2 (1) Proponent shall comply with all applicable Federal, State, and local laws and obtain all other approvals and permits required by law from any public agencies that have jurisdiction. (2) Proponent agrees that all work relating to the Project shall conform to recognized standards of construction and the Project shall be maintained in a clean and safe manner. (3) Proponent shall install and maintain the Project in a safe and sanitary condition at the sole cost, risk, and responsibility of Proponent, including but not limited to any damages to the Project caused by Proponent’s operations, repairs, maintenance, or construction requirements. (4) Proponent shall protect the Lateral from damage caused by the Proponent, their contractors and/or agents, at all times for the duration of the Project. If, at any time during the Project, in the sole discretion of Reclamation, the structural integrity of the Lateral is compromised by any action taken by the Proponent due to the Project, Reclamation shall so notify the Proponent.
Upon receipt of such notification, the Proponent, at its sole expense, shall immediately undertake all actions necessary to protect the structural integrity of the Lateral. (5) The buried utilities associated with the Project will be placed so as to not be closer than 7’3” to Reclamation’s Lateral as shown in “Exhibit D.”
(6) Upon Reclamation’s delivery of this Letter to SWID, the Proponent shall provide a one-year warranty commencing on the date of completion of installation of the Project. The warranty shall cover and protect Reclamation’s 18” reinforced concrete Lateral including but not limited to all fittings, pipeline, and labor to repair any/all damages resulting from installation, operation and maintenance of the Project. Said warranty shall also cover any de-watering of the Lateral needed for repairs. Any repairs necessary would be at the sole discretion of SWID and could be assigned to a contractor of SWID’s choice.
(7) Proponent agrees to provide proof of insurance in the amount of $1,000,000 Personal Liability coverage for each person and $2,000,000 aggregate limit for each occurrence for bodily injury or death, and not less than $1,000,000 for property damage. Said insurance shall name Reclamation and SWID as additional insureds; provide coverage for the United States, SWID, their employees, agents, contractors, and assigns; and shall remain in effect until all construction activities on the site have been completed and approved. (8) Proponent agrees that the Project shall not impede the unrestricted flow and quality of water in Reclamation facilities.
(9) Proponent agrees that the Project shall not diminish in any manner Reclamation’s or SWID’s ability to operate and maintain Reclamation facilities, including access across and/or over the Project, in accordance with the Easements.
(10) Proponent shall hereby indemnify and hold harmless the United States, SWID, their employees, agents, contractors, and assigns from any loss or damage and from any liability on account of personal injury, property damage, or claims for personal injury or death arising out of the Proponent’s Project within the Easements.
(11) Proponent shall comply with and conform to all material respects to the enclosed design
3 plans, as entitled, “TYPICAL SECTION – TRACT 6490 – E. LOS ANGELES AVE.”, SAN JOAQUIN ENGINEERING, INC., Civil Engineering, Land Development Services, 200 New Stine Road, Suite #175, Bakersfield, CA 93309, shown in “Exhibit C,” attached hereto and incorporated herein.
(12) Proponent agrees that construction within the Easement shall comply with the most current Occupational Safety and Health Administration Standards or Reclamation Safety and Health Standards, whichever are more stringent.
(13) Following construction of the Project, Proponent shall provide Reclamation and SWID with a full set of As-Built Plans for any improvements within the Easements, reflecting as-built conditions in the form of one full-size hard copy and a clearly legible .pdf file. Said As-Built Plans shall be submitted to Reclamation and SWID within sixty (60) days of completion of the Project.
(14) Proponent agrees that any modifications to the Project within the Easements or affecting Reclamation facilities shall require prior review and written approval by Reclamation and SWID before any work is commenced.
(15) Proponent shall provide SWID with at least seventy-two (72) hours’ prior notice and shall allow a SWID representative to be present when work is being done within the Easement, or in close proximity to the Lateral.
(16) Proponent acknowledges and agrees that all improvements within the Easements must be inspected by a representative of SWID and must comply with all conditions of this Letter. (17) It shall be incumbent upon the Proponent to secure permission of the underlying fee owner(s) for approval to cross or use Reclamation’s Easements. (18) Please contact the following individuals at least 72 hours prior to initiating any Project activities within the Easements:
-Rufino Gonzales, Acting Operations Division Chief, Reclamation, at (559) 262-0357, or [email protected]; and
-Kris Lawrence, General Manager, Shafter Wasco Irrigation District, at (661) 758-5153 or [email protected]
5
EXHIBIT B
EXHIBIT C
1 United States Department of the Interior
BUREAU OF RECLAMATION
California Great-Basin
South-Central California Area Office
1243 N Street
Fresno, CA 93721
SCC-455
2.2.3.18 CVP-2707
Indexes No. 147/Unit No. 137.2-159-1
Mr. Michael James
City of Shafter Public Works Director
720 Commerce Way
Shafter, CA 93263
Subject: Letter of Non-Objection (Letter) – Installation, Operation and Maintenance of a Solar Utility Crossing – Reclamation ROW – Kern County Assessor’s Parcel Number (APN) 026-160-47-00-2 – Contract No. 14-06-200-7633 – Shafter-Wasco Irrigation District (SWID) – Shafter Public Works (Proponent) – Friant Division – Central Valley Project – LND-21-37
Mr. James:
The Bureau of Reclamation (Reclamation) was contacted, in writing by the Proponent, on December 9, 2021, about a proposal to install, operate, and maintain a buried electric power utility cable on, over and across Reclamation ROW acquired for a water distribution lateral (Lateral) located in the Shafter-Wasco Irrigation District. SWID is the non-federal entity that operates and maintains the Lateral on Reclamation’s behalf.
The Project will be located on Reclamation ROW within the Southeast Quarter (SE¼) of the Northwest Quarter (NW¼) of Section 16, Township 28S, Range 25E, MDBM, within a portion of Kern County APN 026-160-47-00-2, the project site as shown in “Exhibit A,” attached and made a part hereof.
The document acquired for the Lateral was recorded by Reclamation as: “Contract and Grant of Easement, Document No. 23038, Book 3112, Page 439, recorded in Sacramento County on April 9, 1959; Reclamation Contract No. 14-06-200-7633” (Easement), labeled as “Exhibit B,” and incorporated herein. Pursuant to Article 3 of the enclosed Easement, the underlying fee owner reserved the following rights:
“…to cultivate, occupy and use the premises for any purpose consistent with the rights and privileges above granted and which will not interfere with, or endanger any of the structures or equipment of the United States or the use thereof.”
Reclamation has determined, based upon information provided by the Proponent, and review of the design plans, that there should be no impact to the Lateral located within the Easement; provided
2 however, that the Proponent agrees, by signature below, that all Project activities comply with the following terms and conditions:
(1) Proponent shall comply with all applicable Federal, State, and local laws and obtain all other approvals and permits required by law from any public agencies that have jurisdiction. (2) Proponent agrees that all work relating to the Project shall conform to recognized standards of construction and the Project shall be maintained in a clean and safe manner. (3) Proponent shall install and maintain the Project in a safe and sanitary condition at the sole cost, risk, and responsibility of Proponent, including but not limited to any damages to the Project caused by Proponent’s operations, repairs, maintenance, or construction requirements.
(4) Proponent shall protect the Lateral from damage caused by the Proponent, their contractors and/or agents, at all times for the duration of the Project. If, at any time during the Project, in the sole discretion of Reclamation, the structural integrity of the Lateral is compromised by any action taken by the Proponent due to the Project, Reclamation shall so notify the Proponent. Upon receipt of such notification, the Proponent, at its sole expense, shall immediately undertake all actions necessary to protect the structural integrity of the Lateral. (5) Upon Reclamation’s delivery of this Letter to SWID, the Proponent shall provide a one-year warranty commencing on the date of completion of installation of the Project. The warranty shall cover and protect all Reclamation's pipelines in this Easement, including but not limited to all fittings, pipeline, and labor to repair any/all damages resulting from installation, operation and maintenance of the Project. Said warranty shall also cover any de-watering of the Lateral needed for repairs. Any repairs necessary would be at the sole discretion of SWID and could be assigned to a contractor of SWID’s choice. (6) Proponent agrees to provide proof of insurance in the amount of $1,000,000 Personal Liability coverage for each person and $2,000,000 aggregate limit for each occurrence for bodily injury or death, and not less than $1,000,000 for property damage. Said insurance shall name Reclamation and SWID as additional insureds; provide coverage for the United States, SWID, their employees, agents, contractors, and assigns; and shall remain in effect until all construction activities on the site have been completed and approved. (7) Proponent agrees that the Project shall not impede the unrestricted flow and quality of water in Reclamation facilities.
(8) Proponent agrees that the Project shall not diminish in any manner Reclamation’s or SWID’s ability to operate and maintain Reclamation facilities, including access across and/or over the Project, in accordance with the Easement.
(9) Proponent shall hereby indemnify and hold harmless the United States, SWID, their employees, agents, contractors, and assigns from any loss or damage and from any liability on account of personal injury, property damage, or claims for personal injury or death arising out of the Proponent’s Project within the Easement.
3 (10) Proponent shall comply with and conform to all material respects to the enclosed design plans, as entitled, “CITY OF SHAFTER MULTI SITE SOLAR, VETERANS PARK426.4kW STC DC COMMERICAL CARPORT SOLAR SYSTEM, 600 W. LOS ANGELES AVE, SHAFTER, CA 93263, A-C ELECTRIC COMPANY, CA LICENSE 99849, BOX 81376, 315 30TH STREET (93301), BAKERSFIELD, CA 93380-1376, DRAWING W-102, as shown in “Exhibit C,” attached and incorporated herein. (15) Proponent agrees that construction within the Easement shall comply with the most current Occupational Safety and Health Administration (OSHA) Standards or Reclamation Safety and Health Standards (RSHS), whichever are more stringent. (16) Following construction of the Project, Proponent shall provide Reclamation and SWID with a full set of As-Built Plans for any improvements within the Easement, reflecting asbuilt conditions in the form of one full-size hard copy and a clearly legible .pdf file. Said As-Built Plans shall be submitted to Reclamation and SWID within sixty (60) days of completion of the Project.
(17) Proponent agrees that any modifications to the Project within the Easement or affecting Reclamation facilities shall require prior review and written approval by Reclamation and SWID before any work is commenced.
(18) Proponent shall provide SWID with at least seventy-two (72) hours’ prior notice and shall allow a SWID representative to be present when work is being done within the Easement, or in close proximity to the Lateral.
(19) Proponent acknowledges and agrees that all improvements within the Easement must be inspected by a representative of SWID and must comply with all conditions of the LONO. (20) It shall be incumbent upon the Proponent to secure permission of the underlying fee owner(s) for approval to cross or use Reclamation’s Easement.
Please contact the following individuals at least 72 hours prior to initiating any Project activities within the Easement:
-Rufino Gonzales, Acting Operations Division Chief, Reclamation, at (559) 262-0357, or [email protected]; and
-Kris Lawrence, General Manager, Shafter Wasco Irrigation District, at (661) 758-5153 or [email protected]
4 If you have any questions regarding this matter, please feel free to contact myself or Chuck Halstead, Realty Specialist, of my staff at 559-262-0315, at TTY (800) 735-2929 for the hearing impaired, or by electronic mail at [email protected].
Sincerely,
Michael Inthavong
Chief, Land Management Division
ACCEPTED:
The City of Shafter, by signature of its authorized representative, below, agrees to all terms and conditions as provided, above.
Mr. Michael James, City of Shafter Public Works Director
Date
NOTED:
SWID, by signature of its authorized representative below, agrees to all terms and conditions as provided, above.
Bryan J. Rosales, Operations Manager
Date
5
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Marcos Torres, Deputy Public Works Director SUBJECT: REPLACE TRAFFIC SIGNAL CONTROLLER AT INTERSECTION OF LERDO HIGHWAY AND SHAFTER AVENUE (5 POINTS)
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; accept a cost proposal for replacement of a traffic signal controller and new battery backup submitted by Loop Electric in the amount of $34,875; and authorize the Public Works Director to issue an award of said proposal with a construction contract to Loop Electric for an amount not to exceed $40,000.
BACKGROUND
The current traffic signal control cabinet at the intersection of Lerdo Highway and Shafter Avenue (5 Points) is significantly outdated. This leads to timing inefficiencies and delays that can contribute to excessive traffic congestion. Public Works requested a proposal from Loop Electric to completely replace the cabinet with modern features and technology, including a battery backup system. Their proposal for completing this work is $34,875.
Public Works plans to propose similar cabinet upgrades at different intersections annually. The next upgrade planned is for the intersection of Lerdo Highway and Beech Avenue, which, depending on the status of Streets Division funding, may be brought before the Council for approval this fiscal year.
ANALYSIS
The amount proposed by Loop Electric is fair, given the scope of work. They are also the most qualified contractor for traffic signal construction within a reasonable distance of Shafter and the City's preferred contractor for traffic signal repairs and troubleshooting. An appropriate budget to complete the proposed work is $40,000 to cover the proposal plus contingencies.
FISCAL IMPACT
There is no budget action required to fund the Loop Electric proposal award. The requested budget can funded within the existing Streets operations budget.
CEQA ANALYSIS
REPLACE TRAFFIC SIGNAL CONTROLLER AT INTERSECTION OF LERDO HIGHWAY AND SHAFTER AVENUE (5 POINTS)
- 2 -
The project is to replace an existing traffic signal control cabinet. Therefore, the project is exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines because the project replaces an existing traffic signal controller with a new one that will be located at the same site and will have substantially the same purpose and capacity as the controller to be replaced.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
The Council can reject the recommended action and direct staff to pursue more proposals to reduce replacement costs potentially. However, the logistics of having another contractor from a different area perform the work would likely offset any potential cost savings. Secondly, from past work on this traffic signal, Loop Electric would still be the most qualified to continue working on it. Therefore, alternative action is not recommended.
NEXT STEPS
Upon approval, Public Works would issue a contract and notice of award to Loop Electric.
ATTACHMENTS
1. Proposal Submitted by Loop Electric
Loop Electric Inc.
7040 Downing Avenue Bakersfield,
CA. 93308
Lic. #496032 Phone 661-588-0577 Fax 661-588-2230
February 16th, 2024
From Craig Lindsley
Bid Proposal
To: City of Shafter Attn: Kevin Gibson
Project: Lerdo Highway at Shafter Avenue – 5 Points
______________________________________________________________________________ Scope: Furnish and install new fully loaded 2070E traffic signal controller and cabinet. Furnish and install BBS System. Pricing includes all labor, material and tech work to make signal operational.
Lump Sum $34,875.00
Exclusions
1. Any permits & Fees
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Randy Milligan, Acting Chief of Police
SUBJECT: REVIEW OF ORDINANCE NO. 736 (ADOPTING MILITARY
EQUIPMENT USE POLICY AND REVIEW AND APPROVAL OF
REPORT OF UPDATED INVENTORY OF MILITARY
EQUIPMENT
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; review Ordinance No. 736, adopting a Military Equipment Use Policy, and review and approve a report of updated inventory of Military Equipment utilized by the Shafter Police Department pursuant to Assembly Bill 481 (“AB 481”).
BACKGROUND
Assembly Bill 481 (“AB 481”), codified at Government Code sections 7070 through 7075, requires the Shafter Police Department (“Department”) to obtain approval from City Council of its military equipment use policy (“Policy”) in order to continue the use of previously acquired military equipment. The term “military equipment”, as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long-range acoustic devices, and flashbangs.
The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance with Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.
On May 3, 2022, City Council approved Ordinance No. 736 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is attached hereto for your review. A requirement for continuing use the equipment authorized under the Policy is the submittal of an Annual Report to City Council, which must include the following: 1.) A summary of how the military equipment was used and purpose of its use. 2.) A summary of any complaints or concerns received concerning the military equipment. 3.) The results of any internal audits, any information about
REVIEW OF ORDINANCE NO. 736 (ADOPTING MILITARY EQUIPMENT USE POLICY AND
REVIEW AND APPROVAL OF REPORT OF UPDATED INVENTORY OF MILITARY EQUIPMENT - 2 -
violations of the military equipment use policy, and any actions taken in response. 4.) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report. 5.) The quantity possessed for each type of military equipment. 6.) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Shafter Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report. The Department has utilized inventoried equipment for over twenty years, which has enabled officers to train, serve and protect the citizens of Shafter.
ANALYSIS
Law enforcement incidents can be unpredictable and complex. In order to de-escalate tense situations at times, special equipment, tools or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident and officers and increase the likelihood of a positive outcome. These tools have been tested in the field and are used to help enhance citizen safety, officer safety and reduce the need for escalation of force. They are commonly utilized by law enforcement and their use is considered best practice. The Shafter Police Department has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.
The Shafter Police Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
Ordinance No. 736 and the adopted AB 481 Policy provide for safeguards for the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, and seek approval prior to additional military equipment.
FISCAL IMPACT
The cost of the current equipment is presently funded and included in the Fiscal Year budget for 2024. The Police Department anticipates making a budget request to allow for the purchase of one drone in 2024; if purchased, this drone will be reflected in the next year’s reporting pursuant to AB 481.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the approval and submittal of updated inventory of military
REVIEW OF ORDINANCE NO. 736 (ADOPTING MILITARY EQUIPMENT USE POLICY AND
REVIEW AND APPROVAL OF REPORT OF UPDATED INVENTORY OF MILITARY EQUIPMENT - 3 -
equipment as required by law and therefore, it is an organizational and administrative activity that will not result in direct or indirect physical changes to the environment and is accordingly not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
After the City Council reviews Ordinance No. 736 and the updated inventory of the Military Equipment Use Policy, they can decide not to renew the ordinance or approve the submission of this annual report. In that case, the Shafter Police Department will no longer be allowed to utilize the specified equipment listed in the Shafter Police Department Military Equipment Inventory. The equipment will be disposed of accordingly by May 1, 2024. Therefore, staff does not recommend this alternative.
NEXT STEPS
If City Council votes to review Ordinance 736 and approve the annual report, staff will continue the use of the previously acquired equipment after May 1, 2024. Updates will continue to be provided to the City Council annually, as required by AB 481.
ATTACHMENTS
1. 2024 Annual Military Equipment Report PDF
2. Shafter Police Department Military Equipment Inventory PDF
3. Shafter PD Policy 710
4. Ordinance 736 Adopting Military Equipment Use Policy in Accordance with Assembly Bill 481
CITY OF SHAFTER
2024 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Shafter Police Department hereby submits for City Council review and approval the following annual military equipment report.
1. A summary of how the military equipment was used and the purpose of its use.
All military equipment owned by the Department, which is detailed in Exhibit A to the Department’s Military Equipment Use Policy, was used exclusively for the purposes designated by that Policy. In general, those purposes include use of specialized firearms to be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible; use of noise flash diversionary devices to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of projectile launch platforms and associated munitions to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; and use of beanbag rounds and less lethal shotguns to limit conflict escalation and use of lethal force. In 2023, the only equipment used by the Department was Category 1 of Exhibit A, “Rifles.” All officers received standard quarterly qualifications.
2. A summary of any complaints or concerns received concerning the military equipment.
The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
There were no violations of the Policy, and accordingly, no audits or actions took place in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
Costs associated with military equipment in 2023 included the use of associated ammunition, and qualifications and training for the officers (including overtime costs).
These costs were accounted for in the City’s 2023 budget.
5. The quantity possessed for each type of military equipment.
The quantity for each type of military equipment, is listed in Exhibit A to the Military Equipment Use Policy, available on the City’s website and in person at the Department.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Department does plan to start up a Drone Program in 2024 and purchase 1 (one) Drone. This will be presented to the City Council at the appropriate time with APRA funds to fund the purchase.
