co ns u lta n t s a California limited liability partnership with its principal place of business at Paso Robles, Ca (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project: Building Plan Review Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the March 28, 2023; Legal Services Agreement attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $50,000 dollars. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services,

or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term of Agreement:

The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Project(s) completion, Consultant shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Consultant may terminate this Agreement only upon 30 calendar days’ written notice to the City only in the event of City’s failure to perform in accordance with the terms of this agreement through no fault of the Consultant.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state, and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant.

Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor.

Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance.

Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
b. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein.
c. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

d. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents, or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

13. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time.

14. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Kern, State of California.

15. Termination or Abandonment.

The City and Consultant have the right to terminate work under this Agreement as set

forth in the agreement under “Term of Agreement”.

16. Organization.

Consultant shall assign Bryan Spain and Ali Annan as Project Managers. The Project Managers shall not be removed from the Project or reassigned without the prior written consent of the City.

17. Limitation of Agreement.

This Agreement is limited to and includes only the work include in the Project described above.

18. Notice.

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT
City of Shafter Bryan Spain
336 Pacific Avenue Ali Annan
Shafter, California 93263 CSG Consultants
Attn: City Manager 809 9th Street, Suite 2A
Paso Robles, CA 93446
and shall be effective upon receipt thereof.

19. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

20. Equal Opportunity Employment.

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

21. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

22. Severability.

The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid, or illegal.

23. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

24. Non-Waiver.

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

25. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

26. City’s Right to Employ Other Consultants.

City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

27. Prohibited Interests.

Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SIGNATURE PAGE FOR PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SHAFTER

AND CSG CONSULTANTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SHAFTER CSG CONSULTANTS
By: By: __________________________________
Gabriel A. Gonzalez
City Manager Its: _______________________________
Printed Name:______________________
ATTEST:

By: ________________________
City Clerk

809 9th Street, Suite 2A
Paso Robles, CA 93446
805.693.2670 phone
650.522.2599 fax
www.csgengr.com

STATEMENT OF QUALIFICATIONS TO THE
City of Shafter
For Building Division Services
March 28, 2 0 2 3

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
Table of Contents
S E C T I O N 1 Cover Letter 1
S E C T I O N 2 Building Division Services 3
S E C T I O N 3 Additional Services 9
S E C T I O N 4 Organizational Chart 11
S E C T I O N 5 Project Examples & References 13
S E C T I O N 6 Fee Schedule 15
S E C T I O N 7 Appendix (Resumes) 16

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
809 9th Street, Suite 2A, Paso Robles, CA 93446
(805) 693-2670 phone | (650) 522.2599 fax | www.csgengr.com Cover Letter
March 28, 2023
City of Shafter
Dennis Fidler
Building Official
336 Pacific Ave.

Shafter, CA 93263
Re: Statement of Qualifications for Building Division Services Dear Mr. Fidler,
Thank you for the opportunity for CSG Consultants (CSG) to present its statement of qualifications to the City of Shafter for Building Division Services. CSG understands the City has been experiencing a high volume of building permit submittals and is interested in supplementing various plan review and contract building services to help minimize response times and improve customer service. We support numerous public agencies with our services, and our staff possesses a thorough understanding of state and city building laws/codes, while maintaining the highest level of professionalism and customer service. Based on the City’s needs, CSG can provide the City of Shafter with building division services that include the following:

Building Plan Review
Building Inspection
CASp Services
Plan Check Engineer
Remote Permit Processing
Permit Technician
CSG is an employee-owned, California corporation and works solely for public agencies, serving as a seamless extension of municipal staff. We currently furnish planning, environmental, sustainability, building and safety, fire prevention, code enforcement, public works, and a host of additional services to over 250 municipal clients throughout California.

For more than 32 years, CSG has had a solutions-oriented approach to our work, leveraging our team’s extensive experience and technical expertise to address a wide-range of client needs. We have a proven track record working with many jurisdictions in the region, as well as specific abilities to deliver project expediting services. Bryan Spain, P.E., CASp, will serve as the primary contact and can be readily available for meetings.

His contact information is as follows:

Bryan Spain, P.E., CASp, Project Manager/Principal Plan Check Engineer 806 9th Street, Suite 2A, Paso Robles, CA 93446
(805) 490-6058 Mobile | (805) 693-2670 Office | [email protected] We look forward to an opportunity to assist the City of Shafter with its building division services. Please do not hesitate to contact Mr. Spain should you have any questions or require additional information.

Sincerely,
Cyrus Kianpour, PE, PLS
President, CSG Consultants
S E C T I O N 1

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
2 C O M P A N Y P R O F I L E
CSG Consultants, Inc. (CSG) is an employee-owned, California company with our headquarters in Foster City, and additional offices in Paso Robles, San Jose, Pleasanton, Newman, Orange, and Fresno. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest. In this way, we can focus exclusively on the specific needs of our municipal clients. The majority of the 350+ individuals within our firm have provided public agency services throughout their entire careers. Our talented personnel bring a wealth of ideas and experiences, having held positions with communities facing similar development opportunities as the City of Shafter.

NAME OF FIRM: CSG Consultants, Inc.

POINTS OF CONTACT: Bryan Spain, PE, CASp | Regional Operations Manager (Building Services) HEADQUARTERS: 550 Pilgrim Drive, Foster City, CA 94404
(650) 522-2500 phone, (650) 522-2599 fax
www.csgengr.com | [email protected]
REGIONAL OFFICES: 3150 Almaden Expressway #255, San Jose, CA 95118 3875 Hopyard Road, Suite 141, Pleasanton, CA 94588
930 Fresno Street, Newman, CA 95360
3707 W. Garden Grove Boulevard, Orange, CA 92868
2121 North Palm Avenue, Suite 530, Fresno, CA 93704
1303 J Street, Suite 270, Sacramento, CA 95814
LOCAL OFFICE 809 9th Street, Suite 2A, Paso Robles, CA 93446 YEARS IN BUSINESS: 32 ● Founded in 1991
TYPE OF BUSINESS: California Corporation ● Incorporated June 15, 2000 ● Federal ID: 91-2053749

S T A F F C O M P O S I T I O N
Our multi-disciplined municipal services staff consists of the following types of professionals:
 Building Plan Reviewers & Inspectors  Planning Professionals  Fire Plan Reviewers & Inspectors  Code Enforcement Officers  Structural Engineers  Grading Improvement Plan Reviewers & Inspectors  Plan Review Engineers  Civil Engineers
 Fire Protection Engineers  Construction Managers
 Building Officials  Construction Inspectors
 CASp Professionals  Information Technology Professionals  Permit Technicians  Sustainability Professionals

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
3 Building Division Services

A P P R O A C H T O W O R K
CSG’s team members are selected to best support the specific needs of the agency and will deliver exceptional service through application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative and helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent, strong technical foundation to all projects. From providing leading-edge digital plan review and online plan check status reporting to delivering faster-thanscheduled turnaround times and code interpretations, CSG will deliver the highest quality services to the Agency. CSG’s approach to work includes the following methodologies and key benefits:
 A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed and certified at the highest level of industry standards. To keep our personnel on the industry’s leading edge, many serve as instructors and lecturers and sit on boards and committees for organizations developing and implementing important code regulations. We also keep current with the latest in procedures and use of products by attending regional, state and national training opportunities and industry provided product/materials training.
 Customized, responsive services. We are skilled at assessing time commitments, developing accurate work plans and applying dedicated, professional personnel with the skills and experience best-suited for the project. We can quickly fine-tune staffing levels to match or adjust to changes in plan review, inspection, and front counter activity and ensure responsiveness to customers. With our digital plan review capabilities, we are able to utilize plan review resources from any of our regional offices. In addition, we excel at coordinating with all agency departments as well as outside agencies.  Rapid turnarounds and expedited services. With extensive experience in both code application and the digital plan review process, our staff excels at performing expeditious turnarounds while delivering thorough and accurate reviews. We easily match and more often beat any required review turnaround deadlines.
 Leading-edge, cost-saving technology and methods. CSG delivers a suite of digital options— speedy digital plan reviews and electronic versions of plan comments; an easy-to-use online application for plan submittal, tracking and approval of digital plans; and available full scanning and archiving services. In addition, through knowledge gained from service to over 350 public agencies, we are constantly improving and adapting to provide our clients with the most cost-effective services.  Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint and promotes environmental stewardship through environmentally preferable purchasing and other actions including use of a digital plan review system that bypasses paper consumption, and use of duplexing and recycled, post-consumer content paper when printing is necessary.

S E C T I O N 2

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
4 B U I L D I N G P L A N R E V I E W S E R V I C E S
CSG’s team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge thorough and accurate reviews and prompt turnaround times, and offer proven digital plan review services and comprehensive online status reports. CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.

Compliance Standards
Our engineers and plan reviewers carefully review all plans and documents for compliance with building codes, fire codes, energy conservation standards, and accessibility regulations adopted by the State of California, and all local policies and ordinances including but not limited to:
 California Building Code, Volumes 1 and 2
 California Residential Code
 California Electrical Code
 California Plumbing Code
 California Mechanical Code
 California Fire Code
 California Energy Code
 California Green Building Standards Code (CALGreen)
 California Existing Building Code
 California Health and Safety Code
 National Fire Protection Association (NFPA) Standards as adopted and referenced by the State of California (California Code of Regulations, Title-19)
 State Historical Building Code
 NPDES/WQMP/SWPPP Compliance
 Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies Digital Plan Review
CSG has been providing digital plan
review services for over 20 years,
leading the consultant field with this
ground-breaking service. All paper plans
submitted to CSG for building and fire
plan review are immediately scanned
into digital files and stored on CSG’s
servers for quick and easy access by both our clients and our plan reviewers.

