Door Schedule
Project : SHAFTER CITY HALL AUTO DOORS Print Date : 12/27/2023 Page: 1 of 1 Control #:2326
SpecWorks™ DRSCH61 11:01:26 AM, 10/12/2023
Qty Mark Arch Door No. HwSet Mode Width Height Thick DrType FrType Rating OUTSIDELOCATION INSIDELOCATION 1 01 01 01 PR 6'0" 7'0" 1-3/4" HMD XHMF NON-RTD EXTERIOR LOBBY 1 02 02 02 PR 6'0" 7'0" 1-3/4" WD XHMF NON-RTD LOBBY COUNCIL CHAMBERS 1 03 03 03 SGL 3'0" 7'0" 1-3/4" HMD XHMF NON-RTD EXTERIOR 1 04 04 04 SGL 3'0" 7'0" 1-3/4" WD XHMF NON-RTD
1 05 05 05 PR 6'0" 7'0" 1-3/4" HMD XHMF NON-RTD EXTERIOR 1 06 06 04 SGL 3'0" 7'0" 1-3/4" WD XHMF NON-RTD
1 07 07 06 PR 6'0" 7'0" 1-3/4" WD WDF NON-RTD EXTERIOR
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SECTION 08 71 00
DOOR HARDWARE
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Door Hardware, including electric hardware.
2. Power supplies for electric hardware.
3. Low energy door operators plus actuators.
B. Related Sections:
1. Section 06 20 00 - Finish Carpentry: Finish Hardware Installation
2. Section 07 90 00 - Joint Sealers – exterior thresholds
3. Section 08 10 00 - Metal Doors and Frames
4. Section 08 20 00 - Wood Doors
5. Section 26 00 0 - Electrical Power
6. Section 28 13 00 – Access Control
C. Specific Omissions: Hardware for the following is specified or indicated elsewhere.
1. Windows.
2. Cabinets, including open wall shelving and locks.
3. Signs, except where scheduled.
4. Toilet accessories, including grab bars.
5. Installation.
6. Rough hardware.
7. Conduit, junction boxes & wiring.
8. Folding partitions, except cylinders where detailed.
9. Sliding aluminum doors, except cylinders where detailed.
10. Access doors and panels, except cylinders where detailed.
11. Corner Guards.
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1.2 REFERENCES:
Use date of standard in effect as of Bid date.
A. American National Standards Institute – ANSI 156.18 – Materials and Finishes.
B. BHMA – Builders Hardware Manufacturers Association
C. DHI – Door and Hardware Institute
D. NFPA – National Fire Protection Association
1. NFPA 80 – Fire Doors and Windows
2. NFPA 105 – Smoke and Draft Control Door Assemblies
3. NFPA 252 – Fire Tests of Door Assemblies
E. UL – Underwriters Laboratories
1. UL10C – Positive Pressure Fire Tests of Door Assemblies.
2. UL 305 – Panic Hardware
F. WHI – Warnock Hersey Incorporated
G. State of California Building Code
H. Local applicable codes
I. SDI – Steel Door Institute
J. WI – Woodwork Institute
K. AWI – Architectural Woodwork Institute
L. NAAMM – National Association of Architectural Metal Manufacturers
1.3 SUBMITTALS & SUBSTITUTIONS
A. SUBMITTALS: Submit six copies of schedule per Division 1. Only submittals printed one sided will be accepted and reviewed. Organize vertically formatted schedule into “Hardware Sets” with index of doors and headings, indicating complete designations of every item required for each door or opening. Include following information:
1. Type, style, function, size, quantity and finish of hardware items.
2. Use BHMA Finish codes per ANSI A156.18.
3. Name, part number and manufacturer of each item.
4. Fastenings and other pertinent information.
5. Description of door location using space names and numbers as published in the drawings.
6. Explanation of abbreviations, symbols, and codes contained in schedule.
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7. Mounting locations for hardware.
8. Door and frame sizes, handing, materials, fire-rating and degrees of swing.
9. List of manufacturers used and their nearest representative with address and phone number.
10. Catalog cuts.
11. Wiring Diagrams.
12. Manufacturer’s technical data and installation instructions for electronic hardware.
13. Date of jobsite visit.
B. Bid and submit manufacturer’s updated/improved item if scheduled item is discontinued.
C. Deviations: Highlight, encircle or otherwise identify deviations from “Schedule of Finish Hardware” on submittal with notations clearly designating those portions as deviating from this section.
D. If discrepancy between drawings and scheduled material in this section, bid the more expensive of the two choices, note the discrepancy in the submittal and request direction from Architect for resolution.
E. Substitutions per Division 1. Include product data and indicate benefit to the Project. Furnish operating samples on request.
F. Furnish as-built/as-installed schedule with closeout documents, including keying schedule, wiring diagrams, manufacturers’ installation, adjustment and maintenance information, and supplier’s final inspection report.
1.4 QUALITY ASSURANCE:
A. Qualifications:
1. A recognized architectural door hardware supplier with warehousing facilities in the Project's vicinity that has a record of successful in-service performance for supplying door hardware that is similar in quantity, type, and quality to that specified for this Project, and who employs an experienced architectural hardware consultant who is available to Owner, Architect, and Contractor, at reasonable times during the course of the Work, for consultation. a) Responsible for detailing, scheduling and ordering of finish hardware. Detailing implies that the submitted schedule of hardware is correct and complete for the intended function and performance of the openings.
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B. Hardware: Free of defects, blemishes and excessive play. Obtain each kind of hardware (latch and locksets, exit devices, hinges and closers) from one manufacturer.
C. Exit Doors: Operable from inside with single motion without the use of a key or special knowledge or effort.
D. Furnish hardware items required to complete the work in accordance with specified performance level and design intent, complying with manufacturers’ instructions.
1.5 DELIVERY, STORAGE AND HANDLING:
A. Delivery: coordinate delivery to appropriate locations (shop or field).
1. Permanent keys and cores: secured delivery direct to Owner’s representative.
B. Acceptance at Site: Items individually packaged in manufacturers’ original containers, complete with proper fasteners and related pieces. Clearly mark packages to indicate contents, locations in hardware schedule and door numbers.
C. Storage: Provide securely locked storage area for hardware, protect from moisture, sunlight, paint, chemicals, dust, excessive heat and cold, etc.
1.6 PROJECT CONDITIONS AND COORDINATION:
A. Where exact types of hardware specified are not adaptable to finished shape or size of members requiring hardware, provide suitable types having as nearly as practical the same operation and quality as type specified, subject to Architect’s approval.
B. Coordination: Coordinate hardware with other work. Furnish hardware items of proper design for use on doors and frames of the thickness, profile, swing, security and similar requirements indicated, as necessary for proper installation and function, regardless of omissions or conflicts in the information on the Contract Documents. Furnish related trades with the following information:
1. Location of embedded and attached items to concrete.
2. Location of wall-mounted hardware, including wall stops.
3. Location of finish floor materials and floor-mounted hardware.
4. Locations for conduit and raceways as needed for electrical and electronic hardware items. Point-to-point wiring diagrams plus riser diagrams to related trades.
5. Manufacturer templates to door and frame fabricators.
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C. Check Shop Drawings for doors and entrances to confirm that adequate provisions will be made for proper hardware installation. Do not order hardware until the submittal has been reviewed by the frame and door suppliers for compatibility with their products.
D. Prior to submittal, carefully inspect existing conditions at each opening to verify finish hardware required to complete Work, including sizes, quantities, existing hardware scheduled for re-use, and sill condition material. If conflict or incompatibility between the specified/scheduled hardware and existing conditions, submit request for direction from Architect. Include date of jobsite visit in the submittal.
1. Submittals prepared without thorough jobsite visit by qualified hardware expert will be rejected as non-compliant.
1.7 WARRANTY:
A. Part of respective manufacturers’ regular terms of sale. Provide manufacturers’ written warranties:
1. Locksets: Three years
2. Exit Devices: Three years mechanical
One year electrical
3. Closers: Ten years mechanical
Two years electrical
4. Other Hardware Two years
1.8 COMMISSIONING:
A. Conduct these tests prior to request for certificate of substantial completion:
1. With installer present, test door hardware operation with climate control system and stairwell pressurization system both at rest and while in full operation.
2. With installer, access control contractor and electrical contractor present, test electronic hardware systems for satisfactory operation.
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PART 2 PRODUCTS
2.1 MANUFACTURERS:
A. Manufacturers and their abbreviations used in this schedule:
IVE H. B. Ives
LCN LCN Closers
SCH Schlage Lock Company
SCE Schlage Electronics
VON Von Duprin
ZER Zero International
2.2 HINGING METHODS:
A. Drawings typically depict doors at 90 degrees, doors will actually swing to maximum allowable. Use wide-throw conventional or continuous hinges as needed up to 8 inches in width to allow door to stand parallel to wall for true 180-degree opening. Advise architect if 8-inch width is insufficient.
B. Conform to manufacturer’s published hinge selection standard for door dimensions, weight and frequency, and to hinge selection as scheduled.
Where manufacturer’s standard exceeds the scheduled product, furnish the heavier of the two choices, notify Architect of deviation from scheduled hardware.
C. Conventional Hinges: Steel or stainless steel pins and concealed bearings. Hinge open widths minimum, but of sufficient throw to permit maximum door swing.
1. Outswinging exterior doors: non-ferrous with non-removable (NRP) pins and security studs.
2. Non-ferrous material exteriors and at doors subject to corrosive atmospheric conditions.
2.3 LOCKSETS, LATCHSETS:
A. Extra Heavy Duty Cylindrical Locks and Latches: as scheduled.
1. Chassis: cylindrical design, corrosion-resistant plated cold-rolled steel, through-bolted.
2. Locking Spindle: stainless steel, integrated spring and spindle design.
3. Latch Retractors: forged steel. Balance of inner parts: corrosionresistant plated steel, or stainless steel.
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4. Latchbolt: solid steel.
5. Backset: 2-3/4" typically, more or less as needed to accommodate frame, door or other hardware.
6. Lever Trim: accessible design, independent operation, spring-cage supported, minimum 2” clearance from lever mid-point to door face.
7. Electric operation: Manufacturer-installed continuous duty solenoid.
8. Strikes: 16 gage curved steel, bronze or brass with 1” deep box construction, lips of sufficient length to clear trim and protect clothing.
9. Lock Series and Design: Schlage ND series, “Rhodes” design.
10. Certifications:
a) ANSI A156.2, 1994, Series 4000, Grade 1.
b) UL listed for A label and lesser class single doors up to 4ft x 8ft.
11. Comply with CBC Section 11B-309.4.
2.4 EXIT DEVICES / PANIC HARDWARE
A. General features:
1. Independent lab-tested 1,000,000 cycles.
2. Push-through push-pad design. No exposed push-pad fasteners, no exposed cavities when operated. Return stroke fluid dampeners and rubber bottoming dampeners, plus anti-rattle devices.
3. 0.75-inch throw deadlocking latchbolts.
4. End caps: impact-resistant, flush-mounted. No raised edges or lips to catch carts or other equipment.
5. No exposed screws to show through glass doors.
6. Non-handed basic device design with center case interchangeable with all functions, no extra parts required to effect change of function.
7. Releasable in normal operation with 5-lb. maximum operating force per California State Fire Marshal Standard 12-10-3, and with 32 lb. maximum pressure under 250-lb. load to the door.
8. Where devices span over door lite frame and the face of the selected lite manufacturer’s frame is raised from the face of the door, furnish panic hardware manufacturer’s fitted shims or glass-bead kits at no additional cost to the project.
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9. Comply with CBC Section 11B-309.4.
2.5 CLOSERS
A. Surface Closers:
1. Full rack-and-pinion type cylinder with removable non-ferrous cover and cast iron body. Double heat-treated pinion shaft, single piece forged piston, chrome-silicon steel spring.
2. ISO 2000 certified. Units stamped with date-of-manufacture code.
3. Independent lab-tested 10,000,000 cycles.
4. Non-sized and adjustable. Place closers inside building, stairs and rooms.
5. Plates, brackets and special templating when needed for interface with particular header, door and wall conditions and neighboring hardware.
6. Adjustable to open with not more than 5.0lbs pressure to open at exterior doors and 5.0lbs at interior doors. As allowed per California Building Code, Section 11B-404.2.9, local authority may increase the allowable pressure for fire doors to achieve positive latching, but not to exceed 15lbs.
7. Separate adjusting valves for closing speed, latching speed and backcheck, fourth valve for delayed action where scheduled.
8. Extra-duty arms (EDA) at exterior doors scheduled with parallel arm units. EDA arms: rigid main and forearm, reinforced elbow.
9. Exterior door closers: tested to 100 hours of ASTM B117 salt spray test, furnish data on request.
10. Exterior doors: seasonal adjustments not required for temperatures from 120 degrees F to -30 degrees F, furnish checking fluid data on request.
11. Non-flaming fluid, will not fuel door or floor covering fires.
12. Pressure Relief Valves (PRV) not permitted.
B. Low-Energy Door Operators: Comply with ANSI/BHMA 156.19 Electric power-open, hydraulically checked spring power closing. Modular construction. Finished metal cover. Field-adjustable opening force, opening speed, time-open, closing and latching speeds. Door reopens and timing cycle restores if system reactuated during closing cycle.
Breakaway clutch protection from forced closing. Door, frame, motor and drive train protected by attenuated initiation of opening cycle.
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1. Self-contained low-voltage power supply, terminal strip and sequencing for incorporation of electric hardware with system operation.
2.6 OTHER HARDWARE
A. Kick Plates: Four beveled edges, .050 inches minimum thickness, height and width as scheduled. Sheet-metal screws of bronze or stainless steel to match other hardware.
B. Door Stops: Provide stops to protect walls, casework or other hardware.
1. Unless otherwise noted in Hardware Sets, provide floor type with appropriate fasteners. Where floor type cannot be used, provide wall type. If neither can be used, provide overhead type.
2. Locate overhead stops for maximum possible opening. Consult with Owner for furniture locations. Minimum: 90deg stop / 95deg deadstop. Note degree of opening in submittal.
C. Seals: Finished to match adjacent frame color. Resilient seal material:
polyurethane, polypropylene, nylon brush, silicone rubber or solid highgrade neoprene as scheduled. Do not furnish vinyl seal material. UL label applied to seals on rated doors. Substitute products: certify that the products equal or exceed specified material’s thickness and durability.
1. Proposed substitutions: submit for approval.
2. Solid neoprene: MIL Spec. R6855-CL III, Grade 40.
3. Non-corroding fasteners at in-swinging exterior doors.
D. Thresholds: As scheduled and per details. Comply with CBC Section 11B-404.2.5. Substitute products: certify that the products equal or exceed specified material’s thickness. Proposed substitutions: submit for approval.
1. Exteriors: Seal perimeter to exclude water and vermin. Use Dow Corning 795 Silicone or approved equal. Non-ferrous 1/4inch fasteners and lead expansion shield anchors, or Red-Head #SFS1420 (or approved equivalent) Flat Head Sleeve Anchors (SS/FHSL).
2. Plastic plugs with wood or sheet metal screws are not an acceptable substitute for specified fastening methods.
3. Fasteners: Generally, exposed screws to be Phillips or Robertson drive. Pinned TORX drive at high security areas. Flat head sleeve anchors (FHSL) may be slotted drive. Sheet metal and wood screws: full-thread. Sleeve nuts: full length to prevent door compression.
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2.7 FINISH:
A. Generally BHMA 613 Oxidized and Oil Rubbed Bronze.
B. Door closers: factory powder coated to match other hardware, unless otherwise noted.
C. Aluminum items: match predominant adjacent material. Seals to coordinate with frame color.
2.8 KEYING REQUIREMENTS:
A. Key System: Schlage keyway, interchangeable core throughout. Key blanks available only from factory-direct sources, not available from aftermarket keyblank manufacturers. For estimate use factory GMK charge.
Initiate and conduct meeting(s) with Owner to determine system keyway(s), keybow styles, and structure. Furnish Owner’s written approval of the system.
1. Existing master key system.
2. Construction keying: furnish temporary keyed-alike cores. Remove at substantial completion and install permanent cylinders/cores in Owner’s presence. Demonstrate that construction key no longer operates.
3. Temporary cylinders/cores remain supplier’s property.
4. Furnish 10 construction keys.
5. Furnish 2 construction control keys.
6. Key Cylinders: furnish 6-pin solid brass construction.
B. Cylinders/cores: keyed at factory of lock manufacturer where permanent records are maintained. Locksets and cylinders same manufacturer.
C. Permanent keys: use secured shipment direct from point of origination to Owner.
1. For estimate: 3 keys per change combination, 5 master keys per group, 5 grand-master keys, 3 control keys.
2. For estimate: VKC stamping plus “Do Not Duplicate”.
D. Bitting List: use secured shipment direct from point of origination to Owner at completion.
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PART 3 - EXECUTION
3.1 ACCEPTABLE INSTALLERS:
A. Can read and understand manufacturers’ templates, suppliers’ hardware schedules and printed installation instructions. Can readily distinguish drywall screws from manufacturers’ furnished fasteners. Available to meet with manufacturers’ representatives and related trades to discuss installation of hardware.
3.2 PREPARATION:
A. Ensure that walls and frames are square and plumb before hardware installation. Make corrections before commencing hardware installation.
B. Locate hardware per SDI-100 and applicable building, fire, life-safety, accessibility, and security codes.
1. Notify Architect of code conflicts before ordering material.
2. Locate levers, key cylinders, t-turn pieces, touchbars and other operable portions of latching hardware between 34 inches to 44 inches above the finished floor, per CBC Section 11B-404.2.7.
3. Where new hardware is to be installed near existing
doors/hardware scheduled to remain, match locations of existing hardware.
C. Overhead stops: before installing, determine proposed locations of furniture items, fixtures, and other items to be protected by the overhead stop's action.
D. Existing frames and doors to be retrofitted with new hardware:
1. Field-verify conditions and dimensions prior to ordering hardware.
Fill existing hardware cut outs not being reused by the new hardware. Remove existing hardware not being reused, return to Owner unless directed otherwise.
2. Patch and weld flush filler pieces into existing door hardware preparations in steel doors and frames, leave surfaces smooth.
3. Glue in solid wood block fillers to fill cut outs in existing wood doors, sand surfaces smooth. Alternatively, use an approved epoxybased wood filler product, submit product data for approval.
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3.3 INSTALLATION
A. Install hardware per manufacturer’s instructions and recommendations.
Do not install surface-mounted items until finishes have been completed on substrate. Set units level, plumb and true to line and location. Adjust and reinforce attachment substrate for proper installation and operation.
Remove and reinstall or replace work deemed defective by Architect.
1. Gaskets: install jamb-applied gaskets before closers, overhead stops, rim strikes, etc; fasten hardware over and through these seals. Install sweeps across bottoms of doors before astragals, cope sweeps around bottom pivots, trim astragals to tops of sweeps.
2. When hardware is to be attached to existing metal surface and insufficient reinforcement exists, use RivNuts, NutSerts or similar anchoring device for screws.
3. Use manufacturers' fasteners furnished with hardware items, or submit Request for Substitution with Architect.
4. Replace fasteners damaged by power-driven tools.
5. Drawings typically depict doors at 90 degrees, doors will swing to maximum allowable. Install door closers to maximum allowable swing in conjunction with door stops.
B. Locate floor stops no more than 4 inches from walls and not within paths of travel. See paragraph 2.2 regarding hinge widths, door should be well clear of point of wall reveal. Point of door contact no closer to the hinge edge than half the door width. Where situation is questionable or difficult, contact Architect for direction.
C. Locate overhead stops for minimum 90 degrees and maximum allowable degree of swing.
D. Drill pilot holes for fasteners in wood doors and/or frames. Centerpunch hole locations before using self-drilling type screws to prevent skating.
Replace screws that are not centered in their holes.
E. Lubricate and adjust existing hardware scheduled to remain. Carefully remove and give to Owner items not scheduled for reuse.
3.4. ADJUSTING
A. Adjust and check for proper operation and function. Replace units, which cannot be adjusted to operate freely and smoothly.
1. Hardware damaged by improper installation or adjustment methods: repair or replace to Owner’s satisfaction.
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2. Adjust doors to fully latch with no more than 1 pound of pressure.
3.5 DEMONSTRATION:
A. Demonstrate mechanical hardware and electronic hardware systems, including adjustment and maintenance procedures.
3.6 PROTECTION/CLEANING:
A. Cover installed hardware, protect from paint, cleaning agents, weathering, carts/barrows, etc. Remove covering materials and clean hardware just prior to substantial completion.
B. Clean adjacent wall, frame and door surfaces soiled from installation/reinstallation process.
3.7 SCHEDULE OF FINISH HARDWARE
A. See door schedule in drawings for hardware set assignments.
HW SET: 01
6 EA HINGE 5BB1 4.5 X 4.5 NRP 613 IVE
1 EA MULLION KR4954 X 2-154 313 VON
1 EA PANIC HARDWARE AXCD98DT X 990DT 313 VON
1 EA PANIC HARDWARE AXCD98NL X 990NL 313 VON
1 EA RIM CYLINDER 20-057-ICX (SPECIFY A, B OR C) 613 SCH 1 EA MORTISE CYLINDER 20-061 ICX (MULLION) 613 SCH
2 EA MORTISE CYLINDER 20-061 ICX XQ11-948 (DOGGING) 613 SCH 4 EA CORE ONLY 23-030 613 SCH
1 EA ASTRAGAL 555AA X 55AA DUR ZER
1 EA SURFACE CLOSER 4111.EDA-SP-CUSH 695 LCN
1 EA AUTO-EQUALIZER 4642 695 LCN
2 EA KICK PLATE 8400 10" X 2" LDW B-CS 695 IVE
1 SET SEALS 188S HEAD AND JAMBS BLK ZER
1 EA MULLION SEAL 8780N BLK ZER
2 EA DOOR SWEEP 39 DUR ZER
1 EA THRESHOLD 545 MSLA-10 DUR ZER
1 EA FULL LENGTH
ACTUATOR
8310-836TW LCN
1 EA BOLLARD ACTUATOR 8310-3836TW 689 LCN
1 EA RECEIVER 8310-865 LCN
DOORS NORMALLY CLOSED AND LOCKED. DOORS UNLOCKED AND DOGGED MECHANICALLY.
AUTO OPERATOR SWITCHED ON/OFF MANUALLY. FREE EGRESS AT ALL TIMES.
AUTO DOOR OPERATOR ON RHR DOOR LEAF.
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HW SET: 02
2 EA CONTINUOUS HINGE 700 600 IVE
2 EA PUSH PLATE 8200 8" X 16" 695 IVE
2 EA PULL PLATE 8302-0 4" X 16" 695 IVE
1 EA ASTRAGAL 555AA X 55AA DUR ZER
1 EA SURFACE CLOSER P4031 695 LCN
1 EA AUTO-EQUALIZER 4642 695 LCN
2 EA KICK PLATE 8400 10" X 2" LDW B-CS 695 IVE
1 EA WALL STOP WS401CVX 613 IVE
1 EA WALL STOP WS404CVX 613 IVE
2 EA FULL LENGTH
ACTUATOR
8310-836TW LCN
1 EA RECEIVER 8310-865 LCN
AUTO DOOR OPERATOR ON RHR DOOR LEAF.
