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“System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement.
“Warranty Period” for System Hardware, Software, or services related to system implementation means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service.
Section 3 SCOPE OF AGREEMENT AND TERM
3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement.
3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price or applicable subscription fees, Performance Schedule, or both, and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order.
3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, or completion of the Services, whichever occurs last.
The term and the effective date of recurring Services will be set forth in the applicable Addendum.
3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms.
The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed.
Alternatively, Customer may register with and place orders through the Motorola Solutions Customer Portal eCommerce Shop, and this Agreement will be the “Underlying Agreement” for those eCommerce transactions rather than the eCommerce Shop Terms and Conditions of Sale. eCommerce Shop registration and other information may be found at https://www.motorolasolutions.com/en_us/registration and the shop support telephone number is (800) 814-0601.
3.5. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement.
3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding NonMotorola Software. Non-Motorola Software may include Open Source Software.
3.7. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order.
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3.8. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable).
To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.
Section 4 SERVICES
4.1. If Customer desires and Motorola agrees to continue Services beyond the Term, Customer’s issuance and Motorola’s acceptance of a purchase order for Services will serve as an automatic extension of the Agreement for purposes of the continuing Services. Only the terms and conditions applicable to the performance of Services will apply to the extended Agreement.
4.2. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance Services for the Equipment and support for the Motorola Software pursuant to the applicable maintenance and support Statements of Work. Support for the Motorola Software will be in accordance with Motorola's established Software Support Policy. Copies of the SwSP can be found at
https://www.motorolasolutions.com/content/dam/msi/secure/services/software_policy.pdf and will be sent by mail, email or fax to Customer upon written request. Maintenance Services and support during the Warranty Period are included in the Contract Price. Unless already included in the Contract Price, if Customer wishes to purchase 1) additional maintenance or software support services during the Warranty Period; or 2) continue or expand maintenance, software support, installation, and/or SUA services after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document. Unless otherwise agreed by the parties in writing, the terms and conditions in this Agreement applicable to maintenance, support, installation, and/or SUA Services, will be included in the Maintenance and Support Addendum, SUA Addendum, the applicable Statements of Work, and the proposal, (if applicable). These collective terms will govern the provision of such Services.
To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. Motorola’s proposal may include a cover page entitled “Service Agreement” or “Installation Agreement”, as applicable, and other attachments. These cover pages and other attachments are incorporated into this Agreement by this reference
4.3. PROFESSIONAL AND SUBSCRIPTION SERVICES. If Customer purchases professional or subscription Services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional or subscription services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services.
4.4. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or Motorola data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request.
4.5. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by
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Motorola for the purpose of providing Services under this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer.
4.6. COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering Services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law.
4.7. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph.
4.8. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Contract Price, subscription fees, project schedule, Deliverables, or other changes may be necessary.
4.9. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies.
4.10. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials.
4.11. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement.
Section 5 PERFORMANCE SCHEDULE
The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.
Section 6 CONTRACT PRICE, PAYMENT AND INVOICING
6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable
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law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.
6.2. CONTRACT PRICE. The Contract Price in U.S. dollars is $________________________, which includes the H-GAC administrative fee. Motorola will pay H-GAC’s administrative fee in accordance with the payment terms of the Motorola/H-GAC Contract No. RA05-21. If applicable, a pricing summary is included with the Payment schedule in Exhibit B. Motorola has priced the Services, Software, and Equipment as an integrated System. A change in Software or Equipment quantities, or Services, may affect the overall Contract Price, including discounts if applicable. Fees for professional, SUA, and/or subscription services which are not included in the Contract Price may be listed in Exhibit B, the pricing pages of the proposal, or the applicable Addendum.
6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Invoices will be mailed or emailed to Customer pursuant to Section 6.5, Invoicing and Shipping Addresses. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36- 1115800.
6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices.
Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices.
6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________ E-INVOICE. To receive invoices via email:
Customer Account Number:____________________________________________________________ Customer Accounts Payable Email:______________________________________________________ Customer CC(optional) Email: __________________________________________________________ The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:______________________________________________________________________________ Address:_____________________________________________________________________________
The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________
Customer may change this information by giving written notice to Motorola.
Section 7 SITES AND SITE CONDITIONS
7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process.
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7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.
7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order.
Section 8 TRAINING
Any training to be provided by Motorola to Customer will be described in the applicable Statement of Work.
Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs.
Section 9 SYSTEM ACCEPTANCE
9.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan.
9.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.
9.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance.
Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System.
9.4. FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate.
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Section 10 REPRESENTATIONS AND WARRANTIES
10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications.
10.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Equipment.
10.3. SOFTWARE WARRANTY. Except as described in the SwSP and unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the provisions of this Section that are applicable to the Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. Nothing in this Warranty provision is intended to conflict or modify the Software Support Policy. In the event of an ambiguity or conflict between the Software Warranty and Software Support Policy, the Software Support Policy governs.
10.4. EXCLUSIONS TO EQUIPMENT AND SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear.
10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work.
Services will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them.
10.6. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Equipment or Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty claim, Customer’s sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola.
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10.7. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable.
10.8. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES
FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Section 11 DELAYS
11.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule or applicable Addenda for a time period that is reasonable under the circumstances.
11.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan.
Section 12 DISPUTES
The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”).
12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed.
12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation.
12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute.
12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement.
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12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party.
Section 13 DEFAULT AND TERMINATION
13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan.
13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed.
Section 14 INDEMNIFICATION
14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any third-party claim or suit. Customer will cooperate with Motorola in its defense or settlement of such claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement.
14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, or cause of action arising from any third party claim or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any third-party claim or suit. Motorola will cooperate with Customer in its defense or settlement of such claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement.
14.3. PATENT AND COPYRIGHT INFRINGEMENT.
14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a thirdparty claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer
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providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim.
14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards.
14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product.
14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15.
Section 15 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or implementation and other one-time Services with respect to which losses or damages are claimed. With respect to all subscription or other ongoing Services and unless as otherwise provided under the applicable Addenda, Motorola’s total liability will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Services preceding the incident giving rise to the claim. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.
Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS
16.1. CONFIDENTIAL INFORMATION.
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16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deemed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not copy, reproduce, reverse engineer, decompile, or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement.
16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement.
16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement.
16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner.
16.3 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information.
Under no circumstances will Motorola be required to provide any data related to cost and pricing.
16.4 DATA AND FEEDBACK.
16.4.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, “Customer Data”), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data.
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16.4.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”).
16.4.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola.
Section 17 GENERAL
17.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth.
17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event.
Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power.
17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.
17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind.
17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular
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section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.
17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt.
17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters.
17.9 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change.
Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
17.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party.
17.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant access to the Administrative User Credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support personnel. Customer understands that changes made as the Administrative User can significantly impact the performance of the System.
Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the Administrative User Credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue.
17.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.5 (Motorola Software); Section 3.6 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Contract Price and Invoicing and Payment); Subsection 10.8 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17.
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17.13. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document.
The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.
The Parties hereby enter into this Agreement as of the Effective Date.
Motorola Solutions, Inc. Customer
By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________
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Exhibit A
MOTOROLA SOFTWARE LICENSE AGREEMENT
This Exhibit A Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and ______________________________________ (“Licensee”).
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use.
1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).
1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution.
1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed.
1.5 “Primary Agreement” means the agreement to which this exhibit is attached.
1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.
1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, decompilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement
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and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found).
3.3 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH,
OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN
ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software.
Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued.
4.4 Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and
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Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola.
6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent.
Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
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8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).
Section 9 Commercial Computer Software
9.1 This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R.
Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R.
Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein.
9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
Section 12 NOTICES
Notices are described in the Primary Agreement.
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an
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admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement.
13.3 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Services and use of Solution may change.
Changes to existing Services or the Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the price for Services.
13.4. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee.
13.5. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply.
In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.
13.6. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.
13.7. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.8. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.9. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.
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Exhibit B
PAYMENT
Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones.
System Purchase (excluding Subscribers, if applicable)
1. 25% of the Contract Price due upon contract execution (due upon effective date);
2. 60% of the Contract Price due upon shipment of equipment from Staging;
3. 10% of the Contract Price due upon installation of equipment; and
4. 5% of the Contract Price due upon Final Acceptance.
If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped).
Motorola shall make partial shipments of equipment and will request payment upon shipment of such equipment.
In addition, Motorola shall invoice for installations completed on a site-by-site basis or when professional services are completed, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. Overdue invoices will bear simple interest at the maximum allowable rate by state law.
For Lifecycle Support Plan and Subscription Based Services:
Motorola will invoice Customer annually in advance of each year of the plan.
The chart below outlines the hourly labor rates for Motorola System Integration resources to be used. The staffing requirements shall be multiplied by the appropriate rate per resource in the table below. The hourly labor rates are fully burdened. The hourly rates per resource type and level are listed in Table 1.
