Shafter City Council
January 16, 2024

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
38

SICNATURE PAGE TO
TENTATIVE TRACT NÛ. ó490 DEVELOPMENT AGREEMENT NO. 2I -20 O}VNER
Summit Capital Ventures, Inc.
8725 Swigert Court
Bakersfield, CA 93311
By:

Its:

Dated:

Chief F:nancial Officer
Lv'zz -
39

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

STATE OF CALIFORNI.A

COTINTY OF KERN
On a Notary Public, personally
who proved to me on the
basis ofsati to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sig:ratures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I cerrify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct.
my hand and official seal
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40

EXHIBIT'TA" TO
TENTATIVE TRACT NO.649O DEVELOPMENT AGREEMENT NO. 2I'20 Legal Description of ProPertY
Ð(HIBIT"A"
TRACT 6490

LEGAL DESCRIPTION
BEING A DMSION OF LOT 13 AND A PORTION OF THE WEST }IATF OF LOT 14 OF SALES MAP OF I.ANDS OF KERN COUNTY tÁND COMPAI.IY IN SESrION 15, TOWNSHIP 28 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN, FITTD FEBRUARY 11, 1913 IN THE OFRCE OF THE KERN COUNTY RECORDER, BEING MORE PARTICUI.ARLY DESCRTBED AS FOLTOWS:

BEGINNING ATTHE SOUftTWESTCORNER OF SAID LOT 13;
THENCE, NORT}IERLY ALONG THE WEST UNE OF gqID LOT T3, NORTH OTO2+'T8" EAST A DISTANCE OF 1,319.86 FEEÍ, MORE OR LESS, TO THE NORTHWEST CORNER OF SArD LOT 13; THENCE, EASTERLY ALOI{G THE NORTH UNE OF SAID LOT 13, SOUÌH 89Ô03',48" EAsr A DISIANCE OF 66A.47 FErr, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 13; THENCE, COi{TTNUING SOT TH 89o03',48" EAST A DISTANCE OF 310.23 FEFI, MORE OR LESS, ALONG THE NORTH UNE OF SATD LOT 14 TO A POINT OF INTERSECTTON WTT}I THE WEST UNE OF A WATERUNE EASEMENT DEDICATED TO THE UNT¡ED TA'ÌES OF AMERICA PER INSTRUME|'¡T 17472, ßOK 2581, PAGE 194 OF OFFICIAL RECORDS OF SAID COUNTY, SA¡D WEST UNE AISO BEING THE WEST UNE OF THE EAST 20 FEET OF'THE WEST HALF OF SAID LOT 14;
THENCE, |-EAVING SAID NORTH [INE, SOUTH 01o23',01" WEST ALONG SAID WEST UNE A DISTANCE OF 1,319.98 FEE[, MORE OR LESS, TO TltE SOUTHERLY LINE OF SAID LOT 14; THENCE, WESTERTY ALOI\¡G THE SOTJTH UNE OF SAID LOT ld NORI.I 89O0322'WEST A DISTANCE OF 31O..IO FEET, MORE OR I.fSS, TO THE SOUTHWESTCORNER OF SAID LOT 14; THENCE, WESÍERLY ALONG IllE SOUTH UNE OF SAID LOT 13, NORIH 89a03'22',WEST A DTSTANCE OF 660.80 FEEI, MORE OR L"ESS, TO THE POIÌ{T OF BEGINNING.

CONTAINING 29.42 ACRES GROSS, IIIORE OR LESS.

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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
January 16, 2024

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
January 16, 2024

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 16th DAY OF JANUARY, 2024. _____________________________
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.

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9óSO EÂCEUÂN BOAD, STE. 3 t228 BATEBSFIELD, CA 93312
PsoNE/FAx: (681)ss6-00?7
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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: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AWARD OAK COURT SIDEWALK IMPROVEMENTS (CIP
PROJECT #ST00004) TO TERRY BEDFORD CONCRETE
CONSTRUCTION INC. IN THE AMOUNT OF $10,800

RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; approve a cost proposal submitted by Terry Bedford Concrete Construction, Inc. in the amount of $10,800 for the installation of sidewalk improvements at Oak Court (Proposal #9677); and authorize the Public Works Director to award said sidewalk improvements for a final cost not to exceed $15,000.

BACKGROUND
The City annually funds its Capital Improvement Program (CIP) to add or replace local street curbs, gutters, and sidewalks. Among sidewalk issues confirmed by staff is a sidewalk gap near the southernmost point of Oak Court. Typically, sidewalks are constructed by private developers as off-site improvements conditioned by the City when development plans are approved. There doesn't appear to have been such a requirement in this case. The sidewalk gap fronts a vacant property owned by the First Assembly of God. Given the circumstances, the most responsive and effective way to complete the sidewalk is using City CIP funding.

Staff received a cost proposal from Terry Bedford Concrete Construction, Inc. (Bedford) to construct the missing sidewalk, which is valued at $10,800.

ANALYSIS
Bedford has performed numerous sidewalk and concrete installation projects on behalf of the City. This amount assumes that Public Works crews will perform preliminary demolition and grading work ahead of their work. The amount they propose for Oak Court is reasonable, but $15,000 should be committed to cover their proposed amount plus contingencies and possible inspection and testing services that a consultant provides.

AWARD OAK COURT SIDEWALK IMPROVEMENTS (CIP PROJECT #ST00004) TO TERRY BEDFORD CONCRETE CONSTRUCTION INC. IN THE AMOUNT OF $10,800 - 2 -

FISCAL IMPACT
CIP Project #ST00004 is programmed annually for curb, gutter, and sidewalk construction work on public streets and has sufficient funding to cover the $15,000 recommended. No budget action is required.

CEQA ANALYSIS
The proposed work is considered a Class 3 categorical exemption to the California Environmental Quality Act (Section 15303) in that it involves the construction of limited small new structures, approximately 550 square feet of sidewalk.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
The installation of the sidewalk, not just the preliminary demolition and grading work, can all be performed by Public Works crews. While this would reduce installation costs, Public Works crews are typically used to repairing or replacing very limited sections of sidewalks. In this case, the sidewalk does involve an ADA ramp and maintaining drainage for an existing gutter, which is best suited for a professional concrete construction and finishing company.

NEXT STEPS
Upon Council authorization, the Public Works Director will award the quoted Oak Court sidewalk construction work.

ATTACHMENTS

1. Proposal Submitted by Terry Bedford Concrete Construction, Inc.

10/03/2023
Kevin Gibson
Shafter CA
211 Oak Ct
City of Shafter
336 Pacific Ave.

Shafter CA
CONCRETE 10,800.00
Supply labor and materials to set and pour area's for approximately 485 S.F. of concrete sidewalk and ADA ramp with truncated domes. Concrete will be poured with a 3,000-psi mix and finished with a broom finish.

Notes:

Labor and material are priced at prevailing wage rates in compliance with AB 219.

Pricing is good for 30 days from date of proposal. Please review and return with signature to [email protected].

PROJECT:
9677
211 Oak Ct
93263
PROPOSAL DATE: PROPOSAL NO.:

CUSTOMER:

PROPOSAL ACCEPTANCE:

City of Shafter
License No. 588701
DIR No. 1000001110
By signing below, I/we agree to pay Terry Bedford Concrete Construction, Inc. the specified amount in exchange for the work described in this proposal only. Any changes must be made in writing and authorized by both parties. ____________________________ _____________________________ ______________ Signature Customer/Property Owner Date
13109 Hageman Frontage Road, Bakersfield, CA 93314
Phone 661.589.0674 Fax 661.589.1778
PROPOSAL Revision 1
Excludes the following, unless noted above:

Bonds, permits, Creteseal, surveying, testing, pest & termite control, vegetation control, demo, dust control, all structural compaction, all framing layout of shear bolts and hold downs, all washers, caulking of slab joints and exterior concrete joints, backfilling behind curbs, traffic control and all lane closures. Due to our climate, minimal cold and hot weather concreting measures are included.

All spoils to be stock piled on site. All grades to be within 1/2 to 1/10th. All rebar prices good for 30 days. _________________________________________________________________________________________________________

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AUTHORIZE PURCHASE OF SKATEPARK LIGHTING PACKAGE FROM CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. IN
AN AMOUNT UP TO $30,000

RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; accept informal bids received for the one skatepark lighting system; authorize an award the purchase of said skatepark lighting system to Consolidated Electrical Distributors, Inc. for an amount up to $30,000; and authorize the Public Works Director to award said purchase.

BACKGROUND
In March 2022, the City was awarded funds through the State of California Clean California grant program to complete the “Historic Core Recreation Rehabilitation and Enhancement Project”. The project focuses on improvements at multiple Core City parks and recreational facilities valued at approximately $5.3 million, with $4.6 million funded by the grant. The improvements include upgraded equipment and new amenities for the community skatepark at 460 East Euclid Avenue.

Among the amenities is lighting to expand the use of the facility and enhance safety. Because there have recently been significant lead times with the purchase of lighting products and the City is required to complete construction funded by the Clean California grant by June 30, 2024, staff requested informal quotes to purchase the desired lighting directly from suppliers. Staff plans to pursue bids for the lighting installation within the purchase lead time.

Three local lighting suppliers submitted bids for the lighting system, which are summarized as follows:

Lighting Material Distributor Total Bid Price
Consolidated Electrical Distributors, Inc. $26,521.25
Graybar $30,010.50
Platt Electric $32,324.65

AUTHORIZE PURCHASE OF SKATEPARK LIGHTING PACKAGE FROM CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. IN AN AMOUNT UP TO $30,000 - 2 -
The suppliers have confirmed that there is currently a purchase lead time of six to eight weeks.

ANALYSIS
The pricing provided qualifies for informal bid procedures specified in the bidding and procurement policy. Consolidated Electrical Distributors, Inc. submitted the lowest responsive bid among the three participating suppliers for a purchase price of $26,521.25. Purchasing authority of up to $30,000 would ensure the City can cover the potential for fluctuating material and freight costs.

FISCAL IMPACT
CIP project #PK00009 has a total project budget of $770,000 in funding, $500,000 of which is committed to replacing and upgrading existing site equipment. The remaining balance of $270,000 is targeted for new site amenities. The project currently has an adequate budget to fund the requested action. 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 an authorization to purchase material, it is an 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
Eliminating new lighting at the skatepark to save funds for other projects is not a viable alternative. There is adequate funding to complete this significant site enhancement that contributed to the City receiving the Clean California grant. Further, consolidating the purchase and installation of the lighting could compromise the ability to meet the project completion deadline of June 30, 2024.

NEXT STEPS
Staff will proceed with ordering the lighting materials and move forward with seeking proposals for installation of the lights and associated electrical work.

ATTACHMENTS

1. CED Quote - Skate Park Lighting

2. Graybar Quote - Skate Park Lighting

3. Platt Quote - Skate Park Lighting

LN Product Qty Price Per * Ext Price
01 LITH LOT SITE LIGHTING C/O: 1 $24,500.00 E $24,500.00 02 LITH DSXF3

FLOOD FIXTURES
16 $0.00 E $0.00
03 LITH BS28
2-HEAD BULLHORN
8 $0.00 E $0.00
04 LITH RTS257-0BT20CPL1/15ADNAXD
25' ROUND TAPERED STEEL POLE
8 $0.00 E $0.00
Merchandise: $24,500.00
Tax: $2,021.25
Total: $26,521.25
Attn:

Ship To: CITY OF SHAFTER

DEP PUBLIC WORKS
336 PACIFIC AVE
SHAFTER, CA 93263-0000
301 ESPEE ST - STE. A
BAKERSFIELD CA 93301
Tel: (661)327-8501 Fax: (661)327-8382
Contact Name: BRETT
Quote Date:

Updated On:

Customer PO #:

Customer PO Date:

Job Name:
12/11/23
12/11/23 SHAFTER SKATE PARK Expires On: 12/21/23
FOB: SHIPPING POINT
Freight: PREPAID
* Per E = Each, C = Hundred, M = Thousand Terms and Conditions 1 OF 1 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS.

CED - BAKERSFIELD Quote: Q1090783 Revision #: 001
Customer Quote For: CITY OF SHAFTER

6100 SCHIRRA CT
BAKERSFIELD CA 93313-2166
Phone: 661-835-4300
Fax: 661-832-4652
To: CITY OF SHAFTER
336 PACIFIC AVE
SHAFTER CA 93263-2047
Attn: Weston Watson
Phone: 661-746-6361
Email:

Fax: 661-746-0607
Date: 01/02/2024
Project Name: SHAFTER SKATE PARK LIGHTING
GB Quote #: 0245079024
Purchase Order Nbr: SHAFTER SKATE PARK LIGHTING
Release Nbr:

Additional Ref#:

Revision Nbr:

Valid From: 01/02/2024
Valid To: 02/01/2024
Contact: Jerry Whitbey
Email: [email protected]
Proposal
We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 1 LIGHTNING LOT LIGHTING

PER ATTACHED
BOM
$27,981.82 1 $27,981.82
GB Part#:LOT LQ3 LIGHTING
Tax:$2,028.68
Ship From:Drop Ship-Factory
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Notes: * --QUOTED TO THE BEST OF OUR ABILITIES FROM OUR INTERPRETATION OF THE INFORMATION GIVEN-------- * -- FOB --SHIPPING POINT -- FREIGHT ALLOWED-- * -DELAY IN DELIVERY * Graybar is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Graybar’s reasonable control, including, but not limited to, sourcing, shipment or delivery issues caused by, related to, or resulting from COVID-19 or other similar national or global health situations. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be liable for any consequential or special damages arising fromany delay in shipment or delivery This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist.

Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B. shipping point prepaid and bill.

Unless noted the estimated ship date will be determined at the time of order placement.

Subtotal: $27,981.82
Estimated Tax : $2,028.68
(Actual tax value will be calculated at time of order placement) Total : $30,010.50
This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist.

Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B. shipping point prepaid and bill.

Unless noted the estimated ship date will be determined at the time of order placement.

To: CITY OF SHAFTER
336 PACIFIC AVE
SHAFTER CA 93263-2047
Attn: Weston Watson
Date: 01/02/2024
Project Name: SHAFTER SKATE PARK LIGHTING
GB Quote #: 0245079024
Proposal
We appreciate your request and take pleasure in responding as follows Item ItemType Quantity Supplier Catalog Nbr Description Price Unit Ext.Price GRAYBAR ELECTRIC COMPANY, INC.