Our plan reviewers furnish electronic versions of their plan comments conforming to each client’s established correction list templates. Any additional forms utilized by the agency will be incorporated into the correction comments and returned with the appropriate recommendations. Plan check comments can be delivered electronically by email or other agency-approved means, enabling staff to immediately modify CSG’s checklist for incorporation with other department comments. We provide convenient, environmentally friendly digital storage of all construction-related documents, and on request, can provide clients with a set of digitally scanned plans at no additional cost.

Leading the field in
digital plan review
services for over 20
years.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
5 In addition, for jurisdictions requesting a pure digital plan review workflow, we can enable an applicant to submit digital files—with no size limitations— directly to CSG via our web-based application. Our application includes an online portal for the applicant/jurisdiction to retrieve comments and markedup digital plans including redlines. Importantly, this service tracks the status of all submittals and re-submittals until the plans have been approved.

Key features of our digital plan review service include:
⚫ Efficient. Plans are pushed to plan review staff the same day they are received.
⚫ User-friendly. CSG developed its own online portal specifically to manage the electronic file submittal process. Through use of this interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex file transfer settings. ⚫ Proven. We have provided a digital plan review option to our clients for over 20 years.
⚫ Non-Proprietary. CSG’s electronic review process is 100% PDF-based with no additional software required to view redlines.

Online Plan Check Status
CSG offers a convenient service allowing clients to
check plan review status and comments online. By
accessing our secure Plan Check Status website,
agency staff as well as authorized applicants can view
their project documents and plans and communicate
with the specific plan checker via e-mail. Staff and
authorized applicants can download comments upon completion of the plan check.

There is no additional cost for this service.

Plans Pickup and Delivery
CSG will coordinate pickup and delivery of plans and other materials from/to the agency via CSG personnel or an approved alternative service.

Green Building and LEED Accreditation
Our Building Division team is experienced in plan review and inspection for compliance with CALGreen and local green building ordinances and includes LEED Accredited Professionals. In addition, CSG Consultants has the qualifications necessary to assist with both the development of policy and the implementation of green and sustainable building practices. CSG’s Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs and public outreach to the building industry.

CASp Review Services
We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified team members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. When requested and in accordance with current regulations, CSG can provide CASp certified professionals to review plans for accessibility and to facilitate compliance with regulations.

All paper plans
submitted to CSG
are immediately
scanned into digital
files for quick and
easy access by our
clients and plan
reviewers.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
6 OSHPD 3 Reviews
Our professional engineers and certified plans examiners are well-versed in the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies.

Third-Party Plan Review Services
Subject to the Building Official’s approval, CSG can offer comprehensive, cost-effective third-party plan review services to our public agency clients on projects for which applicants may be seeking plan review turnaround times that cannot be readily accommodated by building department staff. Under such third-party agreements, and the agency’s approval, CSG negotiates plan review fees and review schedules directly with the permit applicant, with CSG’s fees paid by the applicant.

AVAILABILITY AND CUSTOMER SERVICE
We clearly understand the importance of our role in the success of the City of Shafter and commit to providing project stakeholders and City staff with the highest level of service while functioning as a seamless extension of the City. We believe effective communication, responsiveness and an intense focus on customer service are essential to developing and continuing a successful working relationship between City staff, project stakeholders and CSG’s team members.

Office Hours and Meeting Availability
Plan Review
CSG plan checkers are available for inquiries anytime during normal business hours via phone or email, Monday through Friday. Our plan checkers can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the following day a request is received.

To assist the City of Shafter, we can also meet in-person with City staff and project stakeholders or can utilize video conferencing with all parties involved.

Additionally, we recognize the value of pre-design consultation with prospective applicants and are available to provide this service at no additional cost. Our designated Project Manager and/or technical staff will be available in-person for consultation and meetings with a reasonable lead time.

Inspection
CSG inspectors can be ready to provide services upon request to CSG’s designated project manager. We are flexible and can alter our hours to meet the City’s needs. Evening and weekend inspections for special construction needs can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received.

We recognize the
value of pre-design
consultation and are
available to provide
this important
service.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
7 P L A N C H E C K T U R N A R O U N D T I M E S
CSG strives to provide the highest quality and most timely service in the industry. We take pride in maintaining the requested plan review times for all our clients—even delivering faster than our own deadlines. CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner. The following are CSG’s proposed plan check turnaround times:

TYPE OF REVIEW

INITIAL REVIEW
(BUSINESS
DAYS)2

RE-CHECK
(BUSINESS
DAYS)2
Residential New Construction 10 5
Residential Additions 10 5
Small Residential Remodels 10 5
Commercial New Construction & Large/Complex Projects1 15 7 Commercial Additions 10 5
Small Commercial Remodels/Tenant Improvements 10 5
Expedited 5 5
1Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround time, CSG will notify the City’s representative and negotiate additional time required to ensure an appropriate level of review.
2 The number of working days associated with the plan check turnaround time is based on time of project submittal.

The first working day will be the day the project is received by CSG if submitted by 12:00 PM. For a project that is received by CSG after 12:00 PM, the first working day will be the next business day.

Expedited Plan Check Services
At the City’s request, we can perform plan check services on an accelerated schedule based on the fees indicated in our fee schedule.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
8 B U I L D I N G I N S P E C T I O N S E R V I C E S
CSG provides fully integrated, multi-disciplined building inspection services for residential, commercial, and industrial projects. Our inspection personnel have an outstanding mixture of technical expertise and experience in all construction types. We provide experienced, ICC certified inspectors who work with a team approach to ensure compliance with applicable codes and requirements and provide solutions to mitigate potential risks and safety hazards. Using well-honed customer service and communication skills our inspectors excel at educating stakeholders to keep projects moving forward. Our inspectors also utilize current technologies and equipment to view plans and documents, research related code requirements, document field conditions and progress, and share that information with stakeholders while in the field.

Key services include but are not limited to the following:

Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes
Offering code interpretation and education
Seamlessly integrating into client organizations and consistently enforcing policies and procedures
Addressing and resolving inquiries
Maintaining records and files
Providing all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties.

PERMIT TECHNICIAN SERVICES (REMOTE)
CSG has highly qualified staff available to provide Permit Technician services.

These frontline, first-response services are vital to the success of the entire building and safety permit process as they often set the tone for the applicant whether a homeowner, contractor, or design professional. CSG handpicks exceptionally qualified personnel who can function as seamless extensions of the agency’s team, understand the importance of exemplary customer service, and have knowledge of the inner workings of building departments and thorough familiarity with the building application and permit process.

CSG's permit processing staff is trained in customer service and helping to facilitate and expedite the permit process. Our staff members can perform quick assessments of each customer’s needs and ensure that they are served appropriately. They are familiar with State Contractors License Law and ensure that permits are issued to properly licensed contractors. CSG’s permit technicians are also familiar with multiple permit software systems and will quickly gain proficiency with the software that has been customized for the City. Our staff is knowledgeable and experienced with permit processing functions including:

Providing the public with appropriate forms and handouts Processing permit applications and issuing permits using the City’s software Accepting plans, documents, structural calculations and energy reports for permit processing Routing plans to building and other departments and agencies Performing document control, ensuring permit file integrity, and maintaining status of plans and documents during the permit process.

Preparing plan check letters to be sent to applicants
Assisting the public with completing applications and other required forms Preparing documents and reports; providing permit record materials requested from the public; researching and compiling documents for compliance with Public Records Act (PRA) requests.

CSG provides all
vehicles, fuel,
maintenance, and
other equipment
necessary for
inspectors to carry
out duties, with no
additional charges.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
9 Additional Services
In addition to building division services, CSG also offers the following services for the City’s consideration:

F IRE PLAN REVIEW SERVICES
Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge thorough and accurate reviews and prompt turnaround times, and offer proven digital plan review services and comprehensive online status reports. CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.

Multi-faceted Expertise
CSG furnishes plan review for fire and life safety, fire department access and water supply, wildland urban interface, fire protection systems, and special hazards for all structures with emphasis on the unique needs and requirements of each of our clients. We have expertise in the special requirements and risks associated with industrial and commercial buildings as well as single- and multi-family complexes. All fire plan review and inspection personnel are thoroughly trained in and familiar with jurisdictional processes, working with multiple agency departments, and serving the public.

FIRE INSPECTION SERVICES
CSG offers experienced, CSFM/ICC certified inspectors. Typical responsibilities include, but are not limited to:
providing inspection services for fire and life safety systems and construction, in addition to maintaining records and files concerning fire permits and code administration documents. We offer fully integrated, multi-disciplined fire inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. Specific inspections include, but are not limited to:
 Automatic Fire Sprinkler Systems
 Engineered and Pre-engineered Fire Protection Systems (e.g., kitchen hoods, spray booths, clean agent systems)
 Fire Alarm Systems
 Development Improvements (e.g., fire hydrant and other types of water supply systems, fire department access, underground fire Services)
 Fire Code Maintenance/Life Safety (e.g., permitted sites, public and private schools, State licensed facilities, hotels, motels and apartment complexes)

CODE ENFORCEMENT SERVICES
CSG maintains experienced Code Enforcement Officers who are fully trained, licensed and certified through the California Association of Code Enforcement Officers (CACEO) and the National Environmental Health Association (NEHA) for any code enforcement or health and safety challenge presented.