These rates apply to ordinary days and times (Monday to Friday during the hours 8am to 5pm). Additional surcharges may apply to work done outside these timeframes. The minimum charge for any resource will be 4 hours. Travel expenses are not included in these rates and may be charged separately. The qualifications of each type and level of resource are defined in the tables found at https://www.motorolasolutions.com/content/dam/msi/secure/services/labor-rates-exhibit-160408.pdf. All Motorola System Integration personnel assigned to this project will be classified according these levels. Project Administrative roles are varied and their specific duties and qualifications will be determined by the complexity and requirements of each project.
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EXHIBIT D
System Acceptance Certificate
Customer Name: ______________________________________________________ Project Name: ________________________________________________________ This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that:
1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.
2. The System is accepted.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ FINAL PROJECT ACCEPTANCE:
Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance.
Customer Representative: Motorola Representative:
Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________
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MAINTENANCE, SUPPORT AND LIFECYCLE MANAGEMENT ADDENDUM
This Addendum to the Communications System and Services Agreement or other previously executed Agreement currently in force, as applicable (“Primary Agreement”) provides additional or different terms and conditions to govern the sale of Maintenance, Support and Lifecycle Management services. The terms in this Addendum are integral to and incorporated into the Primary Agreement signed by the Parties.
1. DEFINITIONS
All capitalized terms not otherwise defined herein shall have the same meaning as defined in the Primary Agreement.
"MUA" means Microwave Upgrade Agreement (MUA).
"NUA" means Network Upgrade Agreement (NUA).
“SUA” or “SUA II” means Motorola’s Software Upgrade Agreement program for Motorola’s P25 radio system.
2. SCOPE
Motorola will provide Maintenance and Support Services and/or Lifecycle Management as further described in the applicable Statement of Work, or attachment to Motorola’s proposal for additional services.
3. TERMS AND CONDITIONS
The terms of the Primary Agreement combined with the terms of this Addendum will govern the products and services offered pursuant to this Addendum. To the extent there is a conflict between the terms and conditions of the Primary Agreement and the terms and conditions of this Addendum, this Addendum takes precedence.
3.1 MAINTENANCE AND SUPPORT SERVICES
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3.1.1 PURCHASE ORDER ACCEPTANCE. Purchase orders for additional, continued, or expanded maintenance and software support, during the Warranty Period or after the Warranty Period, become binding only when accepted in writing by Motorola.
3.1.2 START DATE. The “Start Date” for Maintenance and Support Services will be indicated in the proposal or a cover page entitled “Service Agreement”.
3.1.3 AUTO RENEWAL. Unless the cover page or SOW specifically states a termination date or one Party notifies the other in writing of its intention to discontinue the Services, this Agreement will renew for an additional one (1) year term on every anniversary of the Start Date. At the anniversary date, Motorola may adjust the price of the Services to reflect the renewal rate.
3.1.4 TERMINATION. Written notice of intent to terminate must be provided thirty (30) days or more prior to the anniversary date. If Motorola provides Services after the termination or expiration of this Addendum, the terms and conditions in effect at the time of termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates.
3.1.5 EQUIPMENT DEFINITION. For maintenance and support services, Equipment will be defined to mean the hardware specified in the applicable SOW or attachments to the maintenance and support proposal.
3.1.6 ADDITIONAL HARDWARE. If Customer purchases additional hardware from Motorola that becomes part of the System, the additional hardware may be added to this Addendum and will be billed at the applicable rates after the warranty period for that additional equipment expires. Such hardware will be included in the definition of Equipment.
3.1.7 MAINTENANCE. Equipment will be maintained at levels set forth in the manufacturer’s product manuals and routine procedures that are prescribed by Motorola will be followed. Motorola parts or parts of equal quality will be used for Equipment maintenance.
3.1.8 EQUIPMENT CONDITION. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Addendum. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay maintenance and support fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically maintained for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to maintain that Equipment.
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3.1.9 EQUIPMENT FAILURE. Customer must promptly notify Motorola of any Equipment failure.
Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Addendum and applicable SOW.
3.1.10 INTRINSICALLY SAFE. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.
3.1.11 EXCLUDED SERVICES.
a) Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. b) Unless specifically included in this Addendum, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.
3.1.12 TIME AND PLACE. Service will be provided at the location specified in this Addendum and/or the SOW. When Motorola performs maintenance, support, or installation at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Addendum or applicable SOW, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Addendum or applicable SOW, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses.
3.1.13 CUSTOMER CONTACT. Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola.
3.2 LIFECYCLE MANAGEMENT SERVICES
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3.2.1 The Software License Agreement included as Exhibit A to the Primary Agreement applies to any Motorola Software provided as part of the Lifecycle Management transactions.
3.2.2 The term of this Addendum is __________ years, commencing on _________, 201_. The Lifecycle Management Price for the ___ years of services is $______________, excluding applicable sales or use taxes but including discounts as more fully set forth in the pricing pages. Because the Lifecycle Management is a subscription service as more fully described in the applicable Lifecycle Management Statement of Work, payment from Customer is due in advance and will not be in accordance with any Payment Milestone Schedule.
3.2.3 The System upgrade will be scheduled during the subscription period and will be performed when Motorola’s system upgrade operation resources are available. Because there might be a significant time frame between when this Addendum is executed and when a System upgrade transaction is performed, Motorola may substitute any of the promised Equipment or Software so long as the substitute is equivalent or superior to the initially promised Equipment or Software.
3.2.4 Acceptance of a Lifecycle Management transaction occurs when the Equipment (if any) and Software are delivered and the Lifecycle Management services are fully performed; there is no Acceptance Testing with a Lifecycle Management transaction.
3.2.5 The Warranty Period for any Equipment or Motorola Software provided under a Lifecycle Management transaction will commence upon shipment and not on System Acceptance or Beneficial Use, and is for a period of ninety (90) days rather than one (1) year. The ninety (90) day warranty for Lifecycle Management services is set forth in the Lifecycle Management Statement of Work.
3.2.6 In addition to the description of the Lifecycle Management services and exclusions provided in the Lifecycle Management Statement of Work, the following apply:
a) Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment.
b) Lifecycle Management services exclude the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events.
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c) Unless specifically included in this Addendum or the Lifecycle Management Statement of Work, Lifecycle Management services exclude items that are consumed in the normal operation of the Equipment; accessories; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.
d) Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available during the performance of the Lifecycle Management services.
3.2.7 The Lifecycle Management annualized price is based on the fulfillment of the two year cycle. If Customer terminates this service during a two year cycle, except for Motorola’s default, then Customer will be required to pay for the balance of payments owed for the two year cycle if a major system release has been implemented before the point of termination.
3.2.8 If Customer terminates this service and contractual commitment before the end of the __ year term, for any reason other than Motorola’s default, then the Customer will pay to Motorola a termination fee equal to the discount applied to the last three years of service payments related to the __ year commitment.
4. PAYMENT
4.1 Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and the Customer must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity.
4.2 INFLATION ADJUSTMENT. For multi-year agreements, at the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed using the U.S. Department of Labor, Consumer Price Index, all Items, Unadjusted Urban Areas (CPI-U). Should the annual inflation rate increase greater than 3% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items, not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics. For purposes of illustration, if in year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6 price by 5% (8%-3% base).
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5. ENTIRE AGREEMENT
This Addendum, any related attachments, and the Primary Agreement, constitutes the entire agreement of the Parties regarding the subject matter of this Addendum and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Addendum may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Addendum, even if a representative of each Party signs that document.
END
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Randy Milligan, Police Chief
SUBJECT: POLICE DEPARTMENT FORD F150 COMMERCIAL TRAFFIC
TRUCK WITH NECESSARY OUTFITTING, AND EQUIPMENT
PURCHASE APPROVAL
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the purchase of one Ford F150 commercial traffic enforcement truck from Jim Burke Ford, necessary outfitting from AEP, and required commercial enforcement equipment at a cost of $111,445.78.
BACKGROUND
The Shafter Police Department currently employs patrol personnel and a dedicated traffic control unit to enforce traffic laws. Their goal is to reduce traffic collisions and the resulting injuries while ensuring the safe and efficient flow of both vehicular and pedestrian traffic. These efforts lead to safer roadways, fewer fatalities and injuries, and decreased property damage.
Over the years, department staff have noticed a significant increase in commercial vehicles. One of the primary reasons for having a commercial traffic enforcement unit is that Shafter is home to multiple distribution centers within the Wonderful Industrial Park, which includes companies such as Ross, Amazon, Target, Walmart, and, most recently, new frozen storage facilities. These companies utilize various commercial vehicles, including semi-trucks, box trucks, and other types of commercial transport.
Given the large volume of commercial vehicles, it is essential to have an officer enforce traffic laws specific to these vehicles, especially since many can carry loads of up to 80,000 pounds. Commercial drivers are held to a high standard due to the nature of the vehicles they drive.
Shafter is also a significant agricultural community, with numerous farms and food industries that rely on commercial vehicles to transport crops and food products across California. Since there are no designated commercial enforcement facilities in Kern County north of the Grapevine on Interstate 5, having a commercial traffic enforcement officer for the Shafter area would be highly beneficial. This would help ensure that commercial drivers comply with applicable laws regarding weight, load, length, and equipment and that proper maintenance is performed to keep the roads safe.