EXHIBIT “A”
MILITARY EQUIPMENT INVENTORY
1. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:
Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance.
Colt LE 6920‐5.56mm Patrol use, Quantity: 5, Cost: $870.46 per unit Colt LE 6920‐5.56mm Patrol use, Quantity: 23, Cost: $870.45 per unit Colt A3‐5.56mm Patrol use, Quantity: 5, Cost: $870.45 per unit Remington Model 700 Bolt Action Rifle, Quantity: 1, Cost: Donated Ammunition: The Winchester USA .223R1, 55 grain cartridge is the primary training ammunition for the department. The Winchester .223 55 grain Ballistic Silvertip cartridge is the primary duty ammunition deployed during potential lethal encounters.
Winchester USA 223 R1 Ammunition .223 55 grain full metal jacket, Quantity: Approx. 8,140 rounds, Cost: $369 per 500 round case.
Winchester .223 55 grain Ballistic Silvertip, Quantity: Approx. 2,500 rounds, Cost: $227 per 200 round case.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 313)
d. Lifespan
Rifle – 15 years
Ammunition – Until expended
e. Fiscal Impact
Rifle annual maintenance ‐ Approximately $50 for each rifle.
Winchester USA 223R1 Ammunition – Annual cost $0‐$2,000 Winchester .223 55 grain Ballistic Silvertip Ammunition – Annual cost $0‐$3,000
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
Use is established under Policy 313 of the Shafter Police Department. It is the policy of the Shafter Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
2. Noise Flash Diversionary Devices (Equipment Category 12) a. Description, quantity, capabilities, and purchase cost:
Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high‐risk arrest situations.
Combined Tactical System, 7290 Low Roll Distraction Device, cost: Acquired from the MCCF closure, quantity: 14. A non‐bursting, non‐fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high‐risk arrest situations b. Purpose
To produce atmospheric over‐pressure and brilliant white light and, as a result, can cause short‐term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall be used:
1. By officers who have been trained in their proper use.
2. In hostage and barricaded subject situations.
3. In high‐risk warrant (search/arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements
4. During other high‐risk situations where their use would enhance officer safety.
5. During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual cost.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
It is the policy of the Department to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
3. Tear Gas (Equipment Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost Various Quantities of Chemical agent munitions, which are commonly referred to as “Tear gas,” are used by the Department as a nonlethal tool to disperse rioting suspects and on barricaded suspects per Department Policy and applicable law. The Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de‐regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2‐5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
Shafter Police Inventory:
Defense Technology (#1030) Flameless Tri‐Chamber OC ‐10 Defense Technology (#1056) Aerosol OC Vapor ‐ 16
Defense Technology 40 mm Muzzle Blast OC ‐ 18
Defense Technology (#1063) SAF‐Smoke White ‐ 3
Combined Tactical Systems (#5210) White Smoke ‐ 1
Defense Technology (#1090) Stinger Handball ‐ 120
Defense Technology (#1027) Triple‐Chaser SAF‐Smoke ‐ 5
Defense Technology (#1095) OC Stinger Handball ‐ 10
Defense Technology (#1040) Instantaneous Blast OC – 9
Combined Tactical Systems (#5420) Lauchable Flameless Expulsion CN ‐ 5 b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self‐destructive, dangerous and or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing dates
f. Fiscal Impact
No annual cost.
g. Legal and Procedural Rules
It is the policy of the Department to utilize chemical agents for official law enforcement purposes, and pursuant to State and Federal Law, including the Department’s Use of Force Policy.
4. Projectile Launch platforms and associated munitions (Equipment Category 14) a. Description, quantity, capabilities, and purchase cost:
40 MM Launchers and Rounds: 40MM LMT Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.
LEWIS MACHINE & TOOL CO., 40 MM MULTI‐SHOT LAUNCHER, cost: Acquired by Shafter Modified Community Correctional Facility (“MCCF”) closure, quantity: 2. The 40MM Multi‐Shot launcher is a tactical Multi‐Shot launcher.
DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT LAUNCHER, cost: Acquired by MCCF closure, quantity: 5. The 40MM Single Launcher is a tactical single shot launcher.
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: Acquired by MCCF closure, quantity: 115. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self‐destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal instructors. e. Lifespan
20‐25 years.
f. Fiscal Impact
No annual cost.
g. Legal and Procedural Rules
It is the policy of the Shafter Police Department to utilize the 40mm for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
5. Bean Bag (Equipment Category 14)
a. Description, quantity, capabilities, and purchase cost:
Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal Safariland 12‐gauge Drag #3027 Stabilized Beanbag Round.
REMINGTON LESS‐LETHAL SHOTGUN, cost: Acquired from the MCCF Closure, quantity:
11. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal Safariland 12‐gauge Drag #3027 Stabilized Beanbag Round. The Safariland Beanbag Round can be used up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De‐escalation.
12‐GAUGE Safariland BEANBAG ROUND, cost: $5 each, quantity: 85. A less lethal 2.4‐ inch 12‐gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270‐290 feet per second (FPS). Safariland Beanbag rounds are discharged from a dedicated 12‐gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
1. Self‐destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Lifespan
No expiration date
e. Fiscal Impact
Safariland Beanbag Round – Annual cost $300
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in‐ service training.
a. Legal and Procedural Rules
It is the policy of the department to utilize the less lethal shotgun for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the Department’s Use of Force Policy.
Policy
710
Shafter Police Department
Shafter PD Policy Manual
Military Equipment Use Policy
710.1 PURPOSE AND SCOPE
The purpose of this policy "Policy" is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481"). (California Government Code § 7070; et seq.)
710.1.1 DEFINITIONS
Definitions related to this Policy include those provided in Government Code7070, and as follows:
Governing body – City of Shafter City Council ("City Council").
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected ("MRAP") vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles ("HMMWV"), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council to require additional oversight.
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Military Equipment Use Policy
710.2 POLICY
It is the Policy of the Shafter Police Department ("Department") that members of this Department comply with the provisions of AB 481 with respect to funding, acquisition and use of military equipment.
710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shalldesignate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting and
2. Preparing for public questions regarding the Department'sfunding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website. (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying military equipment for the Department is attached to this Policy as Exhibit "A" and incorporated into the Policy by this reference.
See attachment: SHAFTER POLICE MILITARY EQUIPMENT INVENTORY Revised 2023.pdf 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the policy is submitted to the City Counciland is available on the Department website at least thirty (30) days prior to any public hearing concerning the Policy. The Policy must be approved by the City Council prior to engaging in any of the following:
(a) Requesting military equipment made available pursuant to 10 USC § 2576(a).
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Military Equipment Use Policy
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any other member this Department shall be approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Shafter, or otherwise engaged in law enforcement operations in the City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 710.7 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations and, or actions. 710.8 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee will submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in Department inventory. 710.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Military Equipment Use Policy
710.10 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
1. Via email to: ([email protected])
2. Via phone call to: (661) 746-8500
3. Via mail sent to:
Shafter Police Department
Attn: Military Equipment Use Coordinator
201 Central Valley Highway
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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ORDINANCE NO. 736
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA ADOPTING A MILITARY EQUIPMENT USE POLICY,IN
ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 202I, Governor Newsom signed into law Assembly Bill 48") 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and,
ilHEREAS, AB 481 requires adoption of a military use equipment policy (" Policy") by the City Council before the Shafter Police Department (" Department") may take action to request military equipment; seek funds ( such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency' s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and,
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and,
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and,
ilHEREAS, this Ordinance will be reviewed by City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SHAFTER DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.
SECTION 2. Findings. Pursuant to Government Code section 7071(dxl), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public' s welfare, safety, civil rights, and civil liberties.
Shafter City Council Ordinance 736
Ilu4ay 3,2022
Page2
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3. Adoption of the Military Equipment Policy. The City Council hereby adopts the Military Equipment Use Policy, which are all attached hereto as Exhibit' 04".
SECTION 4. CEQA Determination. The City Council finds that this ordinance is not subject to the requirements of the California Environmental Quality Act, pursuant to Guidelines) Section 15060(c)(2) & ( 3) as there is no potential for physical changes to the environment as this ordinance implements a military use equipment policy in accordance with AB 481.
SECTION 5. Publication. This ordinance shall be published as provided in Government Code section36933.
SECTION 6. Severability. If any section, subsection, subdivisio\ paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, palagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivisioî, paragtaph, sentence, clause or phrase be declared unconstitutional.
SECTION 7. Effective Date. This Ordinance shall be effective upon the commencement of the thirty-first ( 3 I st) day following the adoption date.
PASSED AND ADOPTED this 3'd day of May, 2022.
Cathy Mayor
ATTEST:
Pallares, City Clerk
APPROVED AS TO FORM:
P-* A * V-ã
Marc\ Martinez, Ciþ attoþey
Shafter City Council Ordinance 736
May 3,2022
Exhibit " A"
Insert AB 481 Policy]
Policy
710
Shafter Police Department
Shafter PD Policy Manual
Military Equipment Use Policy
710.1 PURPOSE AND SCOPE
The purpose of this policy "Policy" is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481"). ( California Government Code $ 7070; et seq.)
710.1.1 DEFtNtTtONS
Definitions related to this Policy include those provided in Government Code7070, and as follows:
Governing body - City of Shafter City Council (" City Council").
Military equipment - lncludes but is not limited to the following:
Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine-resistant ambush- protected (' MRAP') vehicles or armored personnel carriers.
High mobility multipurpose wheeled vehicles (' HMMWV"), two-and- one- half{on trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants.
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one- person ram.
Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard- issue shotgun ammunition.
Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard- issue firearms.
Any firearm or firearm accessory that is designed to launch explosive projectiles.
Noise-flash diversionary devices and explosive breaching tools.
Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.
TASER@ Shockwave, microwave weapons, water cannons, and long-range acoustic devices ( LRADS).
Kinetic energy weapons and munitions.
Any other equipment as determined by the City Council to require additional oversight.
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DRAFTrd. tc Military Equipment Use Policy - 1
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Military Equipmenf Use Policy
710.2 POLTCY
It is the Policy of the Shafter Police Department (" Department") that members of this Department comply with the provisions of AB 481 with respect to funding, acquisition and use of military equipment.
710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shalldesignate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a) Acting as liaison to the City Council for matters related to the requirements of this Policy.
b) ldentifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting and
2. Preparing for public questions regarding the Department' sfunding, acquisition, and use of military equipment.
Ð Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website. g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying military equipment for the Department is attached to this Policy as Exhibit " 4" and incorporated into the Policy by this reference.
See attachment: SHAFTER POLICE MILITARY EQUIPMENT INVENTORY. pdf 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the policy is submitted to the City Counciland is available on the Department website at least thirty ( 30) days prior to any public hearing concerning the Policy. The Policy must be approved by the City Council prior to engaging in any of the following:
a) Requesting military equipment made available pursuant to 10 USC S 2576(a).
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Shafter PD Policy Manual
Military Equipmenf Use Policy
b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any other member this Department shall be approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Shafter, or otherwise engaged in law enforcement operations in the City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 710.7 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations and, or actions. 710,8 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee will submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072for the preceding calendar year for each type of military equipment in Department inventory. 710.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Military Equipmenf Use Policy
710.10 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this policy by any of the following means:
1. Via email to: ( RMILLIGAN@SHAFTER. COM)
2.Via phone callto: (661) 746-8500
3. Via mail sent to:
Shafter Police Department
Attn: Military Equipment Use Coordinator
201 Central Valley Highway
The Department is committed to responding to complaints, concerns and/ or questions received through any of the above methods in a timely manner.
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Military Equipment Use Policy - 4
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Attachments
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Attachment
Shafter PD Policy Manual
SHAFTER POLICE MILITARY
EQU IPMENT INVENTORY. pdf
Copyright
Published
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6Lex¡INVENTORY. pdf -
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EXH¡ BIT,,A'
MILITARY EQU IPMENT INVENTORY
t. Specialized Firearms and Ammunition ( Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:
Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance.
Colt LE 6920- 5.56mm Patrol use, Quantity: 23, Cost: 5SzO.¿S per un¡t Colt A3- 5.56mm Patrol use, Quantity: 5, Cost: SAzO.+ S per unit Remington Model 700 Bolt Action Rifle, Quantity: L, Cost: Donated Ammunition: The Winchester USA . 223R7, 55 grain cartridge is the primary training ammunition for the department. The Winchester . 223 55 grain Ballistic Silvertip cartridge is the primary duty ammunition deployed during potential lethal encounters.
Winchester USA 223 R1 Ammunition . 223 55 grain full metaljacket, Quantity: Approx. 20,500 rounds, Cost: 5369 per 500 round case.
Winchester . 223 55 grain Ballistic Silvertip, Quantity: Approx. 3,300 rounds, Cost: 5227 per 200 round case.
b. Purpose
To be used as precision weapons to address a threat with more precision and/ or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 313)
d. Lifespan
Rifle - 15 years
Ammunition - Until expended
e. Fiscal lmpact
Rifle annual maintenance - Approximately S50 for each rifle.
Winchester USA 223R1 Ammunition - Annual cost S0-S2,000 Winchester . 223 55 grain Ballistic Silvertip Ammunition - Annual cost S0-S3,000 f. Training
Priorto using a rifle, officers must be cert¡f¡ed by POST ¡nstructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
C. Legal and Procedural Rules
Use is established under Policv 313 of the Shafter Police Department. lt is the policy of the Shafter Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use offorce.
2. Noise Flash Diversionary Devices ( Equipment Category 12) a. Description, quantity, capabilities, and purchase cost:
Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
Combined Tactical System, 7290 Low Roll Distraction Device, cost: Acquired from the MCCF closure, quantity: 16. A non-bursting, non-fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. ldeal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high- risk arrest situations b. Purpose
To produce atmospheric over- pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/ psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall be used:
1. By officers who have been trained in their proper use.
2. ln hostage and barricaded subject situations.
3. ln high- risk warrant ( search/ arrest) services where there may be extreme hazards to officers or there is no response from suspects from announcements
4. During other high-risk situations where their use would enhance officer safety.
5. During training exercises.
d. Lifespan
Until used.
e. Fiscal lmpact
No annual cost.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
It is the policy of the Department to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
3. Tear Gas ( Equipment Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
Description, quantity, capabilities, and purchase cost Various Quantities of Chemical agent munitions, which are commonly referred to as "Tear gas," are used by the Department as a nonlethaltool to disperse rioting suspects and on barricaded suspects per Department Policy and applicable law. The Department uses chemical agents which are used by law enforcement across the United States: CS ( 2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator ( irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de- regulated in California in 1996, is endorsed bythe FBl, and is available to civilians to legally possess ( 2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes ( open in 2-5 m¡nutes) and respiratory inflammation ( subsides in approximately 2 minutes).
Shafter Police Inventory:
Defense Technology (# 1030) Flameless Tri- Chamber OC - 10 Defense Technology Direct lmpact Marking round - 15
Defense Technology (# 1056) Aerosol OC Vapor - 16
Defense Technology 40 mm Muzzle Blast OC - 18
Defense Technology (# L063) SAF-Smoke White - 5
Combined TacticalSystems (# 521. 0)White Smoke - 2
Defense Technology (# 1090) Stinger Handball - 142
Defense Technology (# t}27l Triple- Chaser SAF-Smoke - 7 Defense Technology (# 1095) OC Stinger Handball - 22
Defense Technology (# 1040) lnstantaneous Blast OC - 9
Combined Tactical Systems (# 5420) Lauchable Flameless Expulsion CN - 5 b. Purpose
a
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable Situations for use of the less lethalweapon systems may include but are not limited to:
i. Self-destructive, dangerous and or combative individuals. ii. Riot/crowd control and civil unrest incidents,
iii. C¡rcumstances where a tact¡cal advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.
d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemica I agent instructors.
e. Lifespan
5 years from manufacturing dates
f. Fiscal lmpact
No annual cost,
g. Legal and Procedural Rules
It is the policy of the Department to utilize chemical agents for official law enforcement purposes, and pursuant to State and Federal Law, including the Department' s Use of Force Policy.
4. Projectile Launch platforms and associated munitions ( Equipment Category 14) a. Description, quantity, capabilities, and purchase cost:
40 MM Launchers and Rounds:40MM LMT Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds,
LEWIS MACHINE & TOOL CO., 40 MM MULTI- SHOT LAUNCHER, cost: Acquired by Shafter Modified Community Correctional Facility (" MCCF") closure, quantity: 2. The 40MM Mult¡- Shot launcher is a tactical Multi- Shot launcher.
DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT LAUNCHER, cost: Acquired by MCCF closure, quantity: 5. The 40MM Single Launcher is a tactical single shot launcher.
DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, # 6325, cost: Acquired by MCCF closure, quantity: 115. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher w¡th a rifled barrel. The 40mm Exact lmpact Sponge Round provides accurate and effective performance when fired from the approved distance. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesira ble.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
1. Self- destructive, dangerous and/or combative individuals.
2. Riot/ crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal instructors. e. Lifespan
20-25 years.
f. Fiscal lmpact
No annual cost.
g. Legal and Procedural Rules
It ¡s the policy of the Shafter Police Department to utilize the 40mm for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
5. Bean Bag ( Equipment Category 14)
a. Description, quantity, capabilities, and purchase cost:
less Lethal Shotgun: Less Lethal Shotgun is used to deploythe less lethal Safariland 12-gauge Drag # 3027 Stabilized Bea n bag Round.
REMINGTON LESS- LETHAL SHOTGUN, cost; Acquired from the MCCF Closure, quantity:
11. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal Safariland 12-gauge Drag # 3027 Stabilized Beanbag Round. The Safariland Beanbag Round can be used up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- esca lation.
l2-GAUGE Safariland BEANBAG ROUND, cost: 55 each, quantity: 95. A less lethal 2.4- inch 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 27O-290 feet per second ( FPS). Safariland Beanbag rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
1. Self-destructive, dangerous and/or combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Lifespan
No expiration date
e. Fiscal lmpact
Safariland Beanbag Round - Annual cost 5300
f. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by inservice training. a. Legal and Procedural Rules
It is the policy of the department to utilize the less lethal shotgun for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the Department' s Use of Force Policy.
CERTIFICATE OF GOVERNING BODY' S ACTION
STATE OF CALIFORNIA
COUNTY OF KERN
I, Yazmina Pallares, City Clerk of the City of Shafter, Califomia, DO HEREBY CERTIFY THAT the foregoing Ordinance No. 736, had its first reading on April 19, 2022, and had its second reading on May 3,2022, and was passed by the following vote:
ss.
AYES:
NOES:
ABSENT:
ABSTAINING:
Dated
SEAL
Alvarado, Espinoza, Givens, Lopez, and Prout.
None.
None.
None.
IÙlay 3,2022
Pallares, City Clerk
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Ravi Pudipeddi, City Engineer
SUBJECT: AUTHORIZE NOTICE OF COMPLETION AND ACCEPTANCE OF WORK FOR TRACT 7319 PHASE 2
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; accept the public improvements constructed for Tract 7319 Phase 2; authorize the City Engineer to file a Notice of Completion and Acceptance of work for the tract; and authorize the reduction of performance bond securities to 25% of their original value to act as a warranty bond for a minimum of one year.
BACKGROUND
Lennar Homes of California (Lennar) has completed the required public improvements for Tract 7319 Phase 2, located within the Gossamer Grove development. Completed improvements include earthwork, water, sewer, and storm drain facilities, curbs & gutters, medians, perimeter walls, street paving, street lighting, sidewalks, landscaping, and underground utilities, including the City fiber optic. Oildale Mutual Water Company has provided the City of Shafter with documentation stating the potable and irrigation water systems are acceptable and ready for public use. All other improvements have been completed per the plans and approved by the Public Works Department.