Code Enforcement Supervision
CSG can provide interim staffing to oversee an agency’s code enforcement personnel and day-to-day activities, ensuring, for example that procedures are followed, caseloads are managed effectively, and that code enforcement officers work fairly and consistently with property owners and reporting parties. Our personnel are adept at serving as liaisons for Code Enforcement units when interacting with members of S E C T I O N 3

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
10 other departments. CSG Code Enforcement Managers may be called upon to attend department meetings, committee meetings and City Council meetings as a code enforcement program progresses. They can be also available to assist code enforcement officers, law enforcement, and other City staff as well as representatives of other agencies on field visits when needed. In addition, CSG personnel can review existing code enforcement programs—look for efficiencies and help establish appropriate policies and procedures to facilitate the mission of the code enforcement unit.

Code Enforcement Services
CSG’s Code Enforcement Officers work to identify code violations and engage stakeholders and responsible parties to correct code violations consistent with municipal and state codes tailored to the specific needs of the agency. Examples of codes and ordinances enforced include:

Zoning codes
Building codes
Housing codes
Public nuisance codes
State health & safety codes
Special concerns such as work and safety regulations, short term rental enforcement, massage and human trafficking, and marijuana dispensaries
Our Code Enforcement Officers have extensive experience and skills in the following key areas:

Public outreach and education to stakeholders, citizens, businesses, and various organizations.

Addressing compliance with applicable local, state, and federal laws Proactively patrolling the community on a regular basis to detect applicable violations The ability and skill to interact with residents and other community investors in a calm, professional, and empathetic fashion
Regular reporting to designated City staff on activities performed Procedural knowledge of law enforcement principles, including PC832 certifications Executing and serving warning and notice letters to violators.

Responding to public questions and providing clarification when requested Code enforcement program review and analysis
Preparing administrative remedy notices including administrative citations Conducting administrative hearings
Preparing program documentation and staff reports as well as committee and City Council presentations Testifying on behalf of clients in administrative hearings or criminal court License and permit application review and processing
Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorneys
Providing information on municipal regulations to property owners, residents, businesses, the public, and agency departments
Although a majority of our results are gained by voluntary compliance, our services include a full range of code enforcement activities, including:

Enforcing administrative abatements and managing receiverships Testifying in public hearings and court proceedings on behalf of the agency Facilitating settlement agreements
Recommending changes to municipal codes
Serving as expert witnesses in administrative, civil, or criminal venues

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
11 Organizational Chart

B U I L D I N G S E R V I C E S S T A F F
CSG’s business model is to serve as an extension of municipal staff— working solely for public agencies and not for private developers. Our team members excel at customer service and maintain CSG’s high standards of integrity, responsiveness, and work quality. We do this seamlessly, minimizing disruption to the City’s existing workflows and processes. No subcontractors will be utilized for this project. We take pride in providing project managers who have a variety of project experience, who are motivated to excel in their field, and who have technical and customer service skills that are crucial to on-the-job success. Resumes for key staff have been provided in the appendix, additional resumes can be provided upon request.

BUILDING INSPECTION

PERMIT TECHNICIAN (REMOTE)
Jamie Striegel
Permit Technician

BUILDING PLAN REVIEW
Yvonne Christopher, CBO
Principal Plans Examiner
Christine Jansen, PE
Principal Plan Check Engineer
Scott Martini, PE
Senior Plan Check Engineer
Annette Mayfield, CASp
Senior Plans Examiner
Thomas Pallinger
Senior Plans Examiner
Phiroze Wadia, SE, LEED AP
Principal Structural Engineer
Bounmy Soumountha, SE, CBO
Senior Structural Engineer
Shweta Prakash, PE, CBO
Principal Plan Check Engineer
Shiping Feng, SE
Senior Structural Engineer
Andrew Stuffler, CBO
Senior Plans Examiner
Rajesh Vangala, CBO, CASp
Principal Plans Examiner
Ivan Ramirez
Building Plans Examiner
Don Price, SE
Senior Structural Engineer
Ali Annan, PE, CBO, CASp
Senior Plans Examiner
Mark Sadowski
Senior Plans Examiner
Mike Brinkman, CASp,CBO,MCP
Senior Plan Reviewer
Jonathan Hurst, CBO, CFM
Senior Plans Examiner
Randy Brumley
Building Plans Examiner
Stuart England, CASp
Senior Plans Examiner
Linh Tran, PE
Senior Plan Check Engineer
Helen Chiu, PE
Senior Plan Check Engineer
David Nesbet, PE
Senior Plan Check Engineer
Kit Wong
Principal Plans Examiner
Lily Hallett, CASp
Building Plans Examiner
Steven May
Principal Plans Examiner
Lara Huskey
Building Plans Examiner
S E C T I O N 4
Bryan Spain, PE, CASp
Regional Manager
Crickett Brinkman
Primary Administrative Contact

PROJECT MANAGEMENT
Troy Alvord
Senior Building Inspector
Josh Laupua
Senior Building Inspector
Kenny Cabral
Senior Building Inspector
Robert Hernandez
Building Inspector
Arturo Macias
Building Inspector

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
12 C O M M I T M E N T T O E X C E L L E N C E
Our People
Our clients benefit from the expertise of our team members who hold a wide variety of project experiences and are motivated to achieve the highest level of technical proficiency and certification. Knowing technical excellence is vital to successful service to our clients and to meeting their jurisdictions’ level of safety and code compliance, our team members are ICC certified, include registered engineers, and possess additional required professional certifications. They routinely update their knowledge and skills through attendance of specialized training classes and continuing certification seminars in the most current building codes and standards as well as approved and modern methods, materials, tools and safety practices used in the industry. In addition, we understand that integrity, responsive customer service, and excellent communication and interpersonal skills are critical to on-the-job success, and we actively seek these qualities in our team members.

We also support our team members in their participation in and contributions to the many important associations and organizations within our industry. Many of our team members hold or have held key positions within the organizations listed below and have served as in-demand instructors and trainers.

League of California Cities
International Code Council
California Building Officials
County Building Officials Association of California
ICC Chapters of Central Coast, Foothill, Napa-Solano,
Peninsula, East Bay, Monterey, Sacramento Valley,
Yosemite, Shasta Cascade, Redwood Empire, Los
Angeles Basin, Orange Empire, Coachella
Certified Access Specialist Institute (CASI)
California Fire Chiefs Association
Northern California Fire Prevention Officers
Southern California Fire Prevention Officers
National Fire Protection Association
California Automatic Fire Alarm Association
American Fire Sprinkler Association
National Fire Sprinkler Association
American Public Works Association
American Society of Safety Engineers (ASSE)
Institute of Transportation Engineers
Structural Engineers Association of Northern California Structural Engineers Association of Southern California Quality Assurance
Key to our approach to quality assurance is that it must occur throughout the entirety of the project and with the right people involved every step of the way. Our team’s unwavering integrity and commitment are combined with our internal processes and leading-edge digital technology to consistently produce quality work products and maintain highly satisfied clients. At project outset, CSG’s project manager assigns the most technically specialized team members who, through their experience and training, best understand the needs of our client. Our quality control processes include verifying procedures and code requirements, defining and applying standards used in code applications, and assessing work products to ensure that jurisdictional requirements and expectations are met.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
13 Project Examples & References
Our track record of success with our clients is outstanding and we encourage you to contact our references with any questions or clarification you might require. The following is a partial list of references for which CSG has provided similar services as those requested by the City.

County of Monterey
Josh Bowling
Chief of Building Services
1441 Schilling Place, Second Floor
Salinas, CA 93901
(831) 755-5227
[email protected]
Building Plan Review
2007—Ongoing
City of San Luis Obispo
Rodger Maggio
Building Official / Fire Marshal
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7180
[email protected]
Building Plan Review
2021 – Ongoing
County of Fresno
Dan Mather
Chief Building Inspector
2220 Tulare Street, 6th Floor
Fresno, CA 93721
(559) 600-4560
[email protected]
Building Plan Review
2018—Ongoing
County of San Luis Obispo
Cheryl Journey
Chief Building Officer
976 Osos St. Room #200
San Luis Obispo, CA 93408
(805) 781-1314
[email protected]
Building Plan Review
City of Paso Robles
Brian Cowen
Chief Building Official
1000 Spring Street
Paso Robles, CA 93446
(805) 237-3850
[email protected]
Building Plan Review
County of Ventura
Ruben Barrera
Building Official
800 South Victoria Ave.

Ventura, CA 93009
(805) 654-2787
[email protected]
Engineering Plan Review, Building Plan Review
2012—Ongoing
S E C T I O N 5

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
14 P R O J E C T E X A M P L E S
The following is a small sampling of projects for which CSG’s staff have provided services for:

CALIFORNIA FLATS SOLAR FARM | COUNTY OF MONTEREY, CA
Building Plan Review
CSG has performed building plan review for a variety of largescale solar power plants including this massive solar farm on a 2,900-acre site in Monterey County. The project included plan review for 280-megawatt power station with over 1 million solar panels capable of serving the energy needs of approximately 100,000 homes.

THE VILLAGES| CITY OF LOS BANOS, CA
Building Plan Review & Inspection
CSG provided building plan review and inspection on this residential development in Los Banos, CA. This project
included review of 4 master plans ranging from 1,515 to 2,814 square feet, as well as inspection of all units in the development.

HAMPTON INN | CITY OF PATTERSON, CA
Building Plan Review & Inspection
CSG performed building plan review and inspection for this new 48,471 square foot, 4-story hotel with a valuation of $7,500,000. The project is Type V-A construction, fully sprinklered and includes 86 guestrooms, business occupancies, a lobby, breakfast area, meeting room, fitness room, and an outdoor pool and spa.