Commercial traffic enforcement focuses on ensuring the safe and legal operation of
POLICE DEPARTMENT FORD F150 COMMERCIAL TRAFFIC TRUCK WITH NECESSARY
OUTFITTING, AND EQUIPMENT PURCHASE APPROVAL
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commercial trucks and other commercial vehicles. Key responsibilities include conducting inspections, weight checks, and enforcing regulations. Having mobile road enforcement will allow officers to conduct inspections and enforce activities on the road, addressing issues such as driver qualifications, vehicle equipment, cargo regulations, logbook provisions, sobriety, and fatigue factors.
An officer has recently attended a certified Commercial Traffic Enforcement Course, which enhanced the officer's knowledge of commercial motor vehicle safety and enforcement, to run a successful unit. Outfitted a commercial traffic enforcement truck will allow officers to carry the required gear necessary to perform commercial vehicle inspections, and the commercial traffic enforcement vehicle will also be equipped for prisoner transport. The commercial traffic enforcement unit will be utilized with the current staffing level and will not require additional personnel to conduct commercial traffic enforcement.
Staff received a quote from Jium Burke Ford, the only dealership in Kern County that offers government pricing for such vehicles. The police department has contracted with American Emergency Products (AEP), which has provided emergency equipment outfitting and maintenance since 2003. Additionally, the department has previously collaborated with Finish Line Signs to apply necessary emergency graphics to its vehicles. The design fees for the department's graphics have already been paid, which makes it cost-prohibitive to seek alternative quotes, as this would incur new design fees. Furthermore, mobile radios for the patrol vehicles must be purchased through Motorola Solutions, the sole provider of public safety radios. The department needs to outfit new patrol vehicles with AES encryption to comply with DOJ/CJIS encryption protocols.
FISCAL IMPACT
If approved by the Council, a budget adjustment will be required to allocate $111,445.78 from the General Fund by utilizing the cost savings of open personnel positions.
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 outfitting a Commercial Traffic Enforcement Unit 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
ATTACHMENTS
1. 2025 RESPONDER QUOTE revised 9april2025
2. QTE 40764 from AEP_Shafter_F150 with Prisoner Transport
3. Paint quote
4. Radio
POLICE DEPARTMENT FORD F150 COMMERCIAL TRAFFIC TRUCK WITH NECESSARY
OUTFITTING, AND EQUIPMENT PURCHASE APPROVAL
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5. Decals
6. LoadOmeter quote
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Mar 17, 2025
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
Contact: Chief Randy Milligan, (661) 978-4991
Contact 2: Lt Joshua Stephens, (661) 805-6872
Vehicle Availibility:
VIN(s):
1. ***Lightbar / Siren Package***
1.00 LBAR04353 SoundOff mPower 55" Exterior Lightbar for 2021+ Ford F150
/ EMPLB0106F-3GD 2,927.5000 2,927.50 Y
1.00 SIRE00632 500 Series bluePRINT Siren, Remote Push Button, 200-Watts
/ ENGSA5200RSP 967.0000 967.00 Y
1.00 VACC03152 / ENGLMK013 bluePRINT Link Micro Module 2024 F150 375.0000 375.00 Y
2.00 SPEA00253 100 Watt Composite Siren Speaker w/ Univ Bkt, 5-YR Warranty
/ ETSS100J5 232.5000 465.00 Y
1.00 SIRE00566 / ENGSYMD01 bluePRINT SYNC Module with Antenna 259.0000 259.00 Y Quotation continued on next page ...
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Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
***Push Bumper with Front Lighting***
1.00 BUMP00907 PB450-LR4 Push Bumper, SoundOff mPower x4, 2021+ F-150
/ BK1526FDT21F150 527.1200 527.12 Y
2.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
/ EMPSCG2STS4D 126.0000 252.00 Y
2.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
/ EMPSCG2STS4E 126.0000 252.00 Y
1.00 PATC00288 Bumper Harness, bluePRINT 500 w/3-Wire x4, Universal
/ FT-UNV-SOB5-BUM-02 177.6000 177.60 Y
***Front/Rear Fender LED's***
2.00 LEDS04378 3-Wire mPower Fascia LED, Quick Mount, 12-LED, Red/White
/ EMPSCG2QMS4D 126.0000 252.00 Y
2.00 LEDS04379 3-Wire mPower Fascia LED, Quick Mount, 12-LED, Blue/White
/ EMPSCG2QMS4E 126.0000 252.00 Y
4.00 VACC01772 / PMP2WDG15B 15deg mPower Wedge for 4" QM 7.5000 30.00 Y
4.00 PATC00345 / FT-UNV-SOB5-3WR-07 bluePRINT 500 w/3-Wire LED Extension, 48", Universal 60.0000 240.00 Y ***Tail Gate LED's***
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Mar 17, 2025
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
2.00 LEDS04369 3-Wire mPower Fascia LED, Quick Mnt, 18-LED, Red/Blue/White
/ EMPSCG2QMS5RBW 140.0000 280.00 Y
1.00 PATC00316 bluePRINT 500 w/3-Wire LED Extension Dual 48", Universal
/ FT-UNV-SOB5-3WR-04 66.0000 66.00 Y
***Tail Light LED's***
2.00 LEDS03669 / ELUC3H010R Universal Under Cover LED Insert, 5-Wire, Red 85.5000 171.00 Y ***FasTech Harness/ Electrical System***
1.00 PATC00320 Primary Harness, bluePRINT 500 w/3-Wire, 21+ F-150 / 22+ Exp
/ FT-F02-SOB5-PRI-01 1,950.0000 1,950.00 Y
1.00 PATC00321 Underhood Harness, bluePRINT 500 w/3-Wire, Truck / SUV
/ FT-UNV-SOB5-UND-01 314.4000 314.40 Y
1.00 PATC00322 FasTech Rear Harness, bluePRINT 500 w/3-Wire, 21, F-150
/ FT-F03-SOB5-RTH-01 462.0000 462.00 Y
1.00 PATC00350 / LIN-GUARD LIN Guard Module Only 284.0000 284.00 Y
1.00 VACC02945 / B00FSYBKPM Panel Mount USB-B Extension Cable, Panle Mount, 3' 16.0000 16.00 Y
1.00 VACC02241 RJ45 Splitter, 1-Male to 3-Female, Use for BP
SYNC/LINK/CP
/ B07PPLK8L4 24.0000 24.00 Y
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Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
1.00 VACC02325 / 491-SC36MP Compact Foot Switch w/ Mounting Plate 93.5700 93.57 Y
1.00 VACC01714 / AEP-SW-IDLE Switch, Idle Security, Off-On 17.4400 17.44 Y ***Post Mounted LED Spot Lights***
1.00 SPOT00429 LED Post Mounted Spotlight, 335 Series, 2024 F150 Driver Sid
/ 221016-0002 379.1300 379.13 Y
1.00 LIGH00327 / 9078 Spot Light Installation Kit, 2024 F150 Driver Side 62.6700 62.67 Y
1.00 SPOT00431 LED Post Mounted Spotlight, 335 Series, 2024 F150 Passenger
/ 221017-0002 379.1300 379.13 Y
1.00 SPOT00432 / 9079 Spot Light Installation Kit, 2024 F150 Driver Side 62.6700 62.67 Y
1.00 INST05715 / B00B2QY04S 1/2" x 12" Cobalt Aircraft Ext Drill Bit -Spot Light Install 70.1000 70.10 Y Note: Install kits and drill bit will be removed
if vehicle is equipped with spot light prep option #59D ***Center Equipment Console***
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Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
1.00 CONS01750 Console Kit, '21+ Ford F-150, 8"/12" w/ Cup & Phone Holders
/ 7170-0882-00 872.2000 872.20 Y
1.00 FACE00546 / 7160-0321 Console Faceplate, Motorola XLT/APX -05 Remote, 3" 0.0000 0.00 N PL 2013-05-15
1.00 FACE00866 / 20033 Console Faceplate, SoundOff 500 Remote Siren, 3.5" 0.0000 0.00 N
1.00 FACE00168 / 3130-0153 Console Blank Filler Plate, 1" 0.0000 0.00 N
1.00 FACE00170 / 3130-0154 Console Blank Filler Plate, 2" 0.0000 0.00 N PL 2013-05-15
1.00 FACE00615 / 7160-0528 Console Faceplate for Uniden BCT15X Scanner, 3" 0.0000 0.00 N
1.00 CONS01180 / 7160-0332 Console Storage Pocket, 3" 47.6000 47.60 Y PL 2013-05-15
1.00 VACC01970 / 7160-0524 MCS External Break-Away Armrest 279.3000 279.30 Y
2.00 CONS01276 / MMBP-25 Magnetic Microphone Mount BP 37.9500 75.90 Y
1.00 VACC01101 / 11010 DC Power Port 6.4000 6.40 Y
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Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
1.00 VACC01102 / 11011 DC Power Port Cap 2.4000 2.40 Y
1.00 VACC02798 USB C & USB A Dual Port Car Charger Socket Power Outlet
/ B08DD4BH6G 14.4000 14.40 Y
1.00 LIGH00331 / M84434RW-A 6" Interior LED Dual Color Red/White Dome Light 65.6000 65.60 Y ***Computer Mount (Getac V110)***