WS404 MOUNTED ON COUNTER
HW SET: 03
3 EA HINGE 5BB1 4.5 X 4.5 NRP 613 IVE
1 EA DOOR CORD 788-18 SCE
1 EA PANIC HARDWARE QELX-RX-98NL X 990NL 313 VON
1 EA RIM CYLINDER 20-057-ICX (SPECIFY A, B OR C) 613 SCH 1 EA CORE ONLY 23-030 613 SCH
1 EA SURFACE CLOSER 4111.EDA-SP-CUSH 695 LCN
1 EA KICK PLATE 8400 10" X 2" LDW B-CS 695 IVE
1 SET SEALS 188S HEAD AND JAMBS BLK ZER
1 EA DOOR SWEEP 39 DUR ZER
1 EA THRESHOLD 545 MSLA-10 DUR ZER
1 EA POWER SUPPLY PS902-2RS SCE
DOORS NORMALLY CLOSED AND LOCKED. DOOR UNLOCKED BY VALID CARD READER OR PROGRAMMED TIME UNLOCK. FREE EGRESS AT ALL TIMES.
HW SET: 04
3 EA HINGE 5BB1 4.5 X 4.5 640 IVE
1 EA DOOR CORD 788-18 SCE
1 EA CORE ONLY 23-030 613 SCH
1 EA EU STOREROOM
LOCK
ND80TDEU RHO RX 643E SCH
1 EA SURFACE CLOSER P4031 695 LCN
1 EA KICK PLATE 8400 10" X 2" LDW B-CS 695 IVE
1 EA DOME STOP FS438 435 436 437 AS REQU'D 613 IVE
1 EA POWER SUPPLY PS902-2RS SCE
DOORS NORMALLY CLOSED AND LOCKED. DOOR UNLOCKED BY VALID CARD READER OR PROGRAMMED TIME UNLOCK. FREE EGRESS AT ALL TIMES.
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HW SET: 05
6 EA HINGE 5BB1 4.5 X 4.5 NRP 613 IVE
2 EA DOOR CORD 798-18 SCE
1 EA MULLION KR4954 X 2-154 313 VON
1 EA PANIC HARDWARE QELX-LX-RX-98NL X 990NL 313 VON
1 EA PANIC HARDWARE QELX-RX-98DT X 990DT 313 VON
1 EA RIM CYLINDER 20-057-ICX (SPECIFY A, B OR C) 613 SCH 1 EA MORTISE CYLINDER 20-061 ICX (MULLION) 613 SCH
2 EA CORE ONLY 23-030 613 SCH
1 EA ASTRAGAL 555AA X 55AA DUR ZER
1 EA SURFACE CLOSER 4111.EDA-SP-CUSH 695 LCN
1 EA AUTO-EQUALIZER 4642 695 LCN
2 EA KICK PLATE 8400 10" X 2" LDW B-CS 695 IVE
1 SET SEALS 188S HEAD AND JAMBS BLK ZER
1 EA MULLION SEAL 8780N BLK ZER
2 EA DOOR SWEEP 39 DUR ZER
1 EA THRESHOLD 545 MSLA-10 DUR ZER
1 EA FULL LENGTH
ACTUATOR
8310-836TW LCN
1 EA POWER SUPPLY PS902-4RL SCE
1 EA BOLLARD ACTUATOR 8310-3836TW 689 LCN
1 EA RECEIVER 8310-865 LCN
DOORS NORMALLY CLOSED AND LOCKED. DOORS UNLOCKED BY VALID CARD READER OR PROGRAMMED TIME UNLOCK. WIRE POSITIVE CONDUCTOR OF WIRELESS RECEIVER THROUGH LX SWITCH IN EXIT DEVICE TO DIASBLE ACTUATORS WHEN DOORS ARE LOCKED.
FREE EGRESS AT ALL TIMES.
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HW SET: 06
6 EA HINGE 5BB1 4 X 4 NRP 613 IVE
2 EA DOOR CORD 798-18 SCE
1 EA MULLION KR4954 X 2-154 313 VON
1 EA PANIC HARDWARE QELX-LX-RX-98NL X 990NL 313 VON
1 EA PANIC HARDWARE QELX-RX-98DT X 990DT 313 VON
1 EA RIM CYLINDER 20-057-ICX (SPECIFY A, B OR C) 613 SCH 1 EA MORTISE CYLINDER 20-061 ICX (MULLION) 613 SCH
2 EA CORE ONLY 23-030 613 SCH
1 EA SURFACE CLOSER P4031 695 LCN
1 EA AUTO-EQUALIZER 4642 695 LCN
2 EA SECURITY FLOOR
STOP
FS18S BLK IVE
1 SET SEALS 188S HEAD AND JAMBS BLK ZER
1 EA MULLION SEAL 8780N BLK ZER
2 EA DOOR SWEEP 39 DUR ZER
1 EA THRESHOLD 545 MSLA-10 DUR ZER
2 EA FULL LENGTH
ACTUATOR
8310-836TW LCN
1 EA POWER SUPPLY PS902-4RL SCE
1 EA RECEIVER 8310-865 LCN
DOORS NORMALLY CLOSED AND LOCKED. DOORS UNLOCKED BY VALID CARD READER OR PROGRAMMED TIME UNLOCK. WIRE POSITIVE CONDUCTOR OF WIRELESS RECEIVER THROUGH LX SWITCH IN EXIT DEVICE TO DIASBLE ACTUATORS WHEN DOORS ARE LOCKED.
FREE EGRESS AT ALL TIMES.
END OF SECTION
CEILING
LINE
PROJECT NAME: SHAFTER CITY HALL AUTO DOORS
DOOR: 5, 7.
120VAC INPUT
@ 1 AMP
MOUNTED IN
SECURED
LOCATION
POWER
SUPPLY
JRS BUILDERS HARDWARE CONSULTING
INC. DATE 12/27/23
CARD
READER
LX-RX-EL EXIT DEVICE RX-EL EXIT DEVICE
4/18AWG
FROM
CONTROLLER
6/18AWG
AUTO DOOR
OPERATOR
120VAC INPUT
@ 2 AMP
6/18
AWG
SYSTEM NOTES:
1. REFER TO MANUFACTURES
MANUALS FOR PROPER
INSTALLATION AND WIRING
REQUIREMENTS.
2. ALL WIRING SHALL BE COPPER 18
GAUGE MINIMUM COLOR CODED
WITHOUT SPLICES, RECOMMEND
TWO SPARE CONDUCTOR PER PULL.
POWER
TRANSFER
POWER
TRANSFER
4/18AWG
TO
CONTROLLER
WIRELESS
ACTUATORS
WIRELESS RECEIVER
FINISH FLOOR
N.T.S.
CEILING
LINE
PROJECT NAME: SHAFTER CITY HALL AUTO DOORS
DOORS # 3, 4, 6.
JRS BUILDERS HARDWARE CONSULTING INC.
DATE 12/27/23
RX- LOCK OR EXIT DEVICE
SYSTEM NOTES:
1. REFER TO MANUFACTURES
MANUALS FOR PROPER
INSTALLATION AND WIRING
REQUIREMENTS.
2. ALL WIRING SHALL BE COPPER 18
GAUGE MINIMUM COLOR CODED
WITHOUT SPLICES, RECOMMEND
TWO SPARE CONDUCTOR PER
PULL.
4/18AWG
TO ACCESS
CONTROLLER
POWER
TRANSFER
POWER
SUPPLY
120VAC INPUT
@ 3 AMP
MOUNTED IN
SECURED
LOCATION
CARD READER
4/18AWG
CEILING LINE
PROJECT NAME: SHAFTER CITY HALL AUTO DOORS.
DOOR # 2
SYSTEM NOTES:
1. REFER TO MANUFACTURES MANUALS FOR PROPER
INSTALLATION AND WIRING REQUIREMENTS.
2. ALL WIRING SHALL BE COPPER COLOR CODED
WITHOUT SPLICES, RECOMMEND TWO SPARE
CONDUCTOR PER PULL OR AS NOTED.
JRS BUILDERS HARDWARE CONSULTING INC.
DATE 12/27/23
120VAC
@ 2A
FINISH FLOOR N.T.S.
AUTO
OPERATOR
WIRELESS
ACTUATORS
ONE INSIDE
WIRELESS
RECEIVER
CEILING LINE
PROJECT NAME: SHAFTER CITY HALL AUTO DOORS.
DOOR # 1
SYSTEM NOTES:
1. REFER TO MANUFACTURES MANUALS FOR PROPER
INSTALLATION AND WIRING REQUIREMENTS.
2. ALL WIRING SHALL BE COPPER COLOR CODED
WITHOUT SPLICES, RECOMMEND TWO SPARE
CONDUCTOR PER PULL OR AS NOTED.
JRS BUILDERS HARDWARE CONSULTING INC.
DATE 12/27/23
120VAC
@2A
FINISH FLOOR N.T.S.
AUTO
OPERATOR
WIRELESS RECEIVER
WIRELESS
ACTUATORS ONE
INSIDE ONE OUTSIDE
Catalog Cuts
for
SHAFTER CITY HALL AUTO DOORS
Sorted by Manufacturer
Prepared By
JOHN R STEELE
JRS BUILDERS HARDWARE CONSULTING INC.
11107 BIRCHHAVEN AVE
BAKERSFIELD CA 93312
Phone (661) 837-4111 Fax ()
Created 12/27/2023
2326
PDF created by Specworks® Page 1 Page 193 of 316
21 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Hinges and pivots
Architectural hinges
5BB1
5 Knuckle, ball bearing full mortise hinge
Recommended for medium weight doors (<150 lbs)
Recommended for medium frequency usage (<400 cycles per day) Made with two ball bearing assemblies
Recommended for use with a door closer
Packed with fasteners for hollow metal and wood doors − 12-24 x 1⁄2 UFPHMS, 12 x 1 1⁄4 FPHWS
− 10-24 x 1⁄2 UFPHMS, 10 x 1 FPHWS (3.5x3.5 hinge size only) Dimensions
Height x Width Size (mm) Gauge
3.5 x 3.5 89 x 89 0.123
4 x 4 102 x 102 0.130
4.5 x 4 114 x 102 0.134
4.5 x 4.5 114 x 114 0.134
5 x 4.5 127 x 114 0.146
5 x 5 127 x 127 0.146
Refer to General Hinge Information page to determine proper hinge for application Finishes
BHMA Description Substrate Finish
600 Primer Paint Steel USP
605 Bright Brass Brass US3
606 Satin Brass Brass US4
612 Satin Bronze Brass US10
613 Oil Rubbed Bronze Brass US10B
614 Oxidized Bronze Brass US10A
619 Satin Nickel Brass US15
622 Matte Black Brass B-BLK
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
643e/716 Aged Bronze Brass B-643e/716
629 Bright Stainless Stainless steel US32
630 Satin Stainless Stainless steel US32D
631 Matte Black Steel F-BLK
632 Bright Brass Steel US3
633 Satin Brass Steel US4
639 Satin Bronze Steel US10
640 Oil Rubbed Bronze Steel US10B
641 Oxidized Bronze Steel US10A
646 Satin Nickel Steel US15
651 Bright Chrome Steel US26
652 Satin Chrome Steel US26D
643e/716 Aged Bronze Steel F-643e/716
695 Dark Bronze Painted Steel F-695/US10BE
For other colors, consult factory.
Specifications
Material substrate Made from brass, 1040 steel or 304 series stainless steel Certifications § Certified to ANSI/BHMA A156.1 for performance standards § Meets ANSI/BHMA 156.7 for template hinge dimensions
§ UL Classified for windstorm rated assemblies - R37965 § UL10C Listed (3 hour)
Options
NRP Non-removable pin
HT Hospital tip
SH Security stud - comes standard with NRP
RC-1⁄4, RC-5⁄8 Rounded corners
SEC Security fasteners - pin-in-socket
TW4 Four wire
TW4M* Four wire with monitor
TW8 Eight wire
TW8M* Eight wire with monitor
TW12 Twelve wire
MON* Monitor (not available on 4x4)
*TW and MON options are not available on 3.5 x 3.5.
Specworks® Cut Ref.# IVE_0426 pg 1 of 1
PDF created by Specworks® Page 4 of 50 Page 194 of 316
54 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers ” 4 / 3 - 1
” 2 / 1
s s e n k c i h T eg n i H ” 5 7 0 . 0 AG
”4/ 1
” 6 1 / 1
”4/ 1- 2
” 8 / 1
” 8 / 3
007 ,006 ,005 sevI
Clearance for
Square Edge
5/16" Clearance for
Beveled Edge
1/8"
600 / 700
Full mortise pin and barrel continuous hinge
(steel and stainless steel)
1⁄4" diameter pin with nylon self-lubricating, medical grade split bearing For doors weighing up to 300 pounds without reinforcing, 600 pounds with reinforcing
1⁄8" Inset recommended for 1 3⁄4" doors
48" Maximum door width
Non-handed for custom cut lengths
Bevel or square edge door
For single door applications:
For pairs of doors see chart and general information.
Finishes
BHMA Description Substrate Finish
600 Grey Primer Paint Steel USP
630 Satin Stainless Steel Stainless steel US32D
Custom paint available on 600 Series, consult factory
Specifications
Standard length 83", 85", 95", 120"
Material substrate § 600 - 1012 Cold-rolled steel
§ 700 - 14 Gauge type 304 stainless steel
Standard mounting hardware § #10 X 1
⁄2" Self drilling, self tapping screws
§ #10 X 1" Wood screws
Certifications § Meets ANSI/BHMA 156.26
§ UL10C listed (3 hour)
Optional mounting hardware
SECHM Security screws - hollow metal door and frame
SECWDHM Security screws - 1⁄2 wood, 1⁄2 hollow metal
SECWDWD Security screws - wood door and frame
WD Wood door and frame
Options
CON Allegion Connect
EPT Electric power transfer
HT Hospital tip
TW8 Electrical through-wire
Hinges and pivots
Pin and barrel continuous hinges
Specworks® Cut Ref.# IVE_0446 pg 1 of 1
PDF created by Specworks® Page 5 of 50 Page 195 of 316
125 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Pulls, push bars and plates
Push, pull and protection plates
2”
2”
2”
CFC
2”
CFT
CFC
2”
2”
CFT
For plates up to 4"
For plates greater than 4" (RH shown)
8200 / 8300
Push / pull plate
8200 Push plate
8300 Pull plate, prep for pull (less pull)
Specifications
Available sizes Plates are available in .050 thick brass, stainless steel or aluminum Material substrate Made from aluminum, brass or stainless steel (300 Series) Mounting hardware § Standard mounting package
− #6 x 5⁄8 Oval head screws
§ Optional TEK/TORX package
− #6 x 5⁄8 Self-drilling, self-tapping screws
− #6 x 5⁄8 5⁄8 Torx screws
Widths and heights § 3" x 12"
§ 3 1⁄2" x 15"
§ 4" x 16"
§ 6" x 16"
§ 8" x 16"
Optional pull center
to center spacing
§ For 8300 pull plates, plates are prepped with 2 3⁄8" holes for pull machining § For holes prepped for G mounting hardware, consult customer service − 5 1⁄4"
− 6"
− 8"
− 10"
− 12"
Certifications Meets ANSI/BHMA A156.6 for J301 materials Finishes
BHMA Description Substrate Finish
605 Bright Brass Brass US3
606 Satin Brass Brass US4
612 Satin Bronze Brass US10
613 Oil Rubbed Bronze Brass US10B
619 Satin Nickel Brass US15
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
626-AM Satin Chrome Antimicrobial Brass US26D-AM
628 Clear Anodized Aluminum US28
630 Satin Stainless Stainless steel US32D
630-AM Satin Stainless Antimicrobial Stainless steel US32D-AM 631 Matte Black Stainless steel BLK
695 Dark Bronze Powder Coat Stainless steel SP313/US10BE Note: For other colors, consult factory.
Additional information
Specify PR when ordering a set of plates for back to back mounting Custom widths, heights, and special cut-outs are available as engineering special, consult customer service
Plates cut for cylinder or thumbturns
Plates are available with cutout for cylinder or thumbturn; standard cutout is 2" from top and centered on plates up to 4" wide. For plates wider than 4" cutout is located 2" from outer edge, specify LH or RH. When pull location interferes with standard cutout location a detail drawing should be furnished with the order. Standard cutout is 1 1⁄4" for cylinder and 3⁄8" for thumbturn. Specify CFC for cutout for cylinder or CFT for cutout for thumbturn.
Specworks® Cut Ref.# IVE_0503 pg 1 of 1
PDF created by Specworks® Page 6 of 50 Page 196 of 316
126 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Pulls, push bars and plates
Push, pull and protection plates
3/4"
ROUND
Specifications
Material substrate Made from aluminum, brass or stainless steel (300 Series) Mounting hardware § Heavy duty mounting hardware exceeds industry standards § 5⁄16-18 mounting hardware
§ Specify door thickness
− Standard mounting hardware for door thickness of 1 1⁄2" to 1 3⁄4" unless otherwise specified
− Optional package available for 2" and 2 1⁄4" thick doors § Comes standard with through bolt screws and decorative washers. § Optional mounting hardware available (see general information section for details) F, G, I, J, L
§ Mounting hardware for other door thicknesses are available as engineering special, consult customer service
§ Standard mounting package
− #6 x 5⁄8 Oval head screws
§ Optional TEK/TORX package
− #6 x 5⁄8 Self-drilling, self-tapping screws
− #6 x 5⁄8 5⁄8 Torx screws
Widths and heights § 3 1
⁄2" x 15"
§ 4" x 16"
§ 6" x 16"
Pull center to
center spacing
§ 6"
§ 8"
§ 10"
Certifications Meets ANSI/BHMA A156.06
Finishes
BHMA Description Substrate Finish
605 Bright Brass Brass US3
606 Satin Brass Brass US4
612 Satin Bronze Brass US10
613 Oil Rubbed Bronze Brass US10B
619 Satin Nickel Brass US15
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
626-AM Satin Chrome Antimicrobial Brass US26D-AM
628 Clear Anodized Aluminum US28
630 Satin Stainless Stainless steel US32D
630-AM Satin Stainless Antimicrobial Stainless steel US32D-AM 631 Matte Black Stainless steel BLK
643e/716 Aged Bronze Stainless steel 643e/716
695 Dark Bronze Powder Coat Stainless steel SP313/US10BE Note: For other colors, consult factory.
Additional information
Specify PR when ordering a set of pulls for back to back mounting Plate to pull clearance is 1 1⁄2"
For one back to back machined pull, specify Jsgl
Custom widths, heights, and special cut-outs are available as engineering special, consult customer service
8302
Pull plate
Specworks® Cut Ref.# IVE_0504 pg 1 of 1
PDF created by Specworks® Page 7 of 50 Page 197 of 316
131 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Pulls, push bars and plates
Push, pull and protection plates
Specifications
Material substrate § Available in .050" thick brass, stainless steel or aluminum; and 1⁄8" thick high impact polyethylene in clear or black
§ Aluminum 5005 Series, brass C26800 Series, stainless steel 300 Series, plastic Mounting hardware § Standard mounting package, 16 per pack − #6 x 5⁄8 Oval head screws
§ Optional TEK/TORX package, specify TK-TX
− #6 x 5⁄8 Self-drilling, self-tapping screws
− #6 x 5⁄8 5⁄8 Torx screws
Certifications § Meets ANSI/BHMA A156.6 for J301
§ UL protection plates certified to UL10C
Options
§ Specify B-NH for no mounting holes (Not available on 8402. Available only with US32D, US32, US3, US4, US28, CLR, P-BLK only)
§ Specify B-NHA for no mounting holes with adhesive
§ Specify ERS prepped with extra row of screws
§ Special Cut-outs are available as engineering special, consult customer service Number of screw packs required by plate size (specify TEK Screws or TORK screws) 22”-25” 26”-33” 34”-41” 42”-48”
4”-8” 1 1 1 1
9”-16” 1 1 1 1
17”-24” 1 1 1 2
25”-32” 1 1 2 2
33”-40” 1 2 2 2
41”-48” 2 2 2 2
Finishes
BHMA Description Substrate Finish Max sizes
605 Bright Brass Brass US3 24" x 48"
606 Satin Brass Brass US4 24" x 48"
612 Satin Bronze Brass US10 24" x 48"
613 Oil Rubbed Bronze Brass US10B 36"X48"
619 Satin Nickel Stainless US15 24" x 48"
625 Bright Chrome Stainless US26 36"X48"
626 Satin Chrome Stainless US26D 48" x 48"
628 Satin Aluminium Aluminium US28 48" x 48"
629 Bright Stainless Steel Stainless steel US32 48" x 48" 630 Satin Stainless Steel Stainless steel US32D 48" x 48" 654 Satin Stainless Steel Stainless steel US32D 48" x 48" 695 Dark Bronze Powder Coat Stainless steel SP313/US10BE 24" x 48" BLK Matte Black Stainless steel BLK 24" x 48"
P-BLK Black Plastic P-BLK 48" x 48"
CLR Clear Plastic CLR 48" x 48"
Custom finishes are available as engineering special, consult customer service Available accessories
Gasket tape kit tape is recommended when using a brass plate on a metal door to reduce tarnishing from electrolytic oxidation
One tape pack will cover an the perimeters of a 8" x 34" kickplate (rder 8401 gasket tape)
8400 / 8402
Commercial protection plates
(UL and non-UL models)
All plates, metal and plastic, come standard with four beveled edges and countersunk mounting holes (B-CS)
Protection plates must be ordered in 1⁄2" increments. Available in other sizes, consult customer service
For 8402 UL Plates, UL mark appears in upper left corner. Not available on plastic protection plates (special cutouts are not allowed on UL kick plates) Specworks® Cut Ref.# IVE_0508 pg 1 of 1
PDF created by Specworks® Page 8 of 50 Page 198 of 316
196 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Door stops, holders and silencers
Floor stops and holders
FS18S FS18L
FS18S / FS18L
Floor stop
FS18S - 1 1⁄2", FS18L - 3 1⁄2"
Security door stops designed for use in high vandalism areas Molded from black flame resistant, resilient material around a heavy-duty stud Once grouted in concrete, leaves no exposed fasteners to be tampered with or removed
Ideal for jail or security cell areas where floor mounted stops are required FS18L also ideal for concrete wall applications
FS434
Floor stop
For undercut doors up to 1 1⁄2"
Packed with fasteners for light duty masonry and wood applications Soft, resilient black rubber
430
Floor door stop
For undercut doors up to 1 1⁄2"
Welded wood screws for wood applications
White rubber tip
Specifications
Material substrate Made from rubber
Specifications
Material substrate Made from wrought steel
Specifications
Material substrate Made from cast brass
and aluminum
Dimensions - FS18L
Height Diameter Stud length
3 1
⁄2" 2" 2 1⁄2"
Dimensions - FS18S
Height Diameter Stud length
1 1
⁄2" 2" 2 1⁄2"
Dimensions
Overall height Base size
2 5⁄8" 1 1
⁄2" W x 2 3⁄4" L
Dimensions
Overall height Base size
2 5⁄8" 1 1
⁄2" W x 2 3⁄4" L
Finishes
Black rubber
Available accessories
Replaceable soft, resilient black rubber
Available accessories
Replaceable white or black rubber tips
Finishes
BHMA Description Substrate Finish
604 Zinc Plated Steel US2C
Finishes - brass
BHMA Description Substrate Finish
605 Bright Brass Brass US3
606 Satin Brass Brass US4
609 Blackened Brass Brass US5
613 Oil Rubbed Bronze Brass US10B
619 Satin Nickel Brass US15
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
Finishes - aluminum
BHMA Description Substrate Finish
666 Bright Brass Aluminum A3
– Blackened Brass Aluminum A5
669 Bright Nickel Aluminum A14
673 Aluminum Clear Coat Aluminum A92
For other colors, consult factory.