GREENFIELD COMMONS | CITY OF GREENFIELD, CA
Building Plan Review
CSG is providing building plan review services for the Greenfield Commons residential project, which is comprised of eight residential buildings, two laundry buildings, a maintenance building and a community building. The project includes a total of 222 apartments in two-story modular structures, 333 parking spaces, 227 bicycle spaces, and is a 100% affordable development. The community building features amenities for residents such as fitness areas, laundry rooms, a kitchen, conference space, a general lobby and leasing offices—while Courtyard spaces serve as an integral component of the development.

SAN LUIS RANCH | CITY OF SAN LUIS OBISPO, CA
Building Plan Review
CSG is providing building plan review for this 130-acre property along US Highway 101. The project will include 580 residential units, 200,000 square feet of commercial space, 140,000 square feet of office development, and a 200-room hotel.

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
15 Fee Schedule

BUILDING SERVICES RATES
CSG’s fee schedule for proposed work is provided below. If plans are not submitted electronically, CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. This service is provided at no additional cost. Plan review is based on a percentage of the agency’s plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency.

SERVICE / ROLE ALL INCLUSIVE FEE / HOURLY RATE
Off-Site Building Plan Review (by Percentage)
Full Building Plan Review by Percentage 70% of Agency’s Building Plan Check Fees Structural Only Plan Review by Percentage 45% of Agency’s Building Plan Check Fees Expedited Plan Review by Percentage 95% of Agency’s Building Plan Check Fees Off-Site Building Plan Review (Hourly Rates)
Building Plan Review $120
Building Plan Review – Professional Engineer $135
Building Plan Review – Structural Engineer $150
Structural Only Plan Review $150
Grading Plan Review – Civil Engineer $200
Expedited Plan Review (Hourly) 1.5 x Hourly Rate
CASp Services
CASp Plan Review/Consultation $160
CASp Inspection/Consultation $160
Building Department Services
Permit Technician (Remote) $90
Senior Permit Technician (Remote) $105
Certified Building Inspector $100
Certified Combination Building Inspector $115
Building Department Administrative Services $145
All hourly rates include salaries, benefits, workers compensation insurance, local travel, and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the Agency prior to proceeding. Overtime services and services provided outside of normal business hours will be billed at 1.5x the applicable hourly rate. Depending on project size and scope, CSG’s percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the Agency and CSG. Hourly rates for publicly funded projects will be based on current prevailing wage rates. On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.

Building Department Administrative Services may include developing and establishing: building department workflows and relationships with other agency departments, building permit code requirements, inspector and permit technician responsibilities, criteria for over-the-counter plan review and out-to-plan check projects, transmittals and routing processes, Building Department handouts for different project types; and may include other duties as assigned by the Agency.

S E C T I O N 6

STATEMENT OF QUALIFICATIONS TO THE CITY OF SHAFTER

FOR BUILDING DIVISION SERVICES
16 Appendix –Resumes of Key Staff S E C T I O N 7

17 Bryan

LICENSES/CERTIFICATIONS
Registered Professional Engineer:

CA, #C46854
DSA Certified Access Specialist:

CASp #092
ICC Certified: Plans Examiner

EDUCATION
B.S., Architectural Engineering
California Polytechnic State University,
San Luis Obispo, CA

PROFESSIONAL AFFILIATIONS
California Building Officials (CALBO)
2017-2022 Director
CALBO Emergency Preparedness
Committee, 2019-2022
Liaison/Current Committee Member
CALBO Access Committee, 2017- 2018
Vice Chair/Liaison
International Code Council (ICC)
Central Coast Chapter ICC
2015 President
Current Member
County Building Officials Association of
California (CBAOC)
Past Board Member
Structural Engineers Association of
Southern California (SEAOSC)
Past Member
Spain PE, CASp
Principal Plan Check Engineer
Mr. Spain has more than 35 years of experience, including working as a Regional Manager and Vice President prior to joining CSG. Mr. Spain is the Regional Operations Manager of the Central Coast and supervises CSG’s Paso Robles Office. He is keenly aware of the need for superior customer service and timely plan reviews that are consistent, responsive, and cost effective. He works closely with government agency staff to enhance our Building & Fire Life Safety, Code Enforcement, and Planning Services.

RELEVANT EXPERIENCE
Regional Manager / Principal Plan Review Engineer | Bureau Veritas, San Luis Obispo, CA Mr. Spain provided nearly 22 years of service to Bureau Veritas North America (BVNA), as a Regional Manager and Vice President of California Code Check, Inc. prior to its acquisition in 2017 by BVNA. In this role, he supervised the Central Coast Office, managing staff and operations. He built relationships with architects, engineers, contractors, owners and agency staff to facilitate resolution of complex structural/life safety issues.

Mr. Spain served as a consulting Building Official for the City of Solvang from 2005 to 2019. He consulted with agency staff to enhance Building Division operations and to determine methods to enhance and streamline services and improve efficiencies of customer services and project budgets. He checked and provided quality control reviews of plan reviews performed by plan checkers of residential and commercial projects for compliance with California and local jurisdiction ordinances for Building, Plumbing, Mechanical, Electrical, Green Building Codes and Title 24 regulations (energy, disabled access and noise). Additional responsibilities included mentoring/training new plan check engineers, Associate Plan Check Engineer | City of Simi Valley
Mr. Spain checked architectural and structural plans for commercial and residential buildings, tenant improvements, swimming pools, signs and other structures. He provided field training for inspection/plan check staff, and responded to architectural, structural and disabled access code queries. In addition, he developed policies and hand-outs, and utilized “Sierra-Permits Plus” to issue building permits.

Project Engineer | Fred H. Schott and Associates, Structural Engineering Mr. Spain’s projects included the seismic retrofit of the First Bank of Italy building in Lompoc, CA; seismic retrofit/strengthening of a precast concrete industrial building and an un-reinforced structure; rehabilitation of a steel tower, structural evaluation of the Old Powerhouse Building and remodel of El Corral Bookstore on the Cal Poly San Luis Obispo campus. He contributed to the designs/inspections of sea walls and stairways to beaches along the California Coast as well as multiple timber structures.

18 Ali

LICENSES/CERTIFICATIONS
California Licensed
Professional Engineer (PE)-Civil
Certified Building Official (CBO)
Certified Fire Marshal (CFM)
Certified Building Code Specialist
Certified Building Inspector
Certified Building Plans Examiner
Certified Access Specialist (CASp)

EDUCATION
Bachelor of Science Degree,
Civil Engineering
Cal State University, Los Angeles
Palomar College, San Diego
Associate in Arts Degree

PROFESSIONAL AFFILIATIONS
Certified Access Specialist Institute
Principal Director of County Building
Officials Association of California
American Public Works Association
(APWA): Past President and currently
serving as an executive
Board Member, Local Chapter
Annan PE, CBO, CFM, CASp
Senior Plan Check Engineer
Mr. Annan‘s professional background consists of over 36 years of diversified experience in Building Department Services, Engineering, Code Compliance and Enforcement of California Code of Regulations, Title 24 (Building Codes). He was most recently serving as the Building Official for Kern County and Assistant Director of Public Works Department.

RELEVANT EXPERIENCE

COUNTY OF KERN, CA
Mr. Annan served in positions of increasing responsibility during his service to the County of Kern.

Chief Building Official and Assistant Director: Mr. Annan most recently served as Assistant Public Works Director and the Building Official for Kern County. This included overseeing/managing the operations of the Building and Code Division, which consists of the following Sections: Building Inspection and Plan Check, Code Enforcement, Flood Plain Management, Drainage, Grading, and County Service Areas. Mr. Annan also interpreted and enforced building codes, oversaw and provided guidance for building permits and field inspection activities, developed operating policies and procedures related to building and safety, provided timely response to complaints, and took necessary steps to resolve issues and code related violations. Additionally, he advised the public and designers on code related building and accessibility rules and regulations, attended Board of Supervisors hearings and other public meetings, conferred with Public Works Directors, members of the Board of Supervisors and others on issues relating to various code interpretation. Additional duties included participating in meetings with builders to gain feedback and provide information regarding plan review and code enforcement, issuing Certificates of Occupancy, as well as reviewing and updating the County’s Code of Building Regulations.

Engineering Manager-for Public Works Department/Engineering, Building Inspection, Surveying and Permit Services: Mr. Annan served as an engineering manager in charge of day-to-day operationsrelated to Building Inspection and Building Plan Check, Drainage & Grading Plan reviews, and Subdivision/Land Development Plan reviews.

Supervising Engineer for Engineering and Survey Services Department, Building Inspection Division: Mr. Annan served as a supervising engineer and the lead building plans examiner for residential, commercial and industrial buildings. In this role, he consulted with engineers, architects, inspectors, contractors, designers and the general public regarding matters such as design, engineering, codes, regulations, etc. Additionally, he also supervised Building Plans Examiners, Inspectors, and Building Plans Technicians, while providing training and building code interpretations to building inspectors and staff.

Engineer III-for Engineering and Survey Services Department: Mr. Annan served as the County Service Areas Engineer, managing the work of several engineering consultants for various engineering and environmental projects. He designed flood control facilities,supervised construction inspection of major projects, and formed numerous county service areas and assessment districts.

Additionally, he checked subdivision improvement plans to ensure compliance with engineering principles and development standards/regulations.

Engineer II for the Planning and Development Services Department, Flood Plain Management Division: Mr. Annan performed land development improvement plans check and analysis. He checked drainage, flood and hydrology studiesfor land subdivisions, while participating in developing/updating hydrology and flood control standards. Additionally, he wrote technical reports and performed numerous drainage and flood control studies.

