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CITY OF SHAFTER - CITY MANAGER EMPLOYMENT AGREEMENT
[LANCE LIPPINCOTT]
This City Manager Employment Agreement (“Agreement”) is entered into as of the __ th day of August 2024, between the City of Shafter (hereinafter referred to as the “City”) and Lance Lippincott (hereinafter referred to as the “City Manager” or the “Employee”). City and City Manager/Employee are sometimes referred to in this Agreement as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, it is the desire of the City Council of the City to retain the services of Employee as City Manager pursuant to the provisions of the City of Shafter Charter and Municipal Code (“City Code”), and
WHEREAS, it is the desire of the City Council to appoint Employee as City Manager and provide certain salary, benefits, establish certain conditions of employment and to set certain working conditions of the City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows:
1. APPOINTMENT & DUTIES
A. Duties. The City Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City’s Charter and Municipal Code. City Manager shall perform such other legally permissible and proper duties and functions consistent with the Office of the City Manager, as the City Council shall from time to time assign. It is expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is encouraged to participate in community and civic affairs.
B. Acceptance of Appointment & Effective Date. City Manager hereby accepts the appointment as City Manager of the City of Shafter subject to all terms and conditions set forth in this Agreement. This Agreement shall become effective on September 30, 2024, contingent on the following: (i) approval of this Agreement by majority vote of the City Council at an open and public meeting; and (ii) satisfactory passage of the background check and Live Scan results (the “Effective Date”).
C. Hours of Work. It is recognized that City Manager devotes a great deal of time outside the normal office hours-schedule, and to that end, he shall be allowed to establish an appropriate work schedule recognizing that the normal City work schedule is Monday through Friday, 8:00 AM
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to 5:00 PM. The position of the City Manager is an exempt position pursuant to the Fair Labor Standards Act and any other relevant provisions of federal or State law.
D. Devotion to City Business. The City Manager’s position is full-time. City Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his City Manager duties, except as may be specifically authorized by the City Council in writing.
2. TERM
A. City Manager shall serve at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the employment of City Manager at any time and for any reason, subject only to the provisions specified in this Agreement and the City Charter.
3. COMPENSATION
A. City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of Two Hundred Ten Thousand dollars and zero cents ($210,000.00) (hereinafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.
B. Commencing in March of 2025 and each year thereafter and as part of City Manager’s annual performance evaluation pursuant to Section 5 of this Agreement, City Manager’s Annual Base Salary shall be eligible for upward adjustments. Any such adjustment shall be at the sole discretion of the City Council.
C. The term “Annual Base Salary” as used in this Agreement shall also include any such adjustments approved by the City Council other than payments not eligible to be added to the City Manager’s Annual Base Salary pursuant to the terms of any applicable salary resolution of City. The term “Monthly Base Salary” as used in this Agreement shall mean a sum of money equal to onetwelfth (1/12) of City Manager’s Annual Base Salary as defined herein
4. ADDITIONAL BENEFITS
A. Deferred Compensation. City Manager, at his or her sole discretion and cost, may participate in the City’s 457 Deferred Compensation plan currently administered by ICMA-RC.
B. Medical and Dental Benefits. City agrees to provide medical and dental insurance benefits in accordance with those provided to other City department heads from time to time as described in the City’s Benefits Package a copy of which has been provided to City Manager. 2
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C. Life Insurance. The City shall provide a term life insurance policy for City Manager, in accordance with that provided to other City department heads from time to time as described in the City’s Benefits Package a copy of which has been provided to City Manager.
D. Pension. The City agrees to enroll the City Manager as a member of the California Public Employees Retirement System (CalPERS) in accordance with CalPERS regulations. The City Manager is identified as a "New Member" by CalPERS and participates in the CalPERS 2%@62 Miscellaneous formula, as currently contracted for by the City with CalPERS, and shall pay the contribution required pursuant to Government Code section 7522.30(c).
If the City Manager is not identified as a “New Member” by CalPERS he shall receive the CalPERS 2 @ 55 Full Formula, as currently contracted for by the City with CalPERS, and shall pay the 7% Member Contribution for Covered Employees defined as Local Miscellaneous.
E. Car Allowance. The City, in recognition of the City Manager's need to use an automobile in the performance of his duties, the City shall provide City Manager with an automobile allowance of Four Hundred Dollars ($400) each month. In addition, City Manager shall receive a mileage reimbursement at the City's current reimbursement rate for each trip taken on behalf of City over 200 miles. City Manager shall maintain in full force and effect during the term of his employment, insurance coverage for any automobile used in the performance of official duties. Such insurance must be maintained at a minimum $250,000.00 coverage level and City Manager must provide adequate proof of such insurance upon request by the City.