Specworks® Cut Ref.# IVE_0564 pg 1 of 1
PDF created by Specworks® Page 9 of 50 Page 199 of 316
194 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Door stops, holders and silencers
Floor stops and holders
PAD
FLOOR
1" OR
LESS
1"
1-7/16"
FS438
FS436
FS436 / FS438
Dome stop
FS436 for doors without threshold
FS438 for doors with threshold or undercut doors
Heavy-duty cast dome stops
Packed with fasteners for light duty masonry and wood applications Grey rubber bumper
R435 / 438
Dome stop riser
R435 for conversion of FS436 Dome stop to carpet installation R437 For conversion of FS438 Dome stop to carpet installation Packed with fasteners for heavy duty masonry and wood applications Specifications
Material substrate Made from cast brass or aluminum
Certifications § FS436 Meets ANSI/BHMA A156.16, L12141 for brass and L32141 for aluminum § FS438 Meets ANSI/BHMA A156.16, L12161 for brass and L32161 for aluminum Finishes - brass
BHMA Description Substrate Finish
605 Bright Brass Brass US3
606 Satin Brass Brass US4
609 Blackened Brass Brass US5
612 Satin Bronze Brass US10
613 Oil Rubbed Bronze Brass US10B
619 Satin Nickel Brass US15
622 Matte Black Brass BLK
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
– Aged Bronze Brass 643e/716
Finishes - aluminum
BHMA Description Substrate Finish
628 Satin Aluminum Aluminum US28
For other colors, consult factory.
Dimensions - FS438
Overall height Base height Base diameter
1 3⁄8" 9⁄16" 1 3⁄4"x 2" oval
Dimensions - FS436
Overall height Base height Base diameter
1" 3⁄16" 1 3⁄4"x 2" oval
Specifications
Material substrate Made from aluminum, mill finish
Dimensions
Base diameter Heights available
1"x 1 7
⁄16" oval 1⁄4", 3⁄8", 1⁄2" 5⁄8", 3⁄4" and 1" heights
Specworks® Cut Ref.# IVE_0562 pg 1 of 1
PDF created by Specworks® Page 10 of 50 Page 200 of 316 200 • Ives • Architectural hardware products catalog
Hinges
and pivots Introduction Pulls, push bars and plates Table of contents Flush bolts, strikes and coordinators Latches, catches and bolts Exterior hardware Miscellaneous hardware Door stops, holders and silencers Door stops, holders and silencers
Wall bumpers
WS401CCV and WS402CCV
Wall bumpers (convex and concave models)
Constructed in heavy-duty cast brass
Special retainer ring makes rubber tamper resistant
Grey rubber bumper
WS401/402CVX – convex rubber bumper, packed with fasteners for drywall/ wood applications
WS401/402CCV – concave rubber bumper which avoids damage to locks with projecting buttons, packed with fasteners for drywall/wood applications WS404CVX
Wall bumper (convex)
Compact size
Constructed in cast brass
Totally concealed mounting discourages vandalism or tampering Unit furnished with grey convex rubber bumper
Packed with fasteners for drywall/wood applications
Specifications
Material substrate Made from cast brass
Certifications § WS401/402CVX Meets ANSI/BHMA 156.16, L12101 § WS401/402CCV Meets ANSI/BHMA 156.16, L12251
Dimensions
Base diameter Base thickness Overall projection
2 1
⁄2" 3⁄8" 1"
Finishes
BHMA Description Substrate Finish
605 Bright Brass Brass US3
606 Satin Brass Brass US4
612 Satin Bronze Brass US10
613 Oil Rubbed Bronze Brass US10B
619 Satin Nickel Brass US15
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
For other colors, consult factory.
Note: WS401/402 is the full part number. 401 and 402 are not different products.
Specifications
Material substrate Made from cast brass
Dimensions
Base diameter Overall projection
1" 17⁄32"
Finishes - brass
BHMA Description Substrate Finish
605 Bright Brass Brass US3
606 Satin Brass Brass US4
609 Blackened Brass Brass US5
612 Satin Bronze Brass US10
613 Oil Rubbed Bronze Brass US10B
619 Satin Nickel Brass US15
622 Matte Black Brass BLK
625 Bright Chrome Brass US26
626 Satin Chrome Brass US26D
– Aged Bronze Brass 643e/716
For other colors, consult factory.
WS401, WS402CVX /
WS401, WS402CCV
Specworks® Cut Ref.# IVE_0568 pg 1 of 1
PDF created by Specworks® Page 11 of 50 Page 201 of 316 64 • LCN • 4000 Series
4110/4110T Series
4010/4010T
Series Introduction 4020/4020T Series Product selection guide 4030/4030T Series 4040XP/4040XPT Series 4110/4110T Series 4050A/4050AT Series 4000T Series The 4110 is LCN's best performing heavy duty closer with an adjustable spring and possible hold open point beyond 140 degrees, meeting ADA requirements. Backed by a 30 year warranty, the cast iron body and all weather fluid offer versatility in high traffic applications.
Features
4110 Series
Customized installation templates or products may be available to solve non-standard applications.
Contact LCN Product Support for assistance.
Special
templates
Certifications Grade 1 - ANSI A156.4, UL 10C, ADA, 100 hour salt spray, meets BAA - Buy American Act
Body
construction
§ Cast iron body
§ Full complement bearing
§ 1 1⁄2" diameter piston
§ 11⁄16" diameter double heat treated
pinion journal
Fluid All weather fluid
Handing Handed
Templating Peel-n-Stick templates -
2 1⁄2" x 6" mounting hole pattern
Size Adjustable spring size 1-5, or sized 6, includes
patented green dial
Warranty 30 years
Cover § Plastic Cover (PC), standard
§ Metal Cover (MC), optional
Fasteners Self Reaming and Tapping Screws (SRT)
Mounting Parallel arm (push side)
Arms Extra-duty arm
Finishes/colors/
powder coat
§ 689 Aluminum
§ 690 Statuary bronze
§ 691 Light bronze
§ 693 Black
§ 695 Dark bronze
§ 696 Brass
§ Custom colors optional
§ Optional SRI primer - powder coat only
§ Optional plated finishes
Available
Not available
180° 180° 110° 110°
Hinge (pull) side
Mounting
Top jamb (pull)
Top jamb (push)
Parallel arm
Stop face
Powder coat Finish
Plated
Plastic Cover
Metal
Non-handed
Cylinder
Non-sized
Accessibility
Delay Action***
CYLAVB**
Regular (double)
Arm function*
Standard (single)
Hold Open
Fusible Link
EDA/HEDA
CUSH/HCUSH
SCUSH/SHCUSH
Double Egress
Closer available with less than 5.0 lbs. opening force on 36" door. * Maximum opening/hold open point with standard template. **Advanced Variable Back Check.
*** Delay feature incorporates standard 4040 cylinder (not XP).
Specworks® Cut Ref.# LCN_4110 pg 1 of 4
PDF created by Specworks® Page 12 of 50 Page 202 of 316 43 LCN Door Control Catalog
phone: 877-671-7011 Q fax: 800-248-1460 Q www.allegion.com/us Q 009426 rev. 2/16 The 4640 AUTO EQUALIZER™ is LCN’s SMART & RELIABLE electrically powered low-energy power operator. It provides easy access for people with disabilities, or the elderly. Designed primarily for manual opening applications that occasionally require automatic opening.
Certifications <gVYZ&"6CH>6&&,#&!6&*+#&.!JA&%8!696! &%%=djgHVaiHegVn!BZZih766"7jn
American Act
Body Construction Q Cast Iron Body
Q ;jaa8dbeaZbZci7ZVg^c\
Q &"&$'ð9^VbZiZgE^hidc
Q ($)ð9^VbZiZg9djWaZ=ZViIgZViZY
Pinion Journal
Fluid 6aaLZVi]Zg;aj^Y
Handing Cdc"=VcYZY
Size 6Y_jhiVWaZHeg^c\H^oZ'"*
Warranty 2 years
Cover BZiVa!hiVcYVgY
Fasteners Wood and machine screws
Mounting Ide_VbW
Ejh]H^YZ
Arms Q GZ\jaVgVgb!hiVcYVgY
Q Adc\Vgb!dei^dcVa
Finishes/Colors/
Powder Coat
Q 6ajb^cjb
+-.
Q HiVijVgn7gdcoZ
+.%
Q A^\]i7gdcoZ
+.&
Q 7aVX`
+.(
Q 9Vg`7gdcoZ
+.*
Q 7gVhh
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Q Custom colors optional
Q Dei^dcVaHG>eg^bZg"edlYZgXdVidcan
Q Optional plated finishes*
*End caps are black
Customized installation templates or products may be available to solve unusual applications. 8dciVXiA8CEgdYjXiHjeedgi[dgVhh^hiVcXZ#
Features
Special
Templates
TOP JAMB (PULL SIDE)TOP JAMB (PUSH SIDE)
MOUNTING
PARALLEL ARMPOWDER COATPLATEDPLASTICMETALNON-HANDEDNON-SIZEDACCESSIBILITY*
FINISH COVER CYLINDER
CONCEALED
POWER OPERATOR
HOLD-OPENDPS SWITCH
STANDARD (SINGLE)REGULAR (DOUBLE)EXTRA DUTY
*ARM FUNCTION
CUSH-N-STOPSPRING CUSH
Meets ADA requirements (power mode).
* See individual series for maximum manual opening.
** Switch provided for continuous hold open (4640 only).
AVAILABLE
NOT AVAILABLE
4640
Series
Auto Equalizer
Specworks® Cut Ref.# LCN_4640 pg 1 of 5
PDF created by Specworks® Page 16 of 50 Page 203 of 316 44 LCN Door Control Catalog
phone: 877-671-7011 Q fax: 800-248-1460 Q www.allegion.com/us Q 009426 rev. 2/16 Ide?VbW
Ejh]H^YZ
Mounting
Mounting details
1-7/8"
48 mm 33-1/2"
850 mm
4-3/8"
110 mm
3/4"
19 mm
1-7/8"
48 mm
2-11/16"
68 mm
12-3/8"
314 mm
12-5/32"
309 mm
Butt Hinges H]djaYcdiZmXZZY*ð
&',bb
^cl^Yi]
Auxiliary Stop GZXdbbZcYZY
Reveal Q )"&$'ð
&&)bb
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'%(bb
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))bb
#I]ZhiVcYVgYbdjci^c\eaViZ^hVahdjhZYidbZZi[ajh]XZ^a^c\XdcY^i^dch Top Rail Q B^c^bjb&"($)ð
))bb
Q ;ajh]XZ^a^c\^chiVaaVi^dcgZfj^gZh("($)ð
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b^c^bjb
Opening Time and Force Q KVg^VWaZWnVY_jhibZcihidi]ZZaZXigdc^XXdcigdabdYjaZadXViZYdci]ZdeZgVidgVhhZbWan Q BVm^bjb]daYdeZci^bZVY_jhiVWaZjeidVeegdm^bViZan[^kZb^cjiZh System Diagram HZZÅ6JIDB6I>8DE:G6IDGHÆhZXi^dceV\Z(*[dgine^XVahnhiZbl^g^c\VcYeV\Zh(,"(-[dgZaZXig^XVaYViV Maximum Opening Q Templating allows 90° power opening and 100° manual opening Q Consult factory for all pivot mounted installations
Notes:
5WhiUhcfgUfYgc`XgYdUfUhY`m gYYdU[Yg%%)!%'%
7caYgk]h\UX][]hU`Wcbhfc`Vclih]`]n]b[U($($\YUjmXihmXccfW`cgYfk]h\cb!VcUfXX]U[bcgh]WgUbXdckYfgidd`m <UgUZUWhcfmXYZUi`haYacfmh\Uh]bW`iXYBc8YghfiWhXf]jYgmghYa ;iUfXfU]`gcfgUZYhmaUhgbchfYei]fYX
($'$\UgYUg]`mUWWYgg]V`Ygk]hW\Yghcdfcj]XYcb#cZZUbXWcbh]bicig\c`XcdYbZibWh]cbg 7Gcdh]cbgdfcj]XYgWcbWYU`YXcb#cZZdckYfgk]hW\
7cbhfc`acXi`Ydfcj]XYgh]a]b[UbXgYeiYbh]U`XccfZibWh]cbg Y`YWhf]Wghf]_YWcbhfc`gUbXUX^ighaYbhgZcfcdYb]b[gdYYXUbXZcfWY" Standard Mount Flush Ceiling Mount
4640
Series
Auto Equalizer
Specworks® Cut Ref.# LCN_4640 pg 2 of 5
PDF created by Specworks® Page 17 of 50 Page 204 of 316 142 Price book 12 Effective June 25, 2022
Handing required
853 844
853T 844
836T
836TW
844
866FLA
866FLA
8310 SERIES ACTUATORS, SENSORS AND ACCESSORIES
8310-844 8310-866CAP
8310-3836TW
8310-863 8310-864
8310-3853TWB
8310-3853WB 8310-3836T
8310-844J
8310-866 8310-866FLA
8310-865
8310-861 8310-862
Actuators and accessories
1000 SERIES 4000 SERIES CONCEALED FIRE/LIFE SAFETY HIGH SECURITY AUTO OPERATORS ACTUATORS, ACCESSORIES MISC.
Specworks® Cut Ref.# LCN_0106 pg 1 of 1
PDF created by Specworks® Page 21 of 50 Page 205 of 316 LCN Door Control Catalog 125
phone: 877-671-7011 Q fax: 800-248-1460 Q www.allegion.com/us Q 009426 rev. 2/16 Automatic Operator Actuators & Accessories
8310-836T
Full Length Actuator (FLA)
Q =VgYl^gZYadlkdaiV\ZVXijVidgl^i]hiV^caZhhhiZZaidjX]eaViZl^i](+ðm +ðVXi^kVi^dchjg[VXZ
Q Blue handicap symbol conforms with most accessibility codes Q Added “PUSH TO OPEN” lettering for enhanced identification Q Designed to meet California building codes and increase accessibility for wheelchair bound entrants
Q Can easily be mounted to any flat surface or a bollard post 8310-836TW
Flush Length Actuator (FLA)
Q Same as the 8310-836T with a
built in wireless transmitter and
3v battery
Q Use in conjunction with 8310-865
Receiver (not included)
8310-866FLA
FLA Bollard Post
Q 6edlYZgXdViZYhiZZa)'ðm)ðm
+ð/7daaVgYEdhi!bdjci^c\WVhZ
pre prepped for the 8310-836T
Q Includes 8310-866 CAP, 2
mounting screws & spacer for
installation
8310-3836T
FLA Bollard Mount Kit
Q (+ðm+ð6XijVidgl^i]-(&%"
866FLA Bollard for wired
applications
8310-3836TW
FLA Bollard Mount Kit
Q (+ðm+ð6XijVidgl^i]-(&%"
866FLA Bollard and 8310-844
wireless Transmitter
Q Transmitter requires 8310-865
Receiver (not included)
8310-844
Transmitter
Q Wireless, 1 Channel, 9v Battery
included.
Q Used to convert standard
actuators to wireless
Q Requires 8310-865 Receiver
Q Recommended for exterior
application with 8310-836T
Q Used with the 866FLA bollard
post
8310-865
Receiver
Q Wireless, 1 Channel,
w/Sequencing Feature
Q Used in conjunction w/ Wireless
Actuators & Transmitter(s)
8310 Series
Auto Operator
Actuators &
Accessories
(+ðm+ð;jaaAZc\i]
Actuators
22 • LCN • 4000 Series
4030/4030T Series
4010/4010T
Series Introduction 4020/4020T Series Product selection guide 4030/4030T Series 4040XP/4040XPT Series 4110/4110T Series 4050A/4050AT Series 4000T Series The 4030 is a cast iron, universal closer designed specifically for doors in moderate traffic conditions. This versatile closer compliments the rest of the heavy duty 4000 Series and offers the choice of three mountings and multiple arm options.
Customized installation templates or products may be available to solve non-standard applications.
Contact LCN Product Support for assistance.
Special
templates
Features
4030 Series
Certifications Grade 1 - ANSI A156.4, UL 10C, ADA, 100 hour salt spray, meets BAA - Buy American Act
Body
construction
§ Cast iron body
§ Full complement bearing
§ 1 1⁄8" diameter piston
§ 1⁄2" diameter single heat treated
pinion journal
Fluid All weather fluid
Handing Non-handed
Templating Peel-n-Stick templates -
1 23⁄32" x 6 17⁄64" mounting hole pattern
Size Adjustable spring size 1-4
Warranty 30 years
Cover Metal Cover (MC), standard
Fasteners Self reaming and tapping screws (SRT)
Mounting Hinge (pull side), top jamb (push side),
parallel arm (push side)
Arms Regular arm
Finishes/colors/
powder coat
§ 689 Aluminum
§ 690 Statuary bronze
§ 691 Light bronze
§ 693 Black
§ 695 Dark bronze
§ 696 Brass
§ Custom colors optional
§ Optional SRI primer - powder coat only
§ Optional plated finishes
Available
Not available
180° 180° 110° 100° 100° Hinge (pull) side
Mounting
Top jamb (pull)
Top jamb (push)
Parallel arm
Stop face
Powder coat Finish
Plated
Plastic Cover
Metal
Non-handed
Cylinder
Non-sized
Accessibility
Delay Action***
CYLAVB**
Regular (double)
Arm function*
Standard (single)
Hold Open
Fusible Link
EDA/HEDA
CUSH/HCUSH
SCUSH/SHCUSH
Double Egress
Closer available with less than 5.0 lbs. opening force on 36" door. * Maximum opening/hold open point with standard template. **Advanced Variable Back Check.
*** Delay action for 4040XP incorporates standard 4041 cylinder.
Specworks® Cut Ref.# LCN_0024 pg 1 of 8
PDF created by Specworks® Page 23 of 50 Page 207 of 316 I21
Accessories
Armored Door Cords with Caps
Questions? Call: 866-322-1237 • FAX: 866-322-1233 • Visit us on the Internet at www.schlage.com Schlage - Electronic Security • 575 Birch Street • Forestville, CT 06010 For simple surface mount power transfer requirements.
5/16" interior diameter; 3/8" outside diameter flexible door cord Acceptable Wire Size Combinations
• Five 18 gauge
• Two 18 gauge and four 20 gauge
• Two 18 gauge and seven 22 gauge
• Seven 20 gauge
• Twelve 22 gauge
Model Description
788-12 12" x 3/8" less wires (inswinging)
788C-12 12" x 3/8" with 20" 4-Conductor wire
788-18 18" x 3/8" less wires (outswinging)
788C-18 18" x 3/8" with 20" 4-Conductor wire
3/8" interior diameter; 1/2; outside diameter flexible door cord Acceptable Wire Size Combinations
Model Description
798-12 12" x 1/2" less wires (inswinging)
798C-12 12" x 1/2" with 20" 4-Conductor wire, 20 gauge wire 798-18 18" x 1/2" less wires (outswinging)
798C-18 18" x 1/2" with 26" 4-Conductor wire, 20 gauge wire Specworks® Cut Ref.# SCE_0059 pg 1 of 1
PDF created by Specworks® Page 31 of 50 Page 208 of 316 Features and Benefits
• 2A @ 12/24 VDC output, field selectable with jumper
• Class 2 Rated power limited output
• Universal 120 -240 VAC input
• Low voltage DC, regulated and filtered
• Single polarized connector for distribution board
• Fused primary input
• AC input and DC output monitoring circuit
w/ LED indicators
• Cover mounted AC input indication
• Hinged cover w/ lock down screws
• High voltage protective cover
Overview
Schlage’s comprehensive line of power supplies and option boards were designed to address the changing needs of the access control market.
Installation is simplified by utilizing a flat mounting design and polarized locking connectors for option boards. This new design eliminates the need for racks and side connectors. The flat mounting of the option boards also provides for easier access to the terminal blocks for connection of electrified devices (such as electrified strikes, electromagnetic locks, card readers, etc).
Common to the line of PS900 Series power supplies is a constant output rating at both 12v and 24v settings, universal 120 VAC to 240 VAC input, and polarized option board connectors.
New fire alarm interface board mounting allows outputs to be configured as switched (power cut) or unswitched (power continues) when
signal provided.
* All PS900 Series of power supplies and option boards have been tested and certified to meet UL 294.
PS902
2 amp Power Supply Photo as shown includes optional board(s) Please contact your local sales office or visit the support section on our website for configuration assistance.
System ComponentsPS902 Power Supply
Specworks® Cut Ref.# SCE_0087 pg 1 of 2
PDF created by Specworks® Page 32 of 50 Page 209 of 316 877-671-7011 • securitytechnologies.ingersollrand.com ©2012 Ingersoll-Rand Company 004195 08/12 PS902 Power Supply Specifications
Specification Description
Input Voltage 120/240 VAC, 50/60 Hz, universal input
Output Voltage 2A @ 12 or 24 VDC
Field selectable with jumper
Switching supply, 5% regulation, 240mVpp max ripple
Enclosure Grey / Baked enamel
14"H x 12"W x 4"D
Eight 1/2" x 3/4" Knockouts
NEMA Grade 1
Hinged cover with lock down screws
Operating Temperature 32º-120º F (0º-49º C)
Certifications UL 294
Class 2
RoHS
FCC Part 15
Option Board Compatibility 900-BB: Battery Backup
900-BBK: Battery Backup Kit (backup board and battery pack) 900-FA: Fire Alarm
900-2RS: 2 Relay Control Board
900-4R: 4 Relay Output Board
900-4RL: 4 Relay Logic Board
900-8F: Fused 8 Zone Distribution Board
900-8P: PTC 8 Zone Distribution Board
AC Primary Fuse Size 3.15A, 250v, 5 x 20mm SLOW-BLOW
Battery Fuse Size 7.5A 32v ATO blade style
DC Output Protection Overload protection - current limited foldback circuit Indicators LED indicators:
-AC input (visible on outside of enclosure)
-DC output
Isolated SPDT contacts to monitor AC power status
Weight (Power Supply) Approx. 9.0 lbs
Weight (Each Battery) 4.0 lbs
AC Input Termination 3 position terminal block with protective cover Wire capacity: 10 AWG max.
DC Output Termination 2 position terminal block
Wire capacity: 12 AWG max.
Distribution board connectors 1
Fire Alarm board connector Yes
Keylock Optional
OPTIONS
• Emergency Interface Relay (FA)
• Battery Backup
• 2 relay QEL panic device control board
• 4 relay distribution board
• 4 relay distribution board with logic
- Field configurable for:
• Time delay function
• Auto operator
• Security interlock
• 8 fused output distribution board
• 8 PTC output distribution board
PS902
Specworks® Cut Ref.# SCE_0087 pg 2 of 2
PDF created by Specworks® Page 33 of 50 Page 210 of 316 ND Series wired electrified lock
Function list
Keyless Keyed Keyed Vandlgard
Schlage ANSI Schlage ANSI Schlage ANSI
ND12ELD
ND12EUD
- ND80ELPD
ND80EUPD
- ND96ELPD
ND96EUPD
-
Keyless electrified exit
• Outside lever continuously locked (EL)
or unlocked (EU) by 12-24V DC.