Lennar previously filed performance bonds with the City to cover 100% of the proposed construction costs of the public improvements for Tract 7319 Phase 2. The bonds, included in a Subdivision Improvement Agreement between Lennar and the City, ensure faithful performance in constructing the public improvements. Upon the City Engineer's recommendation, the bond amount can be reduced to 25% of the proposed construction costs as public improvements are accepted by the Council.
ANALYSIS
Retaining 25% of the bond coverage would serve as a warranty for the improvements for up to one year. During the warranty period, Lennar will complete repairs and address construction deficiencies at no cost to the City. The City will assume responsibility for the applicable improvements after the warranty period.
AUTHORIZE NOTICE OF COMPLETION AND ACCEPTANCE OF WORK FOR TRACT 7319 PHASE 2 - 2 -
FISCAL IMPACT
No budget action is required. Future operating and maintenance budgets will be adjusted to ensure adequate funding once the City assumes responsibility for the public improvements.
CEQA ANALYSIS
The proposed activity is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(b)(5) of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
There are no alternatives to the recommended action. With the project complete and constructed per the approved plans, public improvements should be accepted by the Council.
NEXT STEPS
Upon Council authorization, the City Engineer will execute and file a Notice of Completion & Acceptance of Work for recordation, plus authorize a reduction in the performance bond amount to cover warranty work for Tract 7319 Phase 2.
ATTACHMENTS
1. TR 7319 PH 2 - Recorded 06 22 2021
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AWARD REPLACEMENT OF ONE (1) A.C. UNIT AT CITY HALL IN AN AMOUNT UP TO $15,000 TO EMCOR SERVICES
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; accept proposal received for the replacement of an AC unit at City Hall; and authorize the Deputy Public Works Director to issue a Notice of Award and Notice to Proceed to EMCOR Services for said project for a contract amount up to $15,000.
BACKGROUND
Last year, the City entered into an agreement with EMCOR Services (EMCOR) to service and inspect HVAC systems at multiple City buildings. Routine inspections allow EMCOR to identify repair items beyond routine maintenance and submit proposals for costs to provide the necessary repairs. One HVAC unit at the City Services wing of City Hall has been malfunctioning for several months and routine troubleshooting and remedies have not resolved the issues. City staff and EMCOR representatives have concluded that the most appropriate action is to replace the HVAC unit entirely, knowing that it is over 20 years old and the summer months are ahead. A quote was later submitted by EMCOR that estimates $12,752.51 to remove and install a new HVAC unit. An additional cost of $1725.37 would include labor and materials for improving airflow within the Building Department.
ANALYSIS
The amount proposed by EMCOR is reasonable and consistent with past work they have performed, including two other units at City Hall. A project budget of $15,000 would cover their current proposal.
FISCAL IMPACT
No budget action is required. The current operating budget can cover the required $15,000 to cover the proposed replacement.
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 proposal to replace an AC unit at City Hall and
AWARD REPLACEMENT OF ONE (1) A.C. UNIT AT CITY HALL IN AN AMOUNT UP TO $15,000
TO EMCOR SERVICES
- 2 -
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
City staff and EMCOR representatives have determined that past and future remedies for the malfunctioning HVAC unit will not restore adequate airflow and temperatures at the City Services wing of City Hall. A replacement is the only recommended action.
NEXT STEPS
Staff will issue a notice of award and notice to proceed to EMCOR Services and proceed with installation of new HVAC unit as quickly as possible.
ATTACHMENTS
1. EMCOR Services - City Hall AC Replacement Proposal
1822 NORRIS RD BAKERSFIELD, CA 93308 (661)-335-1500 LICENSE #611215 (B, C-4, C-10, C-20, C 36, C38)
March 21, 2024
City of Shafter
336 Pacific Ave.
Shafter, California 93263
Dear Ken,
Mesa Energy Systems, Inc., (dba EMCOR Services Mesa Energy) is pleased to submit the following scope of replacement of 3.5 Roof top heat pump unit at 336 Pacific Shafter Ca. 93263. All work to be accomplished during normal business hours unless otherwise noted in the scope of work below.
Scope of Work
1) Remove Existing 3.5ton roof top package unit 208-230 single phase and dispose per EPA regulations. 2) Provide and install (1) New 3.5 Ton Bosch 20 SEER packaged heat pump on new angle iron stand per city/county code.
3) Properly tie into the existing electrical with new disconnect and fuses per city/county code. 4) Properly tie into existing condensate with new PVC fittings and pipe per city/county code 5) Start-up, test, and calibrate new systems according to manufacturer’s recommendations to ensure optimal system operation.
6) New equipment comes with a factory 1-year parts warranty and 5-year compressor warranty. 7) Emcor to Provide an additional 1 Year labor & refrigerant Warranty. 8) Provide working permits and required forms.
Exclusions
• Materials or scope not specifically indicated above is excluded. • All work to be performed during normal business hours.
Payment Terms: The above price is the cash price and has been discounted by 3%. Should CUSTOMER choose to pay via credit card, CUSTOMER shall forego the cash discount and the price for the above work shall increase 3%. Should Customer choose to fiancé project, the price for the above work shall increase 8.5% Payment is due upon completion unless otherwise stated in the agreement.
1822 NORRIS RD BAKERSFIELD, CA 93308 (661)-335-1500 LICENSE #611215 (B, C-4, C-10, C-20, C 36, C38)
Bosch 20 SEER all electric heat pump……………………………………………………….$15,940.51 Minus contract customer discount…………………………………………………….……….-$3,188.00 Total……………………………………………………………………………………………….$12,752.51
Additional: to add new return duct for office add……………………………………………….$1,725.37 Warranty: One (1) year on parts and labor warranty from the date of delivery unless the manufacturer's warranty is for a shorter period in which case the shorter period will apply. Contractor warrants parts and equipment not manufactured by it only to the extent that Contractor is able to enforce liability against the manufacturer. Warranty excluded on existing system components, permits and engineering.
Subsequently if it is determined that repairs are necessary during the warranty period (or time) in order to maintain the proper operation of the equipment, it is the customer’s responsibility to ensure that those recommendations are completed in a timely manner otherwise the warranty will be void. The above referenced price will be held firm for a period of thirty (30) days from the date of this proposal.
Please contact me at 661-477-0681 or email me at [email protected] should you have any questions or would like additional information on how EMCOR Services / Mesa Energy Systems, Inc. may serve you.
Customer Acceptance:
Sincerely,
Signature:
Ryan Wheeler Print Name:
Account Manager
Mesa Energy Systems, Inc. Title
Date:
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AUTHORIZE FORMAL BIDDING FOR ZERKER ROAD
RECONSTRUCTION PROJECT - PHASE III
RECOMMENDATION
Council find the requested action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the construction plans and contract documents for ST00039.24 - Zerker Rd. Reconstruction Project - Phase III; and authorize the release of said project for formal bid purposes.
BACKGROUND
The City Engineer has approved a bid set of construction plans and contract documents to reconstruct a 2800' portion of Zerker Rd. beginning just south of the JS Ag Facility and heading south to the tie-off point of the previously completed Phase II project. The project includes a full pavement reconstruction that consists of grinding and removing the existing road section and reconstructing a new road base section and asphalt concrete layer.
ANALYSIS
The project construction estimate is $750,000, which, per the City's bidding and procurement policy, requires that it conduct formal procedures authorized by the Council. The timing of these procedures should allow for construction to be completed during the summer months when weather issues are not a concern.
FISCAL IMPACT
The project is included in an updated version of the Capital Improvement Program (CIP) as Project No. ST00039.24, listed for completion in Fiscal Year 2024-2025.
Provided the Council adopts the CIP and Fiscal Year 2024-2025 before July 1, 2024, bid results and a project award will likely be presented to the Council for consideration contingent on funds budgeted. Because formal bid procedures will be conducted by staff and not require direct costs, no budget action is required at this time.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is authorize formal bid procedures and therefore, it is the creation of governmental funding mechanism that does not involve any commitment to
AUTHORIZE FORMAL BIDDING FOR ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III - 2 -
a specific project that can result in a potentially significant impact and not subject to CEQA. A separate CEQA analysis will be provided to the Council prior to recommending a construction contract award.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
This project is the designated RMRA project for fiscal year 2023-2024 and was approved for submittal via a resolution. No alternative action is recommended.
NEXT STEPS
Upon council authorization, a formal bid process will be conducted. The council can expect bid result and an award recommendation as early as June.
ATTACHMENTS
1. Zerker Road Reconstruction Project - Phase III
KEY MAP - NO SCALE
PLANS FOR THE CONSTRUCTION OF
ZERKER ROAD
RECONSTRUCTION PROJECT
PHASE III 7th STANDARD ROAD
NTS
GENERAL NOTES:
1. THESE PLANS ARE TO BE USED IN CONJUNCTION WITH THE
CORRESPONDING CITY OF SHAFTER SPECIFICATIONS AT THE DATE OF BID.
2. IT IS THE INTENTION THAT THE PLANS, SPECIFICATIONS, AND BIDDING DOCUMENTS COINCIDE AND AGREE IN ALL PARTICULARS. IF ANY
MATTER OR THING BE SHOWN IN ONE AND NOT IN THE OTHER IT SHALL BE OF THE SAME FORCE AND AFFECT AS IF INCORPORATED IN BOTH;
AND ALL THINGS MUST BE DONE BY THE CONTRACTOR WHICH MAY BE SHOWN IN EITHER.
3. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE
RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF
CONSTRUCTION OF THIS PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS;
THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE
OWNER, ENGINEER, AND THE CITY OF SHAFTER HARMLESS FROM ANY
AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE
PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING THE LIABILITY
ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER/ENGINEER/CITY OF SHAFTER.
4. ALL EXISTING PUBLIC & PRIVATE IMPROVEMENTS AND UTILITIES, (STREET, PAVING, CURB, GUTTER, SIDEWALK, CROSS GUTTER, FENCING,
IRRIGATION STRUCTURES, CANALS, PRIVATE ROADS, PIPELINES, SWALES, ETC.) THAT ARE REMOVED, DAMAGED OR UNDERCUT SHALL BE REPAIRED OR REPLACED AS DIRECTED BY THE CITY ENGINEER. ALL
EXISTING PAVING AND SURFACING REMOVED, DAMAGED OR UNDERCUT SHALL BE REPLACED IN ACCORDANCE PER THE CITY ENGINEER.
IRRIGATION STRUCTURES SHALL BE RETURNED TO A FULLY
OPERATIONAL CONDITION BY THE END OF THE DAY FOR EACH DAY OF WORK.
5. PRIOR TO THE START OF ANY PROJECT OF CONSTRUCTION THE CITY OF SHAFTER SHALL BE GIVEN 24 HOURS NOTICE (PHONE: (661) 746-5002). 24 HOUR NOTICE REQUIRED FOR TESTING AND INSPECTION.
6. THE UTILITY LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND FOR INFORMATION PURPOSES ONLY. UNDERGROUND SERVICE ALERT (USA) SHALL BE NOTIFIED AT LEAST 2 WORKING DAYS BEFORE
CONSTRUCTION IN ANY GIVEN AREA. TELEPHONE (800) 642-2444.
7. UNDERGROUND FACILITIES KNOWN TO EXIST ARE SHOWN ON THE PLANS BASED ON AVAILABLE RECORDS. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR VERIFICATION, LOCATION, PROTECTION, AND REPAIR (IF DAMAGED DURING CONSTRUCTION) OF SAID FACILITIES. SHOULD
UNDERGROUND FACILITIES BE ENCOUNTERED WHICH ARE NOT SHOWN
ON THE PLANS OR DEVIATE FROM THE LOCATION SHOWN, THE
CONTRACTOR SHALL PROMPTLY NOTIFY THE OWNER OF THAT FACILITY (IF APPROPRIATE) AND THE ENGINEER FOR POSSIBLE DESIGN CHAN GES.
8. CITY STANDARDS: CITY SUBDIVISION ENGINEERING AND DESIGN STANDARDS ARE AVAILABLE ONLINE AT WWW.SHAFTER.COM OR FROM THE CITY ENGINEERING OFFICE.
BENCHMARK: CITY OF SHAFTER BENCHMARK #03 LOCATED APPROXIMATELY
0.50 MILES EAST OF THE CENTERLINE INTERSECTION OF ZACHARY AVENUE AND SEVENTH STANDARD ROAD, BRASS CAP STAMPED "KERN COUNTY SURVEYOR, CL STATION 133+02.92, 11-03-10" PROTECTED BY A HAND ACCESS ENCASEMENT.
ELEV = 352.95 (NAVD 88 DATUM), REVISED 2022
COORDINATE SYSTEM: COORDINATE SYSTEM IS NAD83, CALIFORNIA ZONE V.
COORDINATES SHOWN ARE FOR SURVEYING AND ARCHIVING PURPOSES ONLY.
BIDDERS / CONTRACTORS ATTENTION IS DIRECTED TO THE GENERAL
CONDITIONS, SPECIAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR THIS PROJECT.
SHEET
S01
01 OF 7 FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263 ZACHARY AVENUE
BENCHMARK ZERKER ROAD RECONSTRUCTION PROJECT PHASE III COVER SHEET
LIST OF DRAWINGS
SHEET S01 COVER SHEET
SHEET S03
SHEET S04
SHEET S05
SHEET S06
SHEET S07
RECONSTRUCTION PLAN - STA 177+00 TO 187+00
DETAILS
STRIPING PLAN - STA 168+00 TO 187+00 ZERKER ROADCALLOWAY CANAL FRIANT KERN CANAL STATE HWY 99 / UP RxR SITE OF WORK
RECONSTRUCTION PLAN - STA 187+00 TO 196+00
WONDERFUL
INDUSTRIAL
PARK
GOSSAMER
GROVE
ENGINEER'S ESTIMATE OF MATERIALS
HOT MIX ASPHALT, 3/4" PG 64-10 3,200 TONS
CLASS II AGGREGATE BASE 3,900 CY
FULL DEPTH GRIND AND REMOVE SECTION 105,000 SF
SUBGRADE COMPACTION 105,000 SF
FOG SEAL 100,500 SF
RUMBLE STRIP 4,764 LF
ADJUST MONUMENT COVERS TO GRADE (SMALL) 1 EA
TRAFFIC CONTROL 1 LS
TRAFFIC STRIPING 1 LS
PERMIT AND INSPECTION FEE ALLOWANCE 1 LS
REPLACE FO BOX 1 EA
MOBILIZATION 1 LS
STRIPING PLAN - STA 187+00 TO 202+00
SHEET S02 RECONSTRUCTION PLAN - STA 168+00 TO 177+00
LERDO HIGHWAY
SANTA FE WAY
GARLIC
CO.
GAF
GRIMMWAY
MON
395
400
405
410
415
420
395
400
405
410
415
420
166+00 167+00 168+00 168+66169+00 170+00 171+00 172+00 173+00 174+00 175+00 176+00 177+00 166+00 167+00 168+00 168+66169+00 170+00 171+00 172+00 173+00 174+00 175+00 176+00 177+00 LEGEND ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III RECONSTRUCTION PLAN STA 168+00 - STA 177+00
ZERKER ROAD
STA 168+00 TO 177+00 0 20' 40' 80'
SHEET
S02
02 OF 7 FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263
ALL STATIONING IS ALONG CONSTRUCTION CENTERLINE AND PROPOSED CROWN AGRICULTURE AHORIZONTAL SCALE: 1"=40'
VERTICAL SCALE: 1"=4' A- ZERKER ROAD SECTION 1- SHOULDER DETAIL SCALE: 1" = 40'
AGRICULTURE
AGRICULTURE
AGRICULTURE ACCESS ROAD MATCH LINE STA 177+00 SEE SHEET S03 ACCESS ROAD 2022 ZERKER ROAD
RECONSTRUCTION PROJECT THIS PROJECT
THIS PROJECT B- B- TIE IN DETAIL
2022 ZERKER ROAD
RECONSTRUCTION PROJECT
400
405
410
415
420
425
400
405
410
415
420
425
177+00 178+00 179+00 180+00 181+00 182+00 183+00 183+71184+00 185+00 186+00 187+00 177+00 178+00 179+00 180+00 181+00 182+00 183+00 183+71184+00 185+00 186+00 187+00 LEGEND ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III RECONSTRUCTION PLAN STA 177+00 - STA 187+00
ZERKER ROAD
STA 177+00 TO 187+00 0 20' 40' 80'
SHEET
S03
03 OF 7 FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263
ALL STATIONING IS ALONG CONSTRUCTION CENTERLINE AND PROPOSED CROWN AGRICULTURE AHORIZONTAL SCALE: 1"=40'
VERTICAL SCALE: 1"=4' A- ZERKER ROAD SECTION 1- SHOULDER DETAIL SCALE: 1" = 40'
AGRICULTURE
AGRICULTURE
AGRICULTURE
MATCH LINE STA 187+00 SEE SHEET S04 ACCESS ROAD UNION PACIFIC RxR SR99 ROW MATCH LINE STA 177+00 SEE SHEET S02 GARLIC CO ENTRANCE
405
410
415
420
425
430
405
410
415
420
425
430
187+00 188+00 188+83189+00 190+00 191+00 192+00 193+00 194+00 195+00 196+00 197+00 198+00 187+00 188+00 188+83189+00 190+00 191+00 192+00 193+00 194+00 195+00 196+00 197+00 198+00 LEGEND ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III RECONSTRUCTION PLAN STA 187+00 - STA 196+00
ZERKER ROAD
STA 187+00 TO 196+00
0 20' 40' 80'
MATCH LINE STA 187+00 SEE SHEET S03
THIS PROJECT FUTURE PROJECT
SHEET
S04
04 OF 7 FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263
ALL STATIONING IS ALONG CONSTRUCTION CENTERLINE AND PROPOSED CROWN A
-
HORIZONTAL SCALE: 1"=40'
VERTICAL SCALE: 1"=4'
A
- ZERKER ROAD SECTION 1- SHOULDER DETAIL
SCALE: 1" = 40'
AGRICULTURE
UNION PACIFIC RxR
VACANT COMMERCIAL/INDUSTRIAL VACANT COMMERCIAL/INDUSTRIAL
ACCESS ROAD
PM 12165, LOT 5
VACANT COMMERCIAL/INDUSTRIAL
THIS PROJECT FUTURE PROJECT
NEW KAPITTEL CT
500± FT
ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III DETAILS
SHEET
OF FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263 S05
05 7
MON ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III STRIPING PLAN STA 168+00 - 187+00
ZERKER ROAD
STA 168+00 TO 187+00
SHEET
OF FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263 ALL STATIONING IS ALONG CONSTRUCTION CENTERLINE AND PROPOSED CROWN MATCH LINE STA 179+00 SEE BOTTOM LEFT ACCESS ROAD S06
06 7 0 20' 40' 80'
SCALE: 1" = 40'
AGRICULTURE
AGRICULTURE
AGRICULTURE
AGRICULTURE ACCESS ROAD
2022 ZERKER ROAD
RECONSTRUCTION THIS PROJECT
AGRICULTURE MATCH LINE AGRICULTURE STA 179+00 SEE TOP RIGHT GARLIC COMPANY ENTRANCE 0 20' 40' 80' SCALE: 1" = 40'
UNION PACIFIC RXR
STATE HWY 99
AGRICULTURE ACCESS ROAD MATCH LINE STA 187+00 SEE SHEET S07 STRIPING / RUMBLE STRIP NOTES:
1. ZERKER ROAD SHALL BE RESTRIPED BETWEEN START (STA 168+00) & INTERSECTION WITH NEW KAPITTEL CT. (STA 201+17).
ZERKER ROAD RECONSTRUCTION PROJECT - PHASE III STRIPING PLAN STA 187+00 - 202+00
ZERKER ROAD
STA 187+00 TO 202+00
SHEET
OF FOR BID ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 336 Pacific Avenue Shafter, CA 93263
ALL STATIONING IS ALONG CONSTRUCTION CENTERLINE AND PROPOSED CROWN STRIPING / RUMBLE STRIP NOTES:
1. ZERKER ROAD SHALL BE RESTRIPED BETWEEN START (STA 168+00) & INTERSECTION WITH NEW KAPITTEL CT. (STA 201+17).
S07
07 7 MATCH LINE STA 196+00 SEE BOTTOM LEFT 0 20' 40' 80' SCALE: 1" = 40' 0 20' 40' 80'
SCALE: 1" = 40' MATCH LINE STA 196+00 SEE TOP RIGHT MATCH LINE STA 187+00 SEE SHEET S06
VACANT COMMERCIAL/INDUSTRIAL
ACCESS ROAD
PM 12165, LOT 5
VACANT COMMERCIAL/INDUSTRIAL
PM 12165, LOT 5
VACANT COMMERCIAL/INDUSTRIAL
PM 12165, LOT 1
J.S AG PRODUCTS NEW KAPITTEL CT.