1.00 COMP02001 / 7160-0515-03 Docking station, Getac V110 w/ Screen Stiffener, Tri-RF 1,019.2000 1,019.20 Y
1.00 COMP02052 / 7300-0516 Getac 120W Auto Power Adapter with Bare Wire Lead 106.0000 106.00 Y
1.00 CONS01634 / 7160-1216-09 Mongoose XLE 9" Motion Attachment 421.4000 421.40 Y ***Radio / Data Antenna***
1.00 ANTE01138 Sharkee Multi-Function Antenna, Cell/ WiFi/ GPS + Whip
/ GPSB5G 177.8300 177.83 Y
1.00 ANTE00973 RF Extension Cable for Cell/LTE, SMA Socket to SMA Plug, 16'
/ C29SP-5SJ-CELL 21.5600 21.56 Y
1.00 ANTE00814 / C32SP-5SP WiFi Antenna Extension Cable, 16', SMA 27.4000 27.40 Y Quotation continued on next page ...
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Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
1.00 ANTE00974 RF Extension Cable for GPS, RG174, FME Plug to SMA Plug, 16'
/ C23FP-5SP 17.2300 17.23 Y
1.00 ANTE00791 / AFGB-S4 Antenna Whip (Sharkee), UHF, 450-470 MHz 32.1300 32.13 Y
1.00 ANTE00782 / C23F-5M Radio Antenna Extension Cable, 16', Mini-UHF (MPL) 17.2300 17.23 Y ***Radio Prep / Install***
1.00 PATC00346 / HDLN-SPK-KIT Radio Speaker Headliner Mounting Kit w/ Wire Pigtail 61.7500 61.75 Y
1.00 SPEA00146 / GM-65/8 Radio Speaker, 5-1/4" 8 Ohm, Sealed Back w/ Grille 19.7600 19.76 Y
1.00 INST05833 / B00HCRLJJ0 10 Gauge 2 PIN Quick Disconnect (Motorola T/R Power) 12.6000 12.60 Y Note: Install Shafter Supplied Radio if Availible @ Install ***Scanner***
1.00 RADI00511 Mobile Public Safety Scanner, APCO-25, 9000 Channels w/PC
/ BCT15X 225.0000 225.00 Y
1.00 RADI00986 / KSP8 Kalibur Big Mouth External Scanner Speaker 23.2200 23.22 Y
1.00 ANTE00059 / NMO150/450/800 Scanner Antenna, VHF/UHF/800-940, NMO, Black 49.7000 49.70 Y Quotation continued on next page ...
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Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
1.00 ANTE00364 / NMOKHFUDFME*25 Antenna NMO Mount / Cable, 25' with FME 38.9000 38.90 Y
1.00 ANTE00800 / CA-BP-FP RF Adapter,FME Male to BNC Male 3.3100 3.31 Y ***Prisoner Transport***
1.00 PRIS01964 / PK0228FDT15F150 10XL C2 Partition, Recessed, Poly Sliding, 2025 F150 949.5200 949.52 Y
1.00 STOR01003 / TK1338FDT15F150 Super MAX Cargo Deck / Drawer System w/ Seat, F150 3,783.1200 3,783.12 Y
2.00 DOME00054 / E06-LS0R-1 Silho-X 4" Round Neutral White/Red Light SS Trim Ring 32.9000 65.80 Y
1.00 VACC01661 Switch, Rear Dome Light, Color Select, On-On (Red-White)
/ AEP-SW-DOME3 17.4400 17.44 Y
1.00 VACC01450 / AEP-SW-DOME1 Switch, Rear Dome Light, On-Off-On (On-Door-Off) 17.4400 17.44 Y ***Gun Rack***
1.00 GUNM00891 Gun Rack, Dual, Partition Mount 38" Spine, SC6-B/SC1, #H
/ GRPXXX6B1XH38 639.2000 639.20 Y
1.00 GUNM00513 / GUNMARTDPGRDBOM AR-15 Takedown Pin Guard 193.6000 193.60 Y ***Secure Storage***
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Mar 17, 2025
Qty.
Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:
Quotation Date Page
Order Number
F150 Patrol x1 SHA11001 AS NET30
QTE0040764
AEP - California, LLC
3437 Landco Dr. Suite A
Bakersfield, CA 93308
Remit to: 10729 Wheatlands Ave. Suite C
Santee, CA 92071
Shafter Police Department
201 Central Valley Highway
email invoices to: [email protected]
cc: [email protected] & [email protected]
Shafter, CA 93263
AEP-Bakersfield
3437 Landco Drive
Bakersfield, CA, 93308
Year Make Model Color
2025 Ford F150 Responder B/W
State Contract #
NA
Tax
1.00 STOR01169 Decked Truck Bed Storage System. 15+ F-150 / 5"6" Bed
/ XF4 1,519.9900 1,519.99 Y
***Shafter PD Supplied Components***
1.00 INST05685 / CSM Motorola APX-4500 Dash Mount Radio Kit 0.0000 0.00 N ***Installation***
1.00 SHOP90006 / Shop Supplies Shop Supplies: Wire, Loom, Connectors, Hardware... 100.0000 100.00 Y
58.00 LABO90001 / AEP INSTALL All Labor Charges (58 /Veh) 105.0000 6,090.00 Y EVT-Certified Technician Labor
***Freight Shipping and Vehicle Transportation***
Freight / Shipping 350.00 N
31,047.59
28,972.46
2,075.13
Subtotal
Total sales tax
Total order
Order Discount 0.00
Parts
Labor / Services
Thank you for the opportunity to earn your business
Terms & Conditions:
ESTIMATES VALID FOR 30 DAYS
Orders will be invoiced upon notification of completion Returns subject to 25% restocking fee. No returns on special order items.
Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only.
SIGNATURE (not required if PO/contract is issued)
PB#Assign EmailTo, PB#INFO Email
Trans / Trip / Fee
22,532.46
6,090.00
Shipping 350.00
0.00
..... ,,'=".;:,- ~ "·"" .-.............. ~ ._ ..... ,. i-W: •• - • ·,,,- ',, l, :~~~jimate of Auto R~paks -- AS LISTED FOR LABOR AND MATERIALS
VERBAL AGREEMENTS NOT BINDING - ESTIMATES FREE
OWNER
ADDRESS
INSURANCE CO.
ADDRESS
YEAR/MAKE MODEL MILEAGE
QUANTITY DESCRIPTION OF LABOR OR MATERIAL
I f
& Paint
Ave.
•: 93263
Lie. #AC232806
PARTS PRICE BASED ON STANDARD CATALOG l'RIJCURE1!\UO' PAie£ LISTS SUBJECTTO CHANGE WITHOUT NOTICE.
Pi10Cllfll:M£Hf AND DELIVERY CHARGES W.Y BE ;\OOBI FOR SPECIAL SER\llCE OR ITEMS NOT AVAIIABl.f.l.OCWY PHONE NO.
PHONE NO.
MOTOR NO.
OLD PARTS REMOVED FROM CARS WILL BE JUNKED UNLESS OTHERWISE INSTRUCTED IN WRITING.
THE ABOVE IS AN ESTIMATE BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN OPENED UP. OCCASIONALLY, AFTER WORK HAS STARTED, WORN PARTS ARE DISCOVERED WHICH ARE NOT EVIDENT ON FIRST INSPECTION. BECAUSE OF THIS, THE ABOVE PRICES ARE NOT GUARANTEED.
ESTIMATED BY
AUTHORIZED AND ACCEPTED
BY OWNER
OR AGENT
8u1d11mr D11104
ESTIMATE APPROVED BY
DATE
DATE
EST. NO.
ORDER NO.
LICENSE NO.
SERIAL NO.
PART NO.
TOTAL
MATERIALS
MATERIAL
TOTAL LABOR
TOTAL MATERIALS
TAX
PAID OUT - TOW & STORAGE
SUBLET REPAIRS
TOTAL
LABOR
J
03-11
TELEPHONE: 410-420-7535 E-MAIL: [email protected]
TOLL FREE: 800-753-6696 HTTPS://WWW.LOADOMETER.COM
TELEFAX: 410-420-7537
CORPORATION
PORTABLE WEIGHING DEVICES
9540 DEERECO ROAD
TIMONIUM, MD 21093
“WEIGH THE LOADS AND SAVE THE ROADS”
March 31, 2025
Mitchell Castillo
Shafter Police Department
201 Central Valley Hwy.
Shafter, CA 93263
Dear Mitchell,
Loadometer Corporation herein affirms that it is now and has been Haenni & Cie.AG's sole source in the United States since 1979 for the sale, parts and service of their Wheel Load Weighing devices. It is expected that this relationship will continue for an indefinite time period. If this relationship should dissolve or change, you will be notified in writing immediately.
We also herein affirm the Haenni WL101 wheel load weigher is the only hydraulic/analog low profile wheel load weigher in production in the world. It is protected under United States Patent #4,673,049.