• EL is fail safe (power fail unlocks outside
lever).
• EU is fail secure (power fail locks outside
lever).
• Inside lever always free for immediate
egress.
Electrified storeroom
• Outside lever continuously locked (EL)
or unlocked (EU) by 12-24V DC.
• EL is fail safe (power fail unlocks outside
lever).
• EU is fail secure (power fail locks outside
lever).
• Key outside serves as mechanical
override.
• Inside lever always free for immediate
egress.
Electrified storeroom
with Vandlgard
• Adds Vandlgard to ND80EL/EU.
• Vandlgard allows outside spindle to
disengage from latch when locked,
limiting the ability of vandals to apply
excessive force to the chassis. See
page 16 for more details.
Outside Inside Outside Inside Outside Inside
Electrified Electrified Electrified
Available with RX Available with RX Available with RX
Electrical requirements
Input voltage: auto-detects 10.8-26.8VDC
Max current draw: 0.230 amp (230mA)
Holding current: 0.010 amp (10mA)
Temperature range: 32°F-120°F (0°-49°C)
Request to Exit (RX)
Normally open, normally closed and common
leads provided
Electrical rating: 2A, 30VDC max
Order (with lock): specify RX in option field
Order (retrofit): p/n N123-062
Wiring instructions
Maximum Total Wire Length
AWG14161820
Voltage
12 V 500' (152 m) 300' (91 m) 200' (61 m) 100' (30 m)
24 V Up to 1000' (304 m)
Note: Either lock wire may be attached to either power supply terminal (+ or -).
Switch (not
furnished)
(not furnished)
12 or 24 V DC
Lock to hinge/EPT harness
(not furnished)
Power supply
12 or 24 VDC
(not furnished)
Mode
select
switch
19 • Schlage • ND Series
Selection guide Key features Trims and finishes Mechanical Wired electrified Wireless electronic Keys and credentials Parts Specifications Specworks® Cut Ref.# SCH_0111 pg 2 of 3
PDF created by Specworks® Page 35 of 50 Page 211 of 316 Rhodes (RHO)1, 2 Tubular (TLR)1, 2
Latitude (LAT)
Athens (ATH)2 Sparta (SPA)1, 2
Designs and finishes
Lever designs and finishes
Omega (OME)1
Boardwalk (BWK)
All levers comply with the Americans with Disabilities Act (ADA). 1 Boardwalk, Longitude, Omega, Rhodes, Sparta and Tubular levers comply with California State code for return within 1⁄2" of door face. 2 Athens, Rhodes, Sparta and Tubular levers support cylinders from other manufacturers, see cylinder section on page 24 for details.
Mechanical Wired electrified Wireless electronic
Wireless electronic
Wireless electronic
Mechanical
Mechanical
Mechanical
Wired electrified
Wired electrified
Wired electrified
Wireless electronic
Wireless electronic
Wireless electronic
Wireless electronic
Mechanical
Mechanical
Mechanical
Wired electrified
Wired electrified
Wired electrified
NDE wireless electronic Mechanical Wired electrified
Mechanical Wired electrified
Finish
options
Color Bright
brass
Satin
brass
Satin
bronze
Oil rubbed
bronze
Satin
nickel
Matte
black
Bright
chrome
Satin
chrome
Aged
bronze
ANSI/BHMA number 605 606 612 613 619 622 625 626/626AM 643e US number US3 US4 US10 US10B US15 US19 US26 US26D US11
Mechanical n n n n n n n n n
Wired electrified n n n n n n n n n
Wireless electronic n n n — n n n n n
Product information and specifications contained in this catalog are subject to change without notice. Please consult the factory.
Wireless electronic
Broadway (BRW) Longitude (LON)
10 • Schlage • ND Series
Selection guide Key features Trims and finishes Mechanical Wired electrified Wireless electronic Keys and credentials Parts Specifications Specworks® Cut Ref.# SCH_0111 pg 3 of 3
PDF created by Specworks® Page 36 of 50 Page 212 of 316 8 • Von Duprin 98/99 Series 98/99 Rim exit device
98/99 Rim exit device
98 and 99 Rim exit devices for all types of single and double doors with mullion, UL listed for panic exit hardware. Devices are ANSI A156.3 – 2008 Grade 1. The 98 device has a smooth mechanism case and the 99 device has a grooved case. The rim device is non-handed except when the following device options are used: SD (special dogging), -2 (double cylinder) or SS (signal switch). See Opposite page for available outside trim and device functions. Covers stock hollow metal doors with 86 or 161 cutouts on single doors (may cover cutouts on pairs – consult template).
Finishes – US3, US3A, US4, US4A, US10, US26, US26D, US26D-AM Antimicrobial, US28, 313, 315 & 643E. US15 and US32D available with 98 Series only.
Hex key dogging comes standard
on 98/99 Rim exit devices
The 299 Strike ships
standard, optional strikes
available
Specifications
Device functions Device ships EO/DT/NL. Field selectable. For TP, K or L remove NL drive screw from device.
Device lengths 3' 2'4' to 3' (711mm to 914 mm) Door size 4' 2'10" to 4' (864 mm to 1219 mm) Door size
Device centerline
from finished floor
39 13/16" (1011 mm)
39 11/16" (1008 mm) with mullion
Center case
dimensions
8" x 2 3/4" x2 3/8" (203mm x 70mm x 60mm)
Mechanism case
dimensions
2 1/4" x 2 1/4" (57mm x 57mm)
Projection Pushbar neutral – 3 13/16" (97 mm)
Pushbar depressed – 3 1/16" (78 mm)
Latch bolt Deadlocking, 3/4" (19mm) throw
Fasteners & sex
bolts (SNB)
Includes screw pack for 1 3/4" (44mm) and 2 1/4" (57mm) thick metal or wood doors. Optional 425 SNB available,
see page 9 for quantities.
Electric options LX Latchbolt monitor switch
RX Pushpad monitor switch
RX2 Double pushpad monitor switch
E Electric locking & unlocking trim
EL Electric latch retraction
QEL Quiet electric latch retraction
SS Signal switch
CX Chexit delayed exit
ALK Alarm exit kit
WP-RX Waterproof request to exit
CON Allegion Connect
Mechanical
options
-2 Double cylinder
AX Accessible device
GBK Glass bead kit
PN Pneumatic latch retraction
XP Extra protection
SNB Sex bolts
SEC Security screws
Dogging feature Hex key dogging standard
Dogging options CD Cylinder dogging
SD Special center case dogging
LD Less dogging
DI Dogging indicator
CI Cylinder dogging indicator
Strikes 299 – Dull black
QEL
Quiet electric
latch retraction
• Bolt retraction via
switch
• Converts exit
door to push-pull
operation
CX
Chexit delayed
exit
• Meets NFPA 101
requirements
• Self-contained
controls, locking,
alarm
ALK
Alarm exit kit
• Unauthorized
opening triggers
85-decibel horn
• Set in armed or
disarmed mode
by key
CON
Allegion
Connectors
• Common
connectors to
connect various
door hardware all
the way to the
power supply
RX
Pushpad monitor
switch
• Signals use of an
opening
• SPDT switch to
monitor pushpad
XP
Extra protection
• 90˚ latch-tostrike contact
• Force resistance
of 2,000+ lbs.
AX
Accessible device
• UL certified to
meet new 5 lb.
maximum
operating force
requirement
• Exceeds ANSI/
BHMA
requirements
CD
Cylinder dogging
• Replaces hex key
dogging
• Requires 1 1
/4"
mortise cylinder
with inverted cam
EL
Electric latch
retraction
• Enables remote
unlatching
• Alternative to
manual dogging
PN
Pneumatic latch
retraction
• For areas where
electrical devices
banned
• Special linkage
for mechanical or
pneumatic
dogging
Specworks® Cut Ref.# VON_0053 pg 1 of 2
PDF created by Specworks® Page 37 of 50 Page 213 of 316 Von Duprin 98/99 Series • 9
Notes
98/99 Rim exit device
Standard trim
No outside trim
Exit only
Dummy trim
Pull when dogged
Night latch
Key retracts latchbolt
Night latch
Key retracts latchbolt
optional pull required
Product description 98EO
99EO
98DT
99DT
98NL
99NL
98NL-OP
99NL-OP
Trim description — 990DT 990NL-R/V 110NL-MD
110NL-WD
Escutcheon plate
size — 3" x 14 13/16" x 3
/32"
(76x360x2mm)
3" x 14 13/16" x 3/32"
(76x360x2mm) —
Pull center to center — 5 1/2" (140mm) 5 1/2" (140mm) — Projection — 2" (51mm) 2" (51mm) —
ANSI function 01 02 03 03
Cylinder type — — Rim Rim
Handing — — — —
Optional trim x990EO
x996EO
x996K-DT
x996L-DT
x696DT
x697DT
x996K-NL
x996L-NL
x696NL
x697NL
Optional #425 SNB
quantity for device 6 2 2 6
Lever
Key locks & unlocks
Lever – night latch
Key retracts latchbolt
Lever – blank escutcheon
Always operable (no cylinder)
Lever dummy trim
pull when dogged
Product description 98L
99L
98L-NL
99L-NL
98L-BE
99L-BE
98L-DT
99L-DT
Trim description 996L-R/V* 996L-NL-R/V 996L-BE-R/V* 996L-DT Escutcheon plate
size
2 3/4" x 10 3/4" x 27/32"
(70x273x21mm)
2 3/4" x 10 3/4" x 27/32"
(70x273x21mm)
2 3/4" x 10 3/4" x 27/32"
(70x273x21mm)
2 3/4" x 10 3/4" x 27/32"
(70x273x21mm)
Pull center to center — — — —
Projection 2 7/8" (73mm) 2 7/8" (73mm) 2 7/8" (73mm) 2 7/8" (73mm) ANSI function 08 03 14 02
Cylinder type Rim Rim — —
Handing Handed/Reversible Handed/Reversible Handed/Reversible Handed/Reversible Optional #425 SNB
quantity for device 2 2 2 2
* Electrified lever operation available
EO
L L-NL L-BE L-DT
DT NL NL-OP
Specworks® Cut Ref.# VON_0053 pg 2 of 2
PDF created by Specworks® Page 38 of 50 Page 214 of 316 Von Duprin 98/99 Series • 6565
98/99 Device options & accessories
Device options & accessories
Removable mullions Keyed removable steel mullions
Mullions
Removable steel mullions provide single door
performance in double door openings with rim devices.
Mullions are easily removed by loosening bottom set screw and removing top fitting cover. The top mullion fitting is attached to the frame and is concealed by the fitting cover.
Steel mullions are 2" (51mm) wide and 3" (76mm) deep, with a wall thickness of 1
/8" (3mm).
Mullions are shipped with mounting screws and prepared for strikes. Strikes are not included except where indicated.
Steel mullions are available in SP28 and SP313 finishes.
Consult factory for other powder coat finish options.
KR – Keyed removable steel mullions make removal faster and easier by a single operation of the mortise cylinder. Once mullion is removed, large equipment or furniture can freely pass through the opening. The unit will self lock when reinstalled, without the use of the cylinder key. Uses a 1 1/4" mortise cylinder with a straight cam (Schlage cam reference B502-191). Cylinders are sold separately. Prefix mullion model with “KR”.
Removable aluminum mullions are 1 1/16" (27mm) wide on face closest to the door and 23
/8" (60mm) at the widest point. The
depth is 3 1/8" (79mm) with a wall thickness of 1/8" (3mm).
Aluminum mullions are available in US4, US10, US28, 313 and 315 finishes. Consult factory for other powder coat finish options. Aluminum mullion are not available keyed removable.
Stock hollow metal applications for devices mounted to cover ANSI 161 cutouts are higher than the standard mullion strike location. Consult the factory for special strike preparation or order a blank mullion. See below.
Blank mullions are furnished without strike preparation. They are used to mount devices at a strike height different from the standard mullion preparation.
To order, specify:
1. For keyed Removable option on steel mullions, prefix model number with “KR”
2. Model number
3. Height of opening
4. Finish
5. Handing if required
6. Centerline deviation (refer to device template for standard centerline)
7. Strikes, when required, should be ordered with device Steel mullions
1654 Prepared for two 1606 strikes. If 1606 strikes are not specified on the order, two per mullion will be added.
Additional charges apply.
4954 Prepared for 264 or 299 strikes. For use with all Von Duprin Panic rim devices.
9954 Prepared for and must be used with two 268 strikes (88-F device), or two 499F (22-F, 98-F, 99F devices).
UL fire labeled mullion for
up to 3 hour opening using
Von Duprin fire exit rim
devices. This mullion is not
easily removed due to
special fittings.
98-F and 99-F devices are
rated up to 10'0" (3048
mm).
Note: If 268 or 499F strikes are not specified on the
order, two per mullion will be added. Additional
charges apply.
4754 Prepared for two 4263
monitor strikes.
4854 Prepared for one 299 and
one 6111 electric strike.
Indicate handing for electric
strike.
9854 Prepared for one 268 or
499F strike and one 6111
electric strike. Indicate
handing for electric strike. UL fire labelled mullion for up to 3 hour openings up to 8' x 8' (2438mm x 2438mm)
using Von Duprin fire exit rim devices
Specworks® Cut Ref.# VON_5001 pg 1 of 1
PDF created by Specworks® Page 39 of 50 Page 215 of 316 See Weatherstripping Accessories & options page for details. 96 • Zero • Door sealing systems • www.zerointernational.com Weatherstripping
Finishes:
BK Black
BR Brown
CL Clear
GY Gray
WH White
B Architectural mill finish bronze
Z Mill finish Zinc
Options:
PSA Pressure-sensitive adhesive
ZAG Ligature-resistant gasketing
Appendix Specialty applications Sound control Intumescent Weatherstripping Perimeter seals Automatic door bottoms Thresholds Self-adhesive weatherstripping
188S/188FS/188BIO
Material/ Finishes:
S: BK, BR, CL, GY, WH
FS: BK
BIO: BR
Options:
ZAG
ZAG
ZAG
ANSI/BHMA:
188S R0E151
188FS R0U154
-
S: PSA standard. 20-minute fire rating.
FS: Intumescent rubber for fire and smoke protection.
PSA standard. 45-minute fire rating.
BIO: BioWall antimicrobial rubber. PSA standard.
488S/488FS/488BIO
Material/ Finishes:
S: BK, BR, CL, GY, WH
FS: BK
BIO: BR
Options:
ZAG
ZAG
ZAG
ANSI/BHMA:
488S R0E154
488FS R0U154
-
S: PSA standard.
FS: Intumescent rubber for fire and smoke protection.
PSA standard.
BIO: BioWall antimicrobial rubber. PSA standard.
Solid neoprene and silicone seals
188 /488 8144 8042
PSA
.500"
(12.7)
.250"
(6.4)
188
PSA
.375"
(9.5)
.187"
(4.8)
488
8144S/8144FS
Finishes:
S: BK, WH
FS: BK
Options:
ZAG
ZAG
ANSI/BHMA:
8144S R0E154
8144FS R0U154
S: PSA standard.
FS: Intumescent rubber for fire and smoke protection.
PSA standard.
8144
.437"
(11.1)
.437"
(11.1) PSA
8042S
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
8042S R0E154
PSA standard.
8042
.437"
(11.1)
.200"
(5.1) PSA
8145S
Finishes:
BK, BR
Options:
ZAG
ANSI/BHMA:
8145S R0E154
PSA standard.
PSA
.600"
(15.2)
.250"
(6.4)
8145
824N
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
824N R0B154
PSA standard.
PSA
.219"
(5.6)
.425"
(10.8)
824
Specworks® Cut Ref.# ZER_0156 pg 1 of 1
PDF created by Specworks® Page 46 of 50 Page 216 of 316 See Perimeter seals Accessories & options page for details. 62 • Zero • Door sealing systems • www.zerointernational.com Perimeter seals
Finishes:
A Aluminum mill finish
AA Aluminum clear anodized
BK Aluminum black anodized
D Aluminum dark bronze anodized
G Aluminum gold anodized
B Bronze, architectural mill finish
B-ORB Oil-rubbed aged bronze
Options:
FLO Air flow/ sound block
PSA Pressure-sensitive adhesive
ZAG Ligature resistant gasketing
S Order as a set
SEC Security screws
Note:
Appendix Specialty applications Sound control Intumescent Weatherstripping Perimeter seals Automatic door bottoms Thresholds Door sweeps
339
Finishes:
AA, BK, D, G,
B, B-ORB
Options:
SEC
ANSI/BHMA:
339AA, 339BK, 339D, 339G R3B434
339B R1B434
39 Finishes:
A, BK,
D, G
Options:
SEC
ANSI/BHMA:
39A, 39BK, 39D, 39G R3B434
Solid
neoprene
.125"(3.2) x
1.375"(34.9)
.195"
(5.0)
.070" (1.8)
1.250"
(31.8)
.500"
(12.7)
#6x1.00"(25.4)
PPHSDS
39 339W
Finishes:
AA, BK, D, G
B, B-ORB
Options:
SEC
ANSI/BHMA:
339WAA, 339WBK, 339WD, 339WG R3B434
339WB R1B434
Solid
neoprene
.125"(3.2) x
2.00"(50.8)
.219"
(5.6)
.094" (2.4)
1.00"
(25.4)
1.440"
(36.6)
#6 x 1.00"(25.4) PPHSDS
339W
#6 x 1.00"(25.4) PPHSDS
Solid
neoprene
.125"(3.2) x
1.375"(34.9)
.219"
(5.6)
.094" (2.4)
1.00"
(25.4)
.815"
(20.7)
339
539
Finishes:
AA, BK,
D, G
Options:
SEC
ANSI/BHMA:
539AA, 539BK, 539D, 539G R3B434
Solid
neoprene
.408
(10.4)
1.00" (25.4)
1.00" (25.4)
#6x1.00"(25.4)
PPHSDS
539
39W
Finishes:
A, BK,
D, G
Options:
SEC
ANSI/BHMA:
39WA, 39WBK,
39WD, 39WG R3B434
Solid
neoprene
.125"(3.2) x
2.00"(50.8)
#6 x 1.00"(25.4) PPHSDS
.195"
(5.0)
.070" (1.8)
1.250"
(31.8)
1.111"
(28.2)
39W
328
Finishes:
AA, BK, D, G,
B, B-ORB
Options:
ZAG, S,
SEC
ANSI/BHMA:
328AA, 328BK, 328D, 328G R3B434
328B R1B434
Solid
neoprene
.219"
(5.6)
.094" (2.4)
1.00"
(25.4)
.250"
(6.4)
#6 x 1.00"(25.4) PPHSDS
328
Specworks® Cut Ref.# ZER_0128 pg 1 of 1
PDF created by Specworks® Page 47 of 50 Page 217 of 316 14 • Zero • Door sealing systems • www.zerointernational.com Finishes:
A Aluminum mill finish
BK Aluminum black anodized
D Aluminum dark bronze anodized
G Aluminum gold anodized
B Bronze, architectural mill finish
B-ORB Oil-rubbed bronze
Options:
E Epoxy abrasive tread
EL Photoluminescent and abrasive epoxy tread
V3 Full body strength fill
EV3 Epoxy and full body strength fill
ELV3 Photoluminescent and abrasive epoxy tread, full body strength fill
Note:
Special anchors available for mounting most
thresholds on concrete surfaces.
Thresholds
See Thresholds Accessories & options page for details.
Appendix Specialty applications Sound control Intumescent Weatherstripping Perimeter seals Automatic door bottoms Thresholds Saddle thresholds
63 Finishes:
A, BK, D, G
Options:
E, EL, V3,
EV3, ELV3
ANSI/BHMA:
63A, 63BK, 63D, 63G J32100, J32130
63A-E, 63BK-E, 63D-E, 63G-E J32200, J32230
544
Finishes:
A, BK, D, G
Options:
E, EL, V3,
EV3, ELV3
ANSI/BHMA:
544A, 544BK, 544D, 544G J32100, J32130
544A-E, 544BK-E, 544D-E, 544G-E J32200, J32230
545
Finishes:
A, BK, D, G
Options:
E, EL, V3,
EV3, ELV3
ANSI/BHMA:
545A, 545BK, 545D, 545G J32100, J32130 545 545A-E, 545BK-E, 545D-E, 545G-E J32200, J32230 .250"
(6.4)
.125"(3.2)
5.00"(127.0)
.125"(3.2) 1.60"(40.6)
546
Finishes:
A, BK, D, G
Options:
E, EL, V3,
EV3, ELV3
ANSI/BHMA:
546A, 546BK, 546D, 546G J32100, J32130
546A-E, 545BK-E, 546D-E, 546G-E J32200, J32230
Supplied without mounting holes.
546
.250"
(6.4)
.140"(3.6)
6.00"(152.4)
.188"(4.8) 2.00"(50.8)
545B
Finishes:
B, B-ORB
Options:
E, EL, V3,
EV3, ELV3
(not available for B-ORB finish)
ANSI/BHMA:
545B J12100, J12130
545B-E J12200, J12230
5.00"(127.0)
.250"
(6.4)
.125"(3.2)
Claw-grip edge .125"(3.2) 1.60"(40.6)
545B
64 Finishes:
A, BK, D, G
Options:
E, EL, V3,
EV3, ELV3
ANSI/BHMA:
64A, 64BK, 64D, 64G J32100, J32130 63 64A-E, 64BK-E, 64D-E, 64G-E J32200, J32230 .250"
(6.4)
.125"(3.2)
3.00"(76.2)
544
.250"
(6.4)
.125"(3.2)
4.00"(101.6)
.125"(3.2) 1.50"(38.1)
2.50"(63.5)
.125"(3.2)
.250"
(6.4)
64 Specworks® Cut Ref.# ZER_0093 pg 1 of 1
PDF created by Specworks® Page 48 of 50 Page 218 of 316 See Perimeter seals Accessories & options page for details. 78 • Zero • Door sealing systems • www.zerointernational.com Perimeter seals
Finishes:
A Aluminum mill finish
AA Aluminum clear anodized
BK Aluminum black anodized
D Aluminum dark bronze anodized
G Aluminum gold anodized
B Bronze, architectural mill finish
B-ORB Oil-rubbed aged bronze
Options:
FLO Air flow/ sound block
PSA Pressure-sensitive adhesive
ZAG Ligature resistant gasketing
S Order as a set
SEC Security screws
Appendix Specialty applications Sound control Intumescent Weatherstripping Perimeter seals Automatic door bottoms Thresholds Note:
Follow NPFA 80 requirements for fire door clearances.