F. Cell Phone Allowance. City Manager shall be provided with an allowance of $100.00 each month to compensate him for the use of a cell phone for City business.
G. Vacation & Administrative (Management) Leave. City shall provide to the City Manager 160 hours of vacation/administrative leave time on an annual basis which shall accrue to the City Manager at a rate of 6.1538 hours per pay period. All other City policies and provisions governing vacation and/or administrative (management) leave, including but not limited to use, cash-outs, maximum accruals, shall be applicable to the City Manager.
H. Sick Leave. The City shall provide to the City Manager sick leave at the same hourly accrual rate provided to City department heads. All other City policies and provisions governing sick leave, including but not limited to use, cash-outs, maximum accruals, shall be applicable to the City Manager.
I. Personal Leave Bank. Upon commencing employment, the City Manager shall have sole access to a bank of forty (40) hours of personal leave to be used in the case of illness or other personal matters. The initial forty (40) hours of personal leave shall have no cash value. Any unused personal days in this bank, at the date of termination of employment under this Agreement, shall be forfeited to the City with no cash value.
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J. Relocation Expense Reimbursement. City shall reimburse City Manager for any actual expenses, based on submitted receipts, associated with his family's relocation, including transportation expenses, not to exceed $7,000.00 in total.
5. PERFORMANCE EVALUATIONS
A. Annually, the City Council, with the assistance of City Manager, may define such goals and performance objectives which the City Council determines necessary for the proper operation of the City and shall further establish a relative priority among those various goals and objectives. These goals and objectives shall be reduced in writing and should be reasonably attainable within the time limitations specified by the City Council and in light of the appropriations provided through the annual operating and capital budgets.
B. The City Council shall review and evaluate City Manager's performance annually.
This review and evaluation shall take into account any goals that may have been developed by the City Council, as well as City Manager's performance of other functions and duties. The City Council shall provide to City Manager a summary written statement of the evaluation and shall provide City Manager with the opportunity to discuss the evaluation with the City Council.
6. BONDS
City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance.
7. ABUSE OF OFFICE OR POSITION
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply:
(1) if Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City Manager. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
8. NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follow:
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If to City: 336 Pacific Avenue
Shafter, CA 93263
Attn: Mayor, City of
Shafter
If to City Manager: Lance Lippincott
[ADDRESS]
City Manager
Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.
9. TERMINATION OF AGREEMENT
A. At-Will Employee. City Manager shall serve at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at any time, at the sole discretion of the City Council, with or without cause, as provided in the City Charter and this Agreement. This Agreement may be terminated as follows:
1. Termination - Council Vote. The City Council may remove the City Manager, with or without cause, by motion adopted by the affirmative votes of a majority of the members of the City Council. Notwithstanding such authority, the City Manager may not be removed within one hundred twenty (120) days from the date of initial appointment or sixty (60) days from the date of a municipal election, or recall of one or more of the members of the City Council.
2. Termination - Change in Form of Government. If any of the governing policies pertaining to the role, power, duties, authority, or responsibilities of City Manager are amended to substantially change City’s form of government, either by action of the City Council, a duly passed initiative measure or state legislation, City Manager shall have the right to terminate this Agreement.
3. Reduction of Salary or Benefits. If the City Council reduces the annual base salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of all executive managers without the City Manager’s written consent, such action shall constitute a termination of this Agreement.
City Manager shall be entitled to severance pursuant to Section 9(C) of this Agreement.
4. Resignation. City Manager may voluntarily resign his position as City Manager, after giving City at least thirty (30) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council.
Resignation shall be deemed accepted upon delivery of a written resignation to the Mayor, or if the Mayor is unavailable, the Mayor Pro Tem. In the event the City Manager resigns 7
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from his employment with City, the City Manager shall not be entitled to any Severance pay.
5. Death. If, during the Term or any extended Term, the City Manager dies, the City Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.
6. Disability. In the event the City Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of six (6) consecutive months, the City may terminate the City Manager’s employment and this Agreement. City Manager shall not be entitled to any Severance pay.
B. Termination for Cause. In the event City Manager is terminated by City for “cause,” then City may terminate this Agreement immediately and City Manager shall be entitled to only the compensation accrued up to the date of termination and shall not be entitled to any severance. As used in this section, “cause” shall mean any of the following:
(1) Conviction of any felony.