Loadometer Corporation herein quotes a firm price of $5,395.00 each for the Haenni WL101 Wheel Load Weigher in quantities of 01-19 units. There is no charge for delivery and the scales are offered with the standard 3-year warranty. Delivery is typically from stock to 30 days ARO.
Our terms are Net 30 Days. This price does not include any local sales/use taxes if applicable. This quote is valid for 60 Days. The total for 4 scales would be $21,580.00.
If I may be of more service or provide additional information, please do not hesitate to contact me at 1-800-753-6696.
Sincerely,
TELEPHONE: 410-420-7535 E-MAIL: [email protected]
TOLL FREE: 800-753-6696 HTTPS://WWW.LOADOMETER.COM
TELEFAX: 410-420-7537
CORPORATION
PORTABLE WEIGHING DEVICES
9540 DEERECO ROAD
TIMONIUM, MD 21093
“WEIGH THE LOADS AND SAVE THE ROADS”
Jeff Barnes
Vice President
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Lance Lippincott, City Manager, Michael James, Public Works Director
SUBJECT: DECLARATION OF SURPLUS EQUIPMENT AUTHORIZATION
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; declare the list of equipment in this item as surplus property and authorize the sale or disposal of said items through a public sale process or auction as necessary.
BACKGROUND
Since the closure of the Shafter Modified Community Correctional Facility (MCCF) in 2020, extraneous equipment in the facility has been disposed of to support future utilizations. Previously, Council has approved the following for surplus:
• Dining Room Metal Tabls and Stools
• 64 Dorm Tables
• 40 Dorm Benches
• 128 Dorm Stools
• Miscellaneous Scrap
In an effort to continue to prepare the space for new utilization, the following additional equipment will need to be removed and disposed of in a compliant method:
• Control Room Panel Boards
• Solenoid Security Locks
• Security Core Locks
• Internal Security Doors
• Radio Batteries and Chargers
Most of the equipment is significantly obsolete, with little or no marketable value.
FISCAL IMPACT
No budget action is necessary for this item. Any revenues generated from sale of surplus property will be assigned to the appropriate general fund or enterprise operations budgets.
DECLARATION OF SURPLUS EQUIPMENT AUTHORIZATION
- 2 -
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is the approval to declare surplus equipment for disposal or sale and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment that have not already been previously analyzed and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
None
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: TRACT 6490 PHASE 1 NOTICE OF COMPLETION AND
ACCEPTANCE OF WORK
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; accept the public improvements constructed for Tract 6490 Phase 1; authorize the City Engineer to file a Notice of Completion and Acceptance of Work for the tract; and authorize the reduction of performance bond securities to 25% of the total construction cost to act as a warranty bond for a minimum of one year.
BACKGROUND
Tract 6490 Phase 1 is a tract on the north side of Los Angeles Avenue, just west of the Omni Family Health facility. The developer, Balfanz Homes. Inc., has completed the required public improvements for Tract 6490 Phase 1 as of March 6th, 2025.
Completed improvements include earthwork, water, sewer, storm drain facilities, curbs, gutters, perimeter walls, street paving, street lighting, sidewalks, and underground utilities, including City fiber service. The applicable work has been completed per the approved plans and on-site inspections by Public Works.
Balfanz Homes, Inc. previously filed performance bonds with the City to cover 100% of the proposed construction cost of the public improvements for Tract 6490 Phase 1. The bonds, included in the Subdivision Improvement Agreement between Balfanz Homes, Inc., and the City, ensure faithful performance in constructing the public improvements.
Upon the City Engineer's recommendation, the bond amount can be reduced to 25% of the total construction cost as public improvements are accepted by the Council.
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 to authorize a notice of completion and acceptance of work for a tract that has already been environmentally cleared and, therefore, it is an organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.
TRACT 6490 PHASE 1 NOTICE OF COMPLETION AND ACCEPTANCE OF WORK - 2 -
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
None
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Ravi Pudipeddi, City Engineer
SUBJECT: TRACT 7244 PHASE 3 COMPLETION OF PUBLIC
IMPROVEMENTS AGREEMENT
RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the California Environmental Quality Act; approve an agreement for the completion of Public Improvements with Lennar Homes of California, LLC for Tract 7244 Phase 3 subject to review and approval by the City Attorney and City Engineer; and authorize the City Manager to execute said agreement.
BACKGROUND
Tract 7244 Phase 3 is being developed on the north side of Seventh Standard Road between the Friant-Kern Canal and the Calloway Canal. The tract is within the Marcona Preserve Specific Plan. The developer, Lennar Homes of California, LLC, desires to file and record the tract map before completing all public improvements conditioned by the City (street, sewer, water, utilities, landscaping, etc.), which requires them to execute an agreement with the City to ensure improvements are constructed after the map recordation. Public improvement agreements have been used in the past to facilitate demand for housing. In all cases, City staff used them to ensure infrastructure was constructed.
FISCAL IMPACT
The costs of preparing and facilitating a public improvements agreement for Tract 7244 Phase 3 are generally covered by fees paid by the developer. Once the improvements are completed and dedicated to the City and a warranty period has expired, costs to maintain the improvements will be added to City operations budgets. No budget action 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 an agreement for the completion of public improvements for a project that has already been environmentally cleared. This item is creating a governmental funding mechanism 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
TRACT 7244 PHASE 3 COMPLETION OF PUBLIC IMPROVEMENTS AGREEMENT - 2 -
Yes
ATTACHMENTS
1. Tract 7244-3 Subdivision Improvement Agreement
17236.01004\42924822.2
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF SHAFTER
336 Pacific Avenue
Shafter, California 93263
ATTN: City Engineer
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fee, per Government Code
Section 6103
CITY OF SHAFTER
By:
City Clerk
AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT 7244 PHASE 3
Between
CITY OF SHAFTER, A CALIFORNIA MUNICIPAL CORPORATION
And
LENNAR HOMES OF CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION)
And
MILLROSE PROPERTIES CALIFORNIA, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
17236.01004\42924822.2
1 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT 7244 PHASE 3
I. PARTIES AND DATE.
This Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this ________ day of ________________________, ___________ by and between the City of Shafter, a California municipal corporation and charter city (“City”) and LENNAR HOMES OF CALIFORNIA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) with its principal office located at 8080 N. PALM AVE, STE 110, FRESNO, CA 93711 (“Develop or “Subdivider”) and MILLROSE PROPERTIES CALIFORNIA, LLC, a California limited liability company (“Owner”). City, Developer and Owner are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
II. RECITALS.
A. On APRIL 12, 2017, Developer submitted to City an application for approval of a tentative map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”). The tentative map was prepared on behalf of Developer by MCINTOSH & ASSOCIATES, and is identified in City records as TRACT 7244 PHASE 3.
B. Developer’s application for a tentative map for TRACT 7244 PHASE 3 was deemed complete on JULY 7, 2017. On AUGUST 15, 2017, the SHAFTER CITY COUNCIL conditionally approved Developer’s application for a tentative map for TRACT 7244 PHASE 3. On OCTOBER 28, 2024, revisions to said tentative map for TRACT 7244 PHASE 3 were determined to be in substantial conformance with the original map.
C. Developer has not completed all of the work or made all of the public improvements required by the Shafter Municipal Code (Title 16—Subdivisions), the Subdivision Map Act (Government Code sections 66410 et seq.) (“Map Act”), the conditions of approval for TRACT 7244 PHASE 3, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
D. Pursuant to Title 16 of the Shafter Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer, for TRACT 7244 PHASE 3.
E. Owner’s and Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for TRACT 7244 PHASE 3.
III. TERMS.
3.1 Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer and/or Owner provides City with security of the type and in the amounts required by this Agreement; (b) Owner and Developer execute and record this Agreement in the Recorder’s Office of the County of Kern; (c) the City Council of the City (“City Council”) approves the final
17236.01004\42924822.2
2 map for TRACT 7244 PHASE 3 and (d) Developer or Owner cords the final map for TRACT 7244 PHASE 3 in the Recorder’s Office of the County of Kern. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City, Developer, or Owner and Developer or Owner may not thereafter record the final map for TRACT 7244 PHASE 3.
3.2 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of TRACT 7244 PHASE 3, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, water mains and services, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for TRACT 7244 PHASE 3 (“Public Improvements”). The Public Improvements are more specifically described in Exhibit “B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
3.2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
3.2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
3.2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
3.2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws,
17236.01004\42924822.2
3 ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
3.2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
3.2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
3.3 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, sewers, and storm drains; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
3.4 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within one (1) year of the effective date of this Agreement.
3.4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance
17236.01004\42924822.2
4 to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
3.4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
3.5 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of TRACT 7244 PHASE 3 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et seq. of this Agreement.
3.6 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within TRACT 7244 PHASE 3 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.
3.7 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to TRACT 7244 PHASE 3.
3.8 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
IV. DEFAULT; NOTICE; REMEDIES.
4.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare
17236.01004\42924822.2
5 Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement.
4.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation.