Adjustable surface-mounted meeting stiles for beveled doors Meeting stiles
55 155
Finishes:
AA, BK,
D, G
Options:
SEC
ANSI/BHMA:
55AA/155AA, 55BK/155BK, 55D/155D, 55G/155G R3F836
Fire-rated as a set--both components required. Order components separately. 55 555
Finishes:
AA, BK,
D, G
Options:
SEC
ANSI/BHMA:
55AA/555AA, 55BK/555BK, 55D/555D, 55G/555G
R3E834
Fire-rated as a set--both components required. Order components separately. 55FS 555FS
Finishes:
AA, BK,
D, G
Options:
SEC
ANSI/BHMA:
55FS-AA/555FS-AA, 55FS-BK/555FS-BK,
55FS-D/555FS-D, 55FS-G/555FS-G R3U834
Fire-rated as a set--both components required. Order components separately. 55AA 155AA
Pile insert
Adjusting
screw
1.00"(24.5)
.561"
(14.2)
#6 x 1.00"(25.4) PPHSDS
EPDM rubber
Spring
1.00"(24.5)
55 155
.561" (14.2)
Silicone
Adjusting
screw
1.00"(24.5)
#6 x 1.00"(25.4) PPHSDS
.561"
(14.2)
Spring
1.00"(24.5)
55 555
EPDM rubber
.561"
(14.2)
EPDM rubber Silicone
1.00"(24.5)
#6 x 1.00"(25.4) PPHSDS
.561" (14.2)
Spring
1.00"(24.5)
Adjusting
screw
55FS 555FS
.561"
(14.2)
Intumescent
873
Finishes:
AA, BK,
D, G
Options:
SEC
ANSI/BHMA:
873AA, 873BK, 873D, 873G R3E834
#6 x 1.00"(25.4) PPHSDS
Unit has adjusting
screws approx. 10"
on center. .875"(22.2)
.500"
(12.7)
Silicone seal
873
871
Finishes:
AA, BK,
D, G
Options:
S, SEC
ANSI/BHMA:
871AA, 871BK, 871D, 871G R3F835
#6 x 1.00"(25.4) PPHSDS
Unit has adjusting
screws approx. 10"
on center. .875"(22.2)
.500"
(12.7)
Pile with fin seal
871
Specworks® Cut Ref.# ZER_0144 pg 1 of 1
PDF created by Specworks® Page 49 of 50 Page 219 of 316 See Weatherstripping Accessories & options page for details. www.zerointernational.com • Door sealing systems • Zero • 97 Weatherstripping
Finishes:
BK Black
BR Brown
CL Clear
GY Gray
WH White
B Architectural mill finish bronze
Z Mill finish Zinc
Options:
PSA Pressure-sensitive adhesive
ZAG Ligature-resistant gasketing
Appendix Specialty applications Sound control Intumescent Weatherstripping Perimeter seals Automatic door bottoms Thresholds Self-adhesive weatherstripping
Solid neoprene and silicone seals (cont.)
8172N
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
8172N R0C155
PSA standard.
8780N
Finishes:
BK
Options:
PSA, ZAG
ANSI/BHMA:
8780N R0C155
Mullion seal
926N
Finishes:
BK
Options:
PSA, ZAG
ANSI/BHMA:
926N R0C155
PSA standard.
139N
Finishes:
BK
Options:
PSA, ZAG
318N
Finishes:
BK
Options:
PSA, ZAG
826N
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
826N R0C155
PSA standard.
3708N
Finishes:
BK
Options:
PSA, ZAG
8770N
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
8770N R0C155
PSA standard.
312N
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
312N R0C155
PSA standard.
8216S
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
8216S R0E154
PSA standard.
PSA
.234" (5.9)
.500"
(12.7)
8216
117S
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
117S R0E154
PSA standard.
117
.400"
(10.2)
PSA
8150S
Finishes:
BK
Options:
ZAG
ANSI/BHMA:
8150S R0E154
PSA standard.
8150
.500"
(12.7)
.375"
(9.5) PSA
Closed cell sponge neoprene seals
.125"
(3.2)
.250"
(6.4)
PSA
8172N
.125"
(3.2)
PSA
.500"(12.7)
8770N
.185"
(4.7)
PSA
.500"(12.7)
312N
.094"
(2.4)
1.00"(25.4)
PSA (optional)
8780N
.125"
(3.2)
1.250"(31.8)
139N
PSA (optional)
.125"
(3.2)
.375"
(9.5)
PSA
826N
.185"
(4.7)
.375"
(9.5)
PSA
926N 318N
.375"
(9.5)
.750"(19.1)
PSA (optional)
3708N
.400"
(10.2)
1.00"(25.4)
PSA (optional)
Specworks® Cut Ref.# ZER_0157 pg 1 of 1
PDF created by Specworks® Page 50 of 50 Page 220 of 316
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Ravi Pudipeddi, City Engineer
SUBJECT: APPROVAL OF NOTICE OF COMPLETION AND ACCEPTANCE OF WORK FOR TRACT 7346 PHASE 3
RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; accept the public improvements constructed for Tract 7346 Phase 3; authorize the City Engineer to file a Notice of Completion and Acceptance of Work for the tract; and authorize the release 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) continues to develop Gossamer Grove and has recently completed construction of all public improvements within Tract 7346 Phase
3. The improvements include earthwork, water, sewer, storm drain facilities, curbs and gutters, medians, perimeter walls, street paving, street lighting, sidewalks, landscaping, and miscellaneous underground utilities, including City fiber optic. Oildale Mutual Water Company has provided the City of Shafter with documentation stating the water system is acceptable and ready for public use. All other improvements have been completed per the approved plans and are acceptable to the City staff. Public improvements like these must be dedicated by the developer and accepted by the City.
ANALYSIS
Lennar previously filed performance bonds with the City to cover 100% of proposed construction costs for Tract 7346 Phase 3, included in the Subdivision Improvement Agreement. The bond ensures the developer's faithful performance in constructing the required public improvements. Upon recommendation of the City Engineer, the bond amount can be reduced to 25% of the proposed construction costs once the Council accepts the improvements. Even if the bond amount is reduced, Lennar will make any repairs to the improvements deemed necessary by the City during a one-year warranty period. At the end of the warranty period, the improvements are then the responsibility of the City.
APPROVAL OF NOTICE OF COMPLETION AND ACCEPTANCE OF WORK FOR TRACT 7346 PHASE 3
- 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 action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a notice of completion for work on a tract that has alreadt been environmentally cleared 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
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 for Tract 7346 Phase 3.
ATTACHMENTS
1. TR 7346-3, Recorded
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Rocio Mosqueda, Accounting Manager
SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING THE APPLICATION FOR THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49
U.S.C. SECTION 5311) WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; adopt Resolution 2964, a Resolution of the City Council of the City of Shafter, California, Authorizing the Federal Funding Under FTA Section 5311 (49 U.S.C. Section 5311) with the California Department of Transportation for Fiscal Year 2024-2025.
BACKGROUND
The City annually files an application for federal assistance for funding a portion of the operation of our transit system. The City updated the resolution that establishes who is authorized to execute and file Section 5311 grant applications and assurances, who is authorized to furnish additional information as the Department of Transportation may require, and who is authorized to execute affirmative and minority business policies and who is authorized to execute the grant award.
ANALYSIS
Securing of 5311 grant funds will fund a portion of the Transit Operations for Fiscal Year (FY) 2024-2025.
FISCAL IMPACT
These funds are annually budgeted, and this funding source assists in the delivery of transit services in the community. KernCOG is the lead agency for administering FTA 5311 grant funds to all Cities in the county and does so through the adoption of a Program of Projects (POP). The Fiscal Year 2024-2025 allocation to the City of Shafter is estimated to be $129,421.
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 resolution authorizing application for federal funding with the California Department of Transportation and therefore, it is the creation
ADOPTION OF RESOLUTION AUTHORIZING THE APPLICATION FOR THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION
- 2 -
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
The Council may choose not to apply for the grant (not recommended).
NEXT STEPS
Upon adoption of Resolution, staff will complete grant application to Caltrans and secure funding for FY 2024-2025
ATTACHMENTS
1. Resolution 2964 Federal Transportation Act FTA Funds FY 2024-2025
RESOLUTION NO. 2964
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER,
CALIFORNIA, AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the U. S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for nonurbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1F and FTA C 9050.1); and
WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 grants for transportation projects for the general public for the rural transit and intercity bus; and WHEREAS, the City of Shafter desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in Kern County; and WHEREAS, the City of Shafter has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Shafter, California, that the City Manager and Administrative Services Director of the City of Shafter is hereby authorized to:
Section 1. Execute and file applications on behalf of the City of Shafter with the Department to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1F and FTA 9050.1), as amended, Section 2. Execute and file all certification of assurances, contracts or agreements or any other document required by the Department.
Section 3. Provide additional information as the Department may require in connection with the application for the Section 5311 projects.
Section 4. Submit and approve request for reimbursement of funds from the Department for the Section 5311 project(s).
PASSED, APPROVED AND ADOPTED ON THIS 22nd DAY OF MAY, 2024. __________________________
Chad Givens, Mayor
ATTEST:
__________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
___________________________
Marco A. Martinez, City Attorney
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Rachel Zermeno, Community Engagement Manager SUBJECT: DISCUSSION OF PROPOSAL BY THE SHAFTER PRESS FOR
ADVERTISING AND PROMOTION SERVICES IN THE AMOUNT
OF $25,000
RECOMMENDATION
Council finds action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and, due to the City of Shafter already deploying an active community engagement strategy, consider forgoing the contract for outside advertising and promotion services by the Shafter Press.
BACKGROUND
Shafter Wasco Publishing was founded in February 2018, to continue publication of the Shafter Press and Wasco Tribune after the demise of Reed Publishing, which had published the papers for many years. It was founded at the time with full support and encouragement from the City of Shafter. It has continued in operation despite many challenges and has a local print distribution of 1500 plus 500 hits on the website each week. It is the only local coverage of day-to-day events in the City. Since readership is often several per printed copy, the newspaper reaches several thousand Shafter residents weekly. Since COVID forced the combining of the Shafter Press with the Wasco Tribune, the Paper also reaches several thousand more in the Wasco community. The paper continues today because several residents have stepped in to make up for financial shortfalls. That support is waning.
In May 2022, Michael Schroder of the Shafter-Wasco Publishing Co. met with the City Manager to introduce the concept of an advertising and City promotion contract. The concept didn't come to fruition then, as the Shafter-Wasco Publishing Co. applied for COVID monies to assist with their business.
In April 2024, Stan Wilson and Carol Kroeker of the Shafter-Wasco Publishing Co. met with the City Manager to reintroduce the same concept to the City regarding the promotion contract to reach residents with current information for a proposed cost of $25,000 annually.
At that meeting, City Manager Gonzalez informed their representatives that the City had created its first-ever Community Engagement Division to increase the City's communication and engagement footprint by utilizing social media platforms.
DISCUSSION OF PROPOSAL BY THE SHAFTER PRESS FOR ADVERTISING AND PROMOTION SERVICES IN THE AMOUNT OF $25,000
- 2 -
ANALYSIS
In March 2021, the City partnered with the California State University of Bakersfield (CSUB) to conduct a community survey on various topics, receiving a total of 93 responses. One topic included communication with the public. When CSUB observed the forms of communication the City Government uses to communicate with the public, they observed a notable rate of "indifferent" responses, making it a point that the level of communication between the City and the public was weak. The survey concluded that overall, the community was pleased with how the City is running and how their government was working for them, but recommended that the City host public events and open forums and have a greater presence on social media. With the generation evolving and moving into a more tech-savvy generation, these recommendations would allow the City Government to serve its community better. By increasing its presence on social media, the public can see that the city government is involved within the community.
In August 2021, the City created a Communication and Engagement Plan. The plan was designed to help guide City Staff on how to improve effective communication and strengthen the variety of ways we can engage. We considered the recommendations from the community survey and increased our social media presence. Social media and newspapers serve different but complementary roles in communicating with the public, especially for local government entities, by providing real-time updates and the opportunity to engage and interact; it's cost-effective, shareable, and accessible to all.
Social Media offers the City a broader reach, making it a valuable tool for us to engage with our community in real-time. Since increasing our presence on Social Media, we have significantly improved our followers and engagement, and we plan to continue this approach while making improvements along the way.
In 2023, the City conducted the same community survey in partnership with California State University of Bakersfield, receiving 354 responses. Based on the responses, the City of Shafter residents were still satisfied with how the City Government worked for them. However, communication and transparency with the community need to continue to increase to reduce the number of neutral responses on the various topics moving forward.
DISCUSSION OF PROPOSAL BY THE SHAFTER PRESS FOR ADVERTISING AND PROMOTION SERVICES IN THE AMOUNT OF $25,000
- 3 -
Overall, social media offers a dynamic, interactive, and cost-effective way to communicate with residents, making it a preferred choice for many organizations and agencies as they move with the times and the future with instantaneous communication and a wider reach while using multimedia concepts such as videos, images, and infographics. Making communication more engaging and visually appealing compared to traditional newspaper articles.
Additionally, the city recently deployed its first-ever mass notification platform, CodeRed. This platform will allow the City to communicate with the residents in real time during a major incident, either human-induced or natural. The utility of CodeRed is multiple uses and capabilities, not only to inform but also to engage residents in real time by responding to any questions that residents may pose. Even the City's website has been updated to make it more user-friendly and more functional for the end user.
In conclusion, if residents continue to see the City Government involved in more community relations, this would create a connection for greater responses in future surveys, thus allowing the City Government to provide the residents with a better quality of life.
FISCAL IMPACT
No budget action is required. The item is presented for discussion purposes only.
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 an advertising and promotions contract 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
NEXT STEPS
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: ADOPTION OF RESOLUTION CLARIFYING REPORTABLE
COMPENSATION TO THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM (CALPERS) FOR FLOATING HOLIDAYS
AND HOLIDAY PAY FOR NON-REPRESENTED EMPLOYEES.
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and adopt Resolution 2965, a Resolution of the City Council of the City of Shafter, clarifying reportable compensation to CalPERS for floating holidays and holiday pay for Non-Represented Employees.
BACKGROUND
Wages and related benefits for non-represented full-time employees are established by resolution of the City Council. Recently, CalPERS issued directives to the City requiring clarification on reportable compensation for floating holidays and holiday pay. In accordance with this directive, amendments are necessary to clarify and ensure compliance with CalPERS regulations for reporting certain compensation.
ANALYSIS
To meet the requirements set forth by CalPERS, Resolution No. 2965 aims to clarify reportable compensation to CalPERS for floating holidays and holiday pay retroactive to January 1, 2006. Key points addressed in the resolution include:
1. Clarification that floating holidays are not reportable to CalPERS as special compensation. However, they may be reported as earnings.
2. Clarification that the regular rate of pay, for the purpose of holiday compensation, includes base pay plus the hourly equivalent of certain special pays (e.g., Longevity Pay, Education Incentive, POST Certificate Pay, Bilingual Incentive, and Water Certification Pay).
FISCAL IMPACT
None. The change codifies the City’s practice.
ADOPTION OF RESOLUTION CLARIFYING REPORTABLE COMPENSATION TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) FOR FLOATING HOLIDAYS AND HOLIDAY PAY FOR NON-REPRESENTED EMPLOYEES. - 2 -
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because it adopts a resolution for wage and related benefits for non-represented employees. Therefore, it is a governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
There are no alternatives to the recommended action because the amendments are consistent with CalPERS direction, which would otherwise result in the loss of retirement benefits for City employees.
NEXT STEPS
Upon approval of the resolution, the following will occur:
1. Staff shall provide CalPERS with the ratified resolution.
ATTACHMENTS
1. Resolution 2965 Non Represented Employee Benefits Clarification
RESOLUTION NO. 2965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AMENDING
THE WAGE AND RELATED BENEFITS FOR NON-REPRESENTED FULL-TIME
EMPLOYEES
WHEREAS, the City Council of the City of Shafter formally established wages and related benefits for non-represented full-time employees by resolution as of January 1, 2018.
WHEREAS, the City Council desires to amend the terms of previously approved and adopted resolutions that establish wages and related benefits for non-represented full-time employees of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Shafter as follows:
Section 1. The following Sections of Resolution No. 2562, 2628, 2698, 2765, 2838, 2898, and 2954 are amended to incorporate the changes and additions as follows:
SECTION 2.7 HOLIDAYS
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive two (2) floating holidays. Employees hired after November 11 shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. Floating holidays are not reportable to CalPERS as special compensation. However, holidays taken may be reported as earnings under Government Code Section 20630.
e. Employees assigned to work on holidays shall be compensated in the pay period for which holidays are worked. Holiday compensation shall be at time and one-half (1/2) of his/her regular rate of pay for all hours worked during the holiday, in addition to the eight (8) hours straight time of holiday pay. The regular rate of pay, for the purpose of holiday compensation, includes base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Education Incentive, POST Certificate Pay, Bilingual Incentive, and Water Certification Pay.).
Section 2. This amendment is retroactive to January 1, 2006. Except as expressly modified by this Resolution, the provisions of existing Resolution No. 2954 remain in full force and effect.
Shafter City Council Resolution No. 2965
May 22, 2024
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF MAY 2024. ___________________________________
Chad Given, Mayor Date
ATTEST:
____________________________________
Yazmina Pallares, City Clerk Date
APPROVED AS TO FORM:
____________________________________
Marco A. Martinez, City Attorney Date
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: APPROVAL OF THE SIDE LETTER AGREEMENT WITH THE
CITY OF SHAFTER (CITY) AND THE SHAFTER PUBLIC WORKS
UNIT OF THE SERVICE EMPLOYEE INTERNATIONAL UNION,
LOCAL 521 (SEIU L-521), CLARIFYING REPORTABLE
COMPENSATION TO THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM (CALPERS) FOR FLOATING HOLIDAYS
AND HOLIDAY PAY.
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and approve the Side Letter Agreement between the City and Shafter Public Works Unit of the Service Employee International Union, Local 521 (SEIU L-521), clarifying reportable compensation to CalPERS for floating holidays and holiday pay.
BACKGROUND
Recently, CalPERS issued directives to the City requiring clarification on reportable compensation for floating holidays and holiday pay. In accordance with this directive, the City met and consulted with SEIU L-521 to address this matter and ensure compliance with CalPERS regulations for reporting certain compensation.
ANALYSIS
To meet the requirements set forth by CalPERS, City staff and SEIU L-521 have agreed to the terms specified in the side letter agreement aimed at clarifying reportable compensation to CalPERS for floating holidays and holiday pay retroactive to January 1, 2006. Key points addressed in the side letter agreement include:
1. Clarification that floating holidays are not reportable to CalPERS as special compensation. However, they may be reported as earnings.
2. Clarification that the regular rate of pay, for the purpose of holiday compensation, includes base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Bilingual Incentive, Education Incentive, and Water Certification Pay).
APPROVAL OF THE SIDE LETTER AGREEMENT WITH THE CITY OF SHAFTER (CITY) AND THE
SHAFTER PUBLIC WORKS UNIT OF THE SERVICE EMPLOYEE INTERNATIONAL UNION, LOCAL 521 (SEIU L-521), CLARIFYING REPORTABLE COMPENSATION TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) FOR FLOATING HOLIDAYS AND HOLIDAY PAY.
- 2 -
FISCAL IMPACT
None. The change codifies the City’s practice.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because it approves a side letter agreement. Therefore, it is a governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
There are no alternatives to the recommended action because the amendments are consistent with CalPERS direction, which would otherwise result in the loss of retirement benefits for City employees.
NEXT STEPS
Upon approval of the side letter agreement with SEIU L-521, the following will occur:
1. Staff shall provide CalPERS with the ratified side letter agreement.
ATTACHMENTS
1. SEIU Side Letter Agreement to MOU - 2024 05 22
SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SHAFTER AND
THE SHAFTER PUBLIC WORKS UNIT OF THE
SERVICE EMPLOYEE INTERNATIONAL UNION, LOCAL 521
The authorized representatives of the City of Shafter and the Shafter Public Works unit of the Service Employee International Union, Local 521 (collectively, “Parties”) have met and consulted pursuant to the Memorandums of Understanding (the “MOU”), approved and adopted by the City Council. The Parties have determined that modifying certain MOU provisions through this Side Letter Agreement (“Agreement”) is reasonable and appropriate.
Section 1. The following Sections of the MOUs effective July 1, 2005 to June 30, 2006, July 1, 2006 to June 30, 2008, July 1, 2008 to June 30, 2010, July 1, 2010 to June 30, 2012, January 1, 2013 to December 31, 2013, January 1, 2014 to December 31, 2014, January 1, 2015 to December 31, 2015, January 1, 2016 to December 31, 2016, January 1, 2017 to December 31, 2017, January 1, 2018 to December 31, 2019, January 1, 2020 to December 31, 2020, January 1, 2020 to December 31, 2020, January 1, 2021 to December 31, 2021, January 1, 2022 to December 31, 2023, and January 1, 2024 to December 31, 2025 are amended to incorporate the changes and additions as follows:
SECTION 5.7 HOLIDAYS
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive two (2) floating holidays. Employees hired after November 11 shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. Floating holidays are not reportable to CalPERS as special compensation. However, holidays taken may be reported as earnings under Government Code Section 20630.
e. Employees assigned to work on holidays shall be compensated in the pay period for which holidays are worked. Holiday compensation shall be at time and one-half (1/2) of his/her regular rate of pay for all hours worked during the holiday, in addition to the eight (8) hours straight time of holiday pay. The regular rate of pay, for the purpose of holiday compensation, includes base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Bilingual Incentive, Education Incentive, and Water Certification Pay).
Section 2. This amendment is retroactive to January 1, 2006. Except as expressly modified by this Side Letter, the provisions of the existing MOU remain in full force and effect.
Ratification
This Side Letter Agreement has been ratified on May 22, 2024, pursuant to the recommendation of the following parties:
SEIU CITY
____________________________________ ____________________________________ Delia Serrano, SEIU Internal Organizer Date Gabriel A. Gonzalez, City Manager Date ____________________________________ ____________________________________ Marcelino Ibarra, SEIU President Date Chad Givens, Mayor Date ____________________________________
Abel Arellano, Board Member Date
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Carol Chavolla, HR Manager
SUBJECT: APPROVAL OF THE SIDE LETTER AGREEMENT WITH THE
CITY OF SHAFTER (CITY) AND THE SHAFTER POLICE
OFFICERS ASSOCIATION (SPOA), CLARIFYING REPORTABLE
COMPENSATION TO THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM (CALPERS) FOR FLOATING HOLIDAYS
AND HOLIDAY PAY.
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; and approve the Side Letter Agreement between the City and the Shafter Police Officers Association (SPOA), clarifying reportable compensation to CalPERS for floating holidays and holiday pay.
BACKGROUND
Recently, CalPERS issued directives to the City requiring clarification on reportable compensation for floating holidays and holiday pay. In accordance with this directive, the City met and consulted with SPOA to address this matter and ensure compliance with CalPERS regulations for reporting certain compensation.
ANALYSIS
To meet the requirements set forth by CalPERS, City staff and SPOA have agreed to the terms specified in the side letter agreement aimed at clarifying reportable compensation to CalPERS for floating holidays and holiday pay retroactive to January 1, 2006. Key points addressed in the side letter agreement include:
1. Clarification that floating holidays are not reportable to CalPERS as special compensation. However, they may be reported as earnings.
2. Clarification that the regular rate of pay, for the purpose of holiday compensation, includes base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Education, Incentive, POST Certificate Pay, Bilingual Incentive, Canine Officer Pay, Shift Differential, and Training Officer Pay).