(2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement.
(3) Conviction of any crime involving moral turpitude.
(4) Removal from office by the Grand Jury.
(5) Willful abandonment of duties.
(6) A pattern of repeated, willful and intentional failure to carry out clear and legally constituted policy decisions of the City Council made by the City Council as a body.
(7) Failure to competently discharge duties as determined in two consecutive sets of written findings approved by a majority of the City Council not earlier than the first anniversary of this Agreement, and no less than three months apart. Examples of incompetent discharge of duties include, but are not limited to, failure to meet statutory or contractual deadlines within City Manager’s area of authority and negligent hiring or supervision of employees under City Manager’s direct supervision leading to City liability. City Manager will be provided an opportunity to respond to the findings prior to the effective date of termination.
C. Severance. In the event this Agreement is terminated without cause or pursuant to Section A(3) of this Section, the City Manager shall receive a severance payment, in a lump sum, equal to the lesser of the number of months remaining on this Agreement, if any, or (6) months of City Manager’s then monthly Base Salary (“Severance Pay”). Such severance payment shall be his sole remedy for termination without cause or section A(3) of this Agreement.
The Severance Pay shall be paid only after the City Manager executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set
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forth as Exhibit “A” to this Agreement. Notwithstanding the foregoing, if the City Manager is terminated for cause, as set forth in this Agreement, or resigns, then City Manager shall not be entitled to a severance payment.
D. Separation Obligations. City Manager agrees that all property, including but not limited to all equipment, tangible proprietary, documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to the City and shall be returned promptly to the City upon employment separation.
City Manager's obligations under this subsection shall survive his employment separation and the termination of this Agreement.
10. INDEMNIFICATION
City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager’s duties or resulting from the exercise of his judgment or discretion in connection with the performance of his duties, unless the act or omission involved unlawful conduct. City shall not unreasonably refuse to provide for legal representation at City’s expense. Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys’ fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of City Manager’s duties.
City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City-related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Manager’s employment with the City as long as litigation is pending. Post-employment, City agrees to pay City Manager for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending litigation.
11. GENERAL PROVISIONS
A. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties.
No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto.
B. Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on 8
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behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party.
C. If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
D. This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in Kern County.
E. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the Party responsible for any particular language in this Agreement.
F. City Manager acknowledges that he has had an opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
G. Amendments. This Agreement may not be amended except in a written document signed by City Manager, approved by the City Council and signed by City Mayor.
H. Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this City Manager Employment Agreement on the _____day of ________, 2024.
EMPLOYEE/CITY MANAGER
Lance Lippincott, City Manager
CITY OF SHAFTER
Chad Givens, Mayor
ATTEST:
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
Marco A. Martinez, City Attorney
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Exhibit “A”
WAIVER AND RELEASE
(Sample Only)
I, the undersigned, do hereby acknowledge and attest that I have read and understood Section ____ of my Employment Agreement with the City of Shafter and hereby agree that by accepting severance, I agree to waive all rights to further claims, remedies, or legal action against the City its officers and employees.
In exchange for receipt of the Severance Payment, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the City of Shafter and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, “Released Parties”) from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this waiver is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively, the “Released Claims”). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.
City Manager knowingly and voluntarily waives any and all rights or benefits that he may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, 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 SETTLEMENT WITH THE DEBTOR.
[By initialing below, the City Manager acknowledges that he or she has read and understands this waiver and voluntarily and knowingly is waiving his right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, action obligations, liabilities and causes of action of any kind.] Initials of City Manager
City Manager shall not file any claim, sue or initiate against any Released Party any compliance review, action, or proceeding, or participate in the same, individually or as a member 11
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of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims.
Approved and Agreed to By:
Lance Lippincott
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MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 20, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Steve Esselman, Planning Director
SUBJECT: APPROVAL OF GENERAL PLAN UPDATE AD HOC COMMITTEE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt Resolution 2980, a Resolution of the City Council of the City of Shafter approving the formation of a general plan update ad hoc committee consisting of two Councilmembers.
BACKGROUND
At the June 18, 2024, City Council meeting, the Council approved the composition of the General Plan Update committees. One of the committees approved by the Council was the General Plan Advisory Committee (GPAC). The list of possible GPAC members approved by the Council is as follows:
• Two (2) City Councilmembers
• 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
ANALYSIS
The purpose of this agenda item is to approve the formation of a general plan update ad hoc committee consisting of two Councilmembers. Once the committee is approved, then the Council can name two members onto the committee. These two ad hoc committee members will represent the Council on the GPAC.