TERMS AND CONDITIONS OF SALE

1.ACCEPTANCE OF ORDER; TERMINATION - Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company, Inc. ("Graybar") and, when applicable, Graybar's suppliers. If credit of the buyer of the goods or services ("Buyer") becomes unsatisfactory to Graybar, Graybar reserves the right to terminate upon notice to Buyer and without liability of Graybar.

2.GENERAL PROVISIONS - All typographical or clerical errors made by Graybar in any quotation, acknowledgment or publication are subject to correction. This agreement shall be governed by the laws of the State of Missouri applicable to contracts to be formed and fully performed within the State of Missouri, without giving effect to the choice or conflicts of law provisions thereof. All suits arising from or concerning this agreement shall be filed in the Circuit Court of St. Louis County, Missouri, or the United States District Court for the Eastern District of Missouri, and no other place unless otherwise determined in Graybar's sole discretion. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.

3.MODIFICATION OF TERMS AND CONDITIONS - These terms and conditions, and any associated statement of work, supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative of Graybar. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein.

4.PRICES AND SHIPMENTS - Prices for goods shall be those in effect at time of shipment, which shall be made F.O.B. shipping point, prepaid and bill. Delivery dates are subject to change and prices may increase between the time that a quote is given or an order is placed and the time of shipment. Buyer acknowledges and accepts this risk and agrees to pay the price of goods that is in effect at time of shipment in order to account for any price increases between the date of quote or order and the date of shipment. Unless otherwise indicated in the applicable quotation or statement of work, prices for services shall be those in effect at the time of completion. The contract price for goods and or services shall be increased by the amount of any applicable tariff, excise, fee, assessment, levy, charge or duty of any kind whatsoever, imposed, assessed or collected by any governmental body, whether or not reflected in the costs charged to Graybar, and Graybar may increase its cost for goods and or services appropriately to take into account such increases in Graybar's costs.

5.REELS - When Graybar ships returnable reels, a reel deposit may be included in the invoice. The Buyer should contact the nearest Graybar service location to return reels.

6.RETURN OF GOODS - Credit may be allowed for goods returned with prior approval. A deduction may be made from credits issued to cover cost of handling and restocking fees charged by the manufacturers of the goods.

Returns will not be accepted for services or any material which has been modified at the request of or by Buyer. In addition, no custom orders may be returned, and goods must be in original packaging.

7.TAXES - Prices shown do not include sales or other taxes imposed on the sale of goods or services. Taxes now or hereafter imposed upon sales, shipments or services will be added to the purchase price. Buyer agrees to reimburse Graybar for any such tax or provide Graybar with acceptable tax exemption certificate.

8.PAYMENT TERMS - Payment terms shall be as stated on Graybar's invoice or as otherwise mutually agreed. As a condition of the sales agreement, a monthly service charge of the lesser of one and one-half percent (1.5%) or the maximum permitted by law may be added to all accounts not paid by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only.

9.DELAY IN DELIVERY - Graybar is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Graybar's reasonable control, including, but not limited to, sourcing, shipment or delivery issues caused by, related to, or resulting from COVID-19 or other similar national or global health situations. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery.

10.CANCELLATION; CHANGES FOR SERVICES- Buyer may cancel or make changes to a statement of work up to five (5) business days prior to commencement of the work. All changes and cancellations after such date are subject to Graybar's prior written approval in Graybar's sole and absolute discretion. Buyer shall pay to Graybar amounts necessary to cover cancellation, restocking fees and other charges applicable to the cancelled goods or services including those incurred or committed to by Graybar.

11.SOFTWARE AND FIRMWARE - -Graybar or the applicable third-party owner will retain all rights of ownership and title in its own intellectual property, including all copyrights relating to firmware and software and all copies of such firmware and software. Buyer acknowledges that all software is governed by terms expressly granted in the applicable agreement provided by such third-party owner or licensor and agrees to comply with any such terms and conditions in connection with the use or resale of such software. Graybar provides the software "AS IS" WITH ALL FAULTS, and the only warranties provided for software, if any, are provided by the third-party owner or licensor of such software. Although Graybar may collect fees relating to such software, the end user's agreement is with the third-party owner or licensor, and Buyer holds Graybar harmless from and against any claims arising out of or related to such firmware or software.

12.LIMITED WARRANTIES - Graybar warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to Graybar by the manufacturer of the goods. Buyer acknowledges that the performance of any service which alters the manufacturer provided goods, as indicated in the statement of work, may void the manufacturer's warranty. Graybar shall use the same care and skill a similarly situated provider of like services would exercise following commonly accepted industry practices in the performance of its duties under this agreement. GRAYBAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRAYBAR, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR IN CONNECTION WITH (1) ANY SAFETY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR (2) IN A HEALTHCARE APPLICATION, WHERE THE GOODS HAVE POTENTIAL FOR DIRECT PATIENT CONTACT OR WHERE A SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.

13.LIMITATION OF LIABILITY - Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Graybar, a copy of which will be furnished upon written request.

Furthermore, Graybar's liability shall be limited to either repair or replacement of the goods, re-performance of the services, or refund of the purchase price, all at Graybar's option, and IN NO CASE SHALL GRAYBAR BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment. Unless otherwise agreed in the applicable statement of work, acceptance of services will occur not more than five (5) days after completion of performance.

14.WAIVER - The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.

15.ASSIGNMENT - Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar, and any such assignment, without such consent, shall be void.

16.CERTIFICATION - Graybar hereby certifies that these goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. This agreement is subject to Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Veterans' Readjustment Assistance Act of 1974, as amended, E.O. 13496, 29 CFR Part 471, Appendix A to Subpart A, and the corresponding regulations, to the extent required by law. 41 CFR 60-1.4, 60-741.5, and 60-250.5 are incorporated herein by reference, to the extent legally required.

17.FOREIGN CORRUPT PRACTICES ACT - Buyer shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. §§78dd-1, et. seq.) irrespective of the place of performance, and (ii) laws and regulations implementing the Organization for Economic Cooperation and Development's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and the Inter-American Convention Against Corruption in Buyer's country or any country where performance of this agreement or delivery of goods will occur.

18.EXPORTING - Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.

Subject to the standard terms and conditions set forth in this document. Unless otherwise noted,freight terms are F.O.B. shipping point prepaid and bill.

Unless noted the estimated ship date will be determined at the time of order placement.

Description:

City of Shafter Skate Park
Quote #1766661
Updated On: 12/08/2023
Company Name:

City of Shafter
Billing Address:

City of Shafter (915620)
720 Commerce Way
Shafter, CA 93263
Created Date:
12/8/23
Shipping Address:
550 N Shafter Ave
Shafter, CA 93263 USA
Shipping Method:

Direct
FOB:

Factory
Sales Person:

Juan Cortez Jr
[email protected]
Branch:

Bakersfield #141
6616954796
Special Quote Conditions:
* QUOTE HAS GOOD FOR 30 DAYS**
**SUBJECT TO REQUOTE**
**ITEMS SUBJECT TO PRIOR SALES**
**ANY CHANGES IN QTY SUBJECT TO REQUOTE**
**ORDER WILL ONLY BE HELD FOR 1 WEEKS AFTER RELEASE**
**PLUS FREIGHT**
** SPECIAL ORDERS ARE NOT REFUNABLES

PRODUCTS QTY UNT PR / UOM TOTALS
Entire Quote:

Sub Total: $30,139.53
S/H: Direct From Vendor $0.00
Other Charges: $0.00
Tax: $2,185.12
Total: $32,324.65
Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative.

Orders related to this quotation must be receivedaccepted and released by Seller within 48 hours of issuance of the quotation and are subject to Lithonia Lighting
Type: Light Poles
1 $30,139.53 EA $30,139.53
Products Type Mfr Qty
DSXF3LED6P140K The head 16
DSXF3 LED 6 P1 40K 70CRI FL MVOLT IS DNAX /// MADE TO ORDER // LEAD TIME 17 BUSINESS DAYS // SHIPPING IS NOT INCLUDED BS28 T20 TD20 DNAX The arm 8
BS28 T20 TD20 DNAXD // /// MADE TO ORDER // LEAD TIME 34 BUSINESS DAYS // SHIPPING IS NOT INCLUDED RTS 25 7-0B T20 CP The pole 8
RTS 25 7-0B T20 CPL1/15A DNAXD /// MADE TO ORDER // LEAD TIME 30 BUSINESS DAYS // SHIPPING IS NOT INCLUDED

1. 000

Total: $32,324.65
Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative.

Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”.

Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusa.com/terms Full phone support at (888) 739-3577
Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays.

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AUTHORIZATION TO RELEASE FOR PROPOSAL - RIGHT OF

WAY SERVICES FOR SANTA FE WAY AND LOS ANGELES

ROUNDABOUT PROJECT

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and authorize the release of a Request for Proposals for Right-ofWay Services for Santa Fe Way and Los Angeles Roundabout Project subject to review and approval by the Public Works Director.

BACKGROUND
The City and California Department of Transportation (Caltrans) previously entered into an agreement to fulfill the right-of-way needs for the planned roundabout project at Santa Fe Way and Los Angeles Avenue. The agreement dictates that the City will fund the right-of-way acquisition while adhering to Caltrans acquisition procedures. A previous agreement with Caltrans covers the City's funding of design costs. Caltrans will fully fund the construction of the roundabout.

Staff has prepared a Request for Proposals (RFP) to appraise the value of the right-ofway required based on the current design. The RFP has been reviewed by Caltrans and is ready to be released so the City can accept competitive proposals. The anticipated cost for the appraisals is between $50,000 and $75,000.

ANALYSIS
Although not required by the City's bidding and procurement policies, formal procedures to secure proposals would help ensure a competitive process and compliance with the right-of-way acquisition agreement with Caltrans.

FISCAL IMPACT
Capital Improvement Program Project #ST00029 has $1,500,000 in funding programmed for the project's right-of-way acquisition costs. After the RFP process, staff will present costs and fiscal impacts at a future meeting. No budget action is required at this time.

AUTHORIZATION TO RELEASE FOR PROPOSAL - RIGHT OF WAY SERVICES FOR SANTA FE

WAY AND LOS ANGELES ROUNDABOUT PROJECT
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is an authorization to release a request for proposals and therefore, it is an 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
There is no alternative to releasing the RFP. The City is committed to fulfilling the rightof-way acquisition per an agreement with Caltrans, which includes contracting with a qualified firm to appraise the value of the right-of-way. A formal RFP process authorized by the Council helps to ensure a competitive process and compliance with Caltrans requirements.

NEXT STEPS
Staff will publish the release of the RFP and, upon completion, review and rank the proposals received. The results, with an award recommendation, will be brought before the Council at a future meeting.

ATTACHMENTS

1. RFP - Right of Way Services for Santa Fe Way and Los Angeles Roundabout Project

CITY OF SHAFTER

REQUEST FOR PROPOSALS
(RFP)
FOR

RIGHT OF WAY SERVICES (R/W)
-

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT
-
DUE: FEBRUARY 9TH, 2024 AT 4:00 P.M.

1 CITY OF SHAFTER

REQUEST FOR PROPOSAL (RFP)

FOR RIGHT OF WAY SERVICES
I. INTRODUCTION
The City of Shafter (City) is seeking proposals from qualified firms to provide all right of way services necessary to obtain a right of way certification for Santa Fe Way and Los Angeles Avenue Roundabout Project (Project). The services to be provided will include, but not limited to: survey and engineering work necessary to prepare legal descriptions and plats; various types of appraisals; negotiation; title and escrow services; relocation assistance; condemnation support; property management; hazardous material assessment and removal; demolition and clearance services.

Consultants will need to submit their Proposal as described in Section XII - Scope of Services of this RFP. Proposals submitted by Consultants for this sample project will serve as the basis for developing a short list of firms that will be invited to provide oral presentations and be interviewed. Upon completion of the presentations and interviews, firms will be ranked and negotiations will be initiated with the highest ranked firm(s). The City reserves the right to award the work to one firm or award the work to multiple firms.

Coordination of some of the work will be required with the California Department of Transportation (Caltrans), City of Shafter. All work will be prepared in accordance with City, and/or Caltrans practices, regulations, polices, procedures, manuals, and standards, as appropriate.

It is the City’s intent to move this project forward as quickly as possible; therefore, time is of the essence for completing the work for the scope of services in this RFP.

Throughout this RFP, the term “City” is intended to apply to the City of Shafter.

Throughout this RFP, the term “Proposer” is intended to apply to the firm submitting a proposal for this project.

Throughout this RFP, the term “Project” is intended to apply to the Santa Fe Way and Los Angeles Avenue Roundabout Project.

Throughout this RFP, the term “Office” is intended to mean:

City of Shafter
Attention: Ravi Pudipeddi/ Alex Gonzalez
Public Works Engineering
720 Commerce Way
Shafter, CA 93263

2 II. BACKGROUND
The intersection of Beech Avenue, Highway 43, and Santa Fe Way serves as a critical link between the community of Shafter, the City of Bakersfield, outlying communities and the Wonderful Logistics Park (which is home to thousands of jobs and continuing to increase). Traffic at this intersection exceeds 10,000 ADT on consistent basis, with congestion being at its peak during rush hour traffic in the morning and afternoon. Currently traffic detours around the congested intersection onto other surface streets thereby increasing traffic in residential neighborhoods. As it currently sits, the intersection is constructed in a way that includes a stop sign located in the center of the larger intersection and large vehicles with trailers that queue on Beech Avenue stop with their trailers on the rail road tracks. The Project proposes to construct a roundabout replacing the existing intersection where Highway 43 merges with Los Angeles Avenue, Beech Avenue, and Santa Fe Way.

In order to take advantage of each agency’s resources and to advance the project as quickly as possible, City and Caltrans staff have tentatively agreed that Caltrans should focus on the engineering and technical studies while the City would focus on the right-of-way acquisition.

The City proposes to retain a qualified consultant as early as possible to complete the right of way phase of the Project.

III. INQUIRIES
All inquiries related to the RFP should be submitted to:

City of Shafter
Attention: Ravi Pudipeddi/ Alex Gonzalez
Public Works Engineering
720 Commerce Way
Shafter, CA 93263
[email protected]
[email protected]
Consultants shall not contact other City staff during the Consultant selection process to discuss information related to this project.

IV. SCHEDULE
The proposal must arrive at the Office before 4:00 pm on the closing date listed below to be considered for this work.