All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
4.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
4.4 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
4.5 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Kern a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If TRACT 7244 PHASE 3 was approved and recorded as a single phase
17236.01004\42924822.2
6 map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
4.6 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
4.7 Security; Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below (“Security”). The amount of the Security shall be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 13.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.
4.7.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 8.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of ONE MILLION FIVE HUNDRED AND TWENTY EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,528,300.00******) which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for TRACT 7244 PHASE 3, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for TRACT 7244 PHASE 3.
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7 4.7.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of ONE MILLION FIVE HUNDRED AND TWENTY EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,528,300.00******) which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
4.7.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A-:VII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement.
The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
4.7.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.
4.8 Monument Security. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for TRACT 7244 PHASE 3 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash with City in the amount of THIRTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($13,500.00******) which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for TRACT 7244 PHASE 3.
4.9 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, Developer and Owner hereby create in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 13 et seq. and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
4.10 Indemnification. Developer and Owner shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes
17236.01004\42924822.2
8 of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
4.11 Public Works Determination. Developer has been alerted to the requirements of California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.
V. INSURANCE.
5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
5.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage.
5.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
5.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees.
5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than
17236.01004\42924822.2
9 $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.
5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
5.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
5.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City.
5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A-:VII.
5.8 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
5.9 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to TRACT 7244 PHASE 3, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency
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10 between City, Owner and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
VI. GENERAL PROVISIONS.
6.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
6.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
6.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY:
CITY OF SHAFTER
DEVELOPER:
LENNAR HOMES OF CALIFORNIA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (AS
SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A
CALIFORNIA CORPORATION)
8080 N. PALM AVE, STE 110, FRESNO, CA 93711
336 PACIFIC AVENUE
SHAFTER, CALIFORNIA 93263
ATTN: CITY ENGINEER
OWNER:
MILLROSE PROPERTIES CALIFORNIA, LLC, a
California limited liability company
7801 FOLSOM BOULEVARD, #202
SACRAMENTO, CA 95826
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
17236.01004\42924822.2
11 6.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
6.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type.
The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
6.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
6.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
6.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
6.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Kern, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
6.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys’ and experts’ fees, costs and expenses
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12 incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.
6.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
17236.01004\42924822.2
13 CITY OF SHAFTER
LENNAR HOMES OF CALIFORNIA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (AS
SUCCESSOR-IN-INTEREST BY CONVERSION TO
LENNAR HOMES OF CALIFORNIA, INC., A
CALIFORNIA CORPORATION)
By: By:
Lance Lippincott
City Manager
City of Shafter
Mike Miller
Vice President
Lennar Home of California, LLC
OWNER:
MILLROSE PROPERTIES CALIFORNIA, LLC, a
California limited liability company
By
Mike Miller
Vice President
MILLROSE PROPERTIES CALIFORNIA, LLC
ATTEST:
By:
Yazmina Pallares
City Clerk
City of Shafter
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
By:
NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
17236.01004\42924822.2
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On , 20 , before me, ,
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 of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
17236.01004\42924822.2
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On , 20 , before me, ,
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 of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
17236.01004\42924822.2
Exhibit C-1
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY - TRACT 7244 PHASE 3
BEING A SUBDIVISION OF LOT “3” OF TRACT NO. 7333 FILED FOR RECORD DECEMBER 11, 2018 IN MAP BOOK 63, PAGES 9-13 AND LOT “B” OF LOT LINE ADJUSTMENT NO. 22-89 PER CERTIFICATE OF COMPLIANCE RECORDED MARCH 22, 2023, AS DOCUMENT NO. 223032366 OF O.R., BOTH IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 28 SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA.
17236.01004\42924822.2
Exhibit C-2
EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS - TRACT 7244 PHASE 3
THE FOLLOWING LIST OF IMPROVEMENTS SHALL NOT BE CONSIDERED AS COMPLETE OR ALL
INCLUSIVE BUT SHALL SERVE AS A GENERAL DESCRIPTION OF IMPROVEMENTS REQUIRED FOR RESIDENTIAL TRACTS. DEVELOPER’S ATTENTION IS DIRECTED TO THE CONDITIONS OF APPROVAL FOR THE TRACT, THE DEVELOPER’S AGREEMENT FOR THE TRACT, ANY APPLICABLE SPECIFIC PLAN, AND TITLE 16 OF THE CITY OF SHAFTER MUNICIPAL CODE FOR MORE INFORMATION ON SPECIFIC PUBLIC IMPROVEMENTS REQUIRED.
ALL EARTHWORK AND GRADING INCLUDING REMOVAL AND DISPOSAL OF UNSUITABLE
MATERIALS, REMOVAL AND/OR RELOCATION OF OBSTRUCTIONS, IMPORT, EXPORT,
ROUGH GRADING, FINAL GRADING, EXCAVATION, TRENCHING, BACKFILLING,
COMPACTION, FOOTINGS, FOUNDATIONS, AND SUBGRADE PREPARATION,
OVEREXCAVATION, RECOMPACTION, RETAINING STRUCTURES, DUST CONTROL,
EROSION AND/OR SEDIMENT CONTROL MEASURES, SOILS STUDIES, TESTING, AND INSPECTION.
PUBLIC WATER IMPROVEMENTS INCLUDING WATER MAINS FOR DOMESTIC AND
IRRIGATION PURPOSES, VALVES, FITTINGS, CONNECTIONS, SERVICES, METERS, AND FIRE HYDRANTS.
PUBLIC SEWER IMPROVEMENTS INCLUDING SEWER MAINS, MANHOLES, CLEAN OUTS,
CONNECTIONS, SERVICES, AND ANY NECESSARY SEWAGE LIFT STATIONS, FORCE MAINS, AND DISCHARGE STRUCTURES.
PUBLIC STORM DRAIN IMPROVEMENTS INCLUDING STORM DRAIN PIPING, MANHOLES, JUNCTION BOXES, INLETS, OUTLETS, BASINS, AND PERIMETER FENCING. PUBLIC STREET IMPROVEMENTS INCLUDING CURBS, GUTTERS, CROSS GUTTERS,
SPANDRELS, SIDEWALKS, WHEELCHAIR RAMPS, OTHER PEDESTRIAN FACILITIES,
MEDIANS, STREET SECTION AND PAVING IMPROVEMENTS, STREET LIGHTING, STREET
SIGNS, BARRICADES, FENCING AND/OR GATES, TRAFFIC SIGNS, MARKINGS, STRIPING, BEACONS, AND SIGNALS.
PUBLIC UTILITIES THAT SUPPLY ELECTRICAL POWER, NATURAL GAS, CABLE TV,
INTERNET, PHONE, AND FIBER OPTIC SERVICE FOR EACH PROPOSED LOT, STRUCTURE, OR PUBLIC USE.
PUBLIC LANDSCAPING IMPROVEMENTS ALONG STREETS AND WITHIN MEDIANS, PASEOS,
AND NATURAL TRAILS INCLUDING EARTHWORK AND GRADING, SOIL AMENDMENTS,
PLANTS & FOLIAGE, GROUND COVER, SPRINKLERS AND RELATED TIMERS AND
CONTROLLERS, WALLS, SEATING, LIGHTING, WALKABLE PATHS, AND RELATED INFRASTRUCTURE.
WHERE PROPOSED BY THE DEVELOPER, PUBLIC PARK IMPROVEMENTS INCLUDING ANY
AND ALL OF THE IMPROVEMENTS LISTED ABOVE AND ALSO INCLUDING, BUT NOT LIMITED
TO, SEATING, TABLES, SHADE STRUCTURES, TRASH RECEPTACLES, WATER FOUNTAINS,
PLAY STRUCTURES, RELATED SURFACING, PLAY AREAS, OPEN AREAS, PUBLIC FACILITIES, AND LIGHTING.
17236.01004\42924822.2
Exhibit C-3
A SUFFICIENT QUANTITY OF CLUSTER MAILBOX UNITS WITH FOUNDATIONS, APPROPRIATE CLEARANCE, AND WALKABLE SURFACING. UNITS SHALL BE APPROVED BY THE LOCAL POSTAL AUTHORITY FOR USE.
IMPROVEMENTS SHALL ALSO INCLUDE ANY AND ALL NECESSARY IMPROVEMENTS OR
UPGRADES TO OR REROUTING OF PRE-EXISTING PUBLIC OR PRIVATE FACILITIES OR UTILITIES AS DETERMINED BY THE FACILITY OR UTILITY OWNER. IMPROVEMENTS SHALL
INCLUDE PROTECTION OR PRESERVATION OF PRE-EXISTING PUBLIC OR PRIVATE FACILITIES THAT WILL NOT BE RELOCATED, MODIFIED, OR REMOVED. IMPROVEMENTS SHALL INCLUDE ANY EASEMENTS, GRANT DEEDS, COVENANTS, DEDICATIONS, OR NECESSARY RIGHTS OF WAY FOR SAID IMPROVEMENTS. DIMENSIONS
OF EASEMENTS, GRANT DEEDS, COVENANTS, DEDICATIONS, OR NECESSARY RIGHTS SHALL BE APPROVED BY THE CITY.