FISCAL IMPACT
There is no fiscal impact in forming the general plan update ad hoc committee.
CEQA ANALYSIS
APPROVAL OF GENERAL PLAN UPDATE AD HOC COMMITTEE
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The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a general plan update ad hoc committee, 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
There are no alternatives to the action. The Council has approved the GPAC’s composition, including the appointment of two Councilmembers. The formation of an ad hoc committee for the Council is the mechanism to appoint two Councilmembers to the GPAC.
NEXT STEPS
Based on Council direction, staff shall move forward with soliciting participation in the committee, plan future committee meetings, and develop protocols for how the committee will function.
ATTACHMENTS
1. Exhibit 1 - Resolution No. 2980
EXHIBIT 1
RESOLUTION NO. 2980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER
APPROVING THE FORMATION OF A GENERAL PLAN UPDATE AD HOC COMMITTEE.
WHEREAS, the City of Shafter recognizes the need to have City Council participation in the preparation of the general plan update; and
WHEREAS, on June 18, 2024, the City Council approved of the composition of the General Plan Advisory Committee (“GPAC”) that included two Councilmembers; and WHEREAS, it has been determined that the formation of a City Council general plan update ad hoc committee should be the mechanism to appoint two Councilmembers to the GPAC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in regular session assembled on the 20th day of August, 2024, resolved that a general plan update ad hoc committee be established; and
BE IT FURTHER RESOLVED that the members of the general plan update ad hoc committee shall include two members of the City Council chosen collectively by the Council; and BE IT FURTHER RESOLVED that, once the City Council has chosen its two Councilmembers for the general plan update ad hoc committee, it informs the City Manager of its choice to disseminate to staff; and
BE IT FURTHER RESLOVED that the general plan update ad hoc committee shall be dissolved upon the completion of its task.
PASSED AND ADOPTED THIS 20th DAY OF AUGUST, 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: August 20, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AWARD CITY HALL AND COUNCIL CHAMBERS RENOVATION PROJECT TO PATTERSON AND SONS CONSTRUCTION, INC.
IN THE AMOUNT OF $34,500
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; accept bids received for repairs and upgrades at the Council Chambers and City Managers Hallway; approve one bid submitted by Patterson and Sons Construction, Inc. valued at $25,811 for the base bid plus the additive alternate item for prep & painting of the remainder of the council chambers and entryway valued at $8,640.00 for a total cost of $34,451; and authorize the Public Works Director to award a construction contract to Patterson and Sons Construction, Inc. for completing said project with budget authority up to $50,000.
BACKGROUND
Staff requested informal cost proposals from contractors to complete work at the City Council Chambers and the Administration wing hallway. The costs were to cover a base bid for removing the existing wood paneling on the back wall of the Council Chambers and installing new drywall and paint. Additionally, painting the administration wing hallway and kitchen is included. Alternate bids were also included for replacing the lighting in the hallway and painting the entire Council Chambers.
A request for proposals was sent to three contractors, and ultimately, two cost proposals were received. Patterson and Sons Construction, Inc. submitted a base bid of $25,811.00, while SL Payne Construction, Inc. proposed a base bid of $34,952.08.
ANALYSIS
Patterson and Sons Construction submitted the lowest responsive base bid. This Bakersfield-based contractor has a history of performing work for various commercial properties, including ground-up builds, roofing, fire repairs, and more. Contact with several professional references yielded very positive feedback regarding the quality of their work.
The alternate bids submitted by Patterson and Sons include $9,491.00 to prepare and install new LED lights down the hallway in the Administration wing, identified as ALT#1,
AWARD CITY HALL AND COUNCIL CHAMBERS RENOVATION PROJECT TO PATTERSON AND SONS CONSTRUCTION, INC. IN THE AMOUNT OF $34,500
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and $8,640.00 to prep and paint the remainder of the Council Chambers and entryway, identified as ALT#2. Staff recommends adding ALT#2 to the awarded scope of work while declining the ALT#1 work, which can be completed internally by City staff. The base bid plus ALT#2 would result in a total project cost of $34,451.00.
Staff recommends a total project budget of up to $50,000, which covers the estimated total project costs plus over 40% in contingencies to ensure there is sufficient funding to help avoid delays.