VACANT COMMERCIAL/INDUSTRIAL
UNION PACIFIC RxR
UNION PACIFIC RxR
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Rachel Zermeno, Community Engagement Manager SUBJECT: A REQUEST TO MAKE A FINDING OF PUBLIC BENEFIT TO THE
COMMUNITY AT LARGE FOR RECOMMENDED EXPENDITURES
RECOMMENDATION
Council find action is not defined as a "project" per Section 15378(b)(5) of the CEQA Guidelines; therefore, not subject to CEQA; and approve that the community at large will receive a public benefit from the expenditure of funds to purchase raffle prizes when hosting raffles at upcoming community events; and authorize the purchase of raffle prizes not to exceed an amount of $200 per event.
BACKGROUND
The City of Shafter plans to attend several community events to introduce to residents new city portals, programs, and notification systems that benefit the community. The Community Engagement Department would like to be able to raffle off prizes at each event and not to exceed $200 per event and paid from the Shafter City Council Community Promotion account. This strategy is effective and will benefit the City and help boost sign-ups. For example, the City has implemented two programs: CodeRed, which will be used as an emergency notification system and for notifications such as emergencies, legal notices, agendas, job opportunities, etc. The second program is InvoiceCloud, a user-friendly program that allows customers to receive text communication to process online utility payments.
The Benefits of Hosting the Raffles will provide:
• Increased sign-ups for the City and promotion of our services • Increase engagement with the Community
• Provide an incentive by raffles
As the City continues to grow and we continue to implement software that benefits both the City and its residents, it's important for us to be able to highlight these benefits at community events, show the community support, and receive buy-in from the community on all programs that benefit residents of Shafter. By addressing and demonstrating these benefits to the public and hosting raffles to promote community engagement and sign-ups, we can build on the city serving the community's best interests.
A REQUEST TO MAKE A FINDING OF PUBLIC BENEFIT TO THE COMMUNITY AT LARGE FOR
RECOMMENDED EXPENDITURES
- 2 -
ANALYSIS
Staff is requesting that the Council make the finding of Public Benefit for the Community to use funds from the City Council Community Promotion account to purchase raffle prizes not to exceed $200 per event to encourage the community to sign up for notification and online payment programs such as CodeRed and InvoiceCloud that would be beneficial residents in the Shafter community. Staff has evaluated and determined the use of public funds is not a gift of public funds, because 1) the events will be open to the public; 2) it will positively promote the city; and 3) there is a public benefit for residents to sign up for a city-wide notification system and online billing.
FISCAL IMPACT
No budget action is required at this time. The current operating budget can cover the requested amounts.
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 the finding of public benefit to the community for the recommended expenditures and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
1. Approve Recommendation; or
2. Provide alternative direction to Staff; or
3. Take no action.
NEXT STEPS
Upon Council approval, staff will attend local community events to promote new programs available to Shafter residents. To encourage Shafter residents to sign up for new programs, staff will purchase raffle prizes at each event.
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Randy Milligan, Acting Chief of Police
SUBJECT: AUTHORIZE ONE (1) CRIME DATA ANALYST POSITION FOR
POLICE DEPARTMENT
RECOMMENDATION
Council find the action is not defined as a "project" pursuant to Section 15378(b)(4) of the CEQA Guidelines; authorize the City Manager to add a Crime Data Analyst position within the Police Department as part of the operating budget.
BACKGROUND
On March 5, 2024, the Council was presented with a Fiscal Year 2023/2024 Mid-Year Budget Update that included the Mid-year request to hire a Crime Data Analyst. Staff was directed to meet with any council member to provide additional information on this new proposed position and to bring back this item in April for Council consideration. Police department personnel met followed through as directed and now present the item for discussion and Council approval.
ANALYSIS
To support the growth and ensure the safety and security of our community, the Police Department is seeking authorization to hire the additional position:
Crime Date Analyst: A pivotal role aimed at bolstering our data-driven policing efforts.
Crime Data Analyst Position Overview:
As the Police Department evolves in response to the growing complexity and scale of urban challenges, the creation of a Crime Data Analyst position has emerged as a critical need. This position is poised to significantly enhance the operational effectiveness and service quality of our department, fostering a dynamic environment for staff development and career advancement.
Justification: The proposed Crime Data Analyst role is designed to bolster our department's capabilities in both preemptive strategies and responsive actions. The analyst will play a pivotal role in dissecting and interpreting crime data, facilitating a comprehensive understanding of criminal patterns, community concerns, traffic issues, and internal operational metrics. This will empower our team with actionable
AUTHORIZE ONE (1) CRIME DATA ANALYST POSITION FOR POLICE DEPARTMENT - 2 -
insights, driving improvements in investigation processes, patrol efficiency, crime prevention, and overall law enforcement efficacy.
Key Responsibilities: The Crime Data Analyst will be tasked with a diverse set of responsibilities, including but not limited to:
Conducting in-depth analysis of crime data, offender profiles, and community quality of life indicators.
Utilizing advanced tools such as ArcGIS Pro for spatial analysis of crime locations and Link Analysis for examining associations, especially in gang-related contexts.
Managing extensive data sets from various sources, including crime reports, records management systems, and local, state, and federal databases. Generating predictive models to forecast crime trends and advising on strategic resource allocation to address crime hot spots and emerging threats. Creating comprehensive reports, maps, bulletins, and risk assessments to support investigation, prosecution, and strategic planning efforts. Providing expert testimony in court and conducting statistical studies to optimize departmental operations, including staffing and deployment strategies.
Collaborating with external agencies to enhance information sharing and analytical practices.
Impact: By integrating this role into our department, we anticipate a marked enhancement in our investigative support, the efficiency of patrol operations, and our ability to proactively address community safety concerns. The Crime Data Analyst will serve as a cornerstone for informed decision-making, enabling a more strategic approach to crime prevention and law enforcement within our community.
Conclusion: The establishment of the Crime Data Analyst position is a strategic investment in the future of our Police Department. It aligns with our commitment to innovation, excellence in public service, and the proactive safeguarding of our community. We request the City Council's support in approving this essential role, ensuring our department remains at the forefront of modern policing practices.
FISCAL IMPACT
None at this time. Staff is only requesting the position be authorized for recruitment. However, the estimated budgetary operating cost for the position is $135,000 and will be added to the Fiscal Year 2024-2025 Budget.
CEQA ANALYSIS
The action is exempt from the California Environmental Quality Act (CEQA) because it is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines. The action is a government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant impact on the environment.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
AUTHORIZE ONE (1) CRIME DATA ANALYST POSITION FOR POLICE DEPARTMENT - 3 -
City Council may provide direction.
NEXT STEPS
Authorize position within the Police Department
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Chris Schultz, Assistant IT Manager
SUBJECT: APPROVAL OF 5-YEAR SERVICE AGREEMENT WITH
GRANICUS FOR A CITYWIDE LAND MANAGEMENT SYSTEM IN
THE AMOUNT NOT TO EXCEED $68,000
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the proposed 5-year service agreement submitted by Granicus on March 29, 2024 for the implementation of a citywide land management system (LMS); authorize the Assistant IT Manager to award a professional services agreement to Granicus for said land management system services, in the amount not to exceed $68,000.
BACKGROUND
Multiple city departments seek to replace current paper-based permitting, inspection, and code enforcement workflows with an all-digital, online software solution. The new land management system (LMS) has been researched by city staff for over a year and a complete inventory of tasks necessary for integration into the new LMS was completed in the summer of 2023.
A formal Request for Proposals was solicited to vendors in January, with a selection made in late March after multiple vendor product demonstrations and discussions. Aside from providing a more streamlined process for staff, the LMS also brings a much-needed capability to our residents and applicants - the ability to apply, pay for, and complete the application process exclusively online. This feature is an important step in ensuring that all our constituents have access to apply for and receive services from the city. With an online platform, city staff hope to minimize or eliminate walk-in traffic for the services below within one year of implementing the new system, greatly reducing counter interactions for these services.
The new system will modernize the workflows for the following application types and features:
- Building, Planning, and Engineering Permits;
- Building, Engineering, Fiber Optic, and Code Enforcement Inspections; - Code Enforcement Cases;
- Business Licensing;
- Electronic Plan Review;
APPROVAL OF 5-YEAR SERVICE AGREEMENT WITH GRANICUS FOR A CITYWIDE LAND MANAGEMENT SYSTEM IN THE AMOUNT NOT TO EXCEED $68,000
- 2 -
- Full integration into existing ERP (Munis);
- Mobile Application for Staff;
- Reporting Functionality;
- Public Website/Portal;
- Online Payments.
ANALYSIS
Implementing a new land management system is long overdue for a city of our size and with the number of permits we process each year, mostly by hand using paper applications and spreadsheets for tracking them. The estimated time-savings alone for a Permit Technician or Building Inspector can be measured in days when processing a building permit. The new system will allow a Building Inspector to calculate the fees assessed on a large property in the Wonderful Industrial Park within a matter of seconds, versus the current process that can take hours to calculate by hand.
This staff time saved will allow other tasks associated with the permitting process to be completed more efficiently, and is enough to justify the staff time needed to implement and deploy the new LMS citywide. Additionally, Engineering and Planning staff have confirmed that the ability to scan and review construction plans digitally within Granicus's SmartGov system will reduce the amount of time needed to approve utililty plans, tract maps, or encroachment plans by 50 percent or more.
A five-person evaluation committee reviewed and discussed all Requests for Proposals submitted for this project in accordance with the City's bidding and procurement policy. We received bid prices from our eight respondents ranging from $1.4M down to $15,000 for implementation services. The staff members who evaluated the Proposals all agreed that the selected vendor, Granicus, met the City's requested scope of work for the project as well as offered the services at a cost that was amenable for staff and in the desired implementation timeline. Granicus estimates that our implementation will take between 6-8 months and staff training can occur concurrently so that when the product is ready for deployment, staff is ready to support it in all departments. LMS implementation will be coordinated by the Building Department and a dedicated staff member will be necessary to ensure a smooth and complete system is developed within the timeline.
FISCAL IMPACT
City staff have identified revenue funding available to support the contract amount and length. No additional budget action is required by the City in order to proceed with the proposed implementation cost of $67,677 and future annual revenues will cover the additional annual fee associated with the 5-year contract term.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the awarding of a professional services agreement and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does
APPROVAL OF 5-YEAR SERVICE AGREEMENT WITH GRANICUS FOR A CITYWIDE LAND MANAGEMENT SYSTEM IN THE AMOUNT NOT TO EXCEED $68,000
- 3 -
not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Council can reject the recommendation and direct staff to pursue other options for this upgrade to our current permitting and inspection process. Alternative options include:
1) restricting the scope of work and submitting a new Request for Proposals to only include building permits and inspections; 2) continuing to use our pen-and-paper approach; or 3) utilizing existing citywide technology to attempt to create a similar but inferior application system. All three alternatives may meet the expectations set forth by city staff, our LMS Inventory, and process flows, but will require significantly more staff time and likely will not reduce cost. Because the City has adequate funding to support the full bid amount for the requested action, the alternative options are not recommended.
NEXT STEPS
Upon approval by Council, city staff will initiate a Notice to Proceed as well as finalize the service contract with Granicus. Both documents will be executed within 14 calendar days of the approval and Granicus will begin project implementation on or before May 1, 2024. This project is expected to take about 24 weeks to implement, with an anticipated "go live" date of January 1, 2025.
ATTACHMENTS
1. Shafter-Granicus Agreement - 2024MAR29
THIS IS NOT AN INVOICE Order Form
Prepared for
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Granicus Proposal for Shafter, CA
ORDER DETAILS
Prepared By: Brian Ondrako
Phone:
Email: [email protected]
Order #: Q-337577
Prepared On: 29 Mar 2024
Expires On: 30 Apr 2024
Currency: USD
Payment Terms:
Period of Performance:
Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
The term of the Agreement will commence on 01 May 2024 and will continue for 60 months.
ORDER TERMS
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
SmartGov Training Upon Delivery 1 Each $2,752.15
SmartGov Custom Implementation Upon Delivery 1 Each $0.00 BlueBeam Connector Configuration Upon Delivery 1 Each $1,425.00 Laserfiche Connector Configuration Upon Delivery 1 Each $2,968.75 Financial Export Connector Configuration Upon Delivery 1 Each $2,375.00 Existing Merchant Connector Configuration Upon Delivery 1 Each $1,425.00 Project Management - SmartGov Upon Delivery 1 Each $5,610.23 Custom Reports Upon Delivery 1 Each $475.00
Map Connector Configuration Upon Delivery 1 Each $1,187.50 Parcel Connector Configuration Upon Delivery 1 Each $2,968.75 Portal Configuration Upon Delivery 1 Each $1,187.50
Fees Configuration (Pages) Upon Delivery 18 Each $9,080.10 General Config Upon Delivery 1 Each $2,375.00
Workflow template customization Upon Delivery 1 Each $11,933.90 SUBTOTAL: $45,763.88
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
New Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
SmartGov - Enterprise 01 Aug 2024 -
30 Apr 2025 Annual 1 Each $25,208.11 $18,906.08
SmartGov Code Enforcement 01 Aug 2024 -
30 Apr 2025 Annual 1 Each $0.00 $0.00
SmartGov Licensing 01 Aug 2024 -
30 Apr 2025 Annual 1 Each $0.00 $0.00
SmartGov Permitting 01 Aug 2024 -
30 Apr 2025 Annual 1 Each $0.00 $0.00
SmartGov Connector
BlueBeam
01 Aug 2024 -
30 Apr 2025 Annual 1 Each $1,022.27 $766.70
SmartGov Connector ECMLaserfiche
01 Aug 2024 -
30 Apr 2025 Annual 1 Each $1,022.27 $766.70
SmartGov Connector Financial 01 Aug 2024 -
30 Apr 2025 Annual 1 Each $1,022.27 $766.70
SmartGov Connector
Merchant
01 Aug 2024 -
30 Apr 2025 Annual 1 Each $1,022.27 $766.70
SUBTOTAL: $29,297.19 $21,972.88
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
FUTURE YEAR PRICING
Period of Performance
Solution(s)
Year 2 Year 3 Year 4 Year 5
SmartGov - Enterprise $25,964.35 $26,743.28 $27,545.58 $28,371.95 SmartGov Code Enforcement $0.00 $0.00 $0.00 $0.00
SmartGov Licensing $0.00 $0.00 $0.00 $0.00
SmartGov Permitting $0.00 $0.00 $0.00 $0.00
SmartGov Connector
BlueBeam $1,052.93 $1,084.52 $1,117.06 $1,150.57
SmartGov Connector ECMLaserfiche $1,052.93 $1,084.52 $1,117.06 $1,150.57 SmartGov Connector Financial $1,052.93 $1,084.52 $1,117.06 $1,150.57 SmartGov Connector Merchant $1,052.93 $1,084.52 $1,117.06 $1,150.57 SUBTOTAL: $30,176.07 $31,081.36 $32,013.82 $32,974.23
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
PRODUCT DESCRIPTIONS
Solution Description
SmartGov - Enterprise Annual subscription to SmartGov software for: Permitting, Licensing, and Code Enforcement. Subscription includes the Public Portal.
SmartGov Training Basic training will include up to two (2) hours of User Acceptance Training to prepare primary users for Validation, focused on navigation and testing best practices. Go-Live training will span a one (1) week period, provided in three (3) hour sessions to meet Subscriber needs, not to exceed four (4) sessions. Once the team has been trained on all utilized sections of the software, the training is complete.
SmartGov Code Enforcement Annual subscription for SmartGov Code Enforcement Module for managing service requests and complaints.
SmartGov Licensing ÊAnnual subscription for SmartGov Licensing Module for contractor registration, rental registration, business licensing.
SmartGov Permitting ÊAnnual subscription for SmartGov Permitting Module for building and planning permits, inspections, and contacts.
SmartGov Connector
BlueBeam
The SmartGov Bluebeam connector provides the ability to check out documents for plan review and markup using the subscriberÕs Bluebeam subscription. Bluebeam Studio_is the repository for Bluebeam Projects and Sessions. Only one_license/subscription is required for each jurisdiction. It_is available in the following editions:_ Bluebeam Studio Prime_(Compatible with_SmartGov) Ð Cloud-based (allows third party integrations with the Bluebeam Studio API), additional Bluebeam cost_ Bluebeam Studio_(Not Compatible with_SmartGov) Ð Cloud-based, included with the Bluebeam Revu user license at no additional Bluebeam cost_ Bluebeam Studio Enterprise_(Not Compatible with_SmartGov)_Ð On-Premises__ Bluebeam Revu is the client-side software that provides the tools necessary to review and mark up documents._This software must be installed on each client computer that will be used to perform review and mark up tasks._Revu is available in the following editions:_ Revu Standard (Compatible with_SmartGov) Ð Standard tool set_ Revu CAD_(Compatible with_SmartGov)_Ð Includes_all of_the standard tools, along with plugins for 2D and 3D PDF creation_ Revu_eXtreme_(Compatible with_SmartGov)_Ð Includes_all of_the standard tools and CAD plugins, with additional features like Optical Character Recognition (OCR) and batch processes._ The Revu user license includes access to Bluebeam Studio, but Bluebeam Studio is not sufficient for integration with_SmartGov. Each_SmartGov_user that will be checking projects in and out of Bluebeam or performing review and mark up tasks must also be a member of the Bluebeam Studio Prime account._
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
SmartGov Connector ECMLaserficheLaserfiche connector allows file attachments in SmartGov to be stored within Laserfiche, an ECM (Enterprise Content Management) system. The Laserfiche integration was built in compliance with CMIS (Content Management Interoperability Services) standards. Subscriber must have the Laserfiche CMIS Gateway, version 10 or higher, installed and configured for the desired repository and be able to provide a browser binding URL that SmartGov can reach from the cloud. The service and subscription for this connector does NOT include a subscription to Laserfiche or training on how to install or use the Laserfiche software.
SmartGov Connector Financial The SmartGov Financial Connector outputs a financial extract with a predetermined format which may be written to the customer's FTP site, if desired, to facilitate automated external processing of the file. The customer may request the use of an alternate delimiter if a comma is not acceptable. The financial extract job may be run on demand or scheduled to run on a consistent basis (e.g., daily, weekly, monthly, etc.).
Companion reports designed for reconciliation and extract verification are also available.