Plan Calendar is as follows:

Distribution of RFP ................................................. 01/17/24 Closing Date for RFP.............................................. 02/09/24

3 Notification of Proposer Interviews ..................... 03/01/24 Interviews ................................................................ 03/07/24 Award of Contract ............................................... 04/03/24 *The Non-Mandatory Pre-RFP Meeting will be held in
the City Council Chambers (336 Pacific Avenue.) on
01/30/2023 from 9:00 to 10:30 AM.

All Prime Consultants and Sub-consultants are
encouraged to attend. The meeting will address
project overview, schedule and the DBE program.

V. PROPOSAL
The following criteria shall be required of all Proposals submitted for the Project to provide some consistency for the Selection Committee reviewing these proposals. Any proposal not conforming to these requirements may be rejected.

A submitted proposal shall be single-spaced, use a minimum 11 point Arial font, and be submitted on 8.5-inch by 11-inch paper, single-sided printing with minimum 0.5-inch margins on the right, top, and bottom and minimum 1-inch margins on the left side of the sheet. Charts and schedules may be included in up to 11-inch by 17-inch page format but shall be folded to fit into an 8.5-inch by 11-inch sheet. Each page shall be consecutively numbered throughout the entire proposal.

Proposal’s shall be bound and shall not exceed twenty-five (25) pages in length, excluding:
• dividers (which shall not contain any information);
• Item A – Transmittal / Cover Letter (maximum 2 pages) • Item B – Resumes Only
• Item G– Insurance Coverage/Claim History;
• Item H- Appendix A – General Information Sheet; and
• Item I- Appendix B – Sample Consultant’s Agreement with Attachments
Proposal’s must contain the information requested below and organized in the following order:

A. Transmittal/Cover Letter
Proposals shall be addressed to: City of Shafter, Ravi Pudipeddi, Public Works

4 Engineering, 720 Commerce Way, Shafter, CA 93263. Include the name, title, address, and telephone number of the person that the City may contact regarding the proposal throughout the period of evaluation.

Acknowledgement of receipt of any addenda issued by the City shall be made in the Transmittal/Cover Letter, and the letter must be signed by the Proposer’s corporate principal with contractual responsibility to bind the Proposer to the terms of the sample agreement.

B. Project Team Personnel/Experience
This section shall include the names and experience of the Proposer's Project Manager and other key personnel who will be working on the Project. The Project Manager and each member of the Proposer's team and the key personnel who will be providing services for the Project along with the firm they work for must be identified on an Organization Chart that has a tab for easy reference by reviewers.

The resumes for key personnel in this section shall not exceed one page each with the exception of the Project Manager which shall not exceed two pages.

Resumes should include a listing in tabular form that contains previous project experience that most closely relates to the type and scope of work for this RFP.

The list should contain at least the following information:
• Project title, location, owner, client, contract amount and description, including length and estimated cost of the project.
• The duties, tasks, and work performed by the team member on the listed project.
• The date(s) that the experience was obtained.
• The name of the firm under which the team member performed the services.
• The name of the “Prime” Consultant firm primarily responsible for the project. • The status of the listed project.

This section should also include a list of current specific projects or tasks that the key personnel are currently working on and the completion date of the team member's work.

C. Project Team Organization/Experience
This section should include a brief description of the consultant team. In addition, this section of the Proposal should include:

5 1. A brief profile of each firm on the team and a description of the services that they will be providing, the year that the firm was founded, the form of organization (e.g., corporation, partnership, sole proprietorship), the address and telephone number for the team member firm's office(s) that will be providing services, and the estimated percentage of the total scope of the work that the Proposer and each participating team member firm would be hired to complete under this RFP. It is expected that the Proposer shall be performing at least 50 percent of the total scope of work.

2. A listing of experience of the Proposer and other team member firms for services most closely related to the scope of work for these Projects, and for which services have been provided within the past 5 years. The list should include at least three different clients and should provide the following information for each project:
− Project title, location, owner, description, and estimated cost of the project;
− Firm name/organization under which services were provided to the listed project (i.e., if Proposer or team member has recently merged, purchased by, or otherwise joined with another firm who had actually performed the work for the listed project, then list that former firm's name);
− Nature of Proposer's or team member firm’s responsibilities, duties, tasks, and involvement in the project;
− Start and end dates (or projected end date) of Proposer's or team member firm's involvement in the project;
− Name of personnel who provided the services to the listed project, the duties they performed, and indicate in bold font any personnel who are also proposed to provide services for the Project for this RFP; − Total dollar amount of the Proposer's or team member firm's contract.

3. A minimum of three references should be given for the Proposer and at least two references for each of the team member’s firms identified to provide services for the Project. The references listed should involve the project for which Proposer has provided comparable services to those in this RFP.

References should include the following information:
− Name, address, and telephone number of the project owner/client and the name of a contact person;

6 D. Project Approach
This section of the proposal shall provide a narrative that addresses the Scope of Services and should demonstrate the Proposer’s understanding of the Project needs and requirements.

Specifically:
a. Describe the approach and work plan for completing the tasks specified in the Scope of Work. The work plan shall be of such detail to demonstrate the ability to complete the right of way certification in a timely manner.
b. Outline sequentially the activities that would be undertaken in completing the tasks and specify who will be performing them. c. Furnish a project schedule for each task and subtask in terms of elapsed weeks from commencement dates.
d. Identify methods that will be used to ensure quality control as well as budget and schedule control.

This section should also contain a detailed discussion of the work tasks and management activities necessary for Project completion. Discussion topics for consideration may include key project issues, technical approach, schedule review process, project management procedures, project control capabilities, project team coordination and experience, quality assurance, etc.

E. Management Approach/Subjective Statements
The right of way acquisition for this projects is funded using federal CMAQ and local matching funds. Therefore, the City desires to have the right of way acquired and certified so that the project will be ready to bid for construction as quickly as possible. Time is of the essence.

The City desires a Consultant:
• who is willing to go above and beyond to ensure the project stays on schedule, within budget, and is completed in a timely, cost effective manner; and
• who is proactive, not reactive; who plans ahead, in advance; and who is responsive to requests from the City and other involved Agencies; and • who has experience acquiring property under an early acquisition program following the URA (Uniform Act) and using Caltrans procedures and manuals, and has done so before, with the oversight and review from Caltrans; and

7 • who possesses outstanding problem-solving expertise and excellent communication skills with Local, State, and Federal Regulatory Agencies; and
• Who does not require constant oversight to complete tasks, and who responds to requests quickly and thoroughly?
This section should indicate why the Proposer should be selected for this work; what internal processes and procedures the Proposer has that make their firm superior; and what unique qualifications, knowledge, projects, services, and experience make the Proposer best suited to achieve the successful timely completion of these Projects.

F. Schedule
This section should include a schedule showing major activities and submittals and a discussion of how the consultant proposes to deliver the right of way for the Project in accordance with the schedule. The City wants to see a proactive approach from the Consultant and a list of ideas that may help expedite the schedule.

G. Insurance Coverage/Claims History
This section shall include a statement of the Proposer's current insurance coverage signed by a company official. The City requires a minimum of Two Million Dollars ($2,000,000) for Professional Liability Insurance, and One Million Dollars ($1,000,000) for each of the following: Automobile Liability Insurance, General Liability Insurance, and Workers' Compensation Insurance. If the Proposer's current coverage does not meet the City's minimum requirements, a statement of the Proposer's ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement.

This section shall also include a list of the Proposer's claims history since January 1, 2018

1. List all claims, demands for arbitration, and/or lawsuits filed by the Proposer, predecessor companies, or company officers against project owners or their agents. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.

2. List all claims, demands for arbitration, and/or lawsuits filed by project owners, their agents, or subconsultants against the Proposer, predecessor

8 companies, its agents, or bonding company in connection with the Proposer, its officers, its agents, or bonding company. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.

H. Appendix A – General Information Sheet – Separate Submittal The completed General Information Sheet, which is attached as Appendix A of this RFP, must be signed by an officer of the Proposer. Appendix A need not be included with all copies of the proposal, but one original can be placed in a separate identified envelope and included with the proposal submittal.

I. Appendix B – Sample CONSULTANT Contract
The sample CONSULTANT Contract must be signed, under the clause titled “Sample Agreement Acceptance”, on the last page of the contract where indicated. The contract must be signed by the Proposer's corporate principal with contractual responsibility to bind the Proposer to the terms of the Agreement. Refer to Section IX for additional information regarding the sample contract. Appendix B need not be included with all copies of the proposal, but one signed original can be placed in a separate identified envelope and included with the proposal submittal. None of the Attachments to the CONSULTANT Contract need to be completed, they are for reference only at this time. However, the attachments are part of the final contract and will need to be submitted by the selected consultant prior to contract award.

PROPOSER’S SHOULD BE AWARE THAT THEY WILL NOT BE ALLOWED TO MAKE ANY CHANGES (OTHER THAN DATES, AMOUNTS, ETC…) TO THE SAMPLE AGREEMENT CLAUSES.

VI. SUBMITTAL OF PROPOSALS
Firms responding to this RFP must submit four (4) printed copies and one (1) electronic copy in a .pdf format of the Proposer's submittal. The submittal items must be placed in a sealed envelope bearing the Proposer's name and the name of the project:

Proposal for Right of Way Services for the
Santa Fe Way and Los Angeles Ave Roundabout Project
Shafter, California

9 The submittal package must be delivered before 4:00 p.m. on January 31, 2024 the closing date listed in Section IV. Schedule, to:

City of Shafter
ATTN: Ravi Pudipeddi / Alex Gonzalez
Public Works Engineering
720 Commerce Way
Shafter, CA 93263
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including but not limited to, carrier delay. It is the Proposer's responsibility to meet the deadline stated above.

Submittals that do not contain the required number of copies and all of the information requested in this RFP may be considered non-responsive and rejected without evaluation.

Submittals received after the deadline or at the wrong location will be considered non-responsive. Fax or e-mail copies will not be accepted. All submittals become the property of the City of Shafter and will not be returned.

VII. SELECTION OF CONSULTANT
Firms submitting a proposal must provide in their submittal verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for this project as described in this RFP.

The City will evaluate Proposers based on the following criteria and the relative weighting of importance identified for each of the criteria:

A. Project Manager’s availability & experience with similar work 20% B. Project and Management Approach 20%
C. Schedule Approach 15%
D. Proposer’s experience with similar kinds of work 10% E. Key personnel experience and availability 15%
F. Other team members’ experience and availability 10%
G. References 5%
H. Claims history 5%
Total 100%
After reviewing the proposals submitted by interested firms, the City will develop a list of the most qualified firms who will then be invited to an interview. Upon completion of evaluation of the presentation/interviews, firms will be ranked.

VIII. SOLICITATION CAVEAT
The Proposer and its subconsultants understand and agree that the City shall have no financial responsibility for any costs incurred by the Proposer and its subconsultants in responding to this RFP, and City shall not be liable for any

10 Proposer's or its subconsultants' costs attributed to their own study and investigation of this Project. The City shall also have no financial responsibility for any costs incurred by Consultant until Consultant has executed a contract with the City and has been authorized in writing to proceed. The City reserves the right to terminate this RFP at any time.

The submission of a proposal shall be conclusive evidence that the Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered; the character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the City of Shafter. Once final selection occurs the Consultant will need to obtain a City of Shafter business tax certificate prior to execution of an Agreement with the City.

IX. CONTRACT DOCUMENTS
A sample copy of the City’s CONSULTANT Agreement is included as Appendix B to this RFP. Please review the agreement carefully. This is the contract that the Consultant will be expected to execute without alteration.

An officer of the Proposer must sign the “Sample Agreement Acceptance” clause located on the last page of the agreement and return the sample Consultant Contract included in the RFP with Proposer’s proposal submittal as indicated in Section I. The signature indicates that the Proposer accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement, with the exception that the "COMPENSATION", “TERM AND TERMINATION”, "TIME FOR COMPLETION" clauses and other blanks where appropriate will be modified. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and retaining of a different consultant by the City.

An Acknowledgment Line below the “Sample Agreement Acceptance” clause will be found below the signature line on the sample agreement. The officer must review the sample agreement carefully prior to signing it. The clause states:
“I have received and reviewed the sample CONSULTANT’S
AGREEMENT including the INDEMNITY clause which was included in the City’s RFP. My signature above shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFP. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified or created to contain the amounts and dates established for this contract.”
The City will not approve a Proposer's requested modifications to the insurance clause nor the indemnity clause of this contract. At the time of contract

11 execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the contract.

Compensation to the Consultant under this agreement will be made with local funds. It is anticipated that the basis of payment for the services provided under this agreement shall be cost-plus-a-fixed fee.

X. CONTACTS AT THE CITY OF SHAFTER
All questions concerning the submittal of proposals, the City's review and evaluation of the proposals, and the City's selection of a Consultant for these Projects must be submitted by e-mail, at least 7 calendar days before the proposal are due, to:

Ravi Pudipeddi, City Engineer
[email protected]
XI. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION Not applicable for this Project.

XII. SCOPE OF SERVICES
Such services may include, but are not limited to, the following work program:

A. PROJECT MANAGEMENT
This task covers typical project management services including the requirements for meetings, schedules, progress reports, and administration of the CONSULTANT work. Depending on the specific project assignment, CITY may require additional Project Management services to be performed by CONSULTANT but typical services anticipated at this time include, but are not limited to the following:

1. Coordination and Meetings
CONSULTANT shall meet with the relevant parties to discuss issues pertinent to the project assignments. CONSULTANT shall participate in project meetings (i.e.

Project Development Team (PDT) meetings, Agency coordination meetings, workshops) and be prepared to discuss project status, issues, policy, or procedural issues. CONSULTANT shall bring progress plans as appropriate and assist in developing meeting notices, agenda, minutes and/or handouts as needed.

2. Administration
Administration shall include the following elements of the work:
• Supervise, coordinate, and monitor work for conformance with the appropriate standards and policies;

12 • Apply for and/or assist to obtain City approvals and permits as required; • Prepare, circulate, and file correspondence and memoranda as appropriate;
• Maintain project files for a minimum of 3 years after the completion of project scope, unless otherwise directed by CITY.

3. Schedule and Progress Reports
CONSULTANT shall submit an initial Project Schedule for each Contract Task Order assignment. As directed by CITY, the schedule shall be tailored for project specific activities as appropriate to track right of way acquisition and project clearance activities from the initial appraisal phase through property possession. Following approval by CITY, this schedule will become the Baseline Project Schedule and will be tracked throughout the duration of the project.