APPROVAL OF THE SIDE LETTER AGREEMENT WITH THE CITY OF SHAFTER (CITY) AND THE
SHAFTER POLICE OFFICERS ASSOCIATION (SPOA), CLARIFYING REPORTABLE COMPENSATION TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) FOR FLOATING HOLIDAYS AND HOLIDAY PAY.
- 2 -
FISCAL IMPACT
None. The change codifies the City’s practice.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because it approves a side letter agreement. Therefore, it is a governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Yes
ALTERNATIVES
There are no alternatives to the recommended action because the amendments are consistent with CalPERS direction, which would otherwise result in the loss of retirement benefits for City employees.
NEXT STEPS
Upon approval of the side letter agreement with SPOA, the following will occur:
1. Staff shall provide CalPERS with the ratified side letter agreement.
ATTACHMENTS
1. SPOA Side Letter Agreement to MOU - 2024 05 22
SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SHAFTER AND
THE SHAFTER POLICE OFFICERS ASSOCIATION
The authorized representatives of the City of Shafter and the Shafter Police Officers Association (collectively, “Parties”) have met and consulted pursuant to the Memorandums of Understanding (the “MOU”) approved and adopted by the City Council. The Parties have determined that modifying certain MOU provisions through this Side Letter Agreement (“Agreement”) is reasonable and appropriate.
Section 1. The following Sections of the MOUs effective July 1, 2005 to June 30, 2006, July 1, 2006 to June 30, 2008, July 1, 2008 to June 30, 2010, July 1, 2010 to June 30, 2011, January 1, 2013 to December 31, 2013, January 1, 2014 to December 31, 2014, January 1, 2015 to December 31, 2015, January 1, 2016 to December 31, 2016, January 1, 2017 to December 31, 2017, January 1, 2018 to December 31, 2018, January 1, 2019 to December 31, 2019, January 1, 2020 to December 31, 2020, January 1, 2021 to December 31, 2021, January 1, 2022 to December 31, 2023, and January 1, 2024 to December 31, 2024 are amended to incorporate the changes and additions as follows:
SECTION 5.7 HOLIDAYS
b. The two floating holidays listed above are earned on a fiscal year, July 1 to June 30, and do not carry over to the next fiscal year. Employees hired on or before November 11 shall receive two (2) floating holidays. Employees hired after November 11 shall receive one (1) floating holiday. Floating holidays must be used by June 30 with the approval of the department head and shall be consistent with the efficient operation of the department. Floating holidays are not reportable to CalPERS as special compensation. However, holidays taken may be reported as earnings under Government Code Section 20630.
d. The holiday is recognized beginning at 12 a.m. at the start of the day on the holiday it falls on until 12 a.m. at the end of the day on the holiday. The maximum holiday compensation is eight (8) hours at straight time when an employee does not work on the holiday. Holiday compensation when an employee works on the holiday shall be time and one-half (1/2) of his/her regular rate of pay for all hours worked during the holiday, in addition to the eight (8) hours straight time of holiday pay. The regular rate of pay, for the purpose of holiday compensation includes base pay plus the hourly equivalent of certain special pays (i.e., Longevity Pay, Education Incentive, POST Certificate Pay, Bilingual Incentive, Canine Officer Pay, Shift Differential, and Training Officer Pay).
Section 2. This amendment is retroactive to January 1, 2006. Except as expressly modified by this Side Letter, the provisions of the existing MOU remain in full force and effect.
Ratification
This Side Letter Agreement has been ratified on May 22, 2024, pursuant to the recommendation of the following parties:
SPOA CITY
____________________________________ ____________________________________ SPOA President Date Gabriel A. Gonzalez, City Manager Date ____________________________________ ____________________________________ SPOA Vice President Date Chad Givens, Mayor Date
____________________________________
SPOA Board Member Date
____________________________________
SPOA Board Member Date
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Community Services Director
SUBJECT: APPROVAL OF PROPOSED SCHEDULE AND BUDGET FOR THE
FIRST FRIDAYS DATES AND EXPENSES
RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve the proposed schedule and budget for the First Fridays event for the 2024 and 2025 seasons, as recommended by the Council's Downtown Committee.
BACKGROUND
This item is a recommendation from the Council's Downtown Committee. First Fridays began in 2023 as an initiative to attract residents and visitors to downtown Shafter, supporting downtown businesses and creating family-centered community-building events. The events are organized by the City with input and support from downtown stakeholders. Following positive community feedback from 2023 events, the Council's Downtown Committee recommends continuing First Fridays in 2024 and 2025.
ANALYSIS
The proposed schedule calls for three events in 2024 (June 14, August 2, and September 6), which will complement the major community events already scheduled.
Setting dates early for 2025 (April 4, June 6, August 1, September 5, and October 3) allows other community groups to plan around First Fridays, have all the events on the first Friday of the month, and to extend the season of events from April to October.
The estimate of expenses below is based on 2023 costs including both in-kind contributions of staff time and cash expenses.
Summary
Per Event Labor Costs (in kind) $6,348
2024: 3 Events $19,044
2025: 5 Events $31,740
Per Event Cash Expenses $6,193
2024: 3 Events $18,579
APPROVAL OF PROPOSED SCHEDULE AND BUDGET FOR THE FIRST FRIDAYS DATES AND
EXPENSES
- 2 -
2025: 5 Events $30,965
Detail
City Labor Costs Per Event Number of Hours
Rate Without
Benefits Total
Public Works Crew of 4 for 12
Hours
First 8 Hours 32 $40 $1,280
Next 4 Hours 16 $53 $848
Total Public Works $2,128
Police Department, 4 officers
@$65/hr $3,120
Part-Time - Events Support
(SLLC Staff) 50 $22 $1,100
Per Event Labor Costs (in
kind) $6,348
2024: 3 Events $19,044
2025: 5 Events $31,740
Cash Expenses Per Event
Toilets $1,300
Insurance $1,650
Health Permit ($970 for 12
months) $243
Entertainment $2,000
Advertising and Other $1,000
Per Event Cash Expenses $6,193
2024: 3 Events $18,579
2025: 5 Events $30,965
Revenue (2023)
Donations $6,250
Insurance and Fees $3,840
Total Revenue $10,090
FISCAL IMPACT
APPROVAL OF PROPOSED SCHEDULE AND BUDGET FOR THE FIRST FRIDAYS DATES AND
EXPENSES
- 3 -
The total cost for hosting First Fridays for the 2024-25 Fiscal Year is estimated to fall within the budget amounts for community promotional activities. Therefore, no additional fiscal impact or budget amendment is required.
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 the proposed schedule and budget for the First Fridays event for the 2024 and 2025 seasons 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
An alternative is to direct staff to leave the organization of downtown events to private organizations such as the Chamber of Commerce or downtown businesses themselves. No private group has expressed interest in organizing these events and it is unlikely that First Friday events would be ready in time for the 2024 summer season.
This is not recommended.
NEXT STEPS
Staff is planning events for the 2024 and 2025 season in consultation with the Downtown Committee and a group of downtown stakeholders.
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: David Franz, Community Services Director
SUBJECT: DISCUSSION AND DIRECTION ON THE SHAFTER LEARNING
CENTER ASSESSMENT AND FUTURE COLLABORATION
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; discuss the findings and recommendations from the Shafter Learning Center Assessment and provide direction on future collaborative efforts with local schools.
BACKGROUND
In June 2023, the City Council directed staff to assess the effectiveness of the programs offered by the Shafter Learning Center. This assessment involved a review of class participation data, interaction with local school leadership, and evaluation of outreach effectiveness. It aimed to determine how well the Learning Center was serving the Shafter community and supporting educational development across diverse demographics.
On December 20, 2023 the Council's Education Committee met with local school leaders to discuss the results of the assessment and discuss ways to improve collaboration. Richland identified the District Librarian, Lesley Jarrett, as a point person for working with the Learning Center to promote literacy. A Library & Learning Center Advisory Committee made up of elected leaders and staff from local school districts and the City, as well as community stakeholders was also proposed.
On April 17, 2024 the Shafter Library & Learning Center Advisory Committee met to share updates, progress in collaboration, and discuss how we can do more. One idea from that meeting was to invite new teachers to the Library & Learning Center after the Kiwanis new teacher lunch and provide them with books for their classroom libraries.
ANALYSIS
Key findings from the assessment indicate:
• Learning Center programming effectively reaches a broad segment of the community.
DISCUSSION AND DIRECTION ON THE SHAFTER LEARNING CENTER ASSESSMENT AND
FUTURE COLLABORATION
- 2 -
• Students from all local schools participate at comparable rates when proximity and grade-level differences are considered.
Moving forward, this report provides a baseline for future assessment and monitoring of Learning Center usage patterns and collaboration with schools. The establishment of the Library & Learning Center Advisory Council will also foster regular discussions on enhancing educational collaboration.
FISCAL IMPACT
There is no direct fiscal impact from the discussion of this report. Any future programs or enhancements stemming from Council direction may have budget implications that will be assessed and presented as part of subsequent discussions or recommendations.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is a discussion of the findings and recommendations from the Shafter Learning Center Assessment and providing direction on future collaborative efforts with local schools 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
NEXT STEPS
The Shafter Library & Learning Center Advisory Committee is scheduled to meet twice per year. Staff will continue to collect data and update Council through existing reporting channels. In addition the assessment will provide a baseline for updates as needed.
ATTACHMENTS
1. SLC Assessment 5.22.24
2. SLLC Advisory Committee Presentation
1 Learning Center Assessment
May 22, 2024
Execu�ve Summary
This analysis of data from the Learning Center opera�ons, students, local schools, surveys and focus groups found that the Learning Center is effec�vely providing access to learning opportuni�es for the community of Sha�er. Class offerings cover a wide range of academic topics open to students across ages and ability levels. The Learning Center has a posi�ve reputa�on and is perceived as welcoming to students, even students who do not atend classes. Students from all Sha�er schools par�cipate at similar rates when accoun�ng for proximity and grade level differences. Addresses of par�cipants are spread across neighborhoods in the Sha�er core, with some students from lower income outskirts. Academic performance levels of Richland-Learning Center students are similar to those of Richland students who do not atend Learning Center classes.
Three areas were iden�fied for ongoing monitoring and improvement:
• Par�cipa�on data by school and address to monitor changes in access (annual updates).
• Ensure all social media poster images are fully available in English and Spanish (ongoing monitoring, annual audits).
• Work with Richland students and staff to form connec�ons and increase use.
2 Background and Research Ques�on
At the June 20, 2023 mee�ng of the Sha�er City Council, Council directed staff to conduct an assessment of the effec�veness of Learning Center programs. On June 28, 2023, staff presented a dra� outline to the Council’s Educa�on Subcommitee, consis�ng of Mayor Givens and Councilmember Alvarado, by email.
This outline describes the research ques�on of the report: Is the Sha�er Learning Center (SLC) providing effec�ve programming to families and students across the Sha�er community? It also laid out the steps of the research for this report: iden�fying dimensions of measurement, conduc�ng a data inventory, analyzing poten�al obstacles to access, iden�fy gaps in informa�on and gather addi�onal data, answer the research ques�on, and create a plan for monitoring progress.
This report provides a snapshot of current results and a framework for ongoing efforts towards improvement. The report is intended to inform the SLC’s stakeholders, including the City of Sha�er, the Kern County Library, Bakersfield College, and the Sha�er residents, about the strengths and challenges of the SLC work in the community.
Purpose
The Sha�er Library & Learning Center (SLLC) mission is “To nurture the seeds of discovery, learning, and connec�on, and help spread those roots across our community.” The Sha�er Learning Center (SLC) aims to achieve this mission by offering classes, educa�onal events, computer, prin�ng, and internet access, and hos�ng classes and support services from Bakersfield College at the 236 James Street facility.
Access is core to the City’s investment in educa�on. Going back to the 2011 City Budget, "Fairness” was listed as one of the values of the department. The 2013-14 City of Sha�er Budget describes the purpose of the new Sha�er Learning Center as crea�ng educa�onal “opportuni�es for families and students of all ages and levels.” The purpose of this report is to assess the extent to which SLC has achieved the goal of access to its classes. Access means that every student in Sha�er can discover, learn, and connect through Learning Center classes, regardless of who they are or where
3 they live. This assessment is also an opportunity to iden�fy obstacles to achieving this goal and develop ideas for responding to them.
Procedure
The first step in this project was to define the dimensions to measure and conduct an inventory of available data.
Staff collected and organized student informa�on from registra�on forms and the Learning Center student informa�on system. This included address, age, school, and classes atended. Staff also conducted an inventory of outreach, adver�sing, and enrollment workflows at the Learning Center.
Demographic informa�on is available by school and district from the California Department of Educa�on’s Dataquest site. Staff were also able to collect informa�on about student academic performance level as measured by state tests with Richland School District. It is important to note, however, that student privacy laws require that this informa�on be anonymous. This limits its usefulness in answering ques�ons about specific students or across dimensions other than state test performance.
Because Richland provided averages of students who atend Learning Center classes, it was possible to compare test scores from Learning Center students from Richland to their peers who do not atend Learning Center classes.
Next, staff assessed the scope of the data, and sought to fill gaps with internal surveys, focus groups, and interviews. Staff had already conducted a major community-wide survey and focus group project in 2019. That project focused largely on people who used the Learning Center. Where relevant, these results were drawn upon and supplemented by addi�onal surveys, focus groups, and interviews of people who do and do not use the Learning Center, as well as staff.
Finally, staff organized the data for analysis, evaluated the findings, and outlined recommenda�ons for changes and ongoing monitoring.
4 Dimensions of Analysis
To evaluate the SLC’s performance using data, it is important to first define dimensions for comparison. In this report, we use three dimensions:
1) School
2) Address
3) Academic Performance
We do not have direct data on income, assets, race, or ethnicity for individual students or families. However, it is possible to look at differences in par�cipa�on by school, address, and academic performance level (as measured by state tests) as a way of gaining some insight into the influence of socioeconomic factors in Learning Center par�cipa�on and in reported percep�ons of the Learning Center. We can also look at our processes of outreach, adver�sing, and course enrollment for explana�ons for difference in par�cipa�on and possible obstacles to access that might affect parts of our community in different ways.
Schools
There are five K-8th grade public schools in Sha�er. Richland School District has three elementary schools (K-6th grade), with students who live in the neighborhoods around each school, and one junior high school that includes students from across the district. Grow Academy Sha�er is a public K-8th grade charter school that mostly draws students from across Sha�er and is also open to students across Kern County.
While not located in the Sha�er city limits, many Sha�er students atend nearby public schools in the Maple Elementary District and Rio Bravo Greeley Elementary District. The Norris Elementary District does not currently have any schools in Sha�er, but the district boundaries include the Gossamer Grove neighborhood at the southern edge of Sha�er.
Every public school district in California collects data about their students and families that is published on the California Department of Educa�on website. This includes data about socioeconomic status, English language acquisi�on, and ethnicity.
Students are considered “Socioeconomically Disadvantaged” if they are a foster
5 youth, classified as an English learner, or are eligible for Free or Reduced Lunch under the Na�onal School Lunch Program. Students are classified as an English Learner if they have a language other than English iden�fied on a home language survey at enrollment and have not demonstrated English proficiency through a series of state tests. Qualifica�on of the Free and Reduced Lunch is determined by family income and household size.
Table 1: Sha�er Schools by Demographic Characteris�cs
School Socioeconomically
Disadvantaged
English
Learner
Hispanic or
Latino
Golden Oak 91% 41% 95%
Sequoia 87% 32% 95%
Redwood 84% 40% 87%
Richland Junior
High 84% 30% 96%
Grow Academy 75% 22% 76%
Shafter High 88% 16% 92%
Maple* 54% 11% 49%
Rio Bravo Greeley
(District)* 50% 9% 89%
Norris Elementary
(District)* 33% 5% 39%
Source: California Department of Educa�on, Dataquest
*indicates school loca�on outside of the City of Sha�er The public elementary and junior high schools in Sha�er are similar on these metrics (see Table 2), 75% to 91% of students are defined as Socioeconomically Disadvantaged, 22% to 41% as English Learners, and 76% to 96% as ethnically Hispanic or La�no. Maple, Rio Bravo Greeley, and Norris stand out for having fewer students
6 who are Socioeconomically Disadvantaged and fewer English Learners. Maple and Norris also have significantly fewer Hispanic or La�no students.
7 Table 2: Sha�er Learning Center Students by School
School School Enrollment
(2022-23)
SLC Enrollment
(2022-23)
SLC
Participation
Rate
Golden Oak 729 72 10%
Sequoia 585 39 7%
Redwood 672 65 10%
Richland Junior
High 589 29 5%
Grow Elementary 626 79 13%
Grow Junior High 175 17 10%
Shafter High
School 1,651 6 <1%
Maple* 294 35 12%
Rio Bravo Greeley
(District)* 1,012 21 2%
Norris Elementary
(District)* 3,878 7 <1%
Other* NA 29 NA
Pre-K, Adult, or
Unknown NA 143 NA
Total NA 542 NA
Source: California Department of Educa�on, Dataquest
*indicates school loca�on outside of the City of Sha�er
8 The six public elementary and junior high schools in Sha�er are similar in Learning Center par�cipa�on rates(Table 2).
1 The Learning Center only offered one high school
class in 2022-23 because high school classes have historically had low demand. This does not include high school student par�cipa�on in other events at the Center that do not require registra�on, such as Día del Niño and Bakersfield College advising or ac�vi�es like the 14 College Onramp programs, which were offered at Sha�er High School and had 280 par�cipants.2
Address
For the 2022-23 school year, the Learning Center had 542 students. Most of these students had a registra�on address in Sha�er (Table 3).
Table 3: Sha�er Learning Center Students by City of Residence City of Residence Number of Students 2022-23
Shafter 461
Bakersfield 47
Wasco 28
Buttonwillow 1
Students who live outside of Sha�er o�en have some connec�on to Sha�er. For example, some students live in Bakersfield or Wasco, but atend school in or around Sha�er. Of the Bakersfield residents, 10 atend Grow Academy, 3 atend Maple, and 1 atends Golden Oak. The other students who live in Bakersfield are adults, preschool, 1 Grow Academy (Elementary and Junior High) is considered a single school by the state and in state repor�ng. However, enrollment numbers are broken out separately here for comparison.
2 The Learning Center database includes birthdates, but not grade levels. This is to reduce form length for families and to avoid confusion, as interpre�ng grade level requires knowing the school year it refers to and upda�ng every year. Mistakes are especially common for summer registra�on. Birthdates do not change and so are more efficient as a measure.
9 or did not list a school. Of the Wasco residents, 6 atend Sha�er High, 5 atend Sequoia, 5 atend Maple, and 2 atend Grow Academy. Map 1 below shows the spread of addresses across the en�re area. To beter show the distribu�on of addresses within Sha�er, Map 2 zooms in on the core. More Learning Center students live on the southwestern side of Central Valley Highway than the northeastern side. However, Learning Center students come from across the core of Sha�er. Neighborhoods close to the Learning Center are well represented, but the outlying neighborhoods also have students from mul�ple households, including North Sha�er, Smith Corner, Cherokee Strip, and La Colonia.
Map 1: Sha�er Learning Center Students (Area)
10 Map 2: Sha�er Learning Center Students (Core)
Academic Performance
Figures 1 through 4 compare Richland students who atend SLC classes to Richland district wide averages on California Assessment of Student Performance and Progress (CAASPP) in English Language Arts (ELA) and Mathema�cs. The “Mean Scale Score” is simply the average score by group. The data are also broken down by percentage of each group that met or exceeded the grade level standard.
11 Figure 1: English Language Arts (ELA) Mean Scale Score (CAASPP) Source: California Department of Educa�on, Dataquest
Figure 2: ELA Standard Met or Exceeded by Grade (CAASPP) Source: California Department of Educa�on, Dataquest
12 Figure 3: Math Mean Scale Score (CAASPP)
Source: California Department of Educa�on, Dataquest
Figure 4: Math Standard Met or Exceeded by Grade (CAASPP) Source: California Department of Educa�on, Dataquest
13 Outreach
Sha�er Learning Center outreach has four elements:
1) Physical visibility at the building, including ac�vi�es, murals, sidewalk chalk, and signage
2) Sharing informa�on through schools
3) Staff presence at community and school events
4) Internet communica�on through social media and website The primary outreach of the Sha�er Learning Center is the building itself. The expansion, which opened in 2022, added color, as well as moving some ac�vity outside. This has increased visibility in a central loca�on. At the beginning of a new semester, staff have put a popup tent outside for outreach during the high traffic hour a�er school. The second most important form of outreach is sharing informa�on through the schools. The Learning Center Manager shares events and new class schedules with our local public schools for distribu�on, emailing representa�ves from Richland School District and Grow Academy Sha�er for sharing through their parent communica�on channels. Beyond that formal informa�on sharing, rela�onships with administra�on and especially with key teachers (art teachers, librarians) are also important. A third method of outreach is events. Table 4 provides examples of outreach work.
14 Table 4: Recent Sha�er Learning Center Outreach Ac�vi�es Date Event Type of Outreach
April 27, 2023 Día del Nino SLC Event
April 29, 2023 Cinco de Mayo Parade Float and
Informational Booth
May 16, 2023 BC Express Enrollment High School Outreach June 9, 2023 First Friday Information Booth
July 22, 2023 Community Park Ribbon
Cutting Information Booth
August 4, 2023 First Friday Information Booth
August 28, 2023 Grow Literacy Information
Meeting Presentation
August 29, 2023 Golden Oak Back to School Information Booth August 29, 2023 Redwood Back to School Information Booth August 29, 2023 Sequoia Back to School Information Booth August 30, 2023 Richland Jr. High Back to
School Information Booth
September 28, 2023 Grow Literacy Night Information Booth October 1, 2023 St. Therese Festival Information Booth
October 17, 2023 Richland Junior High Career
Fair Information Booth
A fourth method of communica�on and outreach is the internet. The Learning Center has several kinds of internet presence. One is simply providing hours and loca�on
15 informa�on. From May to September 2023, 2,904 people viewed the Sha�er Library & Learning Center Business Profile on Google or Google Maps. Sixty percent of those searches were on a phone and 424 (15%) resulted in a phone call. A second kind of presence is the Library & Learning Center website
(Sha�erLearning.com), which provides class and event informa�on along with online registra�on. From May to September 993 people clicked to Sha�erLearning.com from Google. Overall, the Learning Center site had 6,400 visits and 3,700 unique visitors. A third is social media - Facebook and Instagram. The Library & Learning Center have 2,174 followers on Facebook. Facebook does not provide detailed demographic informa�on beyond gender and age. It is noteworthy that 80% of followers are women and fully half of SLLC Facebook followers are women between the ages of 18 and 44. The Sha�er Library & Learning Center has 674 followers on Instagram.
Language
All Tutors at the Learning Center are bilingual in English and Spanish. The goal of the department is for informa�onal posts on social media and signage to be in both English and Spanish as there are many parents who only speak one of those two languages. However, a sample of social media posts suggests that there is s�ll room for improvement here. For example, in September, Story Time announcements were not translated into Spanish. These were the only informa�onal posts that were not bilingual, but Story Time announcements were a significant por�on of the social media posts in September and brought the percentage of translated informa�onal posts down to 70%. This since been corrected and all Story Time posts will be in English and Spanish.