Engineer II for Public Works Department: Mr. Annan prepared construction contracts and specifications and interacted with local and state agencies concerning environmental matters. He also performed subdivision plan reviews to assure compliance with Land Development Standards and ordinances.

19 Mike

LICENSES & CERTIFICATIONS
DSA Certified Access Specialist
(CASp) 071
Master Code Professional
Certified Building Official
Building Plans Examiner
Residential Plans Examiner
Building Inspector, UBC
Plans Examiner, UBC
Plumbing Inspector, UPC
Mechanical Inspector UMC
Residential Electrical Inspector
Commercial Electrical Inspector
Combination Inspector Uniform Codes
Residential Energy Inspector
Plans Examination
Commercial Energy Plans Examination
Commercial Energy Inspector
Accessibility Inspector/ Plans Examiner
Building Inspector
Combination Inspector
Residential Combination Inspector
Fire Inspector 1
| ICC 5230795
Safety Assessment Program
| SAPC61387
FEMA IS-00700 National Incident
Management Systems
IACET First Responder Awareness
(Association of Bay Area Governments)
CA State Contractors License
| C-61D-28 688121
Structural Welder Certification Class
|E7018

EDUCATION
Associate of Arts Degree
General Education
Chabot College | Hayward, CA

PROFESSIONAL

AFFILIATIONS
CALBO Member of the Board of
Directors
Past President, ICC Yosemite Chapter
Education Chairman
ICC Yosemite Chapter
Member, IAEI Yosemite Division
Treasure, ICC Region 1
Founding Member, Certified Access
Specialist Institute – CASI
Brinkman CASp , CBO, MCP
Sen ior Plan Reviewer /B uild ing Official
Mr. Brinkman is highly certified in multiple disciplines as a DSA Certified Access Specialist, a Certified Building Official and Master Code Professional. He has demonstrated his dexterity in enforcing a full range of state codes as well as specifications and standards. As a Master Code Professional, Mr. Brinkman has attained the highest level for certification standards within the International Code Council (ICC).

His work as a CASp professional involves many years of ensuring compliance with accessibility requirements in the California Building Code Title 24 and Americans with Disabilities Act. Mr.

Brinkman provides expertise to public agencies, homeowners, architects, developers and contractors in the development of plans, and reviews and comments on site-specific issues related to accessibility.

Mr. Brinkman is highly knowledgeable of complex residential and commercial buildings and structures and all stages of construction. As a project manager, he expertly advises all stakeholders on design, coordination and construction of projects, working with jurisdictional staff, engineers, architects, and homeowners to quickly move through the necessary processes and procedures to achieve successful completion. His extensive knowledge in enforcement of building, plumbing, electrical, mechanical and other codes as well as his keen understanding of necessary ordinances ensures proper construction and successful project delivery.

Mr. Brinkman is responsible for all building operations for many municipal building departments—planning, directing, supervising and coordinating all building department activities while maintaining customer service levels and positive public relations. He is active as a manager, trainer and instructor for personnel working in residential and commercial construction, plan reading and code interpretation.

RELEVANT CSG EXPERIENCE
Building Official/Building Inspector/Building Plan Check Engineer | Multiple Jurisdictions Mr. Brinkman currently provides contract building official, building inspection, and plan check services for CSG to the following jurisdictions:
 City of Patterson
 City of Gustine
 City of Hughson
 City of Firebaugh
 City of Los Banos
 City of Newman
 City of Escalon

NOTABLE PROJECTS
 Hampton Inn (City of Patterson)
 Flying J Travel Center (City of Patterson)

PRIOR EXPERIENCE
Building Official/Building Inspector/Building Plan Check Engineer | Multiple Jurisdictions Prior to working with CSG, Mr. Brinkman provided contract building official, building inspection and plan check services for the following jurisdictions:
 City of Hollister
 City of Watsonville
 City of Pacific Grove
 City of San Benito

NOTABLE ACCOMPLISHEMENTS
 Author of an ICC published book: Residential Building Inspection, A Step-by-Step Guide  CALBO Director (2019-Present)
 CTI Course Development Award (1016-2017 CALBO ABM)
 Two-term past President and current Treasurer of the Yosemite Chapter of ICC  Founding Treasurer of ICC Region I
 County Building Officials Association of CA (CBOAC) – Building Official of the Year (2018)

20 Scott

LICENSES & CERTIFICATIONS
California Registered
Civil Engineer #74993
ICC Building Plans Examiner
#5292671

EDUCATION
California Polytechnic State University
San Luis Obispo, CA
Graduated Cum Laude
Bachelor of Science,
Civil Engineering
Dean’s List Honors

PROFESSIONAL AFFILIATIONS
International Code Council
ASCE
Martini PE
Sen ior Plan Check En gin eer
Mr. Martini is a Senior Building Plan Check Engineer with over 17 years of experience in building code enforcement and administration. His education included a broad range of Civil disciplines and he studied with concentration in Structural Engineering. He had specialized coursework in Seismic Design, Prestressed Concrete, and Lateral Support Systems. He exhibits superb writing and communication skills in preparing plan check corrections and in working with jurisdictional staff, project owners, designers, architects, and engineers. He continues his training through attendance at seminars and conferences.

R E L E V A N T C S G E X P E R I E N C E
Senior Plan Check Engineer | Multiple CSG Clients
Mr. Martini currently serves as a Senior Plan Check Engineer for CSG, providing comprehensive plan review services for numerous jurisdictions throughout California. His focus is on commercial plan review and larger projects with an emphasis on fire/life safety and structural review.

P R E V I O U S E X P E R I E N C E
Consulting Plans Review Engineer | Atascadero, CA
Mr. Martini worked as a Senior Plan Check Engineer. He has extensive knowledge and experience in enforcement and administration of California Title 24 regulations including fire/life safety, structural safety, MEP, energy, green building, etc. He has worked on hundreds of projects, encompassing a large spectrum of project types such as low- and high- rise residential; large and small commercial/industrial; wind turbines; towers, tanks, and other structures.

Mr. Martini had many managerial duties directing and supervising staff and workflow. He served as plan check consultant for dozens of jurisdictions, including many of the cities and counties in California’s Central Coast area.

JIT Manufacturing | Paso Robles, CA
Mr. Martini worked in Quality Control/Fulfillment. He performed quality control services for facility manufacturing various electronic components. He compared and tested samples of assembled products to plans and specifications provided by the client to ensure conformance. He worked under direct supervision of Professional Engineers.

21 Mark

LICENSES & CERTIFICATIONS
Building Plans Examiner
California Residential Building Inspector
| ICC 8020632
Cal OES Post Disaster
| 37607
OSFM Fire Inspector 1A & 1B

EDUCATION
Building Codes, General Studies
| Cuesta College, San Luis Obispo, CA
Building Codes, General Studies
| Alan Hancock College, Santa Maria, CA

PROFESSIONAL AFFILIATIONS
Past President & Member, San Joaquin
Valley ICC Chapter
Member, Yosemite ICC Chapter
Member, Build It Green
Member, United States Green Building
Council (USGBC) Central California
Sadowski
Sen ior Plan s E xam iner
Mr. Sadowski is a Senior Plans Examiner for CSG and brings over 15 years of experience in the building industry. He has served as a building maintenance worker, a building inspector and as the Building and Safety Supervisor for the City of San Luis Obispo. To this role, Mr. Sadowski brings excellent customer service and communication skills.

RELEVANT EXPERIENCE
Building and Safety Supervisor | City of San Luis Obispo, CA Mr. Sadowski oversaw the City’s Building and Safety Division and provided supervision to the plan review and inspection staff. He reviewed, interpreted, and enforced provisions of adopted state and federal codes, and local ordinances. He also conducted plan review and served as the Division’s representative for the Development Review Team when processing planning applications. Additionally, Mr. Sadowski served as the building code technical advisor for code enforcement staff and code cases.

Building Inspector | City of San Luis Obispo, CA
As a Building Inspector for the City, Mr. Sadowski conducted inspections during to ensure compliance with their respective approved plans, applicable building codes, and local ordinances. He assisted contractors, property owners, and residents in an effort to reach agreeable solutions to various code, zoning, and local ordinance violations. He also coordinated multi-department and multi-agency inspections.

Building Maintenance Worker II | City of San Luis Obispo, CA Mr. Sadowski performed specialized maintenance and repair of electrical, plumbing, and mechanical systems throughout City facilities. Additionally, he reviewed, investigated and completed work orders for City staff in all departments.

22 Phiroze

LICENSES & CERTIFICATIONS
Professional Structural Engineer
State of California | 2020
Professional Civil Engineer
State of California | 20042
Professional General Building Contractor
State of California | 5021918
LEED Accredited Professional

EDUCATION
M.S.C.E, Structures and Soil Mechanics
University of Illinois | Urbana, Il
M.B.A, Management
Golden Gate University |
San Francisco, CA

PROFESSIONAL AFFILIATIONS
American Society of Civil Engineers
Structural Engineers Association
of California
Earthquake Engineering
Research Institute
Applied Technology Committee
International Code Council
Wadia SE , LEED AP
Principal Structur al En gineer
Mr. Wadia is a plan review engineer for CSG. He has over 40 years of experience in plan review, design and construction of residential, commercial, industrial and civil engineering projects. Mr. Wadia has expertise in the delivery of a wide range of municipal services, including:
• Plan review
• Encroachment permit application review including grading, structural, drainage and erosion control permits
• Code enforcement
• Enhancing and developing new and existing City ordinances • Supervising renovation, rehabilitation and restoration of bridges • Inspecting buildings and structures for structural integrity and condition • Investigating structural failures and inspecting repairs

R E L E V A N T E X P E R I E N C E
Plan Review Engineer | Consultant to City of Larkspur, City of Sausalito, Town of Ross, Town of San Anselmo, CA
Mr. Wadia performed a variety of services including plan and encroachment permit application review, inspection, code enforcement, and enhancing and developing existing and new city ordinances.