As directed by CITY, schedule updates will be part of a monthly Progress Report prepared by CONSULTANT that describes the project status, outstanding action items, and/or issues for CITY approval. If appropriate and requested by CITY, the schedule and/or Progress Report may require updating more frequently.

4. Quality Assurance/Quality Control (QA/QC) Plan
CONSULTANT shall maintain a Quality Assurance/Quality Control Plan throughout term of this Contract. The QA/QC Plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, and other documents submitted under this Scope of Services are complete, accurate, checked, and proofread to meet professional standard practices in effect at the time of execution of the Contract.

Upon receipt of the Notice to Proceed (NTP), CONSULTANT shall discuss and explain their plan to provide a reasonable quality control check system and quality assurance program for the contract services described herein follow the applicable standard practices in effect at the time of execution of the Contract. Within twenty (20) working days of receiving the NTP, CONSULTANT shall submit a draft copy of the QA/QC Plan for review and approval by CITY. If requested by CITY, CONSULTANT shall modify and/or revise the QA/QC Plan as needed to appropriately control the project quality program for the contract.

B. Data, Documentation and Supplemental Work

1. All data, maps and documents produced by CONSULTANT shall be subject to approval and acceptance by CITY’s Project Manager. In the event of non-acceptance due to errors or omissions, CONSULTANT shall have seven calendar days to make corrections and return maps and documents to CITY.

Final acceptance will occur only after the work product has been determined to conform to this documents scope of work and requirements.

13 2. CONSULTANT shall appoint a Survey Manager (if needed) who is a Licensed Land Surveyor or Licensed Civil Engineer, authorized to practice land surveying by the State of California. The Survey Manager will be responsible for all survey related work to be performed by CONSULTANTS for CITY.

3. If any legal issues exist during the course of an assignment, CONSULTANT shall coordinate with CITY who will request legal opinion. All legal opinions shall be rendered by CITY’s legal counsel.

4. As directed by CITY, CONSULTANT shall coordinate with other CITY staff and/or consultants for supplemental work required for the effective delivery of the Project.

C. RIGHT OF WAY APPRAISAL SERVICES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL, AND FEDERAL PROPERTIES.

As needed, CONSULTANT shall provide right of way appraisal services for developed or undeveloped residential, commercial, industrial and agricultural properties. CONSULTANT may be required to produce appraisal reports for full or partial acquisitions, easements, temporary construction easements, leased or licensed properties, and sale or disposition of excess/surplus properties. Such appraisal services may include, but are not limited to, the following work program:

1. CONSULTANT shall prepare appraisals in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the State of California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch 6, Art 1, Section 6000 et seq.), the California Code of Civil Procedure, the Uniform Standards of Professional Appraisal Practice (USPAP), and in some cases, the Uniform Appraisal Standards for Federal Land Acquisition Act. CONSULTANT must be licensed by the State of California.

2. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding.

3. Deliverables shall typically consist of three (3) originals of the completed appraisal report and one electronic copy of a .pdf format, specialty reports and component valuations which may be performed by someone other than Consultant, and incorporated into the overall fair market valuation.

4. CONSULTANT may be required to meet with and coordinate their efforts with CITY staff, CITY legal counsel, and other consultants or Caltrans staff; participate in office or project site meetings.

14 5. Appraisal reports may be reviewed for acceptance and independent approval by the review appraisers. Revisions may be required by reason of this review process. Consultants may be requested to complete and deliver revised and/or updated appraisals. In the event of non-acceptance due to errors or omissions, CONSULTANT shall have fifteen (15) calendar days to make corrections and return the revised appraisals to the review appraiser.

6. For proposed acquisitions, the owner of the real property or a designated representative will be invited by CONSULTANT to accompany the CONSULTANT and appraiser during the inspection of the property. This invitation must be in the form of a letter entitled “Notice to Appraise” written by the CONSULTANT to the owner. A copy of the invitation will be included in the appraisal report.

7. It is the CONSULTANT’s responsibility to contact CITY’s project engineers for discussion and/or clarification of any project design matters. This is critical in the appraisal of partial acquisitions and easements where the CONSULTANT may need cross sections or other project engineering data to complete the report.

8. The highest and best use for the property in the before condition must be determined and supported. If a partial acquisition is involved, the highest and best use of the property in the after condition must be determined and supported. If the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in the market.

9. Where the acquisition involves only a part (or portion) of the property, the CONSULTANT will estimate any severance damages and special benefits to the remainder, including reasoning and market data to support the conclusion. The CONSULTANT will indicate if the remainder constitutes an economic or uneconomic unit in the market and/or to the present owner.

10. The California Eminent Domain Law will be followed in partial acquisitions.

Special benefits are to be offset only against damages to the remainder in accordance with the law.

11. Appraisal for easement acquisitions will reflect the restrictive elements of the easement to be acquired and the potential effect of such elements on the utility of the property considering its highest and best use. Full details with respect to any interference with the highest and best use of the property affected must be explained and supported.

12. The CONSULTANT must estimate and support the economic rent, state the contract rent and the remaining term of the lease as of the date of value.

Include lessor and lessee responsibilities for paying major expenses, e.g. taxes, insurance and maintenance.

15 13. CONSULTANT shall itemize in detail the “improvements pertaining to realty” (Eminent Domain Law-CCP Section 1263.205) showing their replacement cost new, depreciated value in place, salvage value if any, and relocation estimate. To the extent possible, determine the ownership claims of the Improvements Pertaining to the Realty.

14. In cases where the Appraisal Assignment requires a Specialty Appraisal (Furniture, Fixtures, Machinery and Equipment) and/or Specialists Reports (title, survey, soils, and engineering), CONSULTANT may be required to coordinate with CITY staff and/or consultants for such services as directed by CITY.

15. It is the CONSULTANT’s responsibility to thoroughly review the Specialty Appraisal for adoption (with adjustments or not, as appropriate) and inclusion in the overall appraisal. The estimated values that the specialty items actually contribute to the overall value of the real estate will be separately stated but included in the total value of the property.

16. If any legal issues exist during the course of the appraisal assignment, CONSULTANT shall notify CITY who will request legal opinion. All legal opinions shall be rendered by CITY’s legal counsel.

17. It is the CONSULTANT’s responsibility to contact CITY’s project manager to arrange for legal counsel discussions and/or clarifications in identifying personal or real property.

18. If hazardous waste is discovered on the property, CONSULTANT shall seek further direction from CITY.

19. Additional Qualifications:
a. CONSULTANT shall have a minimum five years’ experience as full time appraiser.
b. CONSULTANT shall be a member of a professionally recognized appraisal society or institute, such as the Appraisal Institute.
c. CONSULTANT shall have completed a minimum ten appraisal assignments in California involving potential acquisition pursuant to the laws of eminent domain.
d. CONSULTANT shall certify that CONSULTANT has not been disciplined in the last five years as an appraiser by any government or professional association.

D. APPRAISAL REVIEW SERVICES
As needed the CITY may request CONSULTANT for review appraisal services that may include, but are not limited to, the following work programs:

16 1. When required by CITY, CONSULTANT shall examine appraisals prepared by the Residential, Commercial, Industrial, Agricultural and/or Furniture, Fixtures, Machinery and Equipment appraisers.

2. CONSULTANT shall provide Review Appraisal Services based on nationally recognized appraisal standards and techniques, including those established by the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisition; ensure compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the State of California Government Code, the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations CH 6, Art 1, Section 6000 et seq.), and the California Code of Civil Procedure. Comply with the requirements of the Caltrans Right of Way Manual, when applicable.

CONSULTANT’s Appraiser must be licensed by the State of California.

3. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions at any Administrative or Judicial proceeding.

4. CONSULTANT may be required to meet with and coordinate their efforts with CITY staff, CITY legal counsel, and other consultants or Caltrans staff; participate in office or project site meetings.

5. It is the CONSULTANT’s responsibility to contact CITY’s project engineers for discussion and/or clarification of any project design matters. This is critical in reviewing appraisals of partial acquisitions and easements where engineering data have to be verified.

6. Review Appraiser shall examine appraisals to assure that they meet applicable appraisal requirements and shall, prior to acceptance, seek necessary corrections or revisions.

7. If the CONSULTANT is unable to recommend approval of an appraisal as an adequate basis for the establishment of the offer of just compensation, and it is determined that it is not practical to obtain additional appraisal, CONSULTANT may develop appraisal documentation to recommend value.

8. CONSULTANT’s Review Appraiser and the CONSULTANT’s Appraiser should discuss the appraisal assignment soon as the work is assigned. The Review Appraiser and, if practical, the Appraiser should hold at least one field review in order to identify any legal issues that may exist. If any legal issues exist, the Review Appraiser shall request legal opinion.

9. All legal opinions shall be rendered by CITY’s legal counsel and the appraisal prepared in accordance therewith.

17 10. CONSULTANT’s Review Appraiser’s certification of the recommended value of the property shall be set forth in a signed statement which identifies the appraisal reports reviewed and explains the basis for such recommendation. Any damages or benefits to any remaining property shall also be identified in the statement.

11. All reports and deliverables shall typically consist of three originals, including specialty reports which may be prepared by other consultants.

12. As directed by CITY, CONSULTANT shall coordinate with other CITY staff and/or consultants for supplemental work required for the effective delivery of the Project.

13. Additional Qualifications:
a. CONSULTANT shall have a minimum five years’ experience as full time appraiser.
b. CONSULTANT shall be a member of a professionally recognized appraisal society or institute, such as the Appraisal Institute.
c. CONSULTANT shall have completed a minimum ten appraisal assignments in California involving potential acquisition pursuant to the laws of eminent domain.
d. CONSULTANT shall certify that CONSULTANT has not been disciplined in the last five years as an appraiser by any government or professional association.

E. GOODWILL APPRAISAL SERVICES
Such appraisal services may include, but are not limited to, the following work programs;

1. CONSULTANT’s Appraiser shall prepare Goodwill Valuations in accordance with the California Code of Civil Procedure, and the Uniform Standards of Professional Appraisal Practice (USPAP). Appraiser must be licensed by the State of California.

2. Appraiser must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding.

3. Deliverables shall typically consist of three (3) originals of the completed appraisal report and an electronic copy in a .pdf format.

4. Appraiser may be required to meet with and coordinate their efforts with CITY staff, CITY legal counsel, or other consultants or Caltrans staff; participate in office or project site meetings.

18 5. In valuing the loss of goodwill to a business, Appraiser shall rely upon the definition of fair market value found in Section 1263.320 of the California Code of Civil Procedure, and compensation for loss of goodwill as outlined in Section 1263.510 of the California Code of Civil Procedure.

6. It is the Appraiser’s responsibility to contact CITY’s staff for discussion and/or clarification of any project design matters as well as relocation sites for the business.

7. Appraiser shall work with and take direction from CITY legal counsel in the delivery of their reports.

8. If any legal issues exist during the course of the appraisal assignment, Appraiser shall request legal opinion. All legal opinions shall be rendered by CITY’s legal counsel.

9. As directed by CITY, CONSULTANT shall coordinate with other CITY staff and/or consultants for supplemental work required for the effective delivery of the Project. Fees charged by CITY staff and/or consultants shall be paid directly by CITY.

10. Additional Qualifications:
a. CONSULTANT shall have a minimum of five years’ experience as a full time Goodwill appraiser.
b. CONSULTANT shall be a member of a professionally recognized appraisal society or institute, such as the Appraisal Institute.
c. CONSULTANT shall have completed a minimum ten Goodwill Valuation assignments in California involving potential acquisition pursuant to the laws of eminent domain.
d. CONSULTANT shall certify that CONSULTANT has not been disciplined in the last five years as a Goodwill Appraiser by any government body or professional association.

F. FURNITURE, FIXTURES, MACHINERY AND EQUIPMENT APPRAISAL SERVICES Such appraisal services may include, but are not limited to, the following work program:

1. CONSULTANT shall prepare appraisals in accordance with the California Code of Civil Procedure, the Uniform Standards of Appraisal Practice (USPAP), the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, and implemented by 49 CFR Part 24; the State of California Government Code; the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch 6, Art 1, Section 6000 et seq.). Appraiser must be licensed by the State of California.

19 2. CONSULTANT must be qualified to provide expert witness testimony and defend the conclusions reached in the appraisal at any Administrative or Judicial proceeding.

3. Deliverables shall typically consist of three (3) originals and one electronic copy in a .pdf format of the completed appraisal report.

4. CONSULTANT may be required to meet with and coordinate their efforts with CITY staff, CITY legal counsel, or other consultants or Caltrans staff; participate in office or project site meetings.

5. It is the CONSULTANT’s responsibility to contact CITY’s project engineers for discussion and/or clarification of any project design matters.

6. It is the CONSULTANT’s responsibility to contact CITY’s legal counsel for discussion and/or clarification in identifying personal or real property.

7. If any legal issues exist during the course of the appraisal assignment, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by CITY’s legal counsel.

8. As directed by CITY, CONSULTANT shall coordinate with other CITY staff and/or consultants for supplemental work required for the effective delivery of the Project.

9. Additional Qualifications:
a. CONSULTANT shall have a minimum five years’ experience as full time Furnishings, Fixtures and Equipment (FF & E) appraiser. b. CONSULTANT shall be a member of a professionally recognized appraisal society or institute, such as the Appraisal Institute.
c. CONSULTANT shall have completed a minimum ten FF & E appraisal assignments in California involving potential acquisition pursuant to the laws of eminent domain.
d. CONSULTANT shall certify that CONSULTANT has not been disciplined in the last five years as an appraiser by any government or professional association.

G. RIGHT OF WAY ACQUISITION AND RELOCATION, REAL PROPERTY

SEARCHES, IDENTIFICATION AND FEASIBILITY STUDIES FOR REPLACEMENT AND MITIGATION SITES, and COST ESTIMATES
CONSULTANT services may include, but are not limited to, the following work program:

1. All CONSULTANT work shall comply with applicable Federal, State and local statutes and regulations, including but not limited to, the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended

20 (URA), and implemented by 49 CFR Part 24; the California Government Code; the State of California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations Ch 6, Art 1, Section 6000 et seq.); the California Code of Civil Procedure; the Uniform Standards for Federal Land Acquisition Act; the California Public Utilities Code; and the California Streets and Highways Code.

2. CONSULTANT deliverables shall typically consist of three (3) originals and one electronic copy in a .pdf format, together with specialist’s reports which may be performed by someone other than CONSULTANT.

3. CONSULTANT may be required to meet and coordinate their efforts with CITY staff, CITY legal counsel, and other consultants or Caltrans staff; participate in office or project meetings.