IMPROVEMENT SHALL INCLUDE ALL APPROPRIATE AND NECESSARY PERMITS REQUIRED BY LOCAL, STATE, OR FEDERAL LAW.
17236.01004\42924822.2
Exhibit C-4
EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY - TRACT 7244 PHASE 3
As evidence of understanding the provisions contained in this Agreement, and of the Developer’s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: ONE MILLION FIVE HUNDRED AND TWENTY EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,528,300.00******) Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: ONE MILLION FIVE HUNDRED
AND TWENTY EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,528,300.00******)
Surety:
Attorney-in-fact:
Address:
MONUMENT SECURITY (CASH OR BOND): THIRTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($13,500.00******)
17236.01004\42924822.2
Exhibit C-5
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITY OF SHAFTER
TRACT 7244 PHASE 3 IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Shafter, California (“City”) and LENNAR HOMES OF CALIFORNIA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for TRACT 7244 PHASE 3 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated _______________________, ________ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and _________________________________________ (“Surety”), a corporation organized and existing under the laws of the State of ___________________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of ONE MILLION FIVE HUNDRED AND TWENTY EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,528,300.00******), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
17236.01004\42924822.2
Exhibit C-6
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.
Principal Surety
By: By:
President Attorney-in-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL
AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL
REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND.
17236.01004\42924822.2
Exhibit C-7
BOND NO.
INITIAL PREMIUM:
SUBJECT TO RENEWAL
CITY OF SHAFTER
TRACT 7244 PHASE 3 IMPROVEMENTS
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Shafter, California (“City”) and LENNAR HOMES OF CALIFORNIA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (AS SUCCESSOR-IN-INTEREST BY CONVERSION TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION) (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for TRACT 7244 PHASE 3 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated _______________________, ________ (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of ONE MILLION FIVE HUNDRED AND TWENTY EIGHT THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,528,300.00******) said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or
17236.01004\42924822.2
Exhibit C-8
other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
17236.01004\42924822.2
Exhibit C-9
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.
Principal Surety
By: By:
President Attorney-in-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL
AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL
REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND.
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Michael James, Public Works Director
SUBJECT: CORE CITY BIKE LANE IMPROVEMENTS ENGINEERING
SERVICES - CAPITAL IMPROVEMENT PROJECT #ST00043
PROPOSAL AWARD
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; approve a proposal submitted by Ardurra to provide design and engineering services for Core City Bike Lane Improvements valued at $98,284; and authorize the Public Works Director to award a professional services agreement to Ardurra for said amount.
BACKGROUND
State of California Assembly Bill 617 (AB 617) requires the California Air Resources Board (CARB) and air districts to develop and implement emissions reporting, monitoring, reduction plans, and measures to reduce air pollution exposure in disadvantaged communities. In 2018, South Central Fresno and the City of Shafter were the first Valley communities selected by CARB for the investment of additional resources under AB 617. Since then, the Shafter Community Steering Committee (CSC) has been responsible for advising the San Joaquin Valley Air Pollution Control District (District) on its development of the Community Air Monitoring Plan and Community Emission Reduction Program. City leaders and staff have been very active and engaged in supporting the work of the CSC.
Among the initiatives prioritized by the CSC for AB 617 funds is safer and more reliable bike lane connectivity within the Core City. Public Works Staff identified routes for bike lane additions and enhancements, which were presented and discussed at a public meeting and workshop hosted by the District and CSC. These routes would provide bike connections among residential neighborhoods, schools, parks, and local businesses. In some cases, these bike lanes can be painted on existing roadways, but the conditions of other roads require pavement resurfacing to ensure the bike lanes are visible and effective. The District's Governing Board authorized issuing a funding agreement to the City to complete all the proposed work for a cost of $1,275,000. At its October 1, 2024 meeting, the Council approved the funding agreement and authorized a budget amendment for project expenditures and grant reimbursement.
Public Works Staff recently requested a proposal from Ardurra, a national company with a Bakersfield-based office offering a strong traffic engineering background, to complete
CORE CITY BIKE LANE IMPROVEMENTS ENGINEERING SERVICES - CAPITAL IMPROVEMENT PROJECT #ST00043 PROPOSAL AWARD
- 2 -
bike lane improvement plans for construction. Their proposed cost for the required scope of work would not exceed $98,284.
FISCAL IMPACT
The Council previously authorized a Capital Improvement Program budget amendment to cover up to $1,275,000 in project expenditures and full reimbursement by the District grant (CIP Project #ST00043). These funds can fully cover the proposed professional services without budget action required by the Council.
CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) of the CEQA Guidelines because the project is the replacement of 29 street light poles and 16 light head assemblies located at the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Proposal Submitted by Ardurra
9100 Ming Avenue, Suite 202 | Bakersfield, CA 93311 | 949.368.4157 | www.ardurra.com
March 27, 2025
Michael James
Public Works Director
City of Shafter
720 Commerce Way
Shafter, CA 93263
SUBJECT: PROPOSAL TO PROVIDE TRAFFIC ENGINEERING DESIGN SERVICES –
LERDO HIGHWAY AND ADJACENT AVENUES BIKE PATH PROJECT
Dear Mr. James,
As requested, Ardurra is pleased to present this letter proposal to the City of Shafter to provide Traffic Engineering Design Services for the Lerdo Highway and Adjacent Avenues Bike Project. It is our understanding that the City has received AB 617 funds through the San Joaquin Valley Unified Air Pollution Control District for the design and construction of approximately five miles of new bike lanes along Lerdo Highway and its adjacent local avenues in the City of Shafter. The proposed bike lanes will connect local schools, parks, transit centers, and downtown businesses.
Our team of traffic engineering experts have years of experience designing and implementing bike lanes throughout the State of California. We understand that City intends to award the construction contract this summer and our team is prepared to expedite these design services for timely construction bidding and award.
ASSUMPTIONS
The scope is based on the provided information and following assumptions:
• Scope includes the design of bike lane improvements on the streets identified on the attached map provided by the City of Shafter on March 10, 2025, which follow:
Lerdo Highway between Schnaidt Street and Beech Avenue Shafter Avenue between Los Angeles Avenue and Tulare Avenue E Tulare Avenue between Shafter Avenue and Mannel Avenue Walker Street between Tulare Avenue and Mannel Avenue Mannel Avenue between Tulare Avenue and Walker Street Schnaidt Street between Lerdo Highway and Los Angeles Avenue Los Angeles Avenue between Schnaidt Street and Shafter Avenue • Scope includes the preparation of signing and striping plans, details, specifications, and construction cost quantities for the streets identified above and on the attached map.
Michael James
City of Shafter
March 27, 2025
9100 Ming Avenue, Suite 202 | Bakersfield, CA 93311 | 949.368.4157 | www.ardurra.com • The overlay section for North Shafter Avenue is assumed to be a grind and replacement of up to three inches for the top lift. The pavement overlay details from the 2005 Shafter Avenue Improvements provided by the City on March 10, 2025, is assumed to be sufficient for the pavement overlay section and detail for inclusion in the plan set.
• The design CAD basemap will be developed using scaled aerial imagery and field measurements. • Scope assumes that other agencies’ ROW such as SR-43 and BNSF Railroad will either be avoided, or the City will obtain all applicable approvals and permits as needed from Caltrans or BNSF Railroad. • Scope assumes that the City will be responsible for CEQA.
SCOPE OF WORK
The following outline details how our team will approach this project in a timely manner:
• Design Kick-Off Meeting, Field Investigations, and Base Map Our team will schedule a design kick-off meeting with the City to review the project scope, expectations, and delivery schedule. At this meeting, we will request any “as-built” plans, relevant studies/plans, and any city-specific plan notes and specifications, etc. In addition, we will discuss options for street crosssection design/striping concepts for each road segment to obtain City input into design options.
Our team will conduct a field review and investigation of all segments of the project which will include an inventory of existing signage and striping, curb-to-curb measurements, and existing lane width measurements. The CAD basemaps will be prepared for the streets in the project limits. Once the Notice to Proceed is issued, our team anticipates completing the existing basemaps within 2 weeks. • 60% Preliminary Design Submittal
After completing the existing basemap of the project, our team will immediately begin developing the 60% design plans in order to submit these plans to the City within the first 4 weeks of receiving the Notice to Proceed. At the beginning of the 60% design, we will discuss recommendations for proposed lane configurations and associated striping plans for each roadway segment with City staff. 60% Deliverables
60% Signing & Striping Plans (24” x 36” PDF) at 1” = 40’ scale, showing the pavement limits, curb to curb dimensions, and existing and proposed pavement markings and signage.
Engineer’s Opinion of Probable Construction Costs
• City Review
We understand that City review times will vary. For schedule estimating purposes, we are assuming that the City will provide comments within 2 weeks of submitting the 60% design plans.