Associate | Skidmore, Owings & Merrill, San Francisco, CA Mr. Wadia worked closely with multidisciplinary teams on building designs from concept through construction. He led structural engineering projects performed seismic inspections, evaluations, and retrofits of existing facilities.

Chief Engineer | Bechtel, San Francisco, CA
As Chief Engineer, Mr. Wadia was responsible for leading a group of over 200 technical personnel including architects, structural engineers, civil engineers and designers. His work included establishing standards, reviewing technical quality, recruiting, and establishing training programs.

NOTABLE PROJECT EXPERIENCE
Apple Park (Campus II) | City of Cupertino, CA
Mr. Wadia provided on- and off-site plan review for multiple new structures that are part of the Apple Campus 2 Development. Plan review included foundation, shell, and tenant improvements for the new structures.

Nueva School | City of Hillsborough, CA
Mr. Wadia performed plan review on various phases of the Nueva School. The project included various site improvements, remodeling of existing buildings, and pre-manufactured and modular buildings.

Maple Street Correctional Center | City of Redwood, CA
Mr. Wadia performed building plan review for the 276,000 sq. ft. replacement correctional facility. The new facility is located on a 4.85-acre site, is utilizes primarily steel frame construction, and contains three general areas including housing, support services, and a central utility plant.

Andrew

LICENSES & CERTIFICATIONS
Chief Building Official
Building Plans Examiner
Commercial Combination Inspector
Combination Inspector
Building Inspector
Plumbing Inspector
Mechanical Inspector
Electrical Inspector
| ICC 858608
ASFM Certified Floodplain Manager
NFPA Certified Fire Protection Specialist
Cal OES Safety Assessment Program –
Certified Trainer

EDUCATION
B.S., Industrial Technology –
Management: Construction/Architecture
Focus | California Polytechnic State
University, San Luis Obispo

PROFESSIONAL AFFILIATIONS
CALBO: Board of Directors
Structural Engineers Association of
California (SEAOSC)
Ventura Community College Instructor –
International Code Courses
CALBO Emergency Preparedness
Committee – Chair
ICC Means of Egress (IBC-E) Code
Change Committee Member – Multiple
Code Cycles
NFPA 5000 Technical Committee
Member – Multiple Code Cycles
AIA Local Chapter (AIASB) Net Zero
Energy Committee Member
Stuffler CB O
Sen ior Plan s E xam iner
Andrew Stuffler offers expertise gained from over 30 years of municipal building department experience. After an early career as a construction superintendent and general contractor, he served the City of Santa Barbara for over 17 years in multiple roles, most recently serving as Chief Building Official. He held similar roles with the City of Ventura including 7 years as the Chief Building Official.

A respected industry leader, Mr. Stuffler also currently serves on the CALBO Board of Directors and is an active member of numerous other industry organizations. Mr. Stuffler was recognized in 2021 as Building Official of the Year by the SEAOSC and has received an ICC Leadership Award for his Post-Disaster Safety Assessment Program.

RELEVANT EXPERIENCE
Chief Building Official | City of Santa Barbara, CA
Mr. Stuffler served in roles of increasing responsibility during his 17-years of service to the City of Santa Barbara. Most recently serving as Chief Building Official, Mr. Stuffler also worked in roles of increasing responsibility from Plans Examiner to Supervisor of Permit Counter, Records/Archives, Code Enforcement, Inspection, Flood Plain Management, and Plan Review.

Chief Building Official/Fire Marshal | City of Ventura, CA During his 12 years with the City of Ventura, Mr. Stuffler served in a variety of capacities including Chief Building Official, Fire Marshal, and Floodplain Manager.

Plans Examiner | County of Pierce, WA
Mr. Stuffler served as a Plans Examiner for the Count of Pierce for 6 years.

Plans Examiner/Inspector/Educator | Commercial Plan Review Services, WA Mr. Stuffler owned, managed, and provided plan review services, inspection, and training services.

Construction Superintendent | The Sunrise Company & Triad Pacific Development, CA Mr. Stuffler began his career in the construction industry as Construction Superintendent for a general contractor.

Annette

LICENSES/CERTIFICATIONS
ICC Plans Examiner
ICC # 8018477
Engineer-In-Training
State of California
EIT# 130173
Certified Access Specialist
CASp-538

EDUCATION
BS, Civil Engineering
California State University
Fresno, CA
Mayfield EIT, CASp
Plans Examiner
Ms. Mayfield has joined CSG as a Certified Plans Examiner with over fifteen years of experience serving multiple jurisdictions throughout the State of California. She approaches plan review with unique knowledge while balancing the delivery of timely and accurate reviews and remaining responsive to and approachable by the public.

RELEVANT EXPERIENCE
Plans Examiner | Interwest Consulting Group
As a Plans Examiner for Interwest Consulting Group, Ms. Mayfield’s work included life safety reviews for high profile projects like the Sacramento Criminal Courthouse, Sacramento Republic Soccer Stadium, as well as the $1.3 billion-dollar 2020 UC Merced Campus Expansion.

Plans Examiner | NAFFA International
Ms. Mayfield has experience performing life-safety, architectural, mechanical, plumbing, electrical, accessibility and structural reviews in residential, multifamily, and commercial projects, including specialty reviews of OSHPD 3 licensed clinics, high-rise buildings, industrial facilities, hotel/motels and residential care facilities. This experience is also evident in working directly with applicants, designers, and jurisdictions, having successfully served numerous jurisdictions throughout the state of California.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Gabriel Gonzalez, City Manager
SUBJECT: RATIFICATION OF A PROPOSAL FROM R.L. BANKS &
ASSOCIATES, INC., TO CONDUCT PROFESSIONAL

CONSULTING RAIL MARKET RESEARCH SERVICES IN AN
AMOUNT NOT TO EXCEED $25,000

RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; and ratify a proposal from R.L. Banks & Associates Inc. to Conduct Rail Market Research Services in an amount not to exceed $25,000

BACKGROUND
The City of Shafter owns a rail spur line, and the City Council desires to commission a market research study in connection with dimensioning the potential transload demand to use the two spur tracks owned by the City.

ANALYSIS
The proposed scope of work will attempt to quantitatively dimension the potential market for a rail transload facility in the Shafter's market area through the application of three criteria:

1. Commodity - RLBA will identify commodities which are both intrinsically competitive by rail transportation and that are moving into and/or out of the Southern Central California region. Commodities unlikely to move competitively via rail – i.e., small volume finished goods, time sensitive/just-in-time goods, commodities with extensive and/or onerous special handling instructions – will be removed from consideration. Commodities likely to move competitively by rail – i.e., commodities which typical move in large volumes, commodities which typical enjoy long lengths of haul and are of relatively low value – will advance to the second criteria;

2. Volume - RLBA will identify the volumes in which said commodities are moving into and/or out of the Southern Central California region. Commodities moving in insignificant volumes to be rail competitive will be removed from consideration.

Commodities moving in significant volumes will advance to the third criteria; and,

RATIFICATION OF A PROPOSAL FROM R.L. BANKS & ASSOCIATES, INC., TO

CONDUCT PROFESSIONAL CONSULTING RAIL MARKET RESEARCH SERVICES IN AN AMOUNT NOT TO EXCEED $25,000
- 2 -

3. Specific Potential Railroad Customers RLBA will attempt, to the extent reasonable given information and budget constrains in this task, to determine the specific railroad customers, whether shippers (consignors) or receivers (consignees) likely to be associated with the specific commodities which advanced beyond the first two criteria and reach out to them.

The deliverable associated with this task will be a short, written report that includes a matrix of the employers, volumes and commodities which RLBA believe are both rail competitive and moving at volumes to be attractive by rail. If possible, the matrix also will include the contact information of the specific rail freight customers RLBA reasonably believes are involved in the transport of a specific commodity.

FISCAL IMPACT
None.

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 professional services agreement for plan review services 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
None.

NEXT STEPS
None.

ATTACHMENTS

1. RLBA Proposal -City of Shafter

Gabriel A. Gonzalez November 7, 2023
City Manager
City of Shaer

S U B J E C T: Proposal to Conduct Professional Consulting Market Research Services to Dimension Potential Transload Demand Volumes in Connection with Repurposing the Spur Tracks Owned by the City of Shafter
Dear Mr. Gonzalez:

R.L. Banks & Associates, Inc. (“RLBA”) would like to thank the City of Shafter (“Shafter” or “City”) once more for choosing RLBA to be its service provider supporting its endeavor to provide sound market research in connection with dimensioning the potential transload demand to use the two spur tracks owned by the City. As requested, RLBA has assembled the following detailed scope of work to address Shafter’s needs. I am confident we are uniquely qualified to assist Shafter in this endeavor. The following sections of this proposal outline a proposed scope of work and budget.

Task 1: Market Opportunity Assessment
RLBA will attempt to quantitatively dimension the potential market for a rail transload facility in the Shafter’s market area through the application of three criteria:

1. Commodity - RLBA will identify commodities which are both intrinsically competitive by rail transportation and that are moving into and/or out of the Southern Central California region. Commodities unlikely to move competitively via rail – i.e., small volume finished goods, time sensitive/just-in-time goods, commodities with extensive and/or onerous special handling instructions – will be removed from consideration. Commodities likely to move competitively by rail – i.e., commodities which typical move in large volumes, commodities which typical enjoy long lengths of haul and are of relatively low value – will advance to the second criteria;

2. Volume - RLBA will identify the volumes in which said commodities are moving into and/or out of the Southern Central California region. Commodities moving in insignificant volumes to be rail competitive will be removed from consideration. Commodities moving in significant volumes will advance to the third criteria and

3. Specific Potential Railroad Customers RLBA will attempt, to the extent reasonable given information and budget constrains in this task, to determine the specific railroad customers, whether shippers (consignors) or receivers (consignees) likely to be associated with the specific commodities which advanced beyond the first two criteria and reach out to them.