FISCAL IMPACT
GE00006.2 City Hall Security Improvements Project has $302,500 in ARPA funding committed to it. Currently, the project has $63,135 in funding available after covering the City Hall Renovation Project and additional expenses associated with the remodel.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the awarding of a construction contract for tenant improvements to an existing building and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Depending on the desired outcome and costs, the Council can direct staff to award both alternates, only the base bid, or none of the award options.
NEXT STEPS
Staff will issue a Notice of Award and Notice to Proceed to Patterson and Sons Construction, Inc.
ATTACHMENTS
1. Patterson and Sons, Inc. - City Council Chambers & Hallway Painting
2. Steve Payne Construction, Inc. - City Council Chambers & Hallway Painting
Patterson and Sons Construction Inc. dba
Aftermath Cleanup and Hauling
2727 Fairhaven Dr.
Bakersfield, CA 93308
+1 6613748063
[email protected]
www.pattersonandsonsinc.com
Estimate
ADDRESS
Ken Greene
Shafter City Counsel
Chambers
336 Pacific Ave
Shafter, CA 93263
SHIP TO
Ken Greene
Shafter City Counsel
Chambers
336 Pacific Ave
Shafter, CA 93263
ESTIMATE # 1071260
DATE 04/11/2024
P.O. NUMBER
Shafter City Counsel Chambers
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
04/15/2024 31 General Labor Removal of and or resurface of the south signage wall of the
chamber room w/ 1/4" drywall.
1 10,390.00 10,390.00
04/15/2024 24 Paint Prep and Paint Signage Wall
and Bookcase of Chamber
Room.
1 5,640.00 5,640.00
04/15/2024 24 Paint Prep and Paint Breakroom and
Cabinets of CM Area.
1 4,891.00 4,891.00
04/15/2024 24 Paint Prep and Paint Hallway Walls,
ceiling and Door Jambs.
1 4,890.00 4,890.00
04/15/2024 16 Electrical &
Lighting
Install & Patch Back New Can
LED lights down connecting
hallway and 2x4 lights to match
CML in break room area.
1 9,491.00 9,491.00
04/15/2024 24 Paint Prep and Painting of the
Remainder of the counsil
chambers and entryway.
1 8,640.00 8,640.00
04/15/2024 31 General Labor This Proposal Includes All Labor and Equipment and Prevailing
Wage has been factored.
1 0.00 0.00
TOTAL $43,942.00
Accepted By Accepted Date
CLIENT CITY OF SHAFTER
CONTACT
INFO 661-746-5097 / 661-333-5758
CA LIC # 712261
[email protected]
DIR # PW-LR-1001011436 JOB PROPOSAL
SCOPE OF WORK: COUNCIL CHAMBERS & HALLWAY RENOVATION PROJECT ITEM # DESCRIPTION TOTAL PRICE
1 $ 16,393.52
2 $ 4,839.64
3 $ 7,286.69
4 $ 6,432.23
SUBTOTAL $ 34,952.08
ALT1 $ 4,043.88
ALT2 $ 15,662.00
*CAN LED/ "MATCHING THE COLOR OF THE 2X4 LIGHTS RETROFIT *2X4 LIGHTS/ ORACLE 24-OVHP-RTK-LED
*COLOR OF PAINT TO BE DETERMINED BY CITY STAFF / WALL: / TRIM:
INSTALL AND PATCH BACK NEW *CAN LED LIGHTS DOWN CONNECTING HALLWAY AND *2X4 LIGHTS TO MATCH CML IN BREAK AREA
PREP AND PAINT REMAINDER OF COUNCIL CHAMBERS AND ENTRYWAY *BRAND OF PAINT WILL BE DUNN-EDWARDS OR CITY APPROVED SUBSTITUTE. INTERIOR PAINT SHOULD HAVE A VOLITILE ORGANIC COMPOUND (VOC) CONTENT OF LESS THAN 50 G/L FOR FLAT COATINGS , LESS THAN 100 G/L FOR NONFLAT COATINGS, OR LESS THAN 150 G/L FOR NON-FLAT HIGH-GLOSS COATING AND MUST COMPLY WITH GREEN SEAL STANDARD GS-11.