4. As directed by CITY, CONSULTANT shall coordinate with other CITY staff and/or consultants for supplemental work required for the effective delivery of the Project.

5. CONSULTANT may be required to take direction from CITY’s legal counsel in the delivery of services, and to provide testimony in any Administrative or Judicial proceeding related to services rendered by CONSULTANT to CITY.

6. If any legal issues exist during the course of CONSULTANT’s performance of services required by CITY, CONSULTANT shall request legal opinion. All legal opinions shall be rendered by CITY’s legal counsel.

7. CONSULTANT may be required to review right of way acquisition and relocation files of current and past CITY projects to ensure compliance with applicable state and/or federal regulations.

8. CONSULTANT’s Acquisition/Negotiation Agents must provide evidence of proper real estate license in the State of California.

9. CONSULTANT must demonstrate knowledge and experience in working with the Federal Highway Administration (FHWA), the California Department of Transportation (Caltrans), and major utility owners.

10. On a project by project basis and as needed, CONSULTANT shall assign individuals to key positions such as a Project Manager, an Acquisition/Negotiation Manager, a Relocation Assistance Manager, and a Utilities Relocation Coordinator who may not be replaced without the written consent of CITY.

21 H. TITLE AND ESCROW SERVICES
Title and Escrow Services conducted by CONSULTANT on behalf of CITY may include, but are not limited to, the following work program:

1. At the initiation of the work program, the CONSULTANT shall meet with CITY staff regarding CITY’s requirements for specific title work and escrow services assignments.

2. CONSULTANT shall provide Preliminary Title Reports and Litigation Guaranties on all Fee Simple and less than Fee Simple property and property interests as requested by CITY.

3. CONSULTANT shall ensure that all Preliminary Title Reports are accurate and complete.

4. CONSULTANT shall provide all additional legal documents required by CITY, such as, copies of conveyance deed, deed restrictions, liens and encumbrances, title chains and the like.

5. CONSULTANT staff shall prepare and review all legal documents necessary to ensure that CITY is acquiring good title to the property or property interests to be purchased, free from liens and encumbrances.

6. CONSULTANT shall provide all necessary assistance to CITY to clear all exceptions stated in the Preliminary Title Reports, unless waived by CITY in writing.

7. CONSULTANT shall ensure that all conditions precedent and conditions subsequent provided for in Purchase and Sales Agreements are met and satisfied prior to Close of Escrow.

8. CONSULTANT shall prepare, subject to review and approval by CITY’s Legal Counsel, Escrow Instructions for execution by CITY and the grantor(s) or grantee(s). CONSULTANT shall ensure that all legal requirements are satisfied prior to Close of Escrow.

9. CONSULTANT shall provide efficient Escrow Services to CITY and property owners involved in CITY related transactions.

10. CONSULTANT shall prepare all necessary conveyance documents; demand and release of lien/encumbrance documents and submit the same for approval by CITY Legal Counsel prior to close of escrow.

11. CONSULTANT shall obtain grantor(s) Tax Identification Number, Social Security Number, Employer Identification Number or Federal Employer Identification Number prior to Close of Escrow and provide the same to CITY.

22 12. CONSULTANT shall record all documents necessary for the acquisition of property/property rights, release of liens and encumbrances with the proper State, County and City recorder’s office.

13. CONSULTANT shall prepare an Escrow Closing Schedule in accordance with written instructions from CITY and property owners.

14. CONSULTANT shall meet and coordinate its work with other right of way consultants as directed by CITY.

15. Immediately prior to Close of Escrow, CONSULTANT shall order and provide CITY with an Updated Preliminary Title Report to ensure that no new liens and/or encumbrances are recorded on the property/property interests to be acquired by CITY.

16. At Close of Escrow, CONSULTANT shall prepare and submit an Escrow Closing Statement to CITY and other parties to the transaction, together with copies of all documents conveying title to CITY, copies of releases of liens and encumbrances, receipt for payments made on behalf of CITY and the other parties to the transaction.

17. At Close of Escrow, the CONSULTANT shall issue a binder to be rewritten to insure Caltrans upon City’s transfer of the completed project for a Standard Owner’s Policy of Title Insurance effectively insuring CITY’s interest and ownership of the property or property rights acquired, unless an ALTA Policy of Title Insurance is requested by CITY.

18. CONSULTANT shall provide multi-lingual services as needed for efficient closing of CITY transactions.

19. As requested by CITY, CONSULTANT may be required to testify in any administrative or judicial proceeding.

20. CONSULTANT shall perform any other normal procedures and processes necessary to implement the assignment or work program and shall provide any other supporting information and/or correspondence required by CITY.

21. CONSULTANT shall assign a Project Manager, a Title Officer and an Escrow Officer to this procurement, which may not be replaced without the written consent of CITY.

22. If legal issues exist during CONSULTANT’s performance of services required by CITY, CONSULTANT shall request legal opinion. All legal opinions shall be rendered or concurred to by CITY’s legal counsel.

23 23. As directed by CITY, CONSULTANT shall coordinate with other CITY staff and/or consultants for supplemental work required for the effective delivery of the Project.

I. RELOCATION SERVICES
The CONSULTANT shall provide a Relocation Assistance Coordinator, as needed, to implement the Relocation Assistance Program (RAP) in accordance with applicable laws, regulations, and policies. Services required include but are not limited to:

1. Implement the Uniform Act and other requirements.

2. Prepare Relocation Impact Documents (RID), Replacement Housing Valuations, and other R/W Planning documents.

3. Identify that sufficient consultants are available to perform the RAP requirements of the project such that there is adequate time to spend with each displacee to ensure the appropriate level of advisory assistance is provided and that claims are processed in a timely manner.

4. Coordinate increase of rental rates with Caltrans R/W staff to ensure that increases for RAP eligible occupants are in accordance with rental policy for residential rental rates. Increases in rental rates for 90-day Occupants may drastically affect their entitlements.

5. Perform inspections of the real property just prior to or at the close of escrow to determine if the acquired items of realty are still on-site, and explain to the displacees who will remain in occupancy that they are responsible for maintenance of the property until they vacate.

Describe grace period, if any, for businesses renting from the State, in the rental agreement.

J. PROJECT INFORMATION AND FILES
The City shall provide the necessary information such as plats, legals, and descriptions, R/W acquisition maps, and preliminary title reports of the proposed acquisitions. The Consultant will have to pull the most recent title reports prior to completion of acquisitions.

K. SEALED COST PROPOSALS (TO BE SUBMITTED ON REQUEST)
(i) A cost proposal shall be prepared by the Offeror. If the Offeror is identified as a top ranked candidate, then the City will request the Offeror submit the cost proposal. Cost proposal shall be submitted within three (3) business days of the request.

24 (ii) Cost proposal shall be provided in a sealed envelope. Four (4) wet signed copies of the cost proposal shall be provided.
(iii) Cost proposal shall be opened and reviewed after an Offeror has been selected based on criteria set forth in this RFP. Cost proposals shall be subject to discussion and negotiation.
(iv) Cost proposal must include the costs of materials, direct salaries, payroll additions, other direct costs, indirect costs, fees, and backup calculations.
(v) Cost proposal shall not be used as a basis for determining firm qualifications or scoring purposes.

25 REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES (R/W)
Santa Fe Way and Los Angeles Avenue
Roundabout Project
Shafter, California
APPENDIX “A”

GENERAL INFORMATION SHEET

26 Appendix “A” -- General Information Sheet
Professional Services for Right of Way Services for

SANTA FE WAY & LOS ANGELES AVE ROUNDABOUT PROJECT
Shafter, California
Date: ______________________________
Legal Name of Firm: _________________________________________________________ Type of Organization: ________________________________________________________ Individual, Partnership or Corporation
For corporations, the state in which the firm is incorporated: _________________________ Federal Employer I.D. Number: _______________________________________________ Street Address: __________________________________________________________ __________________________________________________________ Mailing Address: __________________________________________________________ __________________________________________________________ Telephone Number: _________________________________________________________ Facsimile Number: __________________________________________________________ _________________________________________________________________________ Name of Principal-in-charge Title License Number
_________________________________________________________________________ Name of Project Manager Title License Number
_________________________________________________________________________ Signature of an officer of the firm Title Date

27 REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES (R/W)
Santa Fe Way and Los Angeles Avenue
Roundabout Project
Shafter, California
APPENDIX “B”
SAMPLE CONSULTANT’S AGREEMENT

28 CITY OF SHAFTER

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ 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 [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (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:
____________________________________________________________________________ (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. Scope of Work.

Consultant shall provide the City with the services described in the Scope of Services as stated in section XII of RFP.

1.1 Title VI Mandate The parties to this agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 164, 49 C.F.R Section 50.3.

1.2 No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is subject of this agreement.

29 2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ [Insert amount of compensation]. 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. Time for Completion.
[If engaging the Consultant for a particular term, use the following provision]
The term of this Agreement shall be from [Insert start date] to [Insert end date], unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services

30 required hereunder within [Insert number of calendar days for performance of the services – Consultant shall provide a detailed schedule as mentioned in Section F of this RFP in the Activity Schedule” as Exhibit C.

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

31 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. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General
Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this
Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability

32 exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either
deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work
under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the
automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a selfinsured retention. c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State

33 of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. 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
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the
limits.
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

34 f. 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. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and
Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

35 (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. 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.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that

36 they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend,

37 indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. 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, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. 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

38 this Agreement, the action shall be brought in a state or federal court situated in the County of Kern, State of California.

16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization
Consultant shall assign _________________________ as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

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

20. 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

39 States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Shafter
336 Pacific Avenue
Shafter, California 93263
Attn: Ravi Pudipeddi/ Alex Gonzalez,
Public Works Engineering
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
and shall be effective upon receipt thereof.

21. 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.

22. 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 nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. 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.

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

40 25. 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.

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

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

28. 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.

29. 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.
[SIGNATURES ON FOLLOWING PAGE]

41 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SHAFTER
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SHAFTER [INSERT NAME OF CONSULTANT]
By: By:
[INSERT NAME]
[INSERT TITLE] Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

City Attorney

42 EXHIBIT A
Scope of Services
See section XII of the RFP.

43 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

44 EXHIBIT C
Activity Schedule

45 EXHIBIT D

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, the Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement includes remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) – Equal Employment Opportunity:

Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants

46 as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such

47 direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement.
(d) Appendix II to Part 200 (D) – Copeland “Anti-Kickback” Act: Not applicable to this Agreement.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C.

48 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R.

Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(v) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this

49 Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation

50 to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agreement term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated

51 funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonFederal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPAdesignated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPAdesignate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guidelinecpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment

52 produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of
government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services
provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment
or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and
construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated

53 against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

54 SAMPLE AGREEMENT ACCEPTANCE
I have received and reviewed the sample
CONSULTANT’S AGREEMENT including the
INDEMNITY clause which was included in the
City’s RFQ/RFP. My signature above shall
signify our firm’s acceptance of said contract
if our firm is selected for awarding a contract
for the project as described in said RFQ/RFP.

This acceptance is made with the
understanding that the Compensation and
Time for Completion clauses will be modified
or created to contain the amounts and dates
established for this contract.

BY: _____________________________
TITLE: ___________________________
Attachments: Attachment “A” RFP
Attachment “B” Scope of Work
Attachment “C” Cost Proposal
Attachment “D” Certification of City
Attachment “E” Certification of Consultant

55 REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT
Shafter, California
Attachment “A” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT
Shafter, California
Attachment “B” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

SCOPE OF WORK DESCRIPTION/SCHEDULE
To be supplied by Consultant upon successful negotiation of a contract to perform services requested by this RFP.

REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT
Shafter, California
Attachment “C” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

COST PROPOSAL
To be supplied by Consultant upon successful negotiation of a contract to perform services requested by this RFP.

REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT
Attachment “D” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

CERTIFICATION OF CITY

Attachment “D” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

CERTIFICATION OF CITY
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANGELES AVE

ROUND AOUT PROJECT
I HEREBY CERTIFY that I am the Project Manager of the City of Shafter, and that the consulting firm of _____________________________ or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to:
(a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind.

I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil.
____________________ _________________________________
(Date) Ravi Pudipeddi
Project Manager

REQUEST FOR PROPOSAL
(RFP)

RIGHT OF WAY SERVICES

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT
Attachment “E” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

CERTIFICATION OF CONSULTANT

Attachment “E” to APPENDIX “B”
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANAGELES AVE

ROUNDABOUT PROJECT

CERTIFICATION OF CONSULTANT
Agreement for Right of Way Services for

SANTA FE WAY AND LOS ANGELES AVE

ROUND AOUT PROJECT
I HEREBY CERTIFY that I am the __________________________ and duly authorized representative of the firm of __________________________________ whose address is _______________________________________________________, and that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement; nor
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; nor
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this Agreement.

I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

_________________ ___________________________________
(Date) (Signature)

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: CITY COUNCIL RATIFICATION OF A PROJECT BUDGET
INCREASE IN THE AMOUNT OF $10,500 FOR KIRSCHENMANN

PARK RESTROOM SEWER REPAIRS

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve a revised budget for Kirschenmann Park restroom repairs performed by Hector's Plumbing, Inc. to $25,500.

BACKGROUND
The Council previously authorized restroom repairs at the Kirshenmann Park performed by Hector's Plumbing, Inc. (Hector's Plumbing) for up to $15,000. The scope of work was focused on completing sewer mainline repairs. The work commenced but later revealed the need for additional repairs and replacements to lateral piping, toilets, and floor drains. Because these additional issues could compromise safe and reliable restroom access, staff directed Hector's Plumbing to complete the additional work.

ANALYSIS
The additional work resulted in the final cost of restroom repairs totaling $25,500, exceeding the original budget approval by $10,500. It was authorized ahead of formal Council approval because of the potential safety issues presented by a non-functioning public restroom. Still, approval of this additional work should be ratified by the Council.

FISCAL IMPACT
The maintenance budget for Kirschenmann Park currently has $11,845.00 available. The total project cost from Hector's Plumbing, Inc. to be billed is outstanding in the amount of $25,500. However, funding from other park budgets can be reallocated internally by staff to cover the suggested budget without formal action by the Council.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15278(b)(4) of the CEQA Guidelines because the action is an approval of a contract change order for restroom repairs and therefore, it is the creation of governmental funding mechanism or other fiscal activity

CITY COUNCIL RATIFICATION OF A PROJECT BUDGET INCREASE IN THE AMOUNT OF $10,500 FOR KIRSCHENMANN PARK RESTROOM SEWER REPAIRS
- 2 -
that does not involve any commitment to a specific project that can result in a potentially significant impact.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
None.