The commodity, volume and specific rail customer information from which RLBA will quantitatively dimension the potential market for a rail transload facility will be drawn from as many as three, primary sources and two approaches. The first approach, and the one RLBA favors, is canvasing local municipalities, trade organizations and/or other groups that can provide specific information on industrial and agricultural employers in the greater Shafter area and what they produce. Should that approach prove unsuccessful, RLBA will utilize a top-down approach by utilizing various sources of

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railroad data to gain knowledge about the overall commodities and volumes that run through this area by rail and truck and then seek to link employers to those commodities and volumes. The first approach is more direct and therefore, more efficient, less labor intensive and less costly but a more detailed summary of both approaches is provided below because RLBA has not been able to determine whether or not sufficient data can be developed to support the first approach.

Bottom-Up Approach
RLBA will reach out to local towns, municipalities, trade organizations and/or any other organization that may collect data on employers in the area and the commodities they produce and/or receive for distribution elsewhere. RLBA will utilize this information to create a list of potential rail clients and, where available, reach out to them by phone to gauge interest in, feasibility of using and customer-specific prospective volumes associated with a new transload site connected to the BNSF Railway line via Shafter’s rail assets.

Top-Down Approach
In lieu of sufficient information from the Bottom-Up Approach or as a supplement to it, budget permitting, RLBA will utilize two databases of macro-level data to dimension the total volumes of freight running though South Central California. The two databases are:

1. The Federal Highway Administration Freight Analysis Framework (FHWA FAF) - The FHWA FAF5 compiles data from various government sources to create a comprehensive regional overview of freight trade flows across all modes of transportation in the U.S. At the most granular level, the FHWA FAF provides data regarding the origins and destinations of commodities moving into and out specific “FAF Zones” which roughly correlate to major, regional metropolitan centers. The FHWA FAF does not provide shipper-specific nor volume-specific information. What’s more, the information in the FAF Zone is based on data collected in 2017, that, while it has been piecemeal updated since, suffers from somewhat dated information and

2. United States Rail Impact (USRI) - RLBA uses this service product to supplement the data short comings of the FHWA FAF5. RLBA subscribes to a third-party vendor which preprocesses waybill data collected from all rail carriers. The USRI draws upon actual railroad waybills to produce region-specific information regarding commodity and volume information in a particular region. Like the FHWA FAF, the results of the USRI have significant data limitations in certain respects.

RLBA will utilize any information provided by the City of Shafter which provides the largest employers in the area and perform interviews by phone where contact information is available to determine a more granular level of potential freight rail demand and interest in and prospective volumes of transloading operations.

RLBA will employ the methods above and the firm’s understanding of the commercial rail space to ensure that the data retrieved via both approaches are both specific to and appropriate for Shafter’s purposes. The deliverable associated with this task will be a short, written report that includes a matrix of the employers, volumes and commodities which RLBA believe are both rail competitive and moving at volumes to be attractive by rail. If possible, the matrix also will include the contact information of the specific rail freight

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customers RLBA reasonably believes are involved in the transport of a specific commodity.

Estimated Cost and Terms

Regardless of the approach employed, RLBA can commit to the following Not-To-Exceed price.

Scope of Work Not-To-Exceed Price
Task 1: Market Opportunity Assessment $25,000
RLBA will utilize the following hourly rates when conducting this work, the same rates that RLBA has employed throughout its engagements on behalf of Shafter.

Labor Category Hourly Rate
Principal $ 300
Senior Professional $275
Consultant $250
Support Staff $75
Notice-To-Proceed
RLBA will construe the official Notice-To-Proceed to begin upon receipt of a signed copy of this letter proposal via electronic transmission.

On behalf of my colleagues and myself, I would like to thank you once again for offering RLBA the opportunity to be of assistance the City of Shafter on this exciting project.

Sincerely,
Charles H. Banks
President
[email protected]
Accepted and Agreed on behalf of
City of Shafter, CA

___________________________________
(Signature)
___________________________________
(Name)
___________________________________
(Date)

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: November 21, 2023
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AWARD STRINGHAM PARK AMENITIES PROJECT (CIP
PROJECT #PK00007) TO PROFFITT CONSTRUCTION INC. DBA

SUPERIOR CONSTRUCTION

RECOMMENDATION
Council find the project is exempt from CEQA; accept the bids received for Capital Improvement Program (CIP) Project PK00007 - Stringham Park Amenities; authorize the Deputy Public Works Director to issue a Notice of Award and Notice to Proceed for said project to Proffitt Construction Inc., dba Superior Construction for a contract amount of $964,235.48 to include the base bid plus additive alternates for 48" box trees; and authorize a budget amendment appropriation of $300,000 from General Fund to increase the CIP project budget to $1,050,000.

BACKGROUND
The Council authorized staff to release a site enhancement project for Stringham Park for bidding this past September. The project covers amenities and enhancements at Stringham Park, including a new on-site parking lot to serve the park and existing transit stop off James Street, a new irrigation system, new landscaping and additional trees, new playground equipment, a new shade structure, and lighting additions. A total of 2 bids were received and publicly opened on November 7, 2023. The bid results are as follows:

Bidder Total Bid Cost
Proffit Construction Inc., DBA Superior
Construction
$957,243.32
S&B Sons Inc. $1,282,609.47
In addition to the base bid, the City requested that the contractors supply additive alternate unit costs to install 48" box trees instead of 24" box trees for the 5 trees indicated in the base bid. The additional cost to upsize to 48" box trees totals $6,992.16.

AWARD STRINGHAM PARK AMENITIES PROJECT (CIP PROJECT #PK00007) TO PROFFITT CONSTRUCTION INC. DBA SUPERIOR CONSTRUCTION
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ANALYSIS
Superior Construction submitted the confirmed lowest responsive bid valued at $957,243.32. In addition to the base bid staff would recommend awarding the Alternate Bid Items to increase the size of the trees to 48" box trees to be more resistant to vandalism. Superior Construction has not performed any projects for the City in the recent past but has a record of completing projects similar to the proposed project. A project budget of $1,050,000.00 is recommended to cover construction costs plus contingencies and material testing.

Capital Improvement Program Project (CIP) #PK00007 currently has a construction budget of $750,000 to fund this project, which is made up of $656,250 in Clean California funds and $93,750 in matching from the City's General Fund. Covering the suggested budget of $1,050,000 requires a budget amendment appropriation of $300,000 from the General Fund.

FISCAL IMPACT
A budget amendment appropriation of $300,000 from the General Fund to CIP Project #PK00007 would fully fund the requested budget of $1,050,000.

CEQA ANALYSIS
Per Section 15301 (Existing Use) of the CEQA Guidelines, the project is exempt from CEQA because it consists of repairs and minor alteration to an existing park involving negligible or no expansion of use.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
Canceling the project to avoid an increase to the budget is not an alternative because the project is a significant portion of the approved scope of work for the Clean California grant. The Council can direct staff to reject all bids and rebid the project with a reduced scope of work to reduce construction costs. However, the deadline to complete work funded by Clean California is June 30, 2024. Realistically, rebidding the project would likely lead to the project not meeting this deadline and potentially compromising the funds committed to all project sites, including the Aquatics Center.

NEXT STEPS
A Notice of Award and Notice to Proceed will be issued to Proffit Construction Inc., DBA Superior Construction.

ATTACHMENTS

1. PK00007 - BID RESULTS

A.

ITEM DESCRIPTION QTY UNITS Unit Cost Total Cost Unit Cost Total Cost A1 REMOVE EXISTING WROUGHT IRON FENCE & CMU COLUMNS 1 LS $ 8,325.29 $ 8,325.29 $ 4,092.35 $ 4,092.35 A2 REMOVE EXISTING CONCRETE PADS 4 EA $ 2,999.28 $ 11,997.12 $ 556.42 $ 2,225.66 A3 REMOVE TREES & ALL ASSOCIATED ROOTS 9 EA $ 5,998.64 $ 53,987.76 $ 1,746.49 $ 15,718.45 Subtotal $ 74,310.17 Subtotal $ 22,036.46
B.