KENNETH GREEN - FACILITIES MANAGER
REMOVAL OF AND/OR RESURFACE OF THE SOUTH SINAGE WALL OF THE CHAMBER ROOM WITH 1/4 IN DRYWALL
PREP AND PAINT SIGNAGE WALL AND BOOKCASE OF CHAMBER ROOM
PREP AND PAINT BREAKROOM AND CABINETS OF CM AREA
PREP AND PAINT HALLWAY WALLS, CEILING, AND DOOR JAMBS
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 20, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: AWARD LEARNING CENTER OFFICE RENOVATION (#LC00001)
TO CALIFORNIA CUSTOM BUILDERS IN AN AMOUNT UP TO
$175,000.00
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; authorize a reallocation of $85,972 in ARPA funding from the Santa Fe Way Resurfacing project (#ST00035) to Capital Improvement Program Project #LC00001; accept bids received for the Shafter Learning Center Remodel Project; approve one (1) bid submitted by California Custom Builders for said project for $146,220; authorize the Deputy Public Works Director to issue a notice of award and notice to proceed; and authorize expenditures for said project up to $175,972.
BACKGROUND
Formal bidding was authorized for the Learning Center Office Renovation Project at a previous Council meeting. This project involves converting the existing storage space and kitchen area at the Shafter Learning Center. Staff conducted formal bid procedures, and bids were publicly opened on June 28, 2024. A summary of the results is as follows:
Bid No. Bidder Total Bid Price
1 California Custom Builders 146,220.00
2 Vortex Construction 207,912.76
3 McDaniels Construction 275,100.00
4 Old Ironsides Construction, Inc. 315,150.00
California Custom Builders submitted the confirmed lowest responsive bid for $146,220.00.
ANALYSIS
AWARD LEARNING CENTER OFFICE RENOVATION (#LC00001) TO CALIFORNIA CUSTOM BUILDERS IN AN AMOUNT UP TO $175,000.00
- 2 -
California Custom Builders has not performed any work for the City in the past but has the appropriate license classification required to complete this project. They have not completed an office remodel project but have completed carpet, flooring, and painting work for other cities. Additionally, they have completed garage dwelling unit conversions similar in scope to this project.
An appropriate budget to cover the California Custom Builders bid plus approximately 20% in contingencies is $175,000. To date, the Capital Improvement Program (CIP) budget in place for this project (#LC00001) is $90,000.
FISCAL IMPACT
The current budget of $90,000 for CIP Project #LC00001 was made possible by an allocation of American Rescue Plan Act (ARPA) proceeds. Covering the funding gap of $85,000 that separates the current and recommended budgets can be completed by reallocating $85,972 in ARPA funding that was allocated to the Santa Fe Way resurfacing project (#ST00035) to cover design costs. Those design costs for that project can be covered by excess grant funding on the project or other road maintenance sources such as TDA or Gas Tax.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the awarding of a construction contract for tenant improvements to an existing building and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
As an alternative to the recommended action, the Council can defer the office remodel project to preserve ARPA funds and local funds for other projects. However, given the lack of usable and productive workspace at the Learning Center, proceeding with this project is in the City's best interests. Therefore, alternative action is not recommended.
NEXT STEPS
Upon Council authorization, Public Works will award the project to California Custom Builders and proceed with the construction phase. Construction is expected to start in August with 45 days estimated for completion.
ATTACHMENTS
1. BID RESULTS - Shafter Learning Center Office Remodel
A.