NEXT STEPS
None.

ATTACHMENTS

1. City of Shafter - 400 E. Euclid Revised 12.11.23 - Quote

Hectors Plumbing Inc. CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93390
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994
PROPOSAL AND CONTRACT Revised 12/11/23
Bill To: City of Shafter Date: June 9, 2023
Ph# 661-746-5054 For: 400 E. Uclid
We propose to perform all labor necessary to complete your plumbing work according to code.

PW rates included.

For the sum of all above work to completed in a timely and workman manner, according to standard practices:

Twenty-Five Thousand five hundred Dollars…………………………………$25,500.00 - Trench & replace approx. 20’ of 4” sewer line.
- Backfill trench
- Replace x3 @carriers on toilets #JRS230Y
-Saw-cut and concrete patch
-Replace x3 #KOHK84325WHT bowl w/ #SLN111128XLREGAL flush valve -Replace two floor drains

Hectors Plumbing Inc CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93314
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994
Bill To: City Of Shafter Date: June 9, 2023
Ph# 661-746-5054 For: 400 E. Uclid
Payments as follows:
100% upon completion.

Any alterations or deviation from above specifications or the plans involving extra cost of material or labor will be executed upon written orders for same (hereafter referred to as Change Orders, CO). Customer maybe charged $25 per CO in addition to the extra amount included in CO over and above the sum quoted in this contract. CO will also apply in the instance when customer requires additional estimate(s) for the same job quoted with variations to original Bid.

All agreements must be made in writing. Interest at the rate of 1 ½% per month or 18% per annum, will be charged on balances over 30 days. Minimum charge per month $1.00.

Respectfully Submitted: _______________________________

Hector’s Plumbing Inc. CONSTRUCTION-MAINTENANCE-REMODEL PO Box 21984 Bakersfield, CA 93314
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994

***ANY DEVIATIONS OR ALTERATIONS OF ANY KIND ON THIS BID MUST BE APPROVED AND IN WRITING BY HECTOR’S PLUMBING INC,
MANAGEMENT********
**If Generators are needed at job site, additional charge of $150.00 dollars per day that generator is used. ***

Any extras need to be in a change order, and will be charged separately. Bid does not include optional.

***Extras or any upgraded items will be billed later separately**** Bid: $25,500.00

Hectors Plumbing Inc. CONSTRUCTION-MAINTENANCE-REMODEL
PO Box 21984 Bakersfield, CA 93390
Office: (661) 588-3187
Fax: (661) 587-8738
California Contractor’s License # 679994
Bill To: City Of Shafter Date: June 9, 2023
Ph# 661-746-5054 For: 400 E. Uclid

Assigned bid is only valid for 30 days, after 30-day period a new bid needs to be drawn.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board. Any questions concerning a contractor may be referred to the register of the Board whose address is: Contractors State License Board, 1020 N Street, Sacramento, Ca 95814

ACCEPTANCE
By our signature hereto, you are authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which we agree to pay the amount quoted and according to the terms of this proposal.

Revised 12/11/2023
Bid $25,500.00
Accepted________________________ Date: _________________________

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: APPROVAL TO INCREASE PROJECT BUDGET OF $20,000 FOR

PROFESSIONAL SERVICES PROVIDED FOR SKATEPARK

AMENITY DESIGN

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; ratify approval of additional design services for the Skatepark Amenity Professional Design Agreement with Wynn-Smith Landscape Architecture, Inc.; and authorize a revised total budget of $35,000.00 for said design services.

BACKGROUND
Among the recreation sites to be improved with State Clean California grant funds is the community skatepark, located at 460 East Euclid Avenue. The improvements include replacing and modernizing the skatepark equipment, which the Council recently authorized at a cost of up to $500,000.

The grant scope also includes adding new amenities around the skatepark equipment area, including lighting and landscaping. The City originally contracted with WynnSmith Landscape Architecture to complete a layout and design of the amenities. The approved scope of work was valued at $13,750, but the Council approved a budget capacity of up to $15,000. Staff later concluded that a grading plan would be essential for completing the design. Further, the design could be completed more efficiently if Wynn-Smith added a civil engineer as a sub-consultant for completing the grading plan rather than the City contracting separately with a civil engineering firm, even with staff engineers. To date, the grading plan and other design elements added have increased the value of the design contract work to $30,655. A final budget of $35,000 would ensure the City can cover all design-related costs.

ANALYSIS
The new budget forecast exceeds the original budget approval by $20,000. The additional work was authorized ahead of formal Council approval to ensure timely and cost-effective completion of the skatepark amenities design. Still, approval of this additional work should be ratified by the Council. The project budget should also be increased accordingly.

APPROVAL TO INCREASE PROJECT BUDGET OF $20,000 FOR PROFESSIONAL SERVICES

PROVIDED FOR SKATEPARK AMENITY DESIGN
- 2 -

FISCAL IMPACT
The costs associated with the increased work are likely not covered under the Clean California grant but can be covered by an Engineering Services budget (Account #0100-40-400-18-00-510401). No budget action is necessary.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15278(b)(4) of the CEQA Guidelines because the action is an approval of a contract change order for additional design services and therefore, it is the creation of 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.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ALTERNATIVES
None.

NEXT STEPS
The skatepark amenities design will be completed. Funding for the construction of the amenities will be brought before the Council at a future meeting.

ATTACHMENTS
None

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE NOVEMBER 15, 2023

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt the City of Shafter Employee Bi-Weekly Pay Schedule effective November 15, 2023.

BACKGROUND
Personnel System Rule 3.3 grants the City Manager the authority to continually review the City’s classification plan for decision-making on compensation, selection, employee development, career advancement, and other personnel activities. With the authority granted in the aforementioned Personnel System Rule, the following revisions have been made to the City of Shafter Employee Bi-Weekly Pay Schedule effective November 15, 2023:

Position Range Bi-Weekly Pay Action
Building Inspector I NR 232 $2,991 - $3,635
Salary Adjustment from
NR Range 202 to 232
Building Inspector II NR 253 $3,303 - $4,014
Salary Adjustment from
NR Range 217 to 253
Education Partnership
Director DIR 384 $6,035 - $7,337
Salary Adjustment from
DIR Range 324 to 384
Service Crew Member,
Senior SEIU 172 $2,281 - $2,772 Add Classification

ANALYSIS
Pursuant to California Code of Regulations (CCR) Section 570.5, CalPERS requires that a pay schedule be adopted by the City Council to formally authorize the employee pay rates and earnable reportable compensation. Enclosed is the revised City of Shafter Employee Bi-Weekly Pay Schedule for City Council adoption effective November 15, 2023.

APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE NOVEMBER 15, 2023
- 2 -

FISCAL IMPACT
The revisions are within the approved Fiscal Year 2023/2024 Annual Operating Budget. A budget amendment is not 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 a pay schedule 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
No

ALTERNATIVES
None.

NEXT STEPS
The adopted Employee Bi-Weekly Pay Schedule shall be submitted to CalPERS and made publicly available.

ATTACHMENTS

1. Bi-Weekly Pay Schedule Effective November 15, 2023

TITLE SALARY GRID RANGE ABCDE
Accountant, Senior (PT/Extra Help)* Hourly
Accounting Manager NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Accounting Technician I NR 146 2,004 $ 2,104 $ 2,209 $ 2,320 $ 2,436 $ Accounting Technician II NR 167 2,207 $ 2,318 $ 2,433 $ 2,555 $ 2,683 $ Accounting Technician III NR 188 2,433 $ 2,555 $ 2,683 $ 2,817 $ 2,958 $ Administrative Analyst I NR 209 2,685 $ 2,819 $ 2,960 $ 3,108 $ 3,263 $ Administrative Analyst II NR 261 3,431 $ 3,602 $ 3,782 $ 3,971 $ 4,170 $ Administrative Assistant I NR 147 2,013 $ 2,114 $ 2,220 $ 2,331 $ 2,447 $ Administrative Assistant II NR 162 2,158 $ 2,265 $ 2,379 $ 2,498 $ 2,623 $ Animal Control Manager SPOA-NS 212 2,697 $ 2,832 $ 2,974 $ 3,122 $ 3,278 $ Animal Control Officer SPOA-NS 155 2,070 $ 2,173 $ 2,282 $ 2,396 $ 2,516 $ Animal Control Services Worker NR 70 1,424 $ 1,495 $ 1,570 $ 1,648 $ 1,730 $ Budget Analyst I NR 209 2,685 $ 2,819 $ 2,960 $ 3,108 $ 3,263 $ Budget Analyst II NR 261 3,431 $ 3,602 $ 3,782 $ 3,971 $ 4,170 $ Building Inspector I NR 232 2,991 $ 3,140 $ 3,297 $ 3,462 $ 3,635 $ Building Inspector II NR 253 3,303 $ 3,468 $ 3,641 $ 3,823 $ 4,014 $ Building Inspector Supervisor NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Building Official DIR 384 6,035 $ 6,337 $ 6,654 $ 6,987 $ 7,337 $ Business Development Coordinator NR 277 3,702 $ 3,887 $ 4,082 $ 4,286 $ 4,500 $ City Clerk NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ City Engineer NR 365 5,653 $ 5,935 $ 6,232 $ 6,544 $ 6,871 $ City Manager Contract 8,269 $
City Manager, Deputy Contract 7,867 $
Code Enforcement Officer I NR 183 2,378 $ 2,496 $ 2,621 $ 2,752 $ 2,890 $ Code Enforcement Officer II NR 202 2,598 $ 2,728 $ 2,864 $ 3,007 $ 3,158 $ Community Engagement Manager NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Economic Development Director DIR 384 6,035 $ 6,337 $ 6,654 $ 6,987 $ 7,337 $ Education Partnership Director DIR 384 6,035 $ 6,337 $ 6,654 $ 6,987 $ 7,337 $ Education Partnership - Library and Learning Center Manage NR 208 2,672 $ 2,806 $ 2,946 $ 3,093 $ 3,248 $ Education Partnership - Teacher (PT/Extra Help)* Hourly 39.69 $ Education Partnership - Tutor I (PT/Extra Help)* Hourly 17.34 $ Education Partnership - Tutor II (PT/Extra Help)* Hourly 20.17 $ Engineer I NR 228 2,934 $ 3,081 $ 3,235 $ 3,397 $ 3,567 $ Engineer II NR 243 3,150 $ 3,307 $ 3,472 $ 3,646 $ 3,828 $ Equipment Operator SEIU 137 1,942 $ 2,039 $ 2,141 $ 2,248 $ 2,360 $ Facilities Manager NR 212 2,722 $ 2,858 $ 3,001 $ 3,151 $ 3,309 $ Finance Director DIR 384 6,035 $ 6,337 $ 6,654 $ 6,987 $ 7,337 $ GIS Specialist I NR 186 2,410 $ 2,531 $ 2,657 $ 2,790 $ 2,930 $ GIS Specialist II NR 207 2,660 $ 2,793 $ 2,932 $ 3,079 $ 3,233 $ Human Resources Analyst I NR 162 2,158 $ 2,265 $ 2,379 $ 2,498 $ 2,623 $ Human Resources Analyst II NR 208 2,672 $ 2,806 $ 2,946 $ 3,093 $ 3,248 $ Human Resources Manager NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Information Technology Analyst NR 265 3,496 $ 3,671 $ 3,855 $ 4,048 $ 4,250 $ Information Technology Manager NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Information Technology Manager, Assistant NR 293 3,996 $ 4,196 $ 4,406 $ 4,626 $ 4,858 $ Information Technology Specialist I NR 199 2,562 $ 2,690 $ 2,825 $ 2,966 $ 3,114 $ Information Technology Specialist II NR 238 3,076 $ 3,230 $ 3,392 $ 3,561 $ 3,739 $ Intern* Hourly 15.50 $
Mechanic SEIU 157 2,128 $ 2,234 $ 2,346 $ 2,463 $ 2,586 $ CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/15/2023 - Revised 12/1/2023 - Adopted 1/16/2024) $50.00 - $85.00 DOE

TITLE SALARY GRID RANGE ABCDE
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/15/2023 - Revised 12/1/2023 - Adopted 1/16/2024) Permit Technician NR 183 2,378 $ 2,496 $ 2,621 $ 2,752 $ 2,890 $ Planner, Associate NR 205 2,635 $ 2,766 $ 2,905 $ 3,050 $ 3,202 $ Planner, Senior NR 281 3,773 $ 3,962 $ 4,160 $ 4,368 $ 4,586 $ Planning Director NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Police Captain NR 344 5,107 $ 5,362 $ 5,630 $ 5,912 $ 6,207 $ Police Chief DIR 384 6,035 $ 6,337 $ 6,654 $ 6,987 $ 7,337 $ Police Chief, Assistant NR 352 5,309 $ 5,574 $ 5,853 $ 6,145 $ 6,453 $ Police Dispatch Supervisor NR 228 2,934 $ 3,081 $ 3,235 $ 3,397 $ 3,567 $ Police Dispatcher SPOA-NS 154 2,060 $ 2,163 $ 2,272 $ 2,385 $ 2,504 $ Police Lieutenant NR 306 4,253 $ 4,466 $ 4,689 $ 4,924 $ 5,170 $ Police Officer SPOA-S 205 2,659 $ 2,792 $ 2,931 $ 3,078 $ 3,232 $ Police Officer Cadet Hourly 25.50 $
Police Officer, Senior SPOA-S 225 2,920 $ 3,066 $ 3,220 $ 3,381 $ 3,550 $ Police Records Supervisor NR 228 2,934 $ 3,081 $ 3,235 $ 3,397 $ 3,567 $ Police Records Technician NR 163 2,168 $ 2,276 $ 2,390 $ 2,509 $ 2,635 $ Police Property & Evidence Technician NR 204 2,622 $ 2,753 $ 2,891 $ 3,035 $ 3,187 $ Police Sergeant SPOA-S 262 3,479 $ 3,653 $ 3,836 $ 4,027 $ 4,229 $ Public Facilities Manager NR 212 2,722 $ 2,858 $ 3,001 $ 3,151 $ 3,309 $ Public Works Director DIR 384 6,035 $ 6,337 $ 6,654 $ 6,987 $ 7,337 $ Public Works Director, Assistant NR 363 5,598 $ 5,878 $ 6,172 $ 6,481 $ 6,805 $ Public Works Director, Deputy NR 363 5,598 $ 5,878 $ 6,172 $ 6,481 $ 6,805 $ Public Works Inspector NR 208 2,672 $ 2,806 $ 2,946 $ 3,093 $ 3,248 $ Public Works Manager NR 340 5,009 $ 5,260 $ 5,523 $ 5,799 $ 6,089 $ Service Crew Member I SEIU 106 1,686 $ 1,771 $ 1,859 $ 1,952 $ 2,050 $ Service Crew Member II SEIU 140 1,969 $ 2,067 $ 2,170 $ 2,279 $ 2,393 $ Service Crew Member, Senior SEIU 172 2,281 $ 2,395 $ 2,515 $ 2,640 $ 2,772 $ Transit Driver (FT) NR 83 1,508 $ 1,583 $ 1,662 $ 1,745 $ 1,833 $ Transit Driver (PT) Hourly 18.33 $
Transit Driver, Lead NR 116 1,749 $ 1,836 $ 1,928 $ 2,024 $ 2,125 $ Utility Billing Clerk (PT/Extra Help) Hourly 22.60 $
Utility Operator I SEIU 140 1,969 $ 2,067 $ 2,170 $ 2,279 $ 2,393 $ Utility Operator II SEIU 173 2,291 $ 2,406 $ 2,526 $ 2,653 $ 2,785 $ Utility Technician SEIU 205 2,660 $ 2,793 $ 2,932 $ 3,079 $ 3,233 $ The numbers on this schedule are rounded to the nearest dollar and may vary slightly from actual payroll calculations due to rounding. *Interns are paid at the California Minimum Wage