Michael James
City of Shafter
March 27, 2025
9100 Ming Avenue, Suite 202 | Bakersfield, CA 93311 | 949.368.4157 | www.ardurra.com • 90% Design Plan, Cost Estimate, and Technical Specifications Submittal Immediately upon receiving City comments on the 60% design submittal, our team will address all comments and submit 90% Plans and Technical Specifications within 2 weeks. 90% Deliverables
90% Signing & Striping Plans (24” x 36” PDF) at 1” = 40’ scale and details, detailed responses to all City comments, Technical Specifications (8.5” x 11” PDF or Hardcopies), and Construction Cost Quantities will be submitted for City review. Traffic Signal Assessment for Bike Project
At the 90% milestone, our team will review the existing signalized intersection at Lerdo Highway and Shafter Avenue to identify and recommend any traffic signal upgrades needed related to the bicycle project. We will present these findings and recommendations to the City a “memo” format.
• City Review
We understand that City review times will vary. For schedule estimating purposes, we are assuming that the City will provide comments within 1 week of the 90% design plans submittal. • 100% Design Submittal
Immediately upon receiving any 90% comments to the Plans, Cost Estimate, and Technical Specifications, our team will finalize the design documents and submit signed & sealed Plans & Specifications within 1 week.
100% Deliverables
Signed and stamped Signing & Striping Plans (24” x 36” PDF) at 1” = 40’ scale and details, detailed responses to all 90% City comments, and signed and stamped Technical Specifications (8.5” x 11” PDF), and Construction Cost Quantities will be submitted at this stage for City acceptance and bidding purposes. All AutoCAD design files will also be submitted to the City upon design acceptance.
• City Acceptance of Construction Plans and Technical Specifications For schedule estimating purposes, we are assuming that the City would sign and accept the design documents within 1 week of 100% submittal.
• Quality Control & Quality Assurance (QA/QC)
Concurrently, an independent check of the plans, calculations, specifications, and quantities will be performed as part of Ardurra’s QA/QC program. Our three-part plan includes 1) review of the design criteria by a member of the senior staff who checks for clarity and the appropriateness of the criteria; 2) review of the preliminary plans for clarity and adherence to design criteria, and 3) review of final plans, specifications, and estimates for clarity, coordination, and to guard against ambiguities and conflicts. The review will check for plan accuracy and completeness as well as constructability.
Michael James
City of Shafter
March 27, 2025
9100 Ming Avenue, Suite 202 | Bakersfield, CA 93311 | 949.368.4157 | www.ardurra.com
EXCLUSIONS
The following items are excluded from the above scope and fee but may be added later at the City’s discretion, and for an additional fee:
• Public outreach
• Permit coordination with other agencies
• Topographic survey
• Environmental clearances and documents
• Grading design
• Landscape and irrigation design
• Design of sidewalks, curb ramps, etc.
• Traffic signal modification design
• Traffic control plans
• Bidding and/or construction support services
DRAFT SCHEDULE
Based on the proposed scope of work and assumptions, we are estimating that the design documents would be ready for construction bidding within 10 weeks of the issued Notice to Proceed for this work.
The anticipated schedule follows:
• Design Kick-Off Meeting, Field Investigations, and Base Map O Within 2 weeks from NTP
• 60% Preliminary Design Submittal
o Within 4 weeks from NTP
• City Review
o Assumes 2 weeks
• 90% Design Submittal
o Within 2 weeks from receipt of City comments
• City Review
o Assumes 1 week
• 100% Design Submittal
o Within 1 week from receipt of City comments
• City Acceptance of Construction Plans and Technical Specifications
FEE PROPOSAL
Our fee to perform these design services will be billed on a time-and-materials basis, not to exceed $98,284.
Michael James
City of Shafter
March 27, 2025
9100 Ming Avenue, Suite 202 | Bakersfield, CA 93311 | 949.368.4157 | www.ardurra.com
TERMS
Terms are subject to Ardurra’s review and acceptance of City of Shafter’s Professional Service Agreement (PSA) and Purchase Order (PO) terms. We will expedite review, comment / revision, acceptance and/or execution as soon as the PSA or PO is transmitted to Ardurra by the City.
Jennifer Rosales will serve as the Project Manager and will be the City’s main contact for these design services and Seth Jenison will serve as the Lead Design Engineer. Our resumes are attached to this proposal. Please do not hesitate to contact me directly at 949.216.6833 or [email protected] should you have any questions or need additional information. Thank you for the opportunity to assist the City of Shafter.
Sincerely,
Jennifer Rosales, PE, PTOE Dolores Salgado, PE
Traffic & Transportation Group Leader Client Services Manager/Project Director
JENNIFER ROSALES, PE, PTOE
TRAFFIC AND TRANSPORTATION GROUP LEADER
1 QUALIFICATIONS
Jennifer has 30 years of experience in traffic engineering, multi-modal transportation planning and engineering, and project management. She is recognized internationally as an industry leader in innovative street design and contextually complete streets. Jennifer is active speaking and publishing internationally with over 25 publications. Jennifer developed an award-winning, comprehensive practitioner’s guidebook called Road Diet Handbook: Setting Trends for Livable Streets in 2004. For her work on the Road Diet Handbook, Jennifer Rosales was named to the "2007 Trendsetters List" of Public Works magazine. Jennifer is a Fellow of the Institute of Transportation Engineers (ITE) and served as ITE Western District International Director, ITE Western District President, Oregon Section President, and past Chair of ITE’s Standing Committee on Ethics. Ms. Rosales received the 2007 Past Presidents’ Award for Merit in Transportation Engineering from the Institute of Transportation Engineers.
Jennifer is specialized in developing multimodal transportation design solutions that improve traffic flow, transit accessibility, and enhance safety for all modes including walking, cycling, and transit to enrich quality of life and advance economic prosperity. Jennifer has extensive public involvement experience facilitating high level public workshops and open houses for transportation projects, presenting plans and studies to city councils, and giving technical presentations and training.
Jennifer is an experienced project manager with a successful record of delivering capital improvement projects on schedule and within budget. She has worked on complex transportation engineering and planning projects throughout the United States and United Arab Emirates. Jennifer is experienced in preparing scopes of work, requests for proposals, consultant selection, contract negotiation, work schedules, budgets, and quality assurance plans. Jennifer has reviewed expenditures for cost control, updated cost to completes, and implemented project implementation plans. Her experience includes leading multi-disciplinary teams on complex transportation planning, engineering and construction projects including coordinating and overseeing the work of consultants and contractors.
RELEVENT EXPERIENCE
Transportation Services Manager/City Traffic Engineer, City of Costa Mesa (Costa Mesa, CA)* – Jennifer managed the City’s Transportation Division which includes capital improvement projects, traffic operations, transportation planning, and active transportation. Jennifer oversaw her Division’s capital improvement projects including the planning, design and construction of roadway safety improvement and median installation projects, intersection improvements, roadway widening projects, active transportation projects, traffic calming projects, complete streets projects, traffic signal synchronization projects, and traffic signal modifications and installations. Jenifer initiated and directed traffic engineering studies including the analysis, findings, and recommendations for traffic improvements. Sher oversaw transportation engineering studies related to safety, traffic calming, parking, and other transportation studies. Under Jennifer’s leadership, her team delivered award winning projects on schedule and within budget including:
• Outstanding Bikeways and Trails Project for the Placentia Avenue and West 19th Street Active Transportation Improvements from Orange County (OC) Chapter of American Society of Civil Engineers (ASCE) in 2024,
• Outstanding Community Improvement Project for the Wilson Park HAWK Signal and Lions Park HAWK Signal Projects from OC Chapter of ASCE in 2024,
• Parking Program of the Year from the California Mobility and Parking Association in 2023, • Outstanding Roadway and Highway Project Award for Randolph Avenue Parking and Circulation Improvements from OC Chapter of ASCE and from ASCE, Los Angeles section in 2023, and • Most Outstanding Transportation Project for Merrimac Way Active Transportation Improvements Project from OC Chapter of ASCE in 2022.
PROFESSIONAL
REGISTRATION
Registered Professional
Engineer in Traffic Engineering
California No. TR 2761
Registered Professional
Engineer in Civil Engineering
Nevada No. 033197
Registered Professional
Engineer in Civil Engineering
Arizona No. 82518
Registered Professional
Engineer in Civil Engineering
Oregon No. 53031PE
Professional Traffic Operations
Engineer No. 3737
CERTIFICATIONS
FEMA Emergency
Management Institute, IS00700.b, National Incident
Management System
Certificate
EDUCATION
Bachelor of Science in Civil
Engineering, Oregon State
University, 1995
AFFILIATIONS
Institute of Transportation
Engineers (ITE): Fellow
Member
SOFTWARE
Synchro
ARDURRA HIRE
2024
JENNIFER ROSALES, PE, PTOE
TRAFFIC AND TRANSPORTATION GROUP LEADER
2 Program/Project Management*
While at the City of Costa Mesa and the City of San Clemente, Jennifer managed and delivered the following projects and programs on schedule and budget:
Reviews of Signing and Striping Improvement Plans for several streets, City of Costa Mesa Signing and striping plans for improved and new bicycle facilities on multiple streets, City of San Clemente Merrimac Way Active Transportation Project, City of Costa Mesa Randolph Avenue Circulation and Parking Improvements, City of Costa Mesa Camino Del Rio Improvements Project including roundabouts, lane reduction and buffered bicycle lanes, City of San