SmartGov Connector Merchant Connection to one merchant in the back office and/or portal from a list of available options. Subscriber remains responsible for the relationship with the provider.
SmartGov Custom
Implementation
SmartGov Configuration based on implementation options selected.
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
BlueBeam Connector
Configuration
Assist Subscriber in configuring Bluebeam connection._ Testing connection with Subscriber. Training provided on SmartGov check-out and check-in process only. The service and subscription for this connector does NOT include a subscription to Bluebeam or training on how to install or use the Bluebeam software. Subscriber is responsible for providing an active subscription to Bluebeam Studio Prime with REVU 21 to use the SmartGov Bluebeam Connector. Each user that will be checking permits out to Bluebeam from SmartGov or accessing the submittal documents from SmartGov for review in Bluebeam will need to be a member of the Studio Prime account. Bluebeam Software is comprised of a_document management_component, known as Studio, and a client-side application, Revu. Each component has three (3) editions with various features._ Bluebeam Studio_is the repository for Bluebeam Projects and Sessions. Only one_license/subscription is required for each jurisdiction. It_is available in the following editions:_ Bluebeam Studio Prime_(Compatible with_SmartGov) Ð Cloud-based (allows third party integrations with the Bluebeam Studio API), additional Bluebeam cost_ Bluebeam Studio_(Not Compatible with_SmartGov) Ð Cloud-based, included with the Bluebeam Revu user license at no additional Bluebeam cost_ Bluebeam Studio Enterprise_(Not Compatible with_SmartGov)_Ð On-Premises__ Bluebeam Revu is the client-side software that provides the tools necessary to review and mark up documents._This software must be installed on each client computer that will be used to perform review and mark up tasks._Revu is available in the following editions:_ Revu Standard (Compatible with_SmartGov) Ð Standard tool set_ Revu CAD_(Compatible with_SmartGov)_Ð Includes_all of_the standard tools, along with plugins for 2D and 3D PDF creation_ Revu_eXtreme_(Compatible with_SmartGov)_Ð Includes_all of_the standard tools and CAD plugins, with additional features like Optical Character Recognition (OCR) and batch processes._ The Revu user license includes access to Bluebeam Studio, but Bluebeam Studio is not sufficient for integration with_SmartGov. Each_SmartGov_user that will be checking projects in and out of Bluebeam or performing review and mark up tasks must also be a member of the Bluebeam Studio Prime account._
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
Laserfiche Connector
Configuration
This connector allows file attachments in SmartGov to be stored within an ECM (Enterprise Content Management) system. The Laserfiche integration was built in compliance with CMIS (Content Management Interoperability Services) standards. Subscriber must have the Laserfiche CMIS Gateway, version 10 or higher, installed and configured for the desired repository and be able to provide a browser binding URL that SmartGov can reach from the cloud. The service and subscription for this connector does NOT include a subscription to Laserfiche or training on how to install or use the Laserfiche software. There are three Secured Functions that control access to the Laserfiche configuration options: Admin.JurisdictionBlobProvider Ð Allow user to all ECM settings and mappings
Admin.JurisdictionBlobProvider.ConfigureCMISConnection Ð Allow user to configure CMIS connection settings
Admin.JurisdictionBlobProvider.ConfigureECMTemplates Ð Allow user to configure metadata template mappings Configure Subscriber's credentials and mapping in SmartGov. Meet with Subscriber and guide them through SmartGov to test the connection.
Financial Export Connector
Configuration
Configure financial export according to subscribers FMS (financial management system) as provided by Subscriber. Train Subscriber on how to export and set scheduler. Company will customize the configuration of the export to match Subscriber financial system input needs as documented. Available customizations include: Additional data fields Altered order of column information Alternate delimiter or fixed width formatting A header line is not part of the export. Financial Connector does not connect directly with any Financial Management System. If Subscriber provides a local (FTP) File Transfer Protocol, the Financial Connector can automatically upload to the defined FTP destination. By default, financial extract jobs are pre-configured and the included configuration of the Receipt Extract job will produce a comma-delimited file with the following data points: Receipt Number Receipt Date FMS/GL Code Fund GL Account Fee Amount Paid Fee Code Name
Permit/License/Case Number Payer Name The included configuration of the Receipt Extract Ð FMS/GL Summary job will produce a commadelimited file with the following data points: FMS/GL Code Fund GL Account Fee Amount Paid The file output of the financial extract may be written to the customer's FTP site, if desired, to facilitate automated external processing of the file. The customer may request the use of an alternate delimiter if a comma is not acceptable. The financial extract job may be run on demand or scheduled to run on a consistent basis (e.g., daily, weekly, monthly, etc.). Companion reports designed for reconciliation and extract verification are also available.
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
Existing Merchant Connector
Configuration
Configure merchant connection. Test and troubleshoot connection during test process. Subscriber to provide the required linking information for Company to complete the setup. These will often include connection URLs, Login IDs, and Transaction Keys. Requirements vary slightly depending on the selected Merchant. SmartGov will not test in Production environments.
Project Management -
SmartGov
Project Management: Company Project Manager will act as an extension of the Subscriber's team and manage the implementation from start to finish. The Subscriber will have access to a personalized timeline which will be reviewed on a regular cadence. The Project Manager will partner with the Subscriber to coordinate all services, management of the project timeline, and help identify risks and/or issues._ Project Management Services include:_ -Project planning and kickoff meetings. -Project schedule developed and maintained according to the SOW tasks, deliverables, dependencies, and resource assignments. -Status reporting and coordination of status meetings, bi-weekly, or as required. -Schedule monitoring and scope management. -Risk Management planning to identify, analyze, and mitigate risks. -Action Item and decision tracking, as well as resolving and escalating issues. -Change control management and issue tracking. -Company project resource management. -Verify product and deliverable acceptance with Subscriber. -Facilitating transition to Support. -Company's Project Manager will serve as the single point of contact for the project related to this SOW.
Custom Reports Custom scoped work for custom reports outside of the scope of the standard reports offered.
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
Map Connector Configuration Configure subscribers ESRI GIS layers into SmartGov Troubleshooting the incoming data Train client on how to maintain the service in SmartGov.
MAP/GIS Connector:_ Company will connect to ESRI Map Service provided by Subscriber and secured by a publicly trusted certificate issued by a Certificate Authority. Subscriber is responsible for contracting separately with ESRI map service provider and ESRI configuration.
SmartGov Requirements for Map Connector Integration: ArcGIS for Server
10.4 or ArcGIS for server Enterprise Standard 10.7.1 (OR) ArcGIS Online.
Subscriber Map Service must be publicly accessible and require no user authentication of any kind. The Map Service must include a parcel layer with a designated field having parcel numbers that exactly match those provided in the Parcel Connector source data (this layer may be the same as that provided for the Parcel Connector if no authentication is required for access). Support for Feature, Tiled, and Web Map Services is not included. Custom base maps are not supported. Base maps from the ESRI base map library will be available for use. The following base maps are currently included (subject to change):_ Imagery Imagery Hybrid Streets Topographic Navigation Streets (Night) Terrain with Labels Light Gray Canvas Dark Gray Canvas Oceans National Geographic Style Map Open Street Map Charted Territory Map Community Map Navigation (Dark Mode) Newspaper Map Human Geography Map Human Geography Dark Map Modern Antique Map Mid-Century Map Nova Map Colored Pencil Map Firefly Imagery Hybrid USA Topo Maps
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
Parcel Connector
Configuration
Company will configure EITHER a Delimited Parcel Job OR ARCGIS Parcel Job on behalf of the Subscriber._ Configure Subscribers parcel fields into SmartGov. Troubleshooting the incoming data and providing recommendations for Subscriber to resolve data gaps. Train Subscriber on how to maintain the service in SmartGov. Delimited File Ð A delimited file may be uploaded to the job at runtime. The delimited file option supports a single address for each individual parcel. Subscriber must use the template provided by Company. Parcel Layer Ð A parcel layer must be accessible by URL through an ESRI REST service. A secondary address-only layer may also be provided for parcels that have more than one address.
The layer(s) must be publicly accessible and may be secured with a username and password. Subscriber is responsible for obtaining, cleaning, and maintaining all parcel data within the delimited file and/or ESRI Rest service. The configured parcel job will be available for Subscriber to run on-demand after go-live. The Parcel Layer Job can be set to run daily, weekly, monthly, or annually defined by how often Subscriber intends to update the Rest Service. Parcel source data (delimited file or parcel layer) must include the following fields, at a minimum: Parcel Number Primary Situs Address Primary Situs City Primary Situs State Primary Situs Zip Code Owner Name Owner Street Address Owner City populated for USA addresses only Owner State populated for USA addresses only Owner Zip Code populated for USA addresses only International Indicator with a value of "Y" for any owner address outside of the USA International line including the full regional equivalent of the city, state and zip code for any owner address outside of the USA Inclusion of the following additional fields is recommended: Parcel center point latitude in decimal degrees Parcel center point longitude in decimal degrees If using a secondary address layer with the ARCGIS Parcel job, the address layer must contain the following fields: Parcel Number Secondary Situs Address Secondary Situs City Secondary Situs Zip Code Inclusion of the following additional fields is recommended for the secondary address layer: Address point latitude in decimal degrees Address point longitude in decimal degrees Portal Configuration Company will customize Subscriber's Portal by: Loading Subscriber logo.
Exposing all permits/business licenses identified in Configuration workbook in which citizens will have access. Advising on best practices for public release timeline and access code configuration. Load Subscriber custom verbiage into limited fields. Provide the access URL (Uniform Resource Locator) for Subscriber to add link to jurisdiction web pages. Includes consultant-led end-to-end walkthrough and demonstration of UAT/Validation process to Subscriber to confirm functionality meets configuration requirements.
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
Solution Description
Fees Configuration (Pages) Subscriber Fees configured based on provided Fee schedule and according to Configuration Workbook. Based on Subscriber fee schedule, defined in the Order Form, Company will:_Setup Subscriber fee code calculations. Load Subscriber FMS (Financial Management System) / GL (General Ledger Code) (according to Configuration Workbook). Load Subscriber Valuation table (according to Configuration Workbook or ICC (International Chamber of Commerce) table). Setup Subscriber fixture costs (according to Configuration Workbook). Load other Subscriber custom attributes / details as required for Subscriber fee calculations (according to Configuration Workbook).
General Config General Configuration: As part of the General Configuration, Company will:_ Create Subscriber database with best practice defaults. Provide Validation environment access to Subscriber. Load Subscriber users with Company standard permissions (according to Configuration Workbook).
Configure system values (locality, time zone, header and footer detail, standard report settings). Load Client Code References/Violation types (according to Configuration Workbook). Set up General Ledger accounts.Load Subscriber logo. Provide access to over 100 reports and output document templates. Subscriber receives credentials for environment when initial configuration items under General Configuration deliverable are completed.
Workflow template
customization
Workflow Template Configuration: Company will configure process templates as defined in the Business Process Analysis phase for each department in scope: Building/Permits, Code Enforcement, Licensing and/or Recurring Inspections. Company will: Load Subscriber Code References/Violation types (according to Configuration Workbook). Load custom attributes/details within the limited fields available (not associated with fees, according to Configuration Workbook). Configure workflow to meet business requirements defined in Configuration Workbook.
Consultant-led end-to-end walkthrough and demonstration of UAT/Validation process to Subscriber to confirm functionality meets configuration requirements. Completed upon configuration according to documentation in the Configuration Workbook_ Percentage: 100%_
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-337577 dated 29 Mar 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Shafter, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
Order Form
Shafter, CA
Order #: Q-337577
Prepared: 29 Mar 2024
BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:
If PO required
Billing Email: Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-337577 dated 29 Mar 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.
Shafter, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AUTHORIZE URBAN GREENING PROJECT
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; authorize acceptance of $75,000 in Urban Greening Emission Reduction Program funding; amend the Fiscal Year 2023-2024 operations budget to include up to $75,000 of grant funding through the Urban Greening Emission Reduction Program and project expenditures not to exceed the same amount; and authorize the Public Works Director to award up to $15,000 in purchases of trees and other accessories for tree planting from Site One Landscape Supply.
BACKGROUND
State of California Assembly Bill 617 (AB 617) requires the California Air Resources Board (CARB) and air districts to develop and implement additional emissions reporting, monitoring, reduction plans, and measures to reduce air pollution exposure in disadvantaged communities. In 2018, South Central Fresno and the City of Shafter were the first Valley communities selected by CARB for the investment of additional resources under AB 617. Since then, the Shafter Community Steering Committee (CSC) has been responsible for advising the San Joaquin Valley Air Pollution Control District (District) on its development of the Community Air Monitoring Plan (Monitoring Plan) and Community Emission Reduction Program (CERP). City leaders and staff have been very active and engaged as CSC members.
A CSC subcommittee on the vegetative barriers and urban greening measures has expressed strong interest in providing funding to support an Urban Greening measure, which led to $50,000 in funding available for the Urban Greening Emission Reduction Program for projects within the Shafter AB 617 Community. The District recently provided the Public Works Department with an Urban Green Program Request for Proposals, which includes a project application. The Department Director then collaborated with the Tree Foundation of Kern, a Bakersfield-based non-profit organization focused on urban and community forestry initiatives, on a potential project of planting trees at Shafter parks, buildings, and streetscapes.
The draft City project application requests a maximum of $50,000 in funding available to purchase and plant up to 50 trees. The tree planting locations listed are as follows:
AUTHORIZE URBAN GREENING PROJECT
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• Veterans Park
• Mannel Park
• City Hall
• Lerdo Highway Streetscape
• Shafter Library and Learning Center
• Shafter Animal Control Facility
The tree species list is based on the Tree Foundation of Kern recommendations for specific locations to ensure sustainability and the maximum visual and environmental benefit.
At its September 18, 2023 meeting, the Council adopted a resolution approving grant project funding through the Urban Greening Emission Reduction Program and appointing the City staff signatory for the application and all project-related documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the project. The City Manager has since executed a funding agreement allowing the City to proceed with the project.
More recently, Public Works obtained pricing from Site One Landscape Supply, an approved City vendor, for purchasing various types of trees in box planters and miscellaneous equipment for eventual planting at the approved project sites. Additionally, an event is being planned with the Tree Foundation of Kern to have them provide volunteers to assist City crews with planting purchased trees at the approved public parks and facilities. The tentative date for this planting is May 11th. This collaboration would represent the first phase of the project, allowing the Lerdo Highway streetscape planting to be a second phase.
ANALYSIS
The scope of work and number of planting sites for the first phase of the Urban Greening project will ultimately depend on the number of volunteers the Tree Foundation of Kern can provide. Regardless of the volunteer turnout, the estimated cost of purchasing the trees to be planted for this phase is $15,000. This amount requires Council approval.
FISCAL IMPACT
Although the Council previously authorized participation in the Urban Greening Emission Reduction Program, budget action is still required to program grant proceeds and project expenditures. The proposed funding allocation of the grant is as follows:
• $15,000 - 0100-30-400-25-00-510001- Parks Departmental Supplies (Phase I Tree Purchase)
• $5,000 - 0100-30-400-25-00-510400 - Public Facilities Professional Services (Tree Foundation of Kern Consulting Services)
AUTHORIZE URBAN GREENING PROJECT
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• $55,000 - 0100-40-400-19-02-510001- Streets Departmental Supplies (Phase II Tree Purchase)
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 resolution to participate in the urban greening emissions reduction program and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Budget action is required to approve grant expenditures and proceeds, but the Council can authorize a different funding allocation among the approved sites.
NEXT STEPS
Public Works will proceed with the first phase of the project by purchasing the trees to be planted at parks and other public facilities on May 11th with the assistance of the Tree Foundation of Kern.
ATTACHMENTS
1. Council Resolution 2943 - Participation in Urban Greening Emission Reduction Program
RESOLUTION NO. 2943
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING
PARTICIPATION IN THE URBAN GREENING EMISSION REDUCTION PROGRAM WHEREAS' Assembly Bill 617 ( AB 617) requires the California Air Resources Board CARB) and air districts to develop and implement additional emissions reporting, monitoring, reduction plans and measures in an effort to reduce air pollution exposure in disadvantaged communities. Given that2} of the 30 most disadvantaged communities in Califomia are in the San Joaquin Valley, this process is expected to bring additional clean air resources and strategies to many Valley communities;
WHEREAS, the San Joaquin Valley Air Pollution Control District ( District) actively participates with and is facilitating full engagement of all sectors within each of the San Joaquin Valley' s disadvantaged communities through meaningful and effective implementation of AB 617; and
WHEREAS, in 2018, South Central Fresno and the City of Shafter were the first Valley communities selected by CARB for the investment of additional resources under AB 617; and WHEREAS, the Shafter Community Steering Committee ( CSC) is a special committee that will be responsible for advising the San Joaquin Valley Air District' s development of the Community Air Monitoring Plan ( Monitoring Plan) and Community Emission Reduction Program CERP) under AB 617;and
WHEREAS, the Urban Greening Emission Reduction Program is a part of California Climate Investments ( CCI), a statewide initiative that puts billions of Cap- and- Trade dollars to work reducing greenhouse gas ( GHG) emissions, strengthening the economy, and improving public health and the environment, particularly in disadvantaged communities; and WHEREAS, Urban Greening projects will use natural solutions to improve air quality and public health, while enhancing a community with drought tolerant and low maintenance greenery.
While the main benefit of Urban Greening projects is GHG reductions, the projects can also reduce criteria air pollutant ( CAP) emissions. Certain species of trees can help further decrease particulate matter ( PM) and oxides of nitrogen O{Ox) emissions when strategically planted in a community.
WHEREAS, the Shafter CSC subcommittee for the vegetative barriers and urban greening measures, the subcommittee had expressed strong interest in providing funding to support the Urban Greening measure ( UB. 1); and
WHEREAS, a request for proposals was developed and modeled after existing plans and resources for similar projects within the State of California and includes feedback received from the CSC to create a program that addresses the unique needs of the community; and WHEREAS, the total funding available for the Urban Greening Emission Reduction Program is $50,000 for projects within the Shafter AB 617 Community; and
Shafter City Council Resolution No. 2943
September 18,2023
Page2
WHEREAS, quali8' ing for said funding requires the City Council to approve a submittal of a project proposal and designating a signing authority for the proposal and subsequent documents, including a funding agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter hereby:
1. Approves grant project funding through the Urban Greening Emission Reduction Program.
2. Appoints the City of Shafter City Manager as an agent of the City to execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the project.
PASSED, ADOPTED this 18th day of September 2023
Givens, Mayor
ATTEST:
Vanessa Uribe, Clerk
APPROVED AS TO FORM:
A
A
CERTIFICATE OF GOVERNING BODY' S ACTION
STATE OF CALIFORNIA
COUNTY OF KERN
I, Vanessa Uribe, Deputy City Clerk of the City of Shafter, California, DO HEREBY CERTIFY that the above Resolution 2943, a Resolution of the City Council of the City of Shafter, was duly passed and adopted at a Regular Meeting held on the 18th day of September 2023, by the following vote:
ss
AYES:
NOES:
ABSENT:
ABSTAINING
DATED:
sEAL)
September 18, 2023
Alvarado, Espinoza, Givens, Olvera, and Prout.
None.
None.
None.
il (t,tv tt'1.*.,
Deputy City Clerk of the City of Shafter
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT WITH
TRANSYSTEMS FOR AN AMOUNT UP TO $120,000 FOR RIGHTOF-WAY ACQUISITION SUPPORT SERVICES FOR THE ROUNDABOUT PROJECT AT HIGHWAY 43 AND SANTA FE WAY
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; award professional services contract for right-of-way acquisition support services for a roundabout project at Highway 43 and Santa Fe Way for an amount not to exceed $120,000.