FULL-TIME PART-TIME
Bilingual 5% $46.16 $36.92
Prorate per hour =
$960 Annual
Education Incentive (5% Maximum)
Student +60 Units 2.5%
Associate Degree 2.5%
Bachelor Degree 5%
POST Intermediate 5% 5%
POST Advanced 5% 5%
Arborist 2.5% - 3.5% 2.5% - 3.5%
ASE 1% - 2% 1% - 2%
Water (Distribution or Treatment) 2.5% - 4.5% 2.5% - 4.5% Other Up to 5%
Certificates

PREMIUM PAY FLAT AMOUNT AND/OR PERCENTAGE OF BASE BIWEEKLY AMOUNT CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 11/15/2023 - Revised 12/1/2023 - Adopted 1/16/2024)

NONREPRESENTED EMPLOYEES

INCENTIVE

SHAFTER POLICE

OFFICER

ASSOCIATION

SEIU PUBLIC WORKS
UNIT

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE JANUARY 1, 2024

RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt the City of Shafter Employee Bi-Weekly Pay Schedule effective January 1, 2024.

BACKGROUND
The City of Shafter Employee Bi-Weekly Pay Schedule has been updated to reflect the Pay Adjustments authorized by City Council effective January 1, 2024, as follows:
• 7.75% Pay Increase – SPOA Non-Sworn, Non-Represented Non-Sworn, and SEIU Classifications
• 13.75% Pay Increase – SPOA Sworn and Non-Represented Sworn Classifications
• 5% COLA – SEIU Classifications
• CA Minimum Wage ($16.00) - Interns
• Created two tiers of compensation for all part-time classifications • City Manager pay increase as approved by the City Council on December 19, 2023

ANALYSIS
Pursuant to California Code of Regulations (CCR) Section 570.5, CalPERS requires that a pay schedule be adopted by the City Council to formally authorize the employee pay rates and earnable reportable compensation. Enclosed is the revised City of Shafter Employee Bi-Weekly Pay Schedule for City Council adoption effective January 1, 2024.

FISCAL IMPACT
An estimated $1,800,000 labor cost increase from recent changes related to equity adjustments, COLA, longevity pay, California minimum wage, health insurance, and other labor changes. About $1,476,000 relates to the general fund and approximately

APPROVAL OF CITY OF SHAFTER EMPLOYEE BI-WEEKLY PAY SCHEDULE EFFECTIVE JANUARY 1, 2024
- 2 -
$324,000 relates to other funds. Additional details and context can be found in staff reports from September 5, 2023, September 18, 2023, and December 19, 2023.

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 a pay schedule 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
No

ALTERNATIVES
None.

NEXT STEPS
The adopted Employee Bi-Weekly Pay Schedule shall be submitted to CalPERS and made publicly available.

ATTACHMENTS

1. Bi-Weekly Pay Schedule Effective January 1, 2024

TITLE SALARY GRID RANGE ABCDE
Accountant, Senior (PT/Extra Help) Hourly
Accounting Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Accounting Technician I NR-NS 146 2,159 $ 2,267 $ 2,381 $ 2,500 $ 2,625 $ Accounting Technician II NR-NS 167 2,378 $ 2,497 $ 2,622 $ 2,753 $ 2,891 $ Accounting Technician III NR-NS 188 2,622 $ 2,753 $ 2,891 $ 3,035 $ 3,187 $ Administrative Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Administrative Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Administrative Assistant I NR-NS 147 2,169 $ 2,278 $ 2,392 $ 2,511 $ 2,637 $ Administrative Assistant II NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Animal Control Manager SPOA-NS 212 2,906 $ 3,052 $ 3,204 $ 3,364 $ 3,533 $ Animal Control Officer SPOA-NS 155 2,230 $ 2,342 $ 2,459 $ 2,582 $ 2,711 $ Animal Control Services Worker NR-NS 70 1,534 $ 1,611 $ 1,691 $ 1,776 $ 1,865 $ Budget Analyst I NR-NS 209 2,893 $ 3,037 $ 3,189 $ 3,349 $ 3,516 $ Budget Analyst II NR-NS 261 3,696 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ Building Inspector I NR-NS 232 3,223 $ 3,384 $ 3,553 $ 3,731 $ 3,917 $ Building Inspector II NR-NS 253 3,559 $ 3,737 $ 3,923 $ 4,119 $ 4,325 $ Building Inspector Supervisor NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Building Official DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Business Development Coordinator NR-NS 277 3,989 $ 4,189 $ 4,398 $ 4,618 $ 4,849 $ City Clerk NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ City Engineer NR-NS 365 6,091 $ 6,395 $ 6,715 $ 7,051 $ 7,403 $ City Manager Contract 8,910 $
City Manager, Deputy Contract 8,477 $
Code Enforcement Officer I NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Code Enforcement Officer II NR-NS 202 2,799 $ 2,939 $ 3,086 $ 3,241 $ 3,403 $ Community Engagement Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Economic Development Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Education Partnership Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Education Partnership - Library and Learning Center Manage NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Education Partnership - Teacher (PT) - Tier I Hourly 39.69 $ Education Partnership - Teacher (PT) - Tier II Hourly 42.76 $ Education Partnership - Tutor I (PT) - Tier I Hourly 17.34 $ Education Partnership - Tutor I (PT) - Tier II Hourly 18.68 $ Education Partnership - Tutor II (PT) - Tier I Hourly 20.17 $ Education Partnership - Tutor II (PT) - Tier II Hourly 21.73 $ Engineer I NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Engineer II NR-NS 243 3,394 $ 3,563 $ 3,742 $ 3,929 $ 4,125 $ Equipment Operator SEIU 137 2,189 $ 2,299 $ 2,414 $ 2,534 $ 2,661 $ Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Finance Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ GIS Specialist I NR-NS 186 2,597 $ 2,727 $ 2,863 $ 3,007 $ 3,157 $ GIS Specialist II NR-NS 207 2,866 $ 3,009 $ 3,159 $ 3,317 $ 3,483 $ Human Resources Analyst I NR-NS 162 2,325 $ 2,441 $ 2,563 $ 2,691 $ 2,826 $ Human Resources Analyst II NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Human Resources Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Information Technology Analyst NR-NS 265 3,767 $ 3,956 $ 4,154 $ 4,361 $ 4,579 $ Information Technology Manager NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Information Technology Manager, Assistant NR-NS 293 4,306 $ 4,521 $ 4,747 $ 4,985 $ 5,234 $ Information Technology Specialist I NR-NS 199 2,760 $ 2,898 $ 3,043 $ 3,196 $ 3,355 $ CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 1/1/2024 - Revised 12/8/2023 - Adopted 1/16/2024) $50.00 - $85.00 DOE

TITLE SALARY GRID RANGE ABCDE
CITY OF SHAFTER EMPLOYEE BIWEEKLY PAY SCHEDULE (Effective 1/1/2024 - Revised 12/8/2023 - Adopted 1/16/2024) Information Technology Specialist II NR-NS 238 3,315 $ 3,481 $ 3,655 $ 3,837 $ 4,029 $ Intern* - Tier I Hourly 16.00 $
Intern* - Tier II Hourly 17.24 $
Mechanic SEIU 157 2,399 $ 2,519 $ 2,645 $ 2,777 $ 2,916 $ Permit Technician NR-NS 183 2,562 $ 2,690 $ 2,824 $ 2,966 $ 3,114 $ Planner, Associate NR-NS 205 2,839 $ 2,981 $ 3,130 $ 3,286 $ 3,450 $ Planner, Senior NR-NS 281 4,066 $ 4,269 $ 4,482 $ 4,707 $ 4,942 $ Planning Director NR-NS 306 4,583 $ 4,812 $ 5,053 $ 5,305 $ 5,571 $ Police Captain NR-S 344 5,809 $ 6,100 $ 6,405 $ 6,725 $ 7,061 $ Police Chief DIR-S 384 6,865 $ 7,209 $ 7,569 $ 7,948 $ 8,345 $ Police Chief, Assistant NR-S 352 6,038 $ 6,340 $ 6,657 $ 6,990 $ 7,340 $ Police Dispatch Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Dispatcher SPOA-NS 154 2,220 $ 2,331 $ 2,448 $ 2,570 $ 2,699 $ Police Lieutenant NR-S 306 4,838 $ 5,080 $ 5,334 $ 5,601 $ 5,881 $ Police Officer SPOA-S 205 3,024 $ 3,176 $ 3,334 $ 3,501 $ 3,676 $ Police Officer Cadet - Tier I Hourly 25.50 $
Police Officer Cadet - Tier II Hourly 27.48 $
Police Officer, Senior SPOA-S 226 3,338 $ 3,504 $ 3,680 $ 3,864 $ 4,057 $ Police Records Supervisor NR-NS 228 3,162 $ 3,320 $ 3,486 $ 3,660 $ 3,843 $ Police Records Technician NR-NS 163 2,336 $ 2,452 $ 2,575 $ 2,704 $ 2,839 $ Police Property & Evidence Technician NR-NS 204 2,825 $ 2,966 $ 3,115 $ 3,271 $ 3,434 $ Police Sergeant SPOA-S 262 3,957 $ 4,155 $ 4,363 $ 4,581 $ 4,810 $ Public Facilities Manager NR-NS 212 2,933 $ 3,080 $ 3,234 $ 3,396 $ 3,565 $ Public Works Director DIR-NS 384 6,503 $ 6,828 $ 7,170 $ 7,529 $ 7,905 $ Public Works Director, Assistant NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Director, Deputy NR-NS 363 6,032 $ 6,334 $ 6,651 $ 6,983 $ 7,332 $ Public Works Inspector NR-NS 208 2,879 $ 3,023 $ 3,174 $ 3,333 $ 3,500 $ Public Works Manager NR-NS 340 5,397 $ 5,667 $ 5,951 $ 6,248 $ 6,561 $ Service Crew Member I SEIU 106 1,901 $ 1,996 $ 2,096 $ 2,201 $ 2,311 $ Service Crew Member II SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Service Crew Member, Senior SEIU 172 2,572 $ 2,700 $ 2,835 $ 2,977 $ 3,126 $ Transit Driver (FT) NR-NS 83 1,625 $ 1,706 $ 1,791 $ 1,881 $ 1,975 $ Transit Driver (PT) - Tier I Hourly 18.33 $
Tranist Driver (PT) - Tier II Hourly 19.75 $
Transit Driver, Lead NR-NS 116 1,884 $ 1,978 $ 2,077 $ 2,181 $ 2,290 $ Utility Billing Clerk (PT/Extra Help) - Tier I Hourly 22.60 $ Utility Billing Clerk (PT/Extra Help) - Tier II Hourly 24.35 $ Utility Operator I SEIU 140 2,220 $ 2,331 $ 2,447 $ 2,569 $ 2,698 $ Utility Operator II SEIU 173 2,584 $ 2,713 $ 2,848 $ 2,991 $ 3,140 $ Utility Technician SEIU 205 2,999 $ 3,149 $ 3,306 $ 3,471 $ 3,645 $ The numbers on this schedule are rounded to the nearest dollar and may vary slightly from actual payroll calculations due to rounding. *Interns are paid at the California Minimum Wage

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: January 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AWARD A PROFESSIONAL SERVICES CONTRACT TO TETER, INC. IN AN AMOUNT UP TO $350,000 FOR ARCHITECTURAL

AND ENGINEERING DESIGN SERVICES FOR THE POLICE

SUBSTATION AND CITY OFFICES

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve a professional service agreement with TETER, Inc. in an amount up to $350,000.00 for Architectural and Engineering Design Services for the Police Substation and City Offices; and authorize the City Manager to execute said agreement.

BACKGROUND
In 2022, the City of Shafter successfully secured a six-million dollar ($6M) grant appropriation from the State of California to construct a City of Shafter Police Substation at Gossamer Grove. Since that time, the City contracted with TETER, Inc. to develop conceptual layouts for a joint site to include a Police Substation with attached Community facilities and a new Kern County Fire Station. While schematic site plans included the fire station to ensure adequate space was reserved, the City's responsibility is only to construct the Police Substation.

ANALYSIS
With the assistance of TETER, Inc., and in coordination with the Kern County Fire Department, a final schematic layout for the site was completed. Given their familiarity with the project, the City requested that TETER, Inc. provide a cost proposal to develop Architectural and Engineering plans for site improvements and building plans that the City could bid out individually. TETER, Inc. is proposing to complete the building plans and specifications to a level that will allow the City to bid the building to a modular building company for final design and construction.

TETER, Inc. provided a cost proposal of $326,450.00 to complete the Architectural and Engineering plans. Their cost also includes bidding and construction administration support services to assist with technical questions that may arise. A project budget of $350,000 is recommended to cover the submitted proposal and allow for any contingencies that might arise during the design process.