Surveys and Interviews
In 2019, staff conducted a public survey (Figures 5 and 6). The most relevant ques�ons for purposes of this report were about use of the Learning Center and impressions of the Sha�er Learning Center. The survey instrument did not include demographic informa�on.
16 Figure 5: Survey Response (2019) “Have you or someone in your family used the Sha�er Learning Center?
Figure 6: Survey Response (2019) “Do you have a posi�ve impression of the Sha�er Learning Center?
17 One knowledge gap at the beginning of this study was informa�on about student percep�ons of the Learning Center. Staff focused on collec�ng informa�on from Richland Junior High students because their proximity makes them a likely market for Learning Center services, they are at an age when demand for classes begins to drop, and because junior high students are more independent and their feelings are more directly related to atendance than younger students. Surveys of Richland Junior High students found that while less than half of respondents had taken a Learning Center class, most students knew someone who had taken a class. A similar percentage of students taking classes had a Sha�er Library card (See Figure 7).
Figure 7: Survey of Richland Junior High Students (2023) Staff conducted three sessions of focus group interviews, two at Richland Junior High and one at the Sha�er Learning Center. Par�cipants indicated that they think of using the Library and the Learning Center as related. Some did not know that they could get a library card or that they could take classes without a library card. However, all the respondents expected that they would be welcomed if they came to the Learning Center.
18 Among students who did take Learning Center classes, several said that the classes were a chance to do something they enjoyed. Others reported that the appeal of the Learning Center was simply that it was a safe space away from their home. For example, one student, when asked why he took classes, said, “Because I don’t like to be at my house.”
Classes
Classes at the Learning Center are intended to inspire, educate, and engage, or as the mission statement says: discover, learn, and connect. This means that classes should be both educa�onal and fun. They also cover a wide range of topics. For example, currently, there are 27 different classes offered at the Learning Center on the following topics:
• Kindergarten readiness (six classes)
• Tutoring for math or homework help (six classes)
• Art and art history (four classes)
• Spanish (four classes)
• Cooking, baking, and food science (three classes)
• Computer programming and robo�cs (two classes).
• Plant science (one class)
• Games and strategy (one class)
Analysis
The first step of this analysis is to answer the research ques�on (“Is the Sha�er Learning Center (SLC) providing effec�ve programming to families and students across the Sha�er community?”) on the three measured dimensions: school, address, and academic performance, followed by an evalua�on of outreach and student percep�ons, and finally class offerings.
School
Within the City of Sha�er, the schools, at least as measured by state sta�s�cs on ethnicity, socioeconomic disadvantage, and English Learner status, are very similar.
19 The differences between the Sha�er schools are far smaller than the differences between all Sha�er schools and Maple, Rio Bravo-Greeley, and Norris schools taken as a group. For this reason, the most important ques�on is whether Maple, Rio BravoGreeley, and Norris students represent a dispropor�onate number of Learning Center students. Because many of the students who atend these schools are residents of Sha�er, it is not surprising that some atend Learning Center classes. Students from Maple, Rio Bravo-Greeley, and Norris together make up less than 12% of Learning Center enrollment.
Differences in Learning Center par�cipa�on by school are best explained by proximity and grade level. The elementary school within the City limits with the lowest rate of par�cipa�on is Sequoia, which is also the only elementary on the other side of Central Valley Highway from the Learning Center. The elementary schools all have higher par�cipa�on than Richland Junior High and Sha�er High School. This is consistent with a long-standing patern of higher demand for elementary grade classes at the Learning Center.
Learning Center traffic was at or near highs during the period measured (2022-23 school year). Nonetheless, the highest rate of par�cipa�on from any one school was only 12%. This highlights the vast differences in size between the Learning Center and our schools. Even in the highest par�cipa�on grades, only about 1 in 8 local students are taking a single class at the Learning Center.
In short, the available evidence suggests that access to Learning Center opportuni�es is similar across schools. While students in upper grades and students who atend school farther away are less represented in Learning Center enrollment, this does not appear to be related to systema�c differences in access other than by distance and student age.
Going forward, this is worth monitoring. If the number of students from these schools were to grow rela�ve to the enrollment of Sha�er schools, it would suggest that there might be some obstacle to Sha�er school students enrolling.
20 Address
The spread of Learning Center student addresses is quite wide - from southeast Bakersfield to north of Wasco to Butonwillow. However, the vast majority (86%) of Learning Center students live in the core area of Sha�er. The distribu�on within Sha�er is spread across the populated areas of the core, with more students on the southwest side of Central Valley Highway, where most of the popula�on lives. It is also important to note that students who live in the disadvantaged outlying communi�es around Sha�er also atend Learning Center classes. This suggests that moderate distance is not an insurmountable obstacle to atendance for students in low-income areas.
Most students from outside of Sha�er have parents working in Sha�er, atend school in Sha�er, or are otherwise connected to the community. The intended audience of the Learning Center classes are Sha�er residents.
Academic Performance
In English-Language Arts, students from Richland School District who atend Learning Center classes score slightly beter than their peers on standardized state tests on average and in most grades. In Math, Richland Learning Center students perform beter in third and fourth grades, but worse in fi�h through seventh grades. Learning Center students are not exclusively high or low performing students.
Outreach Practices and Student Perceptions
Outreach prac�ces appear to be successful in recrui�ng students evenly across school, address, and academic performance. However, this study found room for improvement in transla�ng social media posts and informing Richland Junior High students about Learning Center opportuni�es. Richland Junior students did report perceiving the Learning Center as a welcoming place.
Class Offerings
Class offerings cover a wide range of ages and academic topics. This diversity of course offerings is consistent with the goal of helping students to discover areas of interest
21 that might be outside of the tradi�onal curriculum. These offerings respond to student demand and are consistent with the mission of discovery, learning, and connec�on.
Other approaches to the Learning Center and course offerings are possible. For example, the Learning Center could serve as a hub for social services or be a remedia�on for students who are struggling in par�cular subjects. It could also focus on older students and adults and offer job skills and voca�onal training. These changes would be a policy decision from Council and are outside of the scope of this report.
Conclusion and Recommenda�ons
In response to the research ques�on -“Is the Sha�er Learning Center (SLC) providing effec�ve programming to families and students across the Sha�er community?” - the Sha�er Learning Center is succeeding in providing access across the dimensions staff was able to measure: school, address, and academic performance. However, this is not the end, but part of an ongoing process of monitoring and improvement. As such, the study has iden�fied four areas for ongoing monitoring and improvement. • Annually monitor student enrollment by school and address (update by December 2024).
• Ensure that all informa�onal posters and images online are always available in English and Spanish. This is a point of emphasis with staff and will be monitored on an ongoing basis.
• Work with school staff to form connec�ons and increase use, par�cularly at schools that are close to the Center and with lower par�cipa�on. • Meet with Sha�er Library & Learning Center Advisory Council twice per year to share informa�on and solicit feedback.
Shafter Library & Learning Center
Advisory Committee Meeting
April 18th, 2024
Agenda for today
I. Why Are We Here?
II. Review of 2023-24 at SLLC
III. Coming Up Soon
IV. How Can We Do More Together?
V. Adjournment
Why We Are Here
2023-24 Highlights
2023-24 Highlights
2023-24 Highlights
2023-24 Highlights
Book Bags
Art Projects
TK and Kinder Prep
Summer Session
Storytime
Update on ongoing collaboration
Catalogs
Newsletter
Dolly Parton Imagination Library
Events
Opportunities
August 2nd, Stuff the Bus
Summer Reading Challenge
Friends of the Library Newsletter
Field Trips - Exhibits
New Teacher Meetings
What More Can We Do Together?
Adjournment
David Franz
Community Services Director
[email protected]
Irene Montoya
Community Services Manager
[email protected]
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: DISCUSSION REGARDING POSSIBLE GENERAL PLAN UPDATE
COMMITTEES
RECOMMENDATION
Council receive and file. This item is for informational purposes only.
BACKGROUND
The purpose of this report is to update the Council on various committees that staff is proposing to form to assist in the development of the General Plan Update. The three proposed committees are:
• General Plan Advisory Committee
• Technical Advisory Committee
• Environmental Justice Advisory Committee
The following section provides the purpose of each committee and staff’s thoughts on who should be on each committee.
ANALYSIS
General Plan Advisory Committee
A General Plan Advisory Committee (GPAC) provides community representation by including residents, businesses, civic organizations, and other relevant entities, which brings a diverse perspective to the planning process. A GPAC helps ensure that the general plan reflects the values and priorities of the community and assists in refining policies that address various aspects of community development, such as land use, transportation, housing, environmental sustainability, economic development, and infrastructure.
As the name suggests, a GPAC advises local government officials, planning staff, and consultants involved in the general plan process. They provide recommendations and guidance based on community input, technical analysis, and best practices.
A GPAC also helps foster consensus among diverse stakeholders by facilitating
DISCUSSION REGARDING POSSIBLE GENERAL PLAN UPDATE COMMITTEES - 2 -
discussions, resolving conflicts, and finding common ground on contentious issues.
This collaborative approach promotes buy-in and support for the general plan. A GPAC assists in articulating a long-term vision for the community's future growth and development. They consider factors such as population growth, demographic trends, economic opportunities, and quality of life.
Overall, the purpose of a GPAC is to ensure that the general plan reflects the collective vision, values, and aspirations of the community while also addressing the practical needs and challenges of sustainable development.
Staff has developed a tentative list of possible GPAC members:
• Two (2) City Council members
• Five (5) individuals appointed by City Council (one per Councilmember) • One (1) member-at-large appointed by entire City Council • One (1) Wonderful Company representative
• One (1) Suburban Land Reserve representative
• One (1) Richland School District representative
• One (1) Shafter Recreation & Park District representative • One (1) Planning Commission member
• One (1) Minter Field Airport District representative
• One (1) Mr. Sills representative
Technical Advisory Committee
A Technical Advisory Committee (TAC) for a general plan update serves a specific role in providing specialized expertise and technical guidance throughout the planning process. TAC members are professionals with expertise in various technical fields relevant to the general plan update, such as urban planning, transportation engineering, geographic information systems), housing policy, and infrastructure planning. Their technical knowledge enhances the quality and accuracy of the planning process.
TAC members can assist in collecting, analyzing, and interpreting data related to demographic trends, land use patterns, transportation networks, environmental conditions, economic indicators, and other factors that inform the general plan update.
They provide insights based on rigorous analysis and research.
TAC members also contribute to the development and evaluation of planning policies and strategies proposed in the general plan update and review draft documents, maps, and technical reports prepared during the general plan update process.
A TAC plays a role in quality assurance by verifying the accuracy of data, analysis methodologies, and technical assumptions used in the general plan update. They help identify potential errors, gaps, or inconsistencies and propose solutions to address them.
DISCUSSION REGARDING POSSIBLE GENERAL PLAN UPDATE COMMITTEES - 3 -
Overall, the purpose of a TAC is to ensure that the general plan update is grounded in sound technical analysis, informed by best practices, and responsive to the complex challenges and opportunities facing the community. Their expertise contributes to the development of a comprehensive, data-driven, and implementable planning document.
It is envisioned that staff in various City departments will comprise the TAC. Staff has developed a tentative list of possible TAC members based on department:
• Planning – Steve/Alan
• Public Works – Mike/TBD
• Building – Dennis/Ryan
• Engineering – Ravi/TBD
• GIS – Chris/Jose
• Economic Development – Nando/Gio
• Education – David/TBD
• City Manager – Rachel/TBD
• City Attorney – Marco/TBD
Environmental Justice Advisory Committee
An Environmental Justice Advisory Committee (EJAC) for a general plan update serves a critical role in ensuring that the planning process and resulting policies address environmental justice issues within the community. EJAC members represent communities that have historically faced disproportionate environmental burdens, such as low-income neighborhoods, communities of color, indigenous populations, and other marginalized groups. The committee ensures that the voices of these communities are heard, and their concerns are addressed in the general plan update process.
The EJAC promotes equitable decision-making by advocating for policies and strategies that prioritize the needs and interests of vulnerable populations and contributes to the development, review, and implementation of policies and initiatives aimed at addressing environmental justice concerns in the general plan update.
Overall, the purpose of an EJAC is to advance environmental justice principles and ensure that the general plan update reflects the needs, priorities, and aspirations of all community members, particularly those who have been historically marginalized or underserved. By centering equity and inclusion in the planning process, EJACs contribute to building more resilient, sustainable, and just communities.
A draft EJ Element was prepared for the City a few years ago but was not finalized because of the need to prepare an Environmental Impact Report (EIR) for the Element.
Staff reasoned that if an EIR is needed for the general plan update, then, for cost reasons, it would be better to prepare one EIR for the general plan update that includes analysis of an EJ Element as part of the general plan update effort. Additionally, staff
DISCUSSION REGARDING POSSIBLE GENERAL PLAN UPDATE COMMITTEES - 4 -
further reasoned that including the EJ Element as part of the general plan update would provide consistency with the rest of the general plan. A group of environmental justice advocates were part of an advisory group on that past effort, and staff plans to reach out to that same group to determine who should be on the EJAC for the general plan update. Staff anticipates less than 10 individuals, including staff, on such a committee.
FISCAL IMPACT
There is no additional fiscal impact in forming these committees. Subconsultant costs to assist in overseeing these three possible committees are already accounted for in the scope of work for the General Plan Update.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger CEQA review.
APPROVED BY THE CITY ATTORNEY
ALTERNATIVES
This report is for informational purposes only. Therefore, there are no alternatives.
NEXT STEPS
Based on Council direction, staff shall move forward with developing the committees, plan future committee meetings, and develop protocols for how the committees will function.
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: DISCUSSION ON AQUATIC CENTER CONCEPTUAL BUILDING
LAYOUT UPDATE
RECOMMENDATION
Discussion of the conceptual layout of the new main building at the Shafter Aquatics Center.
BACKGROUND
Upon Council approval at its March 5, 2024 meeting, staff awarded a professional services agreement to Ordiz Melby Architects to develop detailed plans and specifications for constructing a new main building at the Shafter Aquatics Center. Ordiz Melby has used feedback provided by Councilmembers, staff, and pool stakeholders to develop a preliminary conceptual layout for the new building, which is included in this staff report. Having City concurrence with this layout is essential before the detailed plans and specifications are prepared for bidding.
ANALYSIS
As previously requested, the new building closely matches the size and shape of the original building, mainly to ensure efficient use of the available space and stay within a targeted construction cost. This approach also ensures that the footprint of the new construction seamlessly integrates with the surroundings. The interior layout has undergone modifications to enhance functionality within the building and optimize the space for use by the public and staff.
FISCAL IMPACT
No budget action is required. The item is presented for discussion purposes only.
CEQA ANALYSIS
The requested item is exempt from the California Environmental Quality Act. The item is presented for discussion purposes only.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
DISCUSSION ON AQUATIC CENTER CONCEPTUAL BUILDING LAYOUT UPDATE - 2 -
There are no alternatives to the recommended action. The item is resented for discussion purposes only.
NEXT STEPS
Feedback provided by Councilmembers and the public will be provided to Ordiz Melby and incorporated into the final conceptual building layout, detailed drawings, and specifications. Authorization to bid the construction of the building will be put on a future Council meeting agenda.
ATTACHMENTS
1. Aquatic Center Building Conceptual Layout
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 22, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Gabriel Gonzalez, City Manager
SUBJECT: APPROVAL OF A PURCHASE AND SALE AGREEMENT
BETWEEN CITY OF SHAFTER AND ALLIANCE READY MIX INC.,
FOR THE CITY-OWNED PROPERTY LOCATED AT 100 CARVER
ST, APN 091-180-16
RECOMMENDATION
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the Purchase And Sale Agreement And Joint Escrow Instructions (“Purchase Agreement”) for the Property (as defined below.); and, authorize the City Manager or designee to execute all documents incident to the agreement and to consummate the sale, subject to conforming changes by each of the City manager City attorney.
BACKGROUND
The City of Shafter (“City”) currently owns in fee title, the property located at 100 Carver St., in the City of Shafter, County of Kern, State of California 932363, commonly referred to as Assessor's Parcel Numbers 091-180-16-00-4 (the “Property”). The Property consists of 4.62 acres (201,247 square feet).
City is currently leasing the Property to Alliance Ready Mix, Inc., a California corporation (“Alliance Ready”) under the lease agreement last executed on or around June 21, 2018 (the “Lease”). Pursuant to Section 36 of the Lease, Alliance Ready has a one-time option right to purchase the Property. On June 7, 2023, Alliance Ready provided notice to City exercising its right to purchase the Property.
City Council has met in closed session to discuss the pricing terms of the sale of the Property. Staff has completed negotiations of the Purchase Agreement with Alliance Ready. The terms of the Purchase Agreement include the following:
• Total purchase price: $1,100,000.00 of which $110,000.00 is payable as a deposit, with the remaining balance of $990,000.00 due at Escrow closing. • Escrow to close upon the recording of the Grant Deed.
This sale is exempt from the Surplus Land Act (SLA) because as of January 1, 2024, the SLA allows an exemption for disposal of property pursuant to any legally binding
APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN CITY OF SHAFTER AND ALLIANCE READY MIX INC., FOR THE CITY-OWNED PROPERTY LOCATED AT 100 CARVER ST, APN 091-180-16
- 2 -
agreement entered into before September 30, 2019, so long as the disposal is complete by December 31, 2027. Because the sale is contemplated by the terms of the Lease, made effective as of June 21, 2018, and the anticipated closing will occur on a date that is before December 31, 2027, the City does not need to comply with the SLA to facilitate the sale of the Property.
The Agreement is subject to the City of Shafter’s Planning Commission’s approval, as required by Section 65402 of the California Government Code to make a finding of General Plan conformance.
ANALYSIS
The City desires to sell the Property to Alliance Ready in compliance with the Lease and for economic development purposes. Any person may attend the May 22, 2024 public hearing and present evidence or testimony regarding the proposed sale and conveyance of the Property.
Written comments regarding the proposed sale and conveyance of the Property may also be submitted, in writing, to the City Clerk at [email protected] , in advance of or at the public hearing for inclusion in the record of the public hearing. Staff hereby recommends that City Council approve this Purchase and Sale Agreement with Alliance Ready, and authorize the City Manager or designee to execute all documents incident to the agreement and to consummate the sale.
FISCAL IMPACT
The sale of the property will result in revenue of $1,100,000.00.
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 the sale of real property with a use 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
ALTERNATIVES
None
NEXT STEPS
If Council approves the Purchase Agreement, Staff will obtain signatures and open escrow for the transfer of title of the Property to Alliance Ready. Upon meeting the escrow conditions, Property title will be transferred to the Alliance Ready for its use. We anticipate title transfer to be completed in 45 days.
ATTACHMENTS
1. Shafter - PSA - 100 Carver St
APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN CITY OF SHAFTER AND ALLIANCE READY MIX INC., FOR THE CITY-OWNED PROPERTY LOCATED AT 100 CARVER ST, APN 091-180-16
- 3 -
17236.00000\42186248.1
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is made and entered into as of ______________, 20___ for reference purposes only, by and between the CITY OF SHAFTER, a California municipal corporation (“Seller”), and ALLIANCE READY MIX, Inc., a California corporation (“Buyer”).
The date upon which both Buyer and Seller have executed this Agreement and delivered the same to one another, shall hereinafter be referred to as the “Effective Date”.
IN CONSIDERATION of the respective agreements hereinafter set forth, Seller and Buyer hereby agree as follows:
1. Purchase and Sale of Property. Seller hereby agrees to sell “AS-IS” and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, the following (collectively, the “Property”):
(a) That certain real property located at 100 Carver St., in the City of Shafter, County of Kern, State of California 932363, commonly referred to as Assessor's Parcel Numbers 091-180-16-00-4, all as more fully described in Exhibit A (the “Land”), together with all rights, privileges, easements or appurtenances to or affecting the Land (collectively, the “Appurtenances”).
2. Purchase Price.
(a) The purchase price for the Property (“Purchase Price”) shall be One Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00). (b) The Purchase Price shall be paid as follows:
(i) Within three (3) days following the Effective Date, Seller and Buyer shall open an escrow in connection herewith (“Escrow”) at Placer Title Company (“Escrow Holder”), and Buyer shall deposit into Escrow the amount of One Hundred Ten Thousand and 00/100 Dollars ($110,000.00) (“Deposit”) in cash or other immediately available funds. (ii) The Initial Deposit shall be held by Escrow Holder in an interestbearing account for the benefit of Buyer in accordance with this Agreement. Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Initial Deposit (the “Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall be paid to Seller within 3 days of the Effective Date. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer's right to satisfy and approve all of Buyer's conditions herein contained. (iii) The Deposit (less the Independent Consideration) are referred to herein from time to time as the “Earnest Money.” The Earnest Money shall be held by Escrow Holder in an interest-bearing account for the benefit of Buyer in accordance with this Agreement.
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(iv) If the Closing (as defined herein) as contemplated hereunder should occur, then the Earnest Money will be paid by the Escrow Holder to Seller at the Closing, and the Earnest Money and any interest accrued thereon will be credited against the Purchase Price payable by Buyer to Seller at the Closing.
(v) If this Agreement is not terminated prior to the expiration of the Feasibility Period, the Earnest Money and any interest accrued thereon shall be nonrefundable to Buyer, except that if this Agreement is terminated prior to the Closing due to Seller's default or the failure of any of the Conditions Precedent (as defined herein) or as expressly set forth herein, then the Earnest Money together with any interest accrued thereon shall be returned to Buyer. The Earnest Money together with all interest accrued thereon shall be applied to the Purchase Price at the Closing.
(vi) On or before the Closing, if this Agreement has not been earlier terminated, Buyer shall deposit into Escrow cash or other immediately available funds in the amount of the balance of the Purchase Price, less any credits due Buyer hereunder (the “Closing Amount”). The Closing Amount shall be applied towards the Purchase Price at the Closing.
3. Title to the Property. At the Closing, Seller shall cause to be conveyed to Buyer fee simple title to the Property by duly executed and acknowledged grant deed substantially in the form attached hereto as Exhibit B and incorporated herein by this reference (the “Deed”) as well as a duly executed Bill of Sale for the Personal Property, if any. As used in this Agreement, Closing (the “Closing”) shall be deemed to occur upon the recording of the Deed. Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner's policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided below (the “Title Policy”). The Title Policy shall provide full coverage against mechanics' and materialmen's liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer's approval of any title exceptions (the “Endorsements”). Within five (5) business days following the opening of Escrow, Seller shall order the issuance of a preliminary title report with respect to the Property, together with copies of all underlying documents referenced therein and a map containing a plotting of all easements capable of being plotted (collectively, the “Preliminary Report”), to be prepared by the Escrow Holder and delivered to Buyer. No later than thirty (30) business days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report which Buyer disapproves (“Buyer's Disapproval Notice”). Failure of Buyer to notify Seller of Buyer's disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s). In any event, Seller covenants to remove as exceptions to title prior to the Closing, any mortgages, deeds of trust, and other monetary encumbrances (collectively, “Disapproved Liens”) shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) business days after receipt of Buyer's Disapproval Notice whether it elects to remove such other items disapproved by Buyer. If by the expiration of the Feasibility Period, there remain exceptions to title which have not been modified to the satisfaction of Buyer and/or removed prior to the Closing Date, then Buyer may elect to do either of the following by the expiration of the Feasibility Period: (i) accept such exceptions and proceed to take title to the Real Property subject to such exception(s); or (ii) this Agreement may be terminated in accordance with Section 4(b).