B1 TYPE A HMA, 1/2 IN, PG64-10 249 TONS $ 666.52 $ 165,963.48 $ 155.95 $ 38,832.06 B2 6" CONCRETE PAVEMENT 872 SF $ 222.21 $ 193,767.12 $ 21.27 $ 18,547.20 B3 CLASS II AGGREGATE BASE 257 CY $ 1.77 $ 454.89 $ 119.65 $ 30,749.38 B4 SUBGRADE PREP 14122 SF $ 1.77 $ 24,960.00 $ 2.00 $ 28,173.79 B5 EXCESS DIRT HAUL OFF (FULL PROJECT) 1 LS $ 10,649.14 $ 10,649.14 $ 11,965.94 $ 11,965.94 B6 FOG SEAL 13250 SF $ 0.11 $ 1,457.50 $ 0.10 $ 1,268.39 B7 INSTALL NEW CURB & GUTTER 311 LF $ 96.56 $ 30,030.16 $ 45.73 $ 14,221.51 B8 INSTALL NEW TYPE 'A' CURB (ENTIRE SITE) 618 LF $ 33.60 $ 20,764.80 $ 30.59 $ 18,906.18 B9 INSTALL NEW SIDEWALK (ENTIRE SITE) 1869 SF $ 24.32 $ 45,454.08 $ 10.93 $ 20,431.83 B10 DEMO/REPLACE COMMERCIAL DRIVE APPROACH 427 SF $ 8.29 $ 3,539.83 $ 50.32 $ 21,486.03 B11 DECORATIVE BOLLARDS 4 EA $ 3,000.00 $ 12,000.00 $ 3,368.41 $ 13,473.64 B12 TYPE C ADA RAMP 2 EA $ 11,064.00 $ 22,128.00 $ 3,948.76 $ 7,897.52 B13 INSTALL 12" STORM DRAIN W/ INLET 1 LS $ 9,600.00 $ 9,600.00 $ 23,200.00 $ 23,200.00 B14 INSTALL PARK BENCHES 2 EA $ 1,800.00 $ 3,600.00 $ 2,871.83 $ 5,743.65 B15 PARKING LOT SIGNAGE & STRIPING 1 LS $ 5,143.93 $ 5,143.93 $ 4,135.43 $ 4,135.43 Subtotal $ 549,512.93 Subtotal $ 259,032.55
C.

C1 LIT DECORATIVE BOLLARDS 5 EA $ 3,840.00 $ 19,200.00 $ 3,966.71 $ 19,833.54 C2 LIGHT POLE 3 EA $ 7,440.00 $ 22,320.00 $ 6,361.89 $ 19,085.67 C3 LIGHT POLE WITH RAISED FOUNDATION 3 EA $ 8,040.00 $ 24,120.00 $ 7,020.02 $ 21,060.05 C4 PULL BOXES, 10X17 12 EA $ 720.00 $ 8,640.00 $ 872.52 $ 10,470.19 C5 ELECTRICAL CONDUIT, 3 IN 350 LF $ 60.00 $ 21,000.00 $ 23.93 $ 8,376.15 C6 ELECTRICAL CONDUIT, 1-1/2 IN 700 LF $ 12.00 $ 8,400.00 $ 4.70 $ 3,290.63 C7 ALL CONDUCTORS 1 LS $ 5,640.00 $ 5,640.00 $ 4,487.23 $ 4,487.23 C8 ALL ELECTRICAL WORK 1 LS $ 10,560.00 $ 10,560.00 $ 31,111.43 $ 31,111.43 C9 LIGHTING CONTROLS 1 LS $ 1,920.00 $ 1,920.00 $ 5,683.82 $ 5,683.82 Subtotal $ 121,800.00 Subtotal $ 123,398.71
D.

D1 2-5 YEARS PLAY STRUCTURE (MATERIALS) 1 LS $ 36,398.00 $ 36,398.00 $ 33,169.89 $ 33,169.89 D2 5-12 YEARS PLAY STRUCTURE (MATERIALS) 1 LS $ 99,660.00 $ 99,660.00 $ 112,100.65 $ 112,100.65 D3 PLAYGROUND CONSTRUCTION (BOTH STRUCTURES) 1 LS $ 41,280.00 $ 41,280.00 $ 48,476.40 $ 48,476.40 D4 ENGINEERING/PERMITTING 1 LS $ 6,000.00 $ 6,000.00 $ 1,196.59 $ 1,196.59 D5 SUBGRADE PREP 1 LS $ 2,787.00 $ 2,787.00 $ 1,435.91 $ 1,435.91 D6 SUPPLY & SPREAD ENGINEERED WOOD FIBER (12" THICK) 1550 SF $ 3.71 $ 5,750.50 $ 3.70 $ 5,731.68 Subtotal $ 191,875.50 Subtotal $ 202,111.12
E.

E1 SHADE STRUCTURE (MATERIALS) 1 LS $ 56,662.80 $ 56,662.80 $ 69,962.66 $ 69,962.66 E2 SHADE STRUCTURE (CONSTRUCTION) 1 LS $ 19,200.00 $ 19,200.00 $ 35,897.81 $ 35,897.81 E3 ENGINEERING/PERMITTING 1 LS $ 3,600.00 $ 3,600.00 $ 598.30 $ 598.30 E4 SUBGRADE PREP 1 LS $ 2,787.34 $ 2,787.34 $ 1,435.91 $ 1,435.91 E5 FOUNDATION 1344 SF $ 19.20 $ 25,804.80 $ 10.68 $ 14,359.12 Subtotal $ 108,054.94 Subtotal $ 122,253.80
F.

F1 INSTALL 2" MASTER VALVE 1 EA $ 1,188.00 $ 1,188.00 $ 1,184.63 $ 1,184.63 F2 INSTALL 1" FLOW SENSOR 1 EA $ 1,440.00 $ 1,440.00 $ 1,435.91 $ 1,435.91 F3 INSTALL IRRIGATION CONTROLLER WITH IN LINE SURGE PROTECTOR 1 EA $ 17,796.00 $ 17,796.00 $ 17,745.48 $ 17,745.48 F4 INSTALL 2" IRRIGATION MAINLINE & ASSOCIATED VALVES, SLEEVES, & CONTROL WIRES 1 LS $ 40,236.00 $ 40,236.00 $ 40,121.78 $ 40,121.78 F5 INSTALL ALL IRRIGATION LATERAL LINES & ASSOCIATED VALVES, SPRINKLERS, & DRIP LINES 1 LS $ 53,736.00 $ 53,736.00 $ 53,583.46 $ 53,583.46 Subtotal $ 114,396.00 Subtotal $ 114,071.26
G.

G1 INSTALL 24" BOX - SWEET BAY 2 EA $ 1,098.00 $ 2,196.00 $ 1,094.89 $ 2,189.77 G2 INSTALL 24" BOX - CHINESE ELM 3 EA $ 964.00 $ 2,892.00 $ 961.26 $ 2,883.79 G3 INSTALL 5 GALLON - KANGAROO PAW 12 EA $ 100.00 $ 1,200.00 $ 99.72 $ 1,196.59 G4 INSTALL 5 GALLON - WORMWOOD 33 EA $ 56.36 $ 1,859.88 $ 56.20 $ 1,854.72 G5 INSTALL 5 GALLON - DWARF BOTTLEBRUSH 51 EA $ 47.53 $ 2,424.03 $ 47.39 $ 2,417.12 G6 INSTALL 1 GALLON - SPANISH LAVENDER 68 EA $ 25.41 $ 1,727.88 $ 25.34 $ 1,723.09 G7 INSTALL 1 GALLON - BUFFALO JUNIPER 50 EA $ 30.72 $ 1,536.00 $ 30.63 $ 1,531.64 G8 INSTALL 1 GALLON - MYOPORUM 34 EA $ 33.53 $ 1,140.02 $ 33.43 $ 1,136.76 G9 HERBICIDE APPLICATION 1 LS $ 1,464.00 $ 1,464.00 $ 1,459.84 $ 1,459.84 G10 SOIL AMENDING INTO TOP 4" OF SOIL AND LEVELING 15552 SF $ 1.17 $ 18,195.84 $ 1.16 $ 18,080.53 G11 SPREAD RECYCLED RUBBER MULCH 4" THICK (MULCH PROVIDED BY CITY) 6908 SF $ 0.49 $ 3,384.92 $ 0.49 $ 3,362.43 G12 INSTALL BERMUDA SOD 15552 SF $ 1.43 $ 22,239.36 $ 1.42 $ 22,101.08 G13 90 DAY MAINTENANCE FOLLOWING PROJECT COMPLETION (INCLUDING FERTILIZATION) 1 LS $ 7,500.00 $ 7,500.00 $ 7,478.71 $ 7,478.71 Subtotal $ 67,759.93 Subtotal $ 67,416.07
H.

H1 SITE SECURITY 1 LS $ 10,800.00 $ 10,800.00 $ 7,777.86 $ 7,777.86 H2 TRAFFIC/PEDESTRIAN CONTROL 1 LS $ 24,000.00 $ 24,000.00 $ 8,974.45 $ 8,974.45 H3 CONSTRUCTION SURVEYING 1 LS $ 16,500.00 $ 16,500.00 $ 10,171.04 $ 10,171.04 H4 MOBILIZATION 1 LS $ 3,600.00 $ 3,600.00 $ 20,000.00 $ 20,000.00 Subtotal $ 54,900.00 Subtotal $ 46,923.35
Total Bid Price $ 1,282,609.47 Total Bid Price $ 957,243.32 Name Item Name Item
AC Electric Electrical KSI Surveying
Elite Landscape CJ Miranda Inc. Demoliion
DPSI Surveying Brown Construction Earthwork - Grading, AC Paving Nagle Earthworks Grading Simmons Construction Site Concrete Per the construction and bid documents, in case of discrepancy between the Unit Price and the Item Cost set forth for a unit based item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder Value differs from submitted bid form and was calculated using the unit prices.

Value illegible, unit cost determined by item cost provided on bid form Value not provided on bid form
Value provided on bid form to 7 decimal places, values shown are rounded to the nearest cent Todd Companies Site Utilities Bronco Electric Electrical
***ALL BIDS ARE UNDER REVIEW Creative Builders Playground Structure Install Elite Landscape Landscape, Irrigation

IRRIGATION SYSTEM

PLANTING

PROJECT

ELECTRICAL

PLAY EQUIPMENT

SHADE STRUCTURE
PK00007 - STRINGHAM PARK AMENITIES
SITE DEMO S&B SONS INC. SUPERIOR CONSTRUCTION

PARKING LOT