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.
The Council previously authorized staff to release the Request For Proposal (RFP) for right-of-way services on January 16th, 2024. The City received three (3) qualifying proposals. Based on a review by City staff, the following is the proposal ranking based on the criteria listed in the RFP:
1. TranSystems
2. Interwest Consulting Group
3. Paragon Partners Consulting, Inc
The highest-ranked firm is Transystems. Their cost proposal, submitted after the proposal ranking, is valued at $109,072.54.
ANALYSIS
The ranking is based on criteria established in the RFP. Because costs cannot be among the ranking factors, the City should award the project to Transystems unless
AWARD PROFESSIONAL SERVICES AGREEMENT WITH TRANSYSTEMS FOR AN AMOUNT UP TO $120,000 FOR RIGHT-OF-WAY ACQUISITION SUPPORT SERVICES FOR THE ROUNDABOUT PROJECT AT HIGHWAY 43 AND SANTA FE WAY
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their cost is deemed unreasonable. In this case, the cost has been circulated among other public agency officials and determined reasonable. The budget to fund the proposal and potential contingencies is $120,000.
FISCAL IMPACT
Capital Improvement Program Project #ST00029 has $1,500,000 in funding programmed for the Project's right-of-way acquisition costs. Covering the costs for the proposed services could be met with the available funds.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the transfer of monies from one enterprise account to another for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ALTERNATIVES
There is no viable alternative to the requested action. The City has committed to fulfilling the right-of-way for the project, plus the highest-ranked proposal resulting from the RFP is complete and priced reasonably.
NEXT STEPS
Upon Council approval to proceed, the staff will send a Notice of Award to TranSystems for the Project, followed by a Notice to Proceed after an agreement is finalized.
ATTACHMENTS
1. TranSystems Cost Proposal
Overland, Pacific & Cutler, a Division of
Contact:
Liz O’Neil
Director of Client Development
Tel: 213.793.5477
[email protected]
City of Shafter
RFP for Right of Way Services
Santa Fe Way and Los Angeles St.
COST PROPOSAL
www.transystems.com | 980 9th Street, Suite 1600 Sacramento, CA Overland, Pacific & Cutler, a Division of
March 21, 2024
City of Shafter
Ravi Pudipeddi, Public Works Engineering
720 Commerce Way
Shafter, CA 93263
RE: Request for Proposals for Right of Way Services for Santa Fe Way and Los Angeles St. Roundabout Project Dear Mr. Pudipeddi:
The City of Shafter has the need for an experienced, highly-qualified right of way company to expedite the pre-construction activity in order to take advantage of funding for an important roundabout project. The following pages contain our cost proposal for this project. We do NOT include the costs for field survey, utility coordination, property management, hazardous material assessment and removal, or demolition and clearance services, however, if it is determined that these additional services are needed, we can provide costs at such a time.
As stated in our technical proposal, OPC has been providing right of way services for public and private entities since 1980. Our team is knowledgeable of the regulations including Caltrans Local Assistance Procedures Manual and Caltrans Right of Way Manual and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”). Over the years, we have worked and are familiar with the Federal Highway Administration, and many major utility owners.
We have read and accept the terms and conditions of the Sample Consultant Contract. Our proposal is valid for 90 days from the date submitted. As President of the Real Estate Division, I am authorized by TranSystems to negotiate a contract with the City of Shafter. If you have any questions during the consultant selection process, please contact our Director of Client Development, Liz O’Neil, at 213.793.5477 or via email at eoneil@ transystems.com. Correspondence can be directed to Liz at our Headquarters located at 5000 Airport Plaza Drive, Suite 250, Long Beach, CA 90815. We look forward to the opportunity of providing excellent right of way services to the City of Shafter.
This cost proposal is for the following Scope of Services. Please refer to the Technical Proposal submitted on February 16, 2024 for full details.
Our scope includes:
• Project Management
• Right Of Way Appraisal Services
• Appraisal Review Services
• Goodwill Appraisal Services
• Furniture, Fixtures, Machinery And Equipment Appraisal Services • Right Of Way Acquisition
• Title And Escrow Services
• Relocation Services
Respectfully submitted,
Brian Everett
President, Overland, Pacific & Cutler, a division of TranSystems
Classification Staff Hours Hrly Rate Total
Senior Project Manager Don Anderson 75 $65.02 $4,876.50 Senior Agent Bohan Bodrouk 20 $47.60 $952.00
Project Management Melissa Mann 5 $54.82 $274.10
Agent Ramona Gomez 100 $38.48 $3,848.00
Senior Agent Katie Quick 55 $43.28 $2,380.40
Senior Agent Stephen Lopez 55 $43.28 $2,380.40
Agent Debbie Morgan 50 $32.00 $1,600.00
Senior Project Manager Paula Paden 2 $62.60 $125.20
Project Support Ariana Ojeda 12 $22.00 $264.00
Project Controls Analyst Cindy Hernandez 12 $25.00 $300.00 Total Direct Labor Costs $17,000.60
OH Rate (133%) $ 22,610.80
Total Indirect Costs $39,611.40
Total Fixed Fee (10%) $3,961.14
Total Cost $43,572.54
Other Direct Costs Total
Full Narrative Fee Appraisals $ 38,000.00
Goodwill Appraisals $ 15,000.00
FF&E Appraisal $ 10,000.00
Title $ 2,500.00
Total ODC $ 65,500.00
Grand Total $ 109,072.54
COST PROPOSAL
The table below summarizes our costs on a per-staff and hourly basis. The second table summarizes the fees from our sub-contractors. The total of both internal and external costs is $109,072.54. Our 10-H2 forms follow.
Local Assistance Procedures Manual
Note: Mark-ups are Not Allowed
Consultant Prime Consultant Subconsultant 2nd Tier Subconsultant Project No. Contract No. Participation Amount $ Date 3/4/2024 = 133.90%
FEE = 10%
Straight3 OT(1.5x) OT(2x) From To
$167.29 N/C N/C 1/1/2024 12/31/2024 $65.02 3.00% NA NA NA NA $172.31 N/C N/C 1/1/2025 12/31/2025 $66.97 3.00% NA NA NA NA $177.48 N/C N/C 1/1/2026 12/31/2026 $68.98 3.00% NA NA NA NA $182.80 N/C N/C 1/1/2027 12/31/2027 $71.05 3.00% NA NA NA NA $122.47 N/C N/C 1/1/2024 12/31/2024 $47.60 3.00% NA NA NA NA $126.14 N/C N/C 1/1/2025 12/31/2025 $49.03 3.00% NA NA NA NA $129.93 N/C N/C 1/1/2026 12/31/2026 $50.50 3.00% NA NA NA NA $133.83 N/C N/C 1/1/2027 12/31/2027 $52.01 3.00% NA NA NA NA $141.05 N/C N/C 1/1/2024 12/31/2024 $54.82 3.00% NA NA NA NA $145.28 N/C N/C 1/1/2025 12/31/2025 $56.46 3.00% NA NA NA NA $149.64 N/C N/C 1/1/2026 12/31/2026 $58.16 3.00% NA NA NA NA $154.13 N/C N/C 1/1/2027 12/31/2027 $59.90 3.00% NA NA NA NA $99.01 N/C N/C 1/1/2024 12/31/2024 $38.48 3.00% NA NA NA NA $101.98 N/C N/C 1/1/2025 12/31/2025 $39.63 3.00% NA NA NA NA $105.03 N/C N/C 1/1/2026 12/31/2026 $40.82 3.00% NA NA NA NA $108.19 N/C N/C 1/1/2027 12/31/2027 $42.05 3.00% NA NA NA NA $111.36 N/C N/C 1/1/2024 12/31/2024 $43.28 3.00% NA NA NA NA $114.70 N/C N/C 1/1/2025 12/31/2025 $44.58 3.00% NA NA NA NA $118.14 N/C N/C 1/1/2026 12/31/2026 $45.92 3.00% NA NA NA NA $121.68 N/C N/C 1/1/2027 12/31/2027 $47.29 3.00% NA NA NA NA $111.36 N/C N/C 1/1/2024 12/31/2024 $43.28 3.00% NA NA NA NA $114.70 N/C N/C 1/1/2025 12/31/2025 $44.58 3.00% NA NA NA NA $118.14 N/C N/C 1/1/2026 12/31/2026 $45.92 3.00% NA NA NA NA $121.68 N/C N/C 1/1/2027 12/31/2027 $47.29 3.00% NA NA NA NA Debbie Morgan $80.43 N/C N/C 1/1/2024 12/31/2024 $31.26 3.00% NA NA NA NA Agent $82.84 N/C N/C 1/1/2025 12/31/2025 $32.20 3.00% NA NA NA NA $85.33 N/C N/C 1/1/2026 12/31/2026 $33.16 3.00% NA NA NA NA $87.89 N/C N/C 1/1/2027 12/31/2027 $34.16 3.00% NA NA NA NA Ariana Ojeda $56.60 N/C N/C 1/1/2024 12/31/2024 $22.00 3.00% NA NA NA NA Project Support $58.30 N/C N/C 1/1/2025 12/31/2025 $22.66 3.00% NA NA NA NA $60.05 N/C N/C 1/1/2026 12/31/2026 $23.34 3.00% NA NA NA NA $61.85 N/C N/C 1/1/2027 12/31/2027 $24.04 3.00% NA NA NA NA Cindy Hernandez $80.43 N/C N/C 1/1/2024 12/31/2024 $31.26 3.00% NA NA NA NA $82.84 N/C N/C 1/1/2025 12/31/2025 $32.20 3.00% NA NA NA NA $85.33 N/C N/C 1/1/2026 12/31/2026 $33.16 3.00% NA NA NA NA $87.89 N/C N/C 1/1/2027 12/31/2027 $34.16 3.00% NA NA NA NA $161.06 N/C N/C 1/1/2024 12/31/2024 $62.60 3.00% NA NA NA NA $165.90 N/C N/C 1/1/2025 12/31/2025 $64.48 3.00% NA NA NA NA $170.87 N/C N/C 1/1/2026 12/31/2026 $66.41 3.00% NA NA NA NA $176.00 N/C N/C 1/1/2027 12/31/2027 $68.40 3.00% NA NA NA NA Project Controls Analyst
Senior Project Manager
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1 Hourly Billing Rates2
Project Manager
Exempt
Project Manager
Exempt
Melissa Mann
Hourly Range- for
Classifications Only
Billing Rate Range- for
Classifications Only
Actual or Avg.
Hourly Rate 4
% or $
Increase
Effective Date of Hourly Rate
Exhibit 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Form 1 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Overland, Pacific & Cutler, LLC (OPC), a division of TranSystems City of Shafter Santa Fe Way and TBD $109,072.54
Los Angeles St. Roundabout Project
For Combined Rate
Fringe Benefit % + General & Administrative% + Facilities Capital Cost of Money% Combined ICR % (add pages as necessary)
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
Exempt
Paula Paden
Support - Sr Proj Manager
Bohan Bodrouk
Katy Quick
Senior Agent
Don Anderson
Steven Lopes
Senior Agent
Ramona Gomez
Senior Agent
Exempt
X X
January 2018
Cost Proposal
Consultant Prime Consultant
Project No. City of Shafter Santa Fe Way and Los Angeles St. Roun Contract No. Date Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Subconsultant 6:
Subconsultant 7:
Subconsultant 8:
3/21/2024
Local Assistance Procedures Manual EXHIBIT 10-H2
EXHIBIT 10-H2 COST PROPOSAL FORM 2 OF 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Overland, Pacific & Cutler, LLC (OPC), a division of TranSystems Subconsultant TBD
SCHEDULE OF OTHER DIRECT COST ITEMS
PRIME CONSULTANT
DESCRIPTION OF ITEMS Quantity Unit Unit Cost Total
$0.00
Overnight Mail Service 0.00 EA $0.00 $0.00
U.S. Mail 0.00 EA $0.00
Outside Vendor Reproduction 0.00 LS $0.00 $0.00
Personal Vehicle 0.00 Mile $0.58 $0.00
Per Diem 0.00 Day $0.00 $0.00
Permit Fees 0.00 EA $0.00 $0.00
Research Fee 0.00 EA $0.00 $0.00
Records Search 0.00 0.00 $0.00 $0.00
Tolls & Parking 0.00 0.00 $0.00 $0.00
$0.00
Full Narrative Fee Appraisals $38,000.00
Goodwill Appraisals $15,000.00
FF&E Appraisal $10,000.00
Title $2,500.00
Note: Add Additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals Total ODC's $65,500.00
X
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
Name: Title*:
Signature: 3/21/2024
Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
January 2018
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Brian Everett President, Real Estate Division
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts Acquisition
Relocation
Appraisal - Full Narrative
Appraisal Review
FF&E Appraisal
Goodwill Appraisal
Project Management
Note: This cost proposal does not include costs for:
Survey
Utility Coordination
Property Management
Hazardous materioal assessment and removal
Demolition and Clearane Services
Right of Way Services
Date of Certification (mm/dd/yyyy):
[email protected] 562-304-2000
980 9th Street, Suite 1600, Sacramento, CA 95814
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Overland, Pacific & Cutler, LLC, a division of TranSystems - Standard Hourly Rates | 2024 1 2024 Schedule of Hourly Rates
Project Management & Implementation
Senior Program Manager / Senior Vice President $250.00
Program Manager $200.00
Senior Project Manager / Quality Manager $175.00
Project Manager / Project Controls Manager $160.00
Senior Agent / Senior Analyst / Project Controls Analyst $145.00 Agent / Analyst / Senior Land Specialist $130.00
Relocation Specialist / Land Specialist $115.00
Utility Coordination
Senior Utility Manager $200.00
Utility Manager $165.00
Senior Utility Coordinator $150.00
Utility Coordinator $135.00
Right of Way Engineering
Project Engineer (PE) $225.00
Survey Manager (PLS) $215.00
Senior ROW Engineering / Survey Analyst $150.00
GIS / CADD Analyst $150.00
Real Estate Appraisal
Appraisal Review Program Manager $200.00
Trust Account Services
Trust Account Manager $140.00
Staff Accountant $125.00
Administrative
Administrative Assistant $100.00
Overland, Pacific & Cutler, LLC, a division of TranSystems - Standard Hourly Rates | 2024 2 2024 Billing Terms and Conditions
Unless superseded by client-generated Billing Terms in an Agreement executed by OPC, the following terms shall apply to this Scope of Services.
OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile, and mobile communication charges a normal part of doing business and such costs are included in the stated hourly rates. Out-of-pocket expenses including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling.
Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).
In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two (2) times the regular hourly rates.
In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.
Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.
OPC will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice.
2024 Billing Rates
Director $225/hr
Vice President $175/hr
Appraiser $150/hr
Senior Valuation Associate $125/hr
Valuation Associate $100/hr
Administravie Support $80/hr
NOTE: The rates provided above exclude expert witness services e.g. court or briefing preparation, depositions, any pre-trial conferences, court appearances, and related activities.
Rate Schudle - 2024
Name Title
Appraisal, Statement of
Valuation, Depostion,
Arbitration, Trial Testimony -
Hourly
Meetings,
ADditional
Research, Travel -
Hourly
Michelle Patton, MAI, SR/WA Principal Appraiser $275 $150 Dean Chapman, MAI, SR/WA Senior Appraiser $425 $250
SUBCONSULTANT’S HOURLY FEES
Hodges, Lacey & Associates, LLC Fee Schedule 2024
Appraiser Standard Hourly Rate Deposition Court Hourly Rate Michael Lacey, ASA $150 $375
Richard Hodges, ASA $150 $375
Title Staff Member Standard Rate Testimony Rate
Goodwill Appraisal
Partner Madeleine Mamaux, CFA, ASA 400 500
Partner Kevin Blair, ASA 350 450
Principal Eric Lietzow, CPA/ABV 350 450
Principal Ricardo Goñi 350 450
Manager Silvia Tauber, CPA/ABV 200 N/A
Senior Analyst Anwesh Roy 175 N/A
Analyst Kaung Myat 150 N/A
Fixtures & Equipment
Partner Marcus Pigrom, ASA 250 450
Senior Appraiser Ryan Nutten 150 N/A
Senior Appraiser Raul Bermudez 150 N/A
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Education Partnership Director SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT TO WYNNSMITH LANDSCAPE ARCHITECTURE FOR $20,000 TO CREATE
DESIGN AND CONSTRUCTION DRAWINGS FOR CHESS
GARDEN PROJECT AT THE SHAFTER LIBRARY & LEARNING
CENTER
RECOMMENDATION
Council find theaction is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve a professional service agreement with Wynn-Smith Landscape Architecture, Inc. in an amount up to $20,000 for Architectural and Design Services for the Shafter Library & Learning Center Chess Garden; and authorize the City Manager to execute said agreement.
BACKGROUND
At the regular City Council meeting on February 20, 2024, the City Council approved the Community Development Activity Agreement with Kern County to secure Community Development Block Grant funds for the construction of the Shafter Library & Learning Center Chess Garden Project. At that time, staff informed Council that staff had been in contact with a landscape architect who could prepare construction plans appropriate for bidding as well as renderings of the design.
ANALYSIS
This is a high visibility project and its success will be determined in large part by the quality of the design. Additionally, beginning with a complete, detailed set of drawings will ensure quality, accurate bids and minimize cost and delays for the project. For these reasons, hiring a qualified professional landscape architect is important for the success of this project.
In 2021, when this project was originally proposed and approved, the plan was for engineering drawings to be produced by City staff, which is why funds for design were not included in the grant budget. However, given the current workload of engineering staff on existing capital improvement projects in the City and the aesthetic importance of quality design in this location, staff believe the additional cost of a landscape architect is merited.
AWARD PROFESSIONAL SERVICES AGREEMENT TO WYNN-SMITH LANDSCAPE ARCHITECTURE FOR $20,000 TO CREATE DESIGN AND CONSTRUCTION DRAWINGS FOR
CHESS GARDEN PROJECT AT THE SHAFTER LIBRARY & LEARNING CENTER - 2 -
Wynn-Smith is a firm that has significant experience in Shafter, preparing designs for landscaping of the North Park/North Shafter Park, the new skate park, as well as the landscape design for the Gossamer Grove development. Because of their track record in the community and council, staff reached out Wynn-Smith as the sole bidder on this project.
A budget of $20,000 is recommended to cover the submitted proposal and allow for any contingencies that might occur during the design process. The requested amount includes funds for the architect, Tim Smith, to visit the site prior to creating a design and to remotely share the design with Council for comment.
FISCAL IMPACT
Staff has identified funds for this project within the existing Education Partnership budget, including the availability of undesignated donations and grants to the Library & Learning Center. 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 awarding of a professional services agreement 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
ALTERNATIVES
Council could choose to direct staff to prepare plans for this project. Engineering staff would be able to prepare functional plans, however, this would pull them away from other projects and the aesthetic and horticultural aspects would be outside their expertise. This is not recommended.
NEXT STEPS
Staff will issue a professional services contract to Wynn-Smith, so they can begin preparing plans for construction, which should be completed by this summer.
ATTACHMENTS
1. Shafter_ Professional Services Agreement SLLC Wynn-Smith
2. 23-007 Shafter Learning Center Landscape Improvement Plans Proposal
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CITY OF SHAFTER
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of March 19, 2024 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 Wynn-Smith Landscape Architecture, Inc. with its principal place of business at 13319 Poway Road, Poway, CA 92064 (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:
Shafter Library & Learning Center Chess Garden (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
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 “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ 25,000.
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.
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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 of Performance.
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 required hereunder within 180 calendar days. The Notice to Proceed shall set forth the date of commencement of work.