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In the event Buyer elects to terminate this Agreement pursuant to this Section 3, neither party shall have any further obligations to the other hereunder (except under provisions of this Agreement which specifically state that they survive termination).
4. Feasibility.
(a) From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall afford authorized representatives of Buyer access to the Property, upon reasonable prior notice to Seller, and so long as such access does not unreasonably interfere with the conduct of business on or use of the Property, for purposes of conducting such physical inspections and investigations of the Property as Buyer deems necessary (the “Inspections”).
Seller's representative shall be present with Buyer or Buyer's representative for any access to the Property. The Inspections and investigations may include, without limitation, (i) a review of existing zoning, entitlement, planning or similar issues applicable to the Property; (ii) a review of the physical condition of the Property and the systems serving the Property; (iii) a review of the environmental condition of the Property, including a Phase I environmental site assessment and any proposal regarding a Phase II environmental site assessment. Buyer agrees not to conduct or cause to be conducted a Phase II environmental site assessment without the prior written consent of Seller. Buyer's Inspections and investigations shall be governed by Section 14. (b) As used herein, the term (“Feasibility Period”) shall refer to a period of time to expire at 5:00 p.m., California time, on the thirtieth (30th) calendar day following the Effective Date; provided, however, that if the 30th day is a Saturday, Sunday or holiday on which banking institutions are closed in the State of California, then the Feasibility Period shall expire on the following business day. Buyer may elect, by written notice to Seller at any time prior to the expiration of the Feasibility Period, to terminate this Agreement, which election shall be in Buyer's sole and absolute discretion. If Buyer desires to terminate this Agreement pursuant to this Section 4(b) then before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of Buyer's election to terminate (the “Buyer's Notice to Terminate”). If Buyer desires to proceed with the purchase of the Property subject to the remaining conditions set forth in this Agreement, then on or before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of such election to proceed (the “Buyer's Notice to Proceed”), electing to waive Buyer's right of termination pursuant to this Section 4(b) and proceed with the Closing subject to the remaining conditions set forth in this Agreement. If Buyer fails to deliver either Buyer's Notice to Terminate or Buyer's Notice to Proceed to Seller prior to the expiration of the Feasibility Period, then Buyer shall be deemed to have elected to proceed with this Agreement and the Closing. In the event of the termination of this Agreement pursuant to this Section 4(b), neither party shall have any further obligations to the other hereunder (except under provisions of this Agreement which specifically state that they survive termination). (c) In the event Buyer elects to terminate this Agreement pursuant to Section 4(b), or if Closing does not occur for any reason, Buyer shall return all Seller's Deliveries to Seller. Buyer further agrees that prior to Closing, Buyer shall provide Seller with copies of all studies, reports, appraisals and other materials commissioned by or prepared for Buyer relating to or regarding the Property (“Buyer's Reports”), at no cost to Seller.
5. Intentionally Omitted.
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6. Conditions to Seller's Obligations. Seller's obligations hereunder, including, but not limited to, its obligation to consummate the purchase transaction provided for herein, are subject to the satisfaction of each of the following conditions, each of which is for the sole benefit of Seller and may be waived by Seller in writing in Seller’s sole and absolute discretion:
(a) Buyer shall not be in default under this Agreement. (b) Each representation and warranty made in this Agreement by Buyer shall be true and correct in all material respects at the time as of which the same is made and as of the Close of Escrow.
7. Conditions Precedent to Closing. The following are conditions precedent to Buyer's obligation to purchase the Property (the “Conditions Precedent”). The Conditions Precedent are intended solely for the benefit of Buyer and may be waived only by Buyer in writing in Buyer’s sole and absolute discretion. In the event any Condition Precedent is not satisfied, Buyer may, in its sole and absolute discretion, terminate this Agreement, subject to the provisions of Section 8.
(a) Buyer's inspection, review and approval, within the Feasibility Period, of all of the following:
(i) The physical characteristics and condition of the Property (including without limitation the condition of the soils);
(ii) Seller's Deliveries; and,
(b) Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Buyer as provided in Section 3 above. (c) The City of Shafter’s Planning Commission’s approval of this Agreement as required by Section 65402 of the California Government Code to make a finding of General Plan conformance;
(d) Seller shall have complied with all of Seller's duties and obligations contained in this Agreement and all of Seller's representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.
8. LIQUIDATED DAMAGES. IF THE SALE OF THE PROPERTY PURSUANT
TO THIS AGREEMENT IS NOT CONSUMMATED SOLELY BECAUSE OF A DEFAULT
UNDER THIS AGREEMENT ON THE PART OF BUYER, THE DEPOSIT AND ALL BUYER'S REPORTS, SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES.
THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF
A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PLACING THEIR INITIALS BELOW, THE PARTIES
ACKNOWLEDGE THAT THE EARNEST MONEY AND BUYER'S REPORTS HAVE BEEN
AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE
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OF SELLER'S DAMAGES AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY
AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. UPON THE OCCURRENCE OF ANY SUCH DEFAULT BY BUYER, BUYER SHALL DELIVER WITHIN 2 BUSINESS DAYS OF
SELLER'S REQUEST ALL BUYER'S REPORTS AND APPROPRIATE DOCUMENTS ASSIGNING SAME TO SELLER. SELLER HEREBY WAIVES ANY AND ALL BENEFITS IT MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3389. FURTHERMORE,
THE PAYMENT AND RETENTION OF SUCH EARNEST MONEY AS LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. UPON BUYER'S DEFAULT, SELLER MAY
INSTRUCT ESCROW HOLDER TO CANCEL THE ESCROW, AND PROMPTLY UPON RECEIPT OF SAID INSTRUCTIONS, ESCROW HOLDER SHALL (i) CANCEL THE ESCROW, (ii) PAY ALL OF ESCROW HOLDER'S CHARGES FROM THE EARNEST MONEY, AND (iii) DISBURSE TO SELLER THE EARNEST MONEY PURSUANT TO THIS SECTION 8.
INITIALS: Seller _________ Buyer __________
9. Escrow; Closing, Prorations.
(a) Upon mutual execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Escrow Holder and this Agreement shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. Seller and Buyer shall execute such supplemental Escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement, provided such supplemental Escrow instructions are not in conflict with this Agreement as it may be amended in writing from time to time. In the event of any conflict between the provisions of this Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of this Agreement shall control. (b) The Closing shall take place (the “Closing Date”) on or before the date that is fifteen (15) days following the expiration of the Feasibility Period or as may be extended as provided below.
(c) Intentionally Omitted.
(d) At or before the Closing, Seller shall deliver to Escrow Holder or Buyer the following:
(i) the duly executed and acknowledged Grant Deed for the Property and the duly executed Bill of Sale;
(ii) a duly executed affidavit that Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986 in the form attached as Exhibit C and incorporated herein by this reference together with a duly executed non-foreign person affidavit and evidence that Seller is exempt from the withholding obligations imposed by California Revenue and Taxation Code Sections 18805, 18815, and 26131;
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(iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Seller have been duly authorized and executed on behalf of Seller and constitute valid and binding obligations of Seller.
(iv) any other documents which the Escrow Holder may reasonably require from Seller in order to close Escrow which do not increase Seller's liability or obligations hereunder;
(v) a closing statement in form and content satisfactory to Buyer and Seller (the “Closing Statement”) duly executed by Seller; and (vi) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
(e) At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following:
(i) the Closing Statement, duly executed by Buyer;
(ii) the Closing Amount; and
(iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
(f) Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof. (g) The following are to be paid by Buyer or Seller or apportioned as of the Closing Date, as follows:
(i) General real property taxes for the year in which Closing occurs together with assessments, property operating expenses, utilities and other recurring costs relating to the Property shall be apportioned as of the Closing Date on the basis of a thirty (30)-day month. (ii) Costs and expenses of Escrow incurred in this transaction shall be paid as follows:
(1) Seller shall pay all sales, use and documentary transfer taxes (except as provided in Subparagraph (ii)(4) below);
(2) Seller shall pay the premium for a standard ALTA coverage owner's policy of title insurance; Buyer shall pay the premium for any extended ALTA coverage if desired;
(3) Seller and Buyer shall each pay one-half (1/2) of the Escrow fees, recording fees and related expenses;
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(4) Seller and Buyer shall each pay one-half (1/2) of any city or county transfer taxes due;
(5) all other costs of escrow shall be paid equally by Buyer and Seller.
(iii) The provisions of this Subparagraph (g) shall survive the Closing.
10. Representations, Warranties and Covenants of Seller. As of the date hereof and again as of Closing, Seller represent and warrants to Buyer as follows:
(a) Seller is duly organized, validly existing and in good standing under the laws of the State of California. This Agreement and all documents executed by Seller which are to be delivered to Buyer at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Seller, are and at the time of Closing will be legal, valid and binding obligations of Seller enforceable against Seller in accordance with their respective terms. Seller has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. (b) No Action. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending against Seller, nor are any such proceedings contemplated by Seller; (c) No Representations as to Property. There are no representations, agreements, arrangements, or circumstances, oral or written, between the parties relating to the subject matter contained in this Agreement that are not fully expressed in the Agreement, and Seller has not made and does not make any representation or warranty concerning any matter or thing affecting or relating to the Property, including but not limited to its fitness for a particular use, its physical condition or any other matter; and
(d) Sale “AS-IS”. Subject to Seller's representations and warranties contained herein, Buyer's election to purchase the Property will be based upon and will constitute evidence of Buyer's independent investigation of the Property, its use, development potential and suitability for Buyer's intended use, including (without limitation) the following: the feasibility of developing the Property for the purposes intended by Buyer and the conditions of approval for any subdivision map; the size and dimensions of the Property; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the Property; the presence and adequacy of current or required infrastructure or other improvements on, near or affecting the Property; any surface, soil, subsoil, fill or other physical conditions of or affecting the Property, such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the Property; the existence of governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property for any existing or proposed development thereof including but not limited to zoning, building, subdivision, environmental or other such regulations; the necessity or availability of any general or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits, environmental impact reports, parcel or subdivision maps and public reports, requirements of any improvement agreements; requirements of the California Subdivision Map Act, and any other
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governmental permits, approvals or acts (collectively “Permits”); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the Property; and all of the matters concerning the condition, use, development or sale of the Property. Seller will not be liable for any loss, damage, injury or claim to any person or property arising from or caused by the development of the Property by Buyer.
Except with respect to a default by Seller hereunder (including a breach of Seller's warranties and representations), Buyer at the Close of Escrow expressly waives its rights granted under California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”
Buyer's Initials: ________ Seller's Initials: ________.
11. Representations, Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller as follows:
(a) Buyer is a California corporation duly organized, validly existing and in good standing under the laws of California [and qualified to do business in California]. This Agreement and all documents executed by Buyer which are to be delivered to Seller at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Buyer, are and at the time of Closing will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is subject. Buyer has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. (b) Buyer warrants that Buyer is a sophisticated owner and buyer of real property, familiar and experienced with requirements for the development of real property. Buyer has examined the Property or will have done so by Closing, is or will be familiar with its physical condition, and accepts the Property in an “AS-IS” condition. (c) Buyer has conducted or will conduct an independent investigation with respect to zoning and subdivision laws, ordinances, resolutions, and regulations of all governmental authorities having jurisdiction over the Property, and the use and improvement of the Property and is, or at Closing will be, satisfied with the results of such investigation. (d) The Property is being sold “AS-IS” and with all faults.
12. Environmental Matters/Release. As used in this Agreement, “Hazardous Materials” includes petroleum, asbestos, radioactive materials or substances defined as '“hazardous substances,” “hazardous materials” or “toxic substances” (or words of similar import)
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in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C.
Section 6901, et seq.), and under the applicable laws of California. Buyer must rely on its own investigation and not on any representation by Seller regarding Hazardous Materials. Buyer shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of Buyer's independent expert(s) in purchasing the Property, and shall take title to the Property without any warranty, express or implied, by Seller or any employee or agent of Seller. Seller makes no representations regarding Hazardous Materials in, on or under the Property. Seller's knowledge and disclosures regarding Hazardous Materials are limited to the contents of Seller's Deliveries.
Accordingly, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past present, or future presence of Hazardous Materials on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereinafter enacted, regulating or governing use, handling, storage or disposable of Hazardous Materials, including, without limitation (i) any and all remedies Buyer may now or hereafter have under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), as amended, and any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), as amended and any similar law, rule or regulation, and (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under Section 107 of CERCLA (42 U.S. C.A. § 9607).
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW
“A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE
DEBTOR”
BY INITIALING BELOW, BUYER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH
THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING
WAIVERS AND RELEASES.
_______________
(Buyer's Initials)
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13. Continuation and Survival. All representations, warranties and covenants by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.
14. Indemnity.
Buyer agrees to indemnify Seller and the Property against, and to hold and save Seller and the Property harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses, including but not limited to attorneys' fees and court costs, as a result of the Inspections; provided, however, that Buyer will not be obligated to indemnify Seller with respect to its own negligence. The foregoing indemnity shall survive termination of this Agreement. Buyer shall not suffer or permit any mechanic's or materialmen's or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of Buyer in connection with or as a result of any Inspections.
If any such lien shall be filed against the Property, Buyer shall cause such lien to be discharged or bonded within thirty (30) days after such filing. Following any Inspections Buyer shall restore the Property to substantially its physical condition as existed prior to such inspection (except for any changes to the Property caused by Seller, or its agents or employees). Prior to any entry on the Property Buyer or its consultant shall at its sole cost obtain a policy of liability insurance with a combined single limit in an amount not less than One Million Dollars ($1,000,000); Seller shall each be named an additional insured on said policy; and Buyer or its consultants shall furnish to Seller a certificate of insurance confirming such coverage.
15. Condemnation.
(a) In the event a governmental entity commences eminent domain proceedings to take any portion of the Property after the date hereof and prior to the Closing, then Buyer shall have the option to terminate this Agreement by written notice to Seller within ten (10) business days after Buyer first learns of such commencement. In the event of any such termination, the Earnest Money, together with all interest, shall be returned to Buyer. Buyer and Seller shall each be liable for one-half of any escrow fees or charges, and neither party shall have any further liability or obligation under this Agreement.
(b) In the event a governmental entity commences eminent domain proceedings to take any part of the Property after the date hereof and prior to the Closing and this Agreement is not terminated pursuant to Section 15(a), then the Closing shall occur as scheduled notwithstanding such proceeding; provided, however, that Seller's interest in all awards arising out of such proceedings (except for any award attributable to the loss of Seller's business or income, Seller's personal property, or the property of any tenant of the Property) shall be assigned to Buyer as of the Closing or credited to Buyer if previously received by Seller. Seller's obligations pursuant to this Section 15(b) shall survive the Closing.
16. Possession. Possession of the Property shall be delivered to Buyer on the Closing Date free of any occupant or property not being conveyed to Buyer as provided hereunder.
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17. Seller's Cooperation with Buyer. At no cost to Seller, Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, at no additional cost to Seller, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.
18. Brokers and Finders. Neither party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction, through any real estate broker or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. In the event that any such broker or finder claims a commission or finder's fee based upon any contact, dealings or communication, the party through whom the broker or finder makes its claim shall be responsible for said commission or fee and all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by the other party in defending against the same. The party through whom any such other broker or finder makes a claim shall hold harmless, indemnify and defend the other party hereto, its successors and assigns, agents, employees, officers and directors, and the Property from and against any and all obligations, liabilities, claims, demands, liens, encumbrances and losses (including, without limitation, attorneys' fees), arising out of, based on, or incurred as a result of such claim. The provisions of this Section 18 shall survive the Closing or termination of this Agreement.
19. Professional Fees. In the event legal action is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney's fees and costs incurred in connection with the prosecution or defense of said action. In addition, the prevailing party shall be entitled to recover any actual accounting, engineering or other professional fees reasonably incurred in said action or proceeding.
20. Publicity and Confidentiality. Buyer acknowledges that Seller is a public entity and that this Agreement shall be a matter of public record and available to the public under the Public Records Act. Notwithstanding the foregoing, Buyer agrees to not make any public announcements regarding the Property prior to Closing.
21. Miscellaneous.
(a) Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand delivery, (ii) one business day after being deposited with Federal Express or another reliable overnight courier service for next day delivery, (iii) upon facsimile transmission (except that if the date of such transmission is not a business day or if such transmission is made after 5:00 p.m. on a business day, then such notice shall be deemed to be given on the first business day following such transmission), or (iv) two business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or such other address as either party may from time to time specify in writing to the other in accordance herewith):
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If to Seller: City of Shafter
Attn: City Manager
336 Pacific Avenue
Shafter, CA 93263
Phone: (661) 746-5000
Email: [email protected]
With a copy to: Best Best & Krieger LLP
Attn: Seth Merewitz
300 South Grand Ave., 25th Floor
Los Angeles, CA 90071
Phone: (916) 496-0588
E-Mail: [email protected]
If to Buyer: Alliance Ready Mix, Inc.
Attn: Brandt Robertson
2301 Left Lane
Arroyo Grande, CA 93420
Phone: (805) 801-3497
Email: [email protected]
With a copy to: _______________________________
Attn: __________________________
_______________________________
_______________________________
Phone: _________________________
Email ___________________________
To Escrow Holder: _______________________________
Attn: __________________________
_______________________________
_______________________________
Phone: _________________________
Email ___________________________
(b) Successors and Assigns. Buyer shall have the right to assign this Agreement to any entity controlling, controlled by or under common control with Buyer without Seller's consent or approval, and otherwise Buyer shall have the right to assign this Agreement to any entity subject to Seller's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Any such assignee shall assume all obligations of Buyer hereunder; however, Buyer shall remain liable for all obligations hereunder. Seller shall have the right to assign this Agreement. Except as otherwise permitted by this paragraph, neither this Agreement nor the rights of either party hereunder may be assigned by either party. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns.
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(c) Amendments. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer.
(d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
(e) Construction. Headings at the beginning of each Section and subparagraph are solely for the convenience of the parties and are not a part of the Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to Sections and subparagraphs are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated by this reference.
(f) No Joint Venture. This Agreement shall not create a partnership or joint venture relationship between Buyer and Seller.
(g) Section 1031 Exchange. Seller and Buyer acknowledge and agree that the purchase and sale of the Property may be part of a tax-free exchange under Section 1031 of the Internal Revenue Code of 1986, as amended, for Buyer. Each party hereby agrees to take all reasonable steps on or before the Closing Date to facilitate such exchange if requested by Buyer, provided that (i) Seller shall not be required to acquire any substitute property, (ii) such exchange shall not affect the representations, warranties, liabilities and obligations of the parties to each other under this Agreement, (iii) Seller shall not incur any additional cost, expense or liability in connection with such exchange (other than expenses of reviewing and executing documents required in connection with such exchange), and (iv) no dates in this Agreement will be extended as a result thereof. Notwithstanding anything to the contrary contained in the foregoing, if Buyer so elects to close the acquisition of the Property as an exchange, then (A) Buyer, at its sole option, may delegate its obligations to acquire the Property under this Agreement, and may assign its rights to receive the Property from Seller, to an Intermediary or to an exchange accommodation titleholder, as the case may be; (B) such delegation and assignment shall in no way reduce, modify or otherwise affect the obligations of Buyer pursuant to this Agreement; (C) Buyer shall remain fully liable for its obligations under this Agreement as if such delegation and assignment shall not have taken place; (D) Intermediary or exchange accommodation titleholder, as the case may be, shall have no liability to Seller; and (E) the closing of the acquisition of the Property by Buyer or the exchange accommodation titleholder, as the case may be, shall be undertaken by direct deed from Seller (or, if applicable, from other affiliates of Seller whom Seller will cause to execute such deeds) to Buyer (or to exchange accommodation titleholder, as the case may be). (h) Merger of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof, including without limitation, any letters of intent previously executed or submitted by either or both of the parties hereto, which shall be of no further force or effect upon execution of this Agreement. (i) Time of the Essence. Time is of the essence of this Agreement. As used in this Agreement, a “business day” shall mean a day which is not a Saturday, Sunday or recognized federal or state holiday. If the last date for performance by either party under this Agreement
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occurs on a day which is not a business day, than the last date for such performance shall be extended to the next occurring business day.
(j) Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (k) Further Assurances. Each of the parties shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties.
(l) Exhibits. All exhibits attached hereto and referred to herein are incorporated herein as though set forth at length.
(m) Captions. The captions appearing at the commencement of the sections and paragraphs hereof are descriptive only and for convenience in reference. Should there be any conflict between any such caption and the section at the head of which it appears, the section and paragraph and not such caption shall control and govern in the construction of this Agreement. (n) No Obligation To Third Parties. Execution and delivery of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than each other. (o) Waiver. The waiver by any party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. (p) Interpretation. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement. (q) Counterparts/Facsimile/.PDF Signatures. This Agreement may be executed in counterparts and when so executed by the Parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the Parties, notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below.
SELLER:
CITY OF SHAFTER,
a California municipal corporation
By:_______________________________________
Gabriel A. Gonzalez
City Manager
Date: ____________________________________
Approved as to Form
City Attorney:_________________________
Date:_________________________________
BUYER:
ALLIANCE READY MIX, Inc., a California
corporation
By:_______________________________________
Brandt Robertson
Chief Executive Officer
Date: ____________________________________
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EXHIBIT A
LEGAL DESCRIPTION
17236.00000\42186248.1
EXHIBIT B
FORM OF DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO, AND
MAIL TAX STATEMENTS TO:
__________________________________________________________________________ A.P.N.: 091-180-16-00-4 (Space Above Line for Recorder's Use Only) The Undersigned Grantor(s) Declare(s):
DOCUMENTARY TRANSFER TAX $________; CITY TRANSFER TAX $________; SURVEY MONUMENT FEE $ ________ [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ ] City of Shafter, and
GRANT DEED
FOR VALUE RECEIVED,
CITY OF SHAFTER, a municipal corporation (“Grantor”),
hereby grants to ALLIANCE READY MIX, Inc., a California corporation (“Grantee”), all that certain real property situated in the County of Kern, State of California, described on Schedule 1 attached hereto and by this reference incorporated herein (the “Property”).
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ________________, 20__.
GRANTOR:
CITY OF SHAFTER, a California municipal
corporation
By: _______________________________________
Gabriel A. Gonzalez
Manager
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Schedule 1
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF ________________ )
On ___________________, before me, _____________________________, a Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ (Seal)
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EXHIBIT C
TRANSFEROR'S CERTIFICATION OF NON-FOREIGN STATUS
This form is provided so that the Buyer and/or Seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the Escrow Agent and/or Buyer. Buyer (“Transferee”) must retain a copy of this document until after the fifth taxable year following the transfer.
Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.
For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform Transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of CITY OF SHAFTER, a California municipal corporation (“Transferor”):
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder).
2. The Transferor is not a disregarded entity as defined in Income Tax Regulation Section 1.1445-2(b)(2)(iii).
3. The Transferor's U.S. employer or tax identification number is ______________.
4. The Transferor's office address is .
The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.
Date:______________, 20__ TRANSFEROR:
CITY OF SHAFTER, a California municipal
corporation
By: _______________________________________
Gabriel A. Gonzalez
Manager