ITEM DESCRIPTION QTY UNITS Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A1 DEMOLITION AND ALL RELATED PREPARATION WORK FOR CONSTRUCTION 1 LS $ 4,700.00 4,700.00 $ 16,687.68 $ 16,687.68 $ 13,221.00 $ 13,221.00 $ 46,000.00 $ 46,000.00 $ A2 PLUMBING 1 LS $ 35,727.00 35,727.00 $ 56,279.75 $ 56,279.75 $ 35,190.00 $ 35,190.00 $ 42,000.00 $ 42,000.00 $ A3 FRAMING 1 LS $ 15,520.00 15,520.00 $ 9,485.12 $ 9,485.12 $ 12,430.00 $ 12,430.00 $ 17,150.00 $ 17,150.00 $ A4 ELECTRICAL & DATA 1 LS $ 12,300.00 12,300.00 $ 32,397.58 $ 32,397.58 $ 38,249.00 $ 38,249.00 $ 38,000.00 $ 38,000.00 $ A5 DRYWALL & INSULATION 1 LS $ 10,564.00 10,564.00 $ 17,651.18 $ 17,651.18 $ 10,598.00 $ 10,598.00 $ 23,000.00 $ 23,000.00 $ A6 PAINT 1 LS $ 26,580.00 26,580.00 $ 7,357.02 $ 7,357.02 $ 7,130.00 $ 7,130.00 $ 19,000.00 $ 19,000.00 $ A7 FLOORING 1 LS $ 1,738.00 1,738.00 $ 8,969.90 $ 8,969.90 $ 11,430.00 $ 11,430.00 $ 36,000.00 $ 36,000.00 $ A8 DOORS/HARDWARE/CABINETRY/WINDOWS 1 LS $ 3,131.00 3,131.00 $ 39,418.66 $ 39,418.66 $ 27,523.00 $ 27,523.00 $ 33,000.00 $ 33,000.00 $ A9 NEW AC UNIT AND ALL RELATED HVAC WORK 1 LS $ 33,460.00 33,460.00 $ 18,675.50 $ 18,675.50 $ 59,886.00 $ 59,886.00 $ 27,000.00 $ 27,000.00 $ A10 MOBILIZATION 1 LS $ 2,500.00 2,500.00 $ 990.37 $ 990.37 $ 59,443.00 $ 59,443.00 $ 34,000.00 $ 34,000.00 $ Total Bid Price 146,220.00 $ Total Bid Price 207,912.76 $ Total Bid Price 275,100.00 $ Total Bid Price 315,150.00 $ Name Item Name Item Name Item Name Item
HPS MECHANICAL PLUMBING
RLH FIRE PROTECTION
INC
FIRE PROTECTION
SPRINKLER
KNIGHT'S SITE SERVICES,
INC. TEMPORARY FACILITIES AUTO TINT WEST WINDOW FILM
JEFFREY LAY CUSTOM PAINTING, INC.
INTERIOR WALLS & DOORS KROEKER, INC. DEMOLITION
CONTROL FIRE PROTECTION FIRE PROTECTION
KROEKER, INC.
DEMOLITION OF INTERIOR CONCRETE, VET FLOORING AND BASE, DOORS & FRAMES, CUT IN NEW DOOR SWEANEY, INC. ROUGH CARPENTRY HPS MECHANICAL, INC.
PLUMBING, PLUMBING RELATED INSULATION; WASTE, WATER, CONDENSATE, VENT PRECISION DOORS & MILLWORK CO.
DOORS,FRAMES, & WINDOWS
APEX SUSPENDED CEILINGS
ACOUSTICAL CEILINGS/FRP
MICHAEL SURFACE SOLUTIONS, INC. FLOORING
***All Bids are under Review
Shafter Learning Center Office Remodel
Subcontractors Subcontractors
OLD IRONSIDES CONSTRUCTION, INC.
Subcontractors Subcontractors
CALIFORNIA CUSTOM BUILDERS VORTEX CONSTRUCTION MCDANIELS CONSTRUCTION
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 20, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Michael James, Public Works Director, Alex Gonzalez, Deputy Public Works Director
SUBJECT: APPROVAL OF ANIMAL CONTROL FACILITY IMPROVEMENTS
PROJECT
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; authorize bid procedures for constructing parking lot repairs and improvements at the Shafter Animal Control Facility; and authorize a General Fund budget appropriation of $125,000 for said repairs and improvements.
BACKGROUND
Public Works developed a budget estimate of $75,000 to repair damaged pavement used by employees, vendors, and the public at the City Animal Control Facility. In one instance, the pavement's condition led to damage to a vendor's vehicle. Additionally, a site plan was developed to address other issues with the parking lot, notably the limited public parking spaces and the lack of landscaping to enhance the facility's outside appearance. The plan includes expanding the parking lot and adding landscaping at the entrance off Shafter Avenue, which is included in this staff report.
The estimated value of the repairs and additions is $75,000 and $50,000, respectively. Neither of these costs is reflected in the Operations or Capital Improvement Program budgets.
ANALYSIS
The top priority is to reconstruct and seal the existing parking lot pavement. However, expanding the parking lot and adding landscaping concurrently would enhance public access for daily business and special events and the overall appearance, which has not been updated for several years. With or without the parking space and land spacing additions, the improvements would be subject to competitive bidding.
FISCAL IMPACT
The Council should authorize a General Fund appropriation of $125,000 to fund all the recommended work.
CEQA ANALYSIS
APPROVAL OF ANIMAL CONTROL FACILITY IMPROVEMENTS PROJECT - 2 -
The project consists of the reconstruction of existing parking areas at the City Animal Control Facility where the new surfacing will be located at the same site as the surfacing to be replaced and will have substantially the same purpose and capacity as the replaced surfacing. Therefore, per Section 15302 of the CEQA Guidelines (Replacement or Reconstruction), the project is exempt from the California Environmental Quality Act.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
Given the current condition of the parking lot pavement, the repairs should be completed.