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 nonperforming 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
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provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. 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 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.
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(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 self-insured 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 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.
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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 $1,000,000 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. 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.
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(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.
(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.
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(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 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, 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
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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 subsubconsultants 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 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
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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. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
19. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Shafter
336 Pacific Avenue
Shafter, California 93263
Attn: David Franz, Education Partnership
CONSULTANT:
Timothy M. Smith
13319 Poway Road
Poway, California 92064
and shall be effective upon receipt thereof.
20. 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.
21. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
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22. 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.
23. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
24. 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.
25. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
26. Time of Essence
Time is of the essence for each and every provision of this Agreement.
27. 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]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SHAFTER
AND WYNN-SMITH LANDSCAPE ARCHITECTURE, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SHAFTER WYNN-SMITH LANDSCAPE ARCHITECTURE, INC.
By: By:
David Franz
Education Partnership Director
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 February 19, 2024
David Franz
Education Partnership Director
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Re: Shafter Learning Center Landscape Improvement Plans 236 James Street, Shafter, CA 93263
Landscape Architectural Services Proposal, 23-007
Dear Mr. James
Thank you for the opportunity to provide this fee proposal to prepare the landscape plans for the Shafter Library and Learning Center. Based on our discussion last week, we understand that the scope of this work is limited to the following:
1. Area of work is limited to the north and east side of the building.
2. Create a pleasant environment in which to read, play chess or relax.
3. Propose methods of softening the sounds of the adjacent fire station or the nearby train station.
4. Consider low walls and a gate. This may be discussed in further detail with client to confirm that this goal remains. Other methods of spatial definition may be used, such as a hedge instead of walls.
5. Incorporate benches and tables.
6. Design should reflect a whimsical quality throughout the space, intriguing to people of all ages. This may use details on walls or paving.
7. Accessible only from east and west sides – not from inside the building.
Below, you will find the Scope of Services and Terms of Agreement for the Landscape Architectural services to be rendered by Wynn-Smith Landscape Architecture, Inc. (“WSLA”) for City of Shafter (“Client”) with regard to the Shafter Learning Center (“Project”).
SCOPE OF SERVICES
A. Landscape Concept Plan
WSLA is relying on the following to be provided:
1. Survey of existing building, windows, topography, property lines, paving, street curbs and easements in CAD dwg format.
SLA
wynn Smith
landscape
architecture, inc.
23-007 Shafter Learning Center Landscape Improvement Plans Proposal.docx Landscape Architecture Proposal
February 19, 2024
Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 The concept plan will graphically show all of the hardscape design, as mentioned above, as well as planting areas. Planting areas will be shown with conceptual plant symbols, but the specific plant species will not be identified until during the Landscape Construction Phase.
Elevations of creative design details will be presented to clarify conceptual design intent of “whimsical” elements in the garden.
B. Landscape Construction Drawings
Upon approval of the Concept Plan, WSLA will prepare construction drawings of all elements identified in the approved concept plan. Structural engineering is not included at this time because it is not known yet if a structural engineer will be needed.
Plans to include the following:
1. Construction Plan
Includes layout and dimensioning of all hardscape elements. All materials, colors and finishes will be identified. Drainage to be identified if survey, provided by City, shows existing grades.
2. Construction Details
Includes: Construction detailing of built elements in the Master Plan unless they must be prepared by a structural or civil engineer.
3. Irrigation Plan
Includes: Diagrammatic layout of landscape irrigation piping, valves, control equipment, sprinkler heads, drip emitters and related equipment for the irrigation of planted areas, specifically calling out pipe and equipment sizing and types, brand and model. Details for the installation of the system are included.
4. Planting Plan
Includes: Identification of all proposed plant material, their sizes, quantities, varieties and general notes to the contractor. Details for the installation of the plants are included.
5. Lighting Plan
Includes: Low voltage landscape lighting design to enhance exterior spaces and accent planting.
WSLA, as described above, will provide Client with drawings to be used as a guide to install the landscape but WSLA is not responsible for the installation or maintenance of the hardscape, drainage, planting, irrigation or lighting.
C. Construction Administration
All site observation will be performed and invoiced based on the office hourly rates upon request by Client. Upon request by Client, WSLA will visit site during construction to observe contractor’s work and make note of recommended modification or corrections of such work.
23-007 Shafter Learning Center Landscape Improvement Plans Proposal.docx Landscape Architecture Proposal
February 19, 2024
Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 D. Meetings
All client meetings / presentations will be billed at the standard office hourly rates.
Typically, travel time is charged at the standard office rates for traveling to meetings, site visits and/or Agency for plan submittals if necessary. Travel time will be charged at $55.00/hour and $0.63/mile.
E. Project Coordination with Client, Consultants and Agencies Includes teleconferences and meetings with client, consultants and agencies.
TERMS OF AGREEMENT
A. Fee Schedule
A. Landscape Concept Plan $7,200.00
B. Construction Documents $9,200.00
C. Construction Administration Hourly
D. Meetings / Presentations Hourly
E. Project Coordination with Client, Consultants and Agencies Hourly Hourly Rate For Additional Work
Principal Landscape Architect $200.00 / Hour
Project Manager / Landscape Architect $125.00 / Hour
Senior Designer / CAD Draftsperson $100.00 / Hour
Junior Designer / CAD Draftsperson $75.00 / Hour
Irrigation Designer $110.00 / Hour
Document Research / Plan Submittals to Agencies $65.00 / Hour Hourly rates are subject to adjustment on January 1 of each year.
B. Additional Work
No additional work beyond the Scope of Services outlined in the Agreement will be performed without the prior written approval of the Clients. Upon receipt of a request for additional work, WSLA will prepare an addendum to this Agreement that details the additional work and the cost for the additional work. Such additional work will not be performed unless Client executes the Addendum Authorizing Additional Work.
C. Reimbursable Expenses
All soil testing, printing, CAD plotting, photographing, photograph developing, duplicating, copying, Xerox enlargements, and preparation of special materials for the presentation of exhibits (i.e. Mylars, vellums, exhibit mounting, etc.) administered by WSLA will be billed to Client at actual cost plus 20%. In the alternative, Client can arrange for direct billing from the relevant vendors for such work. At this time, reimbursable expenses should only be for prints made during the Construction Documents development phase.
All prints for plans to be billed at:
• $2.50 / 24x36 sheet – black and white.
• $15.00 / 24x36 sheet - Color.
23-007 Shafter Learning Center Landscape Improvement Plans Proposal.docx Landscape Architecture Proposal
February 19, 2024
Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 D. Indemnity Provision
Client shall indemnify and hold harmless Landscape Architect, its agents and employees from and against any and all claims, liabilities, demands, injuries, losses, damages and/or expenses (including reasonable attorney’s fees) arising out of or resulting from the performance of services as described in this Agreement provided that any such claims, liabilities, demands, losses, damages or expenses are due to other than the sole negligence or willful misconduct of the WSLA its agents or employees.
In the event that such claims, liabilities, demands, losses, injuries, and damages arising out of or resulting from the performance of work as described in this Agreement are a result of negligence on the part of both WSLA and Clients and/or their respective officers, employees and representatives, the parties hereby mutually agree to apportion the risks arising therefrom such that each party will only bear responsibility for their proportionate share of such claims, liabilities, demands, losses, injuries and damages.
E. Termination
This agreement may be terminated at any time by either party upon delivery of written Notice of Termination by one party to the other. The written Notice of Termination may be delivered via U.S. Mail or facsimile. If the Notice of Termination is transmitted via U.S. Mail, it must be postmarked and is deemed delivered as of the date two days after the postmark date. If the Notice of Termination is transmitted via facsimile, it is deemed delivered as of the date of the facsimile transmittal confirmation report. The Notices of Termination are to be sent to the parties at the addresses and/or facsimile numbers listed below:
Landscape Architect: Wynn-Smith Landscape Architecture, Inc. 13319 Poway Road
Poway, CA 92064
Client: David Franz
Education Partnership Director
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
In the event that this agreement is terminated, WSLA will cease performance of all services under the Agreement and Client shall fully compensate WSLA for all services performed under this Agreement up to the date of termination.
F. Payment Schedule
Clients will be billed monthly for services performed during the billing period. The billing period covers the one-month period beginning on the 1st day of the prior month. Billing statements will reflect the amount due based on the hours performed during the billing period (Hourly Agreement) or based on the percentage of work completed during the billing period (Lump Sum Agreement).
Payments are due within 20 days of the billing statement date. A late charge of
1.5% of the outstanding balance will be added to payments due and owing more
23-007 Shafter Learning Center Landscape Improvement Plans Proposal.docx Landscape Architecture Proposal
February 19, 2024
Wynn-Smith Landscape Architecture, Inc.
13319 Poway Road, Suite 150, Poway, CA 92064 Tel. 858.513.0030 than 20 days. If payment on any one billing statement is due and owing 20 days from the date of the billing statement, WSLA will cease performing any work under this Agreement until Client brings their account current.
G. Additional Provisions
Entire Agreement: This Agreement contains the entire understanding of the parties hereto and may not be modified or amended except by a writing signed by the parties to be charged therewith.
Controlling Law: This Agreement shall be controlled by and construed in accordance with the laws of the State of California.
Severability. Should any provision of this Agreement prove to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. Should a court find any provision of this Agreement invalid or unenforceable, said provision shall be deemed to be written, construed, and enforceable as so limited.
Attorneys Fees: If any action at law or equity is necessary to enforce or interpret the terms of this agreement, the prevailing party is entitled to recover from the other party all reasonable attorney fees, costs, and necessary disbursements incurred in the action, in addition to any other relief and/or damages to which the prevailing party may be entitled.
Declaration of California State Board of Landscape Architects:
Landscape Architects are regulated by the California Board of Landscape Architects. Any questions concerning a Landscape Architect may be referred to the Board at:
2420 Del Paso Road
Suite 105
Sacramento California 95834
(916) 575-7230
This proposal is good for one month from the date of execution. After one month, this proposal will be null and void. If this proposal meets with your approval, please return one signed copy to our office to initiate services.
Please call me with any questions you may have.
Respectfully,
Accepted:____________________Date_____
Timothy M. Smith, PLA, ASLA ______________________________________ President Print Name
LLA #4008
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Chris Schultz, Assistant IT Manager
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT TO SMART FIBER NETWORKS FOR $270,000 FOR THE DEVELOPMENT OF
DESIGN AND ENGINEERING PLANS TO EXPAND FIBER
OPTICS IN THE CITY CORE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the proposal submitted by Smart Fiber Networks on January 25, 2024 for the development of design/engineering plans; authorize the Assistant IT Manager to award a professional services agreement to Smart Fiber Networks for said design/engineering services in the amount not to exceed $270,000.
BACKGROUND
The City's Telecommunications division recently completed the development of a fullscale Broadband Master Plan and Business Plan. These documents are vital in order for the City to attract a Public-Private Partnership (P3) with an internet service provider. This Master Plan and Business Plan informs a potential cooperative partner on the scale of our current municipal fiber network, as well as the potential costs associated with expanding the network to our residents and businesses. The next step in competing for a partner is to develop a set of comprehensive design plans that map out the locations of future infrastructure projects, as well as document permitting and engineering requirements necessary to complete the expansion. With these design/engineering documents, both the City and its P3 partner will fully understand the locations and costs associated with bringing our municipal fiber network to our constituents at a price they can afford and with broadband internet speeds far greater than what are currently offered in the area.
ANALYSIS
Professional service awards valued over $15,000 require a formal or informal competitive procurement process. After Council approved the release of the City's Design/Engineering Request for Proposals (RFP) in December 2023, staff formally placed the RFP out for bid in January 2024. Staff formally evaluated the six proposals received and ranked them according to qualifications and pricing submitted in the bid response. The recommended consultant, Smart Fiber Networks, was ranked number one during the evaluation process, as they met the requirements set forth in the RFP as
AWARD PROFESSIONAL SERVICES AGREEMENT TO SMART FIBER NETWORKS FOR $270,000
FOR THE DEVELOPMENT OF DESIGN AND ENGINEERING PLANS TO EXPAND FIBER OPTICS
IN THE CITY CORE
- 2 -
well as submitting an acceptable bid price that was within the available grant funding earmarked for this project. The bid submission for this project also includes all elements required in our requested scope of work.
FISCAL IMPACT
The development of design plans and engineering drawings associated with this project are funded exclusively by our LATA grant funding and those funds are allocated into the Capital Improvement Program under project IT00003. The estimated fiscal need for this project is $270,000 to complete the submitted scope of work, and this action has been approved for reimbursement by the California Public Utilities Commission (CPUC). Smart Fiber Networks will bill the City monthly for services rendered, and the City will submit for reimbursement from the CPUC after the project is completed. No budget action is required by the City in order to proceed with the proposed professional services award.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the awarding of a professional services agreement 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
Council can reject the recommendation and direct staff to pursue other options for design and engineering services for our municipal fiber network expansion. Other options include restricting the scope of work on a new Request for Proposals to only design our underground infrastructure, which may meet the expectations of a potential Public-Private Partner. Because the City has secured grant funding to support the full bid amount for the requested action, the alternative option is not recommended.
NEXT STEPS
Upon authorization from Council, staff will immediately award the professional services agreement to Smart Fiber Networks and a Notice to Proceed (NTP) will be issued within 14 calendar days. The consultant is able to begin the scope of work immediately following the signed agreement and issuance of the NTP.
ATTACHMENTS
1. Smart Fiber Networks - Proposal RFP Response 1-25-24
2. Professional Services Agreement - Smart Fiber<>City of Shafter
CITY OF SHAFTER
RFP RESPONSE
Fiber Network Design Services
1 Smart Fiber Networks
400 Santa Clara St.
Vallejo, CA 94590
888-793-4237
January 25th, 2024
City of Shafter, California
Smart Fiber Networks Response to RFP Fiber Network Design Services Please find enclosed the Smart Fiber Networks response to the City of Shafter’s Request for Proposal for Fiber Network Design Services to offer high-speed fiber-optic communications services to residential and commercial users.
Smart Fiber Networks was established to primarily focus on building, operating, and growing Open Access Networks. To ensure the future, we want to:
1. Future Proof Speed — Build new infrastructure with the most advanced capacity that will be relevant for decades to come.
2. Enhance Competition & Choice — Increase competition and free end-users from being beholden to incumbent providers.
3. Bridge the Digital Divide - Provide sustainable long-term solutions to help the socioeconomically disadvantaged.
Smart Fiber Network’s core competencies lie in the design, construction, marketing, and ongoing operations of fiber and wireless networks using the latest technologies. Over the last decade, our management team has designed and constructed thousands of miles of telecommunications cables and point-to-point wireless. We are a group of dedicated individuals who have all been in the telecommunications, technology, and construction industries for over 20 years and have vast experience in overseeing the day-to-day operations of multiple ISPs and managing the construction of new fiber and wireless networks. I have no doubt that our team can deliver high-speed and low-cost services that will benefit your city.
Sincerely,
Stephen Stukas
CEO, Smart Fiber Networks
2 Table of Contents
Table of Contents 2
Smart Fiber Networks Background 3
A highlight of networks designed, built, or managed in California: 3 Sub-contractor, Partners, and other Relationships 4
Strategies Deployed: 4
Smart Fiber Networks Management Team 5
EXHIBIT A- Smart Fiber Network Proposal Scope 6
Review of Project Information – 6
Network Design and Engineering – 6
Biological and Cultural Field Reviews – 6
Project Monitoring – 7
Project Management and Support – 7
EXHIBIT B- Cost Proposal 8
Financials: 8
EXHIBIT C- Project Process and Timeline 10
Process Breakdown: 11
Phase 1: Engineering and Research 11
Phase 2: Network Design 11
Phase 3: Fielding 11
Phase 4: Permitting 12
Phase 5: Permit Approval 12
Phase 6: As-builts 12
EXHIBIT D- References 13
References 14
3 Smart Fiber Networks Background
Smart Fiber Networks was established in 2021, primarily focusing on building and managing Open Access Networks. We want to fundamentally change how fiber infrastructure is delivered and create more choices in the market for the underserved and undersupported. Our dedicated team of individuals has been in the telecommunications, technology, and construction industries for over 20 years. It has a range of experience, from overseeing the day-to-day operations of multiple ISPs and managing the construction of new fiber and wireless networks to leveraging successful contract partnerships to meet financial milestones. In short, we provide a clear roadmap to deliver a turnkey solution.
We have successfully designed, built, and managed both layer one fiber plant and point-to-point wireless and layer two network equipment that delivers up to 10G, symmetric high-speed Internet service. We have significant background and experience in implementing community-driven open-access networks. In addition to offering full turnkey “white label” ISP services, we work with cities and private partners to implement smart city initiatives – 5G, IoT, telehealth, traffic lights/cameras, and public WiFi for community betterment. Our plans include assessing the long-term financial viability of your fiber network deployment and providing a business model (ROI) to support public-private partnerships that make open-access fiber networks successful.
Smart Fiber Networks holds a C-7 license with CSLB, ARIN ID number, and a CPCN license in partnership issued by the CPUC.
Collectively, we’ve been an integral part of establishing and growing the open-access business model with several California-based initiatives, including ● LIT San Leandro, a public-private partnership in San Leandro, CA, established to build a fiber-optic loop, which has been instrumental in attracting a new generation of companies to San Leandro. That partnership now provides the fastest broadband speeds in the nation.
Smart Fiber Networks team members have been involved in various aspects, from business development and technical operations to project construction.
● The EmeryConnect program is a public-private partnership in Emeryville, CA. Smart Fiber Networks teammates were involved in the ongoing operations and the city relationship.
● OpenFiber/ Open5G (in Atherton, CA) delivers an industry-leading technology as an open and frictionless platform, with a simple-to-use system allowing service providers to focus on running and growing their network. Smart Fiber Networks team members have been involved from the inception of both companies and still are an integral part of the team to
4 this day.
● Smart Fiber Networks has worked with Arcadian Infracom to help design a new FTTH network for Pueblo of Laguna Utility Authority to serve their six communities within the reservation in New Mexico.
● We currently have our own fiber backhaul from Benicia, CA, through the East Bay, passing through Fremont and ending at 11 Great Oaks in San Jose. This passes through several core data centers along the route. ● A public-private partnership consulting with the City of Vallejo, where our Smart Fiber Networks team assists in the future migration from their existing network to an open-access friendly setup. We have launched a white-label ISP called VIP Fiber on the City’s behalf and operate the day-to-day services.
●
A highlight of networks designed, built, or managed in California:
Network: Atherton Fiber
Homes passed: 3000 residential
Take-rate: 30%
Subscriber count: 800
Products: 100Mbps; 500Mbps; 1Gbps; 10Gbps
Services: Dedicated and GPON
ISPs: 3
Network: LIT San Leandro
Miles of Fiber: 105
Take-rate DF: 22%
Products: Dark Fiber
Sub-contractor, Partners, and other Relationships
● ISP - Syber Fiber, LMI, Atherton Fiber, Monkey Brains, Race, Open 5G ● FOS - Fiber technicians
● EDTTec - Aerial Construction
● Two P: Pozar + Peterson - Network engineering
● EntryPoint Networks- Open Access Networks Software Platform ● Bridge the digital divide
○ California Emerging Tech Fund (CETF) - Has spent the last decade forging partnerships and fostering public policy statewide to close the Digital Divide.
○ StreetCode Academy – Empower communities of color with the skills, mindsets, and networks to use tech and innovation to fulfill their full potential.