AWARD A PROFESSIONAL SERVICES CONTRACT TO TETER, INC. IN AN AMOUNT UP TO $350,000 FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE POLICE

SUBSTATION AND CITY OFFICES
- 2 -
Staff has determined that the proposal can be awarded on a sole source basis in that it complies with Section 2.68.270 - Supplies, equipment and contractual services - Exceptions.

FISCAL IMPACT
This project is funded by a state budget appropriation grant of $6,000,000 that has already been transferred to the City of Shafter. No budget action is necessary.

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
Staff can seek additional proposals from other Architectural firms for a more competitive process. However, TETER, Inc. already has a working knowledge of the project and critical components because of their involvement with the schematic layout phase, and bringing in a new consultant to the project will likely result in delays to the process. Staff does not recommend alternative action.

NEXT STEPS
Staff will issue a professional services contract to TETER, Inc., and begin drafting Architectural and Engineering plans for the project. Staff estimates that the design process will take 3-5 months.

ATTACHMENTS

1. TETER, Inc. - Cost Proposal - PD Substation

Proposal for Professional Services Project No.: 23-12529.01

Corporate 7535 N. Palm Ave. #201, Fresno, CA 93711 | 559.437.0887 T | 559.438.7554 F | teterae.com December 20, 2023
Attention: Mr. Gabriel Gonzalez
City Manager, City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Subject: Police Substation and City Offices
Gossamer Gove Blvd and Forest Village Drive
TETER Project No. 22-12529.01
Dear Mr. Gonzalez,
TETER, Inc. is pleased to submit this Proposal for Professional Services to City of Shafter in connection with the proposed Police Substation and Satellite City Offices. The fee proposal, in conjunction with our contractual agreement, is based upon TETER providing architectural and engineering services associated with the design and development of Documents for the Bidding and procurement of the proposed project in Shafter, California.

Project Description
An approximately 8,650 SF Modular Police Substation and City Offices to be located in Shafter, California to be used as a new substation and City offices for a rapidly growing area of the city. The new building will be located on a previously undeveloped site, fronting Forest Village Drive, a new street yet to be named, and adjacent to a new and expanding residential neighborhood. The preliminary space need analysis identified a building of +/- 8,376 SF, which through design layouts has increased slightly. Services provided by TETER shall include architectural, mechanical, plumbing, and electrical design to provide bridging documents for bidding by modular building companies. The site surrounding this building will also be developed. Civil engineering for site improvements including grading, drainage, and utilities for public bid will be part of this proposal. Structural and electrical engineering for the site will also be included.

Scope of Services
Based on the above description, TETER’s proposed scope of work is as follows:

Schematic Design
Utilizing the Client approved architectural program, proceed with developing the schematic design of the Police Substation and City Offices for Owner review and approval. Schematic Design documents shall include the following:

1. Civil Schematic Design Drawings for the site improvements (By Galloway) a. Site improvement plans
b. Grading and Drainage Plans
c. Utility plans

2. Architectural Schematic Design drawings (By TETER)
a. Site Plan
b. Floor Plans
c. Elevations
d. Draft Door and Finish Schedules

3. Mechanical Schematic Design Drawings (By TETER)
a. Heating, Ventilating, and Air Conditioning

Proposal for Professional Services Project No.: 23-12529.01

Corporate 7535 N. Palm Ave. #201, Fresno, CA 93711 | 559.437.0887 T | 559.438.7554 F | teterae.com

4. Plumbing Schematic Design Drawings
a. Plumbing plans

5. Electrical Schematic Design Drawings (Building) (By TETER) a. Power and Signal Plan
b. Lighting plan

6. Electrical Schematic Design Drawings (Site) (By TETER) a. Electrical Site Plan
Design Development
The architect shall enter the approved schematic design site plan, floor plan, and exterior elevations into scaled CAD or Revit files and shall commence with the development of design development drawings/documents that fix and describe the size and character of the project as to Structural, Plumbing, Mechanical and Electrical systems and materials as necessary. The following scope of work will be provided with the instruments of service furnished via drawings or separate documents. These documents will be used to develop the Modular Building Public Bid Documents and the construction documents for the Site Improvements Public Bid.

1. Civil Design Development Drawings (Site) (By Galloway) a. Site improvement plans
b. Grading and Drainage Plans
c. Utility plans

2. Architectural Design Development Drawings (By TETER) a. Site Plan
b. Floor Plans
c. Elevations
d. Draft Door and Finish Schedules

3. Mechanical Design Development Drawings (By TETER)
a. Heating, Ventilating, and Air Conditioning

4. Plumbing Design Development Drawings (By TETER)
a. Plumbing plans

5. Electrical Design Drawings (Building) (By TETER)
a. Electrical Plans
b. Power and Signal Plan
c. Lighting plan

6. Electrical Design Development (Site) (By TETER)
a. Site power and lighting
b. EV Charging Systems
Construction Documents
Upon approval of the Design Development documents, the architect shall oversee the development of construction documents for the Site Improvements submittal to and approval by the authority having jurisdiction (AHJ). The construction documents will be developed in sufficient detail to enable the Owner/General Contractor to obtain building permits and provide necessary guidance for site construction. The construction documents shall fix and describe the size and character of the site improvements as to the Civil systems. The following scope of work will be provided during the instruments of service furnished via drawings, specifications, and/or separate documents:

1. Civil Construction Documents (By Galloway)
a. Site improvement plans
b. Grading and Drainage Plans
c. Utility plans

Proposal for Professional Services Project No.: 23-12529.01

Corporate 7535 N. Palm Ave. #201, Fresno, CA 93711 | 559.437.0887 T | 559.438.7554 F | teterae.com d. Details and Specifications

2. Architectural Construction Documents (By TETER)
a. Site Plan
b. Details and Specifications

3. Structural Engineering
a. Site perimeter walls and trash enclosure.

4. Electrical Construction Documents (By TETER)
a. Site Lighting
b. Site power and EV Charging Power

5. City Plan Review process for Site Improvements
Bidding and Negotiation (BD)
Two Separate bid packages will be developed from the drawings sets indicated in the preceding phases:

1. Modular Building Bridging Bid Documents will be developed from the Design Development documents described in the preceding phase. These documents will provide the general character of the building, building systems, including mechanical, plumbing, and electrical, and material specifications. It is anticipated that these documents will be used by the successful Modular Building for development of Construction Documents by the Modular builder for construction.

2. Public Bid Construction Documents for the Site improvements developed from the Construction Documents described in the preceding phase. These documents will be prepared for public bidding for the project site improvements including grading, drainage, and utilities, and architectural details, including site accessibility. It is anticipated that these documents will be used for the construction by an awarded contractor of the site improvements.

3. Services provided during the Bidding and Negotiation phase will include:
a. Issue bid documents to Modular/General Contractor for bidding process. b. Respond to Contractor requests for information (RFI) associated with TETER scope of services during bidding.
c. Provide supplemental instructions, addendums, and clarifications as necessary.

4. Provide Review of Modular Building drawings to ensure compliance with overall design intent prior to AHJ submittal.

Construction Administration (CA) services:

1. Respond to Contractor RFIs during the course of construction.

2. Review the process submittals and shop drawings from Contractor.

3. Provide periodic site observations during the course of construction. Other disciplines shall visit the site and provide observation reports at key milestone points during the construction process.

4. Perform construction “punch list” services at the end of the project.

5. Review as-built drawings submitted by Contractor.

6. Transfer the contractor-supplied as-built drawings into CAD record drawings.

Deliverables
TETER shall prepare Modular Building Bid Documents consisting of the following bridging documents:

1. Cover Sheet 9. Reflected Ceiling Plan

2. Specifications Notebook 10. Schedules

3. Accessibility Details 11. Casework Elevations

4. Site Plan 12. HVAC Plans & Schedules

Proposal for Professional Services Project No.: 23-12529.01

Corporate 7535 N. Palm Ave. #201, Fresno, CA 93711 | 559.437.0887 T | 559.438.7554 F | teterae.com

5. Floor Plan 13. Plumbing plans & Schedules

6. Exterior Elevations 14. Electrical Power Plans

7. Building Sections 15. Electrical Lighting Plans

8. Roof Plans 16. Electrical Panel Schedules and
Single Line
TETER shall prepare Site Improvements Construction Documents consisting of the following:

1. Cover Sheet 6. Civil Grading and Drainage Plans

2. Specifications Notebook 7. Civil Utility Plans

3. Accessibility Details

4. Architectural Site Plan

5. Structural Calcs for site Features

8. Civil Details

9. Electrical Site Plan

10. Site Lighting Plan

11. Site Power Plan
Deliverable documents shall be formatted as follows:

1. One (1) set in .pdf format, emailed or otherwise electronically transmitted.

2. Three (3) stamped and signed hard copies of the drawings and two (2) sets of calculations (stamped and signed) for Civil plan check submittal process.

3. Specifications shall be in book form.

Schedule
Schedule shall be established as mutually agreed upon by Client and Architect upon commencement of the project.

Proposed Fees
In consideration for the services listed above, Client shall compensate TETER a fixed fee of $326,450 (Three Hundred Twenty-Six Thousand Four Hundred Fifty).

Time and Materials (hourly) fees are based on the attached Hourly Rate Schedule dated December 1, 2023.

Invoices will be billed monthly, based on time expended basis. Invoices shall be payable within (30) days of the invoice date.

Reimbursable Expenses
The following expenses incurred on this project are not part of the contract total and will be billed separately:

1. Reproductions, plans, reports, and documents required outside of Architect’s normal working sets and in-house progress sets shall be a reimbursable expense to be billed as they are incurred plus fifteen percent (15%) of the expenses incurred.

2. Expenses for mailing such as postage, UPS, FedEx, courier services, etc. shall be a reimbursable expense to be billed as they are incurred plus fifteen percent (15%) of the expenses incurred.

3. Mileage associated with out-of-town travel (i.e., plan agency review, etc.) will be billed in accordance with the terms outlined in TETER’s Hourly Rate Schedule dated December 1, 2023.

Proposal Expiration

1. This proposal is good for a period of up to 90 days from the date of the proposal. After 90 days, the project schedule and/or fees are subject to change.

Exclusions

Proposal for Professional Services Project No.: 23-12529.01

Corporate 7535 N. Palm Ave. #201, Fresno, CA 93711 | 559.437.0887 T | 559.438.7554 F | teterae.com The following services are not included in this proposal but may be available upon the Owner’s request at an additional fee:

1. Agency negotiations, approvals, design and documentation for handling and storage of hazardous materials and designated wastes, including but not limited to asbestos, its detection and removal.

2. Fire Sprinkler Design (Performed by Modular Builder).

3. Fire Alarm Design (Performed by Modular Builder).

4. Boundary/ALTA Surveys and Topographic Survey.

5. Soils Investigation and Report; it is assumed that a Geotechnical Report is available to TETER for design of Building Foundation.

6. Endangered Species reports or studies.

7. Opinion of Probable Construction Costs.

8. Life Cycle Cost analysis.

9. Construction scheduling.

10. Construction surveying, staking, etc.

11. Sub-surface investigations/location of proposed footings/foundation.

12. Site visits and client meetings in addition to those specified above.

13. Consultation, addenda, or redesign related to owner changes after design is approved.

14. Services associated with process or requirements of Codes or Agencies not indicated above including but not limited to California Environmental Quality Act (CEQA), California Coastal Commission Regulations, Requirements of Regional Water Quality Board, Requirements of Air Quality Management district regulations (ISR), Storm Water Pollution Prevention Program (SWPPP).

15. Site Assessments including Historical, Environmental, Archaeological and Endangered Species.

16. Street improvement design services.

17. LEED Certification Services are not included.

18. Site Use and Entitlement services including Site Plan Review, Conditional Use Permits. Variances, Zoning and Use Issues, and Lot Line Adjustments.

19. Selection/Specification/Coordination of Systems Furniture, Furnishings and Equipment.

20. All Plan Check and Permit Fees, School Fees and other fees that may be required by the Authority Having Jurisdiction.

21. Material testing and Special Inspection.

22. Costs for an acoustical consultant.

23. Services associated with the design and detailing of Data, Telecom or Security Systems. (City to provide Data, Telecom, and Security consultant.)

24. Services related to the design and implementation of future facilities, systems, and equipment which are not intended to be constructed during the Construction Phase.

25. Any other fee or service not specifically described in this proposal.

As noted above, this proposal is good for a period of up to 90 days from the date of the proposal and is of no binding effect on any party hereto unless a formal written contract is subsequently entered into. If you would like to discuss this matter further, or need additional clarification, please contact me directly at (559) 437-0887.

Sincerely,
Kevin Bohnstedt
Project Manager

HOURLY RATE SCHEDULE
December 1, 2023

ARCHITECTURE
Principal Architect $260.00/hr
Senior Architect $210.00/hr
Architect $170.00/hr

CIVIL ENGINEERING
Principal Civil Engineer $245.00/hr
Senior Civil Engineer $185.00/hr
Civil Engineer $160.00/hr

STRUCTURAL ENGINEERING
Principal Structural Engineer $270.00/hr
Senior Structural Engineer $240.00/hr
Structural Engineer $200.00/hr

MECHANICAL ENGINEERING
Principal Mechanical Engineer $255.00/hr
Senior Mechanical Engineer $225.00/hr
Mechanical Engineer $175.00/hr

ELECTRICAL ENGINEERING
Principal Electrical Engineer $275.00/hr
Senior Electrical Engineer $225.00/hr
Electrical Engineer $175.00/hr
COURT APPEARANCES | EXPERT TESTIMONY | CONSULTATION
Professional Engineer $450.00/hr
Architect $450.00/hr

CONSTRUCTION ADMINISTRATION
Senior Construction Administrator $175.00/hr
Construction Administrator $135.00/hr

PROJECT MANAGEMENT
Senior Project Manager $210.00/hr
Project Manager $175.00/hr
Job Captain $145.00/hr
Senior Administrator $140.00/hr
Administrator $115.00/hr

SUPPORT SERVICES
Systems Manager $185.00/hr
Engineer-In-Training II $140.00/hr
Engineer-In-Training I $130.00/hr
Design Professional II $120.00/hr
Design Professional I $115.00/hr
Senior Drafter $120.00/hr
Drafter $100.00/hr

REIMBURSABLE ITEMS
Mileage Current Federal Rate + 15%
Prints (11” x 17”) $0.15/sheet
Prints (24” x 32”) $1.00/sheet
Prints (24” x 36”) $1.50/sheet
Prints (30” x 42”) $2.00/sheet
Sub-Consultants Invoice + 15%
Other Direct Costs Cost + 15%