NEXT STEPS
Upon the Council's approval of the recommended actions, staff will prepare plans and specifications to complete the parking lot improvements. Contract awards for the construction of the improvements will be brought before the Council for approval at a future meeting. Public Works is forecasting project completion by the end of this year.
ATTACHMENTS
1. Animal Control Parking Lot Expansion Plan
CITY OF SHAFTER
ANIMAL CONTROL PARKING LOT
SITE PLAN SHEET 1OF
1 ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263
FOR DESIGN PURPOSES NEW TREES QUANTITY ENGINEER'S ESTIMATED QUANTITIES ITEM: ANIMAL CONTROL PARKING LOT IMPROVEMENTS: UNITS HMA, 1/2 IN TYPE A, PG64-10 58 TONS FOG SEAL 19,850 SF SUBGRADE PREP (INCLUDES EARTHWORK - CUT/FILL) 12540 SF IMPORT DIRT 85 CY DECOMPOSED GRANITE 59 CY SIDEWALK 546 SF ADJUST UTILITIES TO GRADE 5 EA ADJUST FIRE HYDRANT TO GRADE 1 EA ADJUST BACK FLOW PREVENTER TO GRADE 1 EA INSTALL NEW PARKING BUMPERS 14 EA SEWER MANHOLE UTILITY BOX - AS INDICATED NATURAL GAS COVER WATER VALVE FOG SEAL ALL ASPHALT, NEW & EXISTING LEGEND FIRE HYDRANT ENCASED SURVEY MONUMENT UTILITY POLE, TO REMAIN IN PLACE V
:
M
G
:
: OPTION A - DEMO/REPAVE GATE ENTRANCE: HMA, 1/2 IN TYPE A, PG64-10 8 TONS DEMO 430 SF SUBGRADE PREP 430 SF PROPOSED SIDEWALK IMPROVEMENT EXISTING SIDEWALK TO REMAIN DECOMPOSED GRANITE OVER DIRT INFILL OPTION A - DEMO/REPAVE GATE ENTRANCE PROPOSED PARKING LOT IMPROVEMENT SECTION A A
S1
A
S1
B
S1 SECTION B
1 - 2.4%
2.9 - 3.7%
1 - 2.5%
MATCH TO
EXISTING GRADE
12:1 SLOPE .25' HMA / 1' NATIVE SUBGRADE COMPACTED TO 90% TYPE (I) SIDEWALK PER CITY STANDARDS DISTANCE VARIES 0 SCALE: 1"=20' 10 20 40 12' .17' DG / 1' DIRT INFILL/NATIVE SUBGRADE COMPACTED TO 90% 2' 37' 20' 2' 45' 18' 18' 2'
S WATER VALVE
S
F FIBER 2x3 BOX
F
M WATER METER 2x3 BOX
M
B BACK FLOW PREVENTER
B NOTES 1. NOTES TO BE ADDED LATER
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: August 20, 2024
FROM: Gabriel A. Gonzalez, City Manager
PREPARED BY: Alex Gonzalez, Deputy Public Works Director SUBJECT: DISCUSSION AND DIRECTION ON PROPOSED SKATEPARK
CONCEPTUAL SITE LAYOUT AND IMPROVEMENTS
RECOMMENDATION
Council find that the item does not trigger CEQA review; discuss the skatepark site and potential future improvements.
BACKGROUND
Improvements funded by a Clean California grant are now substantially complete at the Shafter Skatepark. Improvements, valued at approximately $800,000, consist of all new equipment on the original park concrete pad, as well as new lighting, landscaping, and a shade structure. While the improvements have received frequent use and positive feedback, Public Works is now assessing the feasibility of future improvements and amenities and the funding required to complete them.
ANALYSIS
A critical element of project planning is for staff to brief the Council on the opportunities and challenges and seek direction on a path forward. This direction could include what to prioritize and what to add that has not already been considered.
FISCAL IMPACT
No budget action is required. The item is presented for discussion purposes only.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger a CEQA review.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ALTERNATIVES
There are no alternatives to the recommended action. The item is presented for discussion purposes only.
NEXT STEPS
DISCUSSION AND DIRECTION ON PROPOSED SKATEPARK CONCEPTUAL SITE LAYOUT AND
IMPROVEMENTS
- 2 -
Following tonight's meeting, staff can begin working on any direction provided by the City Council.
ATTACHMENTS
1. Skate Park Site Plan Schematic