5 Smart Fiber Networks Management Team
Steve Stukas- CEO
Steve worked in telecom for over 20 years, having
coordinated large-scale fiber operations and new and
upgrade telecommunications construction projects,
all from the perspective of a contractor, stakeholder,
and business owner. He has also directly managed
and launched several public-private partnership
projects in California, including EmeryConnect and
LIT San Leandro.
Shawn Ronich- CNO
Shawn is a multidisciplinary engineer with over 20
years of experience in planning and designing fiber
networks. He has designed for public and private
clients worldwide. Regardless of size, he can plan,
design, and engineer projects to positively impact
their surroundings and strengthen their communities.
Samantha Edeen- COO
Samantha has been an Operations and People
Director in the telecom industry for 15 years, running
logistics and daily business operations for teams
spanning hundreds of miles throughout various
regions. She has experience managing various
teams ranging from project managers, construction
field crews, customer installers, and all the necessary support personnel. In addition to her operations
expertise, she has a background in human relations
and brings a unique people-centric focus that is
integral to the team's success.
6 EXHIBIT A- Smart Fiber Network Proposal Scope
We have reviewed the proposed City Core Area details and have outlined the following tasks to accomplish the requested Fiber Network Design work:
● Review of Project Information –
Our team and supporting partners will review the available maps, design parameters and other network information (existing infrastructure can be City-owned parcels, City-owned conduit, City-owned light poles, City-owned traffic lights, etc.). We will confirm the tasks necessary to accomplish the work and determine the maps and materials needed for the initial field review.
● Network Design and Engineering –
Once the project review has been completed, our team and supporting partners will review the updated maps and gather field data. Smart Fiber Networks will provide complete design, engineering, and construction work packages with all necessary permit packages and Bills of Materials (BOMs) for materials to complete engineering and construction work packages. Work will include all base mapping and design of the network in GIS as well as gathering attribute data, managing the relationships with all permit authorities having jurisdiction, strand and conduit mapping, completing and submitting all pole applications, providing permit and construction drawings for the network, obtaining all construction permits of the OSP network, providing updated as-built documentation as required to complete the project closeout, and program management as necessary to complete an execution plan and schedule for the build. All work shall be designed and engineered to meet GO95 and GO128 requirements as applicable, as well as the standards and requirements of the City. California Environmental Quality Act (CEQA) permitting costs are included as a regulatory Consultant's fee; this cost could be removed if not needed. ● Biological and Cultural Field Reviews –
NOT INCLUDED in this bid, but could be added if needed. Smart Fiber Networks’ partner biologists and archaeologists will start by conducting a desktop review of the known sensitive resources and locations to identify possible areas of interest. After a field review focused on identifying potential sensitive habitats and sites of archaeological interest, we will provide the City with a report and maps that assess the potential for impact as part of the network construction and recommend necessary survey or avoidance protocols as needed during the construction phase. It is expected that due to the urban locations of the work, field investigations may not be necessary for substantial portions of the work. Based on the information obtained by our team, Smart Fiber Networks will prepare, as necessary, Biological Preconstruction Survey Checklist and Archeological Preconstruction Survey Checklist reports and supporting documentation for inclusion with the Notice Before Construction application.
7 ● Project Monitoring –
In areas where project activities may result in habitat disturbance or potentially impact known sensitive resources, Smart Fiber Networks will provide onsite monitoring of construction activities to ensure compliance with protocols to protect environmentally sensitive areas.
● Project Management and Support –
Smart Fiber Networks shall leverage their experience, available resources, industry best practices, and judgment to perform value engineering throughout the project. We will coordinate work as necessary with selected deployment crews, City personnel, and any affected businesses, schools, municipal agencies, residents, or others that the work may impact.
We plan to provide a cost estimate for construction management services if needed.
This would involve a project manager rate and a field service technician rate.
We expect that the design and engineering we provide will result in a project that meets the City's objectives and that is cost-effective to build, has a long service life, and is low-cost to operate and maintain over the service life of the network. We shall project manage all design aspects and would be open to managing the build as a turnkey project. We would be interested in applying if there is an opportunity to submit another proposal or SOW as a turnkey project.
8 EXHIBIT B- Cost Proposal
Financials:
We break down estimated construction costs on a per-project setup and are flexible in prioritizing builds based on current construction constraints and timelines and by City preferences relating to project ROI. Smart Fiber Networks proposes to bill the actual time and expenses incurred but will not exceed approved estimates without specific written authorization. Smart Fiber Networks will invoice costs monthly on a time and materials basis.
SFN Hourly Rates
Professional Hourly Rate
Overhead and Profit
Rate
Senior Engineering and Consulting
CEO/ Regulatory Consultant $188 $250
President/ PE $188 $250
Engineering
Engineering VP $169 $225
Senior Engineer/ SME $146 $195
Senior Engineering Staff Level 2 $131 $175
Senior Engineering Staff Level 1 $124 $165
Engineering Staf Level 3 $124 $165
Engineering Staf Level 2 $109 $145
Engineering Staf Level 1 $101 $135
Field Service Technician Level 3 $116 $155
Field Service Technician Level 2 $105 $140
Field Service Technician Level 1 $94 $125
Outside Plant
Outside Plant VP $169 $225
Senior OSP/ SME $146 $195
OSP Staff Level 6 $116 $155
OSP Staff Level 5 $109 $145
OSP Staff Level 4 $101 $135
9 OSP Staff Level 3 $94 $125
OSP Staff Level 2 $90 $120
OSP Staff Level 1 $83 $110
ROW/ Easment Staff $83 $110
Revenue Consulting
Consulting VP $169 $225
Senior Consultant / SME $146 $195
Senior Analyst Level 3 $116 $155
Senior Analyst Level 2 $109 $145
Senior Analyst Level 1 $101 $135
Telecom Analyst $90 $120
Telecom Analyst Assistant $83 $110
CAD Operations
Director of CAD $146 $195
CAD Technician Level 3 $83 $110
CAD Technician Level 2 $75 $100
CAD Technician Level 1 $68 $90
Other
Contracts Administrator $75 $100
Administrative Assistant $68 $90
Core Area Pricing:
The table below outlines Smart Fiber Networks estimated cost to successfully Design and Engineer a Fiber Network for the City of Shafter’s selected core area of the within the city limits west of Cherry Ave.
This estimate covers the range of up to 6,000 passings as detailed in the RFP core area detail.
Notes:
● Permitting costs are not included in the estimates and would be performed on time and expense.
● Pricing does not include costs of incurring aerial photography if needed. ● If Make Ready and pole study analysis is to be conducted, a charge of $150 per pole would be accrued as a separate charge. This would be under the Pole agreement of an approved P3 partner.
10 EXHIBIT C- Project Process and Timeline
Process Breakdown:
● Phase 1: Engineering and Research
This process takes about 1-2 weeks per Distribution Area, depending on size.
Basemap creation, online parcel research, route and method of construction determination, underground/aerial breakdowns, and house cou field verification.
Milestone Deliveries: Basemap, Parcel Research Data, Raw Field Data, Final House Count, Estimate of Route Miles, Breakdown of Aerial/Buried (could be changed due to pole loading, make-ready, etc.)
● Phase 2: Network Design
Network Design is completed for all Distribution Areas(s). This process takes about 2-4 weeks.
Cabinet location determinations, Distribution Area boundary determinations, fiber sizing, splicing schematics, and bill of materials creation.
Milestone Deliveries: Distribution Area boundaries, Cabinet Location Determinations, Bill of Materials, Estimated Splicing Quantities Details, Fiber Design
● Phase 3: Fielding
This process takes about 1-2 weeks per Distribution Area, depending on size.
Complete field data collection is necessary for permit applications and construction drawings. This includes all required dimensions of underground construction, heights of attachments, and pole information necessary for pole loading and possible AT&T/PG&E/JPA applications.
Milestone Deliveries: Field Progress Updates, AT&T/PG&E/JPA Record Collection, Fielding Data
11 ● Phase 4: Permitting
Completed by Distribution Area. Depending on size, this process takes about 3-6 weeks per Distribution Area.
Obtain relevant substructure records for underground permits. Obtain records from AT&T/PG&E/JPA for pole loading, UG Conduit, and permit application processing. Pole loading and permit application creation. Creation of required traffic control plans. Submittal of required permits. Splicing Schematics.
Milestone Deliveries: Share AT&T/PG&E/AHJ Records Obtained, Final Permitting Packages Ready for Submittal, Splicing Schematics ● Phase 5: Permit Approval
Completed by Distribution Area. Turnaround time is dependent on necessary permitting agencies.
Approval of permit applications and issuance of construction drawings to crews.
Milestone Deliverable: Approved Permits, Construction Drawings ● Phase 6: As-builts
Completed by Distribution Area, and once network construction is complete.
Implementation of redlines and build alterations done in the field. The creation and insertion of final plant records into the City’s selected GIS system.
Milestone Deliveries: Confirmed As-built records input to the City's GIS system
12
13 EXHIBIT D- References
Smart Fiber Networks has been in operation since early 2021 and provides a range of services from the design and engineering of fiber networks through their construction and daily operation. Our core team and a range of trusted contract partners vary by region to support all aspects of fiber network operations. We currently operate out of our central office in Vallejo, California. We have no outstanding or future threat of litigation and have no outside shareholder/ investor debts. Our team does not have or is not aware of any potential conflicts of interest that would impact our ability to perform the necessary work requested in reply to this RFP.
The award shall be based upon the evaluation criteria included with this document.
Where there is a discrepancy between words and figures, WORDS SHALL GOVERN.
The undersigned Vendor agrees to provide fiber network design services in accordance with the specifications. I/We have stated herein the services and fees that I/we will furnish and deliver as specified.
_____________________________
Name of Vendor (Person, firm, Corp.)
_____________________________
Address
_____________________________
Telephone
_____________________________
Email
_____________________________
Name and Title (Print)
_____________________________
Signature of Authorized Representative
_____________________________
Date
14 References
Reference 1:
Agency Name: Bay Area Fiber
Department Name:
Address: 5758 Geary Blvd #423, San Francisco CA 94121
Contact Person: Edwin Alphonso
Title: Director of Operations
Telephone Number: 510-458-9862
E-Mail Address: [email protected]
General Description of Services
Performed:
Construction Consultation, Business Development,
Network Design and Engineering, Industry regulation
consultation, Project Management
Dates for Performance (Project
Duration in Months)
January 2021 through present
Reference 2:
Agency Name: LIT San Leandro
Department Name:
Address: 777 Davis St Suite 105, San Leandro CA 94577
Contact Person: Gurjit Pandher
Title: General Manager
Telephone Number: 510-560-3052
E-Mail Address: [email protected]
General Description of Services
Performed:
Construction Consultation, Business Development,
Network Design and Engineering, Industry regulation
consultation, Project Management
Dates for Performance (Project
Duration in Months)
January 2021 through present
15 Reference 3:
Agency Name: TwoP
Department Name:
Address:
Contact Person: Matt Peterson
Title: Operations Director
Telephone Number: 628-245-1620
E-Mail Address: [email protected]
General Description of Services
Performed:
Construction Consultation, Industry regulation
consultation, Project Management
Dates for Performance (Project
Duration in Months)
January 2021 through present
Reference 4:
Agency Name: City Of Vallejo
Department Name:
Address:
Contact Person: Naveed Ashraf
Title: CIO
Telephone Number: 707-590-3324
E-Mail Address: [email protected]
General Description of Services
Performed:
P3 Contract
Dates for Performance (Project
Duration in Months)
January 2020 through present
16 We welcome any opportunity to further discuss this opportunity in more detail. Please feel free to reach out and set up a meeting with our team. Ultimately, independent-based broadband is the best investment for future generations' needs, and we strive to make broadband a reality for everyone.
Steve Stukas- [email protected]
Shawn Ronich- [email protected]
Samantha Edeen- [email protected]
1 CITY OF SHAFTER
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of April 17, 2024 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 Smart Fiber Networks, a Corporation with its principal place of business at 400 Santa Clara St, Vallejo, CA 94590 (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:
Development of a Broadband Master Plan and creation of a Request for Proposal (RFP) for Design Engineering Support Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A”.
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 $270,000 USD. 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
2 such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term
The term of this Agreement shall be from April 17, 2024 to September 30, 2024, 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”). The Notice to Proceed shall set forth the date of commencement of work.
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 nonperforming 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.
3 9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. 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 exclusion for claims or suits by one
4 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 self-insured 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 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
5 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 $1,000,000 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. 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.
6 (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.
(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
7 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 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,
8 alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, 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 subsubconsultants 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 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
9 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 States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Shafter
336 Pacific Avenue
Shafter, California 93263
Attn: Chris Schultz, Telecommunications
CONSULTANT:
Smart Fiber Networks
400 Santa Clara Street
Vallejo, CA 94590
Attn: Stephen Stukas, CEO
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.
10 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
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.
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,
11 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]
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SHAFTER
AND SMART FIBER NETWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SHAFTER SMART FIBER NETWORKS
By: By:
Gabriel Gonzalez
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
13 EXHIBIT A
Scope of Services
• Phase 1: Engineering and Research
This process takes about 1-2 weeks per Distribution Area, depending on size.
Basemap creation, online parcel research, route and method of construction determination, underground/aerial breakdowns, and house cou field verification.
Milestone Deliveries: Basemap, Parcel Research Data, Raw Field Data, Final House Count, Estimate of Route Miles, Breakdown of Aerial/Buried (could be changed due to pole loading, make-ready, etc.)
• Phase 2: Network Design
Network Design is completed for all Distribution Areas(s). This process takes about 2-4 weeks.
Cabinet location determinations, Distribution Area boundary determinations, fiber sizing, splicing schematics, and bill of materials creation.
Milestone Deliveries: Distribution Area boundaries, Cabinet Location Determinations, Bill of Materials, Estimated Splicing Quantities Details, Fiber Design
• Phase 3: Fielding
This process takes about 1-2 weeks per Distribution Area, depending on size.
Complete field data collection is necessary for permit applications and construction drawings. This includes all required dimensions of underground construction, heights of attachments, and pole information necessary for pole loading and possible AT&T/PG&E/JPA applications.
Milestone Deliveries: Field Progress Updates, AT&T/PG&E/JPA Record Collection, Fielding Data
• Phase 4: Permitting
Completed by Distribution Area. Depending on size, this process takes about 3-6 weeks per Distribution Area.
Obtain relevant substructure records for underground permits. Obtain records from AT&T/PG&E/JPA for pole loading, UG Conduit, and permit application processing. Pole loading and permit application creation. Creation of required traffic control plans. Submittal of required permits. Splicing Schematics.
Milestone Deliveries: Share AT&T/PG&E/AHJ Records Obtained, Final Permitting Packages Ready for Submittal, Splicing Schematics
14 • Phase 5: Permit Approval
Completed by Distribution Area. Turnaround time is dependent on necessary permitting agencies.
Approval of permit applications and issuance of construction drawings to crews.
Milestone Deliverable: Approved Permits, Construction Drawings • Phase 6: As-builts
Completed by Distribution Area, and once network construction is complete.
Implementation of redlines and build alterations done in the field. The creation and insertion of final plant records into the City’s selected GIS system.
Milestone Deliveries: Confirmed As-built records input to the City's GIS system.
15 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, and the Consultant is aware of the approved award amount not to exceed $270,000. This is a time-and-materials contract.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: April 16, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Marco Martinez, City Attorney
SUBJECT: AUTHORITY TO SUBMIT LETTER TO THE CALIFORNIA HIGH
SPEED RAIL AUTHORITY IN SUPPORT OF AMENDMENTS TO
THE EXISTING SETTLEMENT AGREEMENT WITH THE CITY OF
SHAFTER SPECIFICALLY FOR DESIGN MODIFICATIONS AT
TWO CROSSINGS, POPLAR AVE AND BEECH AVE
RECOMMENDATION
City Council find the action is not subject to the California Environmental Quality Act; consider submitting a letter to the California High Speed Rail Authority (HSR Authority) in support of amendments for design modifications at two crossings, Poplar Ave and Beech Ave, to the existing settlement agreement between HSR Authority and the City of Shafter; and authorize the Mayor and City Manager to sign the letter on behalf of the City Council.
BACKGROUND
Authority over environmental concerns resulting from a segment of the proposed route of the High Speed Rail (HSR) Project through the City of Shafter (City of Shafter v.
California High- Speed Rail Authority; Sacramento County Superior Court Case No. 34- 2014-80001908)( the "Shafter Lawsuit"). The Shafter Lawsuit was settled in October of 2018 when both parties agreed to enter into a settlement agreement that required Shafter to drop its lawsuit and required the HSR to agree to implement design variations and undertake certain improvements in Shafter for the portion of the HSR Project in the City of Shafter.
Recently. City officials learned that there is an opportunity to revisit the settlement agreement with the HSR Authority to make changes that could be beneficial to the City. The purpose of this agenda item is to request authorization for the drafting of a letter (for the Mayor’s signature) that would support such changes.
ANALYSIS
The California High-Speed Rail Project (HSR Project) is a publicly funded high-speed rail system being developed by the California High-Speed Rail Authority (HSR Authority). Phase 1 of the HSR Project, about 494 miles long, is planned to run from San Francisco to Los Angeles and Anaheim via the Central Valley (through Shafter), and is partially funded and under construction. A proposed Phase 2 would extend the
AUTHORITY TO SUBMIT LETTER TO THE CALIFORNIA HIGH SPEED RAIL AUTHORITY IN
SUPPORT OF AMENDMENTS TO THE EXISTING SETTLEMENT AGREEMENT WITH THE CITY OF
SHAFTER SPECIFICALLY FOR DESIGN MODIFICATIONS AT TWO CROSSINGS, POPLAR AVE
AND BEECH AVE
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system north to Sacramento and south to San Diego, for a total of 776 miles.
Construction of Phase 1 began in the Central Valley in 2015. At the time, Phase I was proposed, the HSR Authority conducted environmental studies for the planned route, including the portion of the route traveling through Shafter. The City became concerned with environmental and other impacts of the route construction through Shafter and filed a lawsuit in June of 2014.
While the Shafter Lawsuit proceeded, the City identified alternative design variations for the route through Shafter, including the addition of certain streets grade separations (from both high speed rail and the adjacent BNSF rail line), and the closure of certain streets. The City and the HSR Authority cooperated to develop technical elements of the alternative design variations and cooperated in amending the required environmental documents for this segment of the HSR Project. As a result, the parties cooperated in implementing a settlement agreement that required Shafter to drop its lawsuit and required the HSR Authority to pursue the design variation requested by Shafter. The lawsuit was settled in October of 2018 and Shafter subsequently dropped its lawsuit.
Recently, City officials became aware that there is an opportunity to pursue additional changes in the approved design variations agreed to by the HSR Authority in the settlement agreement. In order to more fully pursue these, it is recommended that the City send a letter to the HSR Authority from the entire Council requesting pursuit of these options (likely in an amendment to the approved settlement agreement or other side agreement).
FISCAL IMPACT
There is no significant fiscal impact resulting from the preparation of letter of support.
CEQA ANALYSIS
The action is not subject to the California Environmental Quality Act (CEQA) because it is not defined as a "Project" pursuant to Section 15378(b)(5) of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
1. Do not approve the Letter of Support; or
2. Provide alternative direction
NEXT STEPS
City Staff will prepare a letter for the Mayor's and City Manager’s signature.
ATTACHMENTS
None
AUTHORITY TO SUBMIT LETTER TO THE CALIFORNIA HIGH SPEED RAIL AUTHORITY IN
SUPPORT OF AMENDMENTS TO THE EXISTING SETTLEMENT AGREEMENT WITH THE CITY OF
SHAFTER SPECIFICALLY FOR DESIGN MODIFICATIONS AT TWO CROSSINGS, POPLAR AVE
AND BEECH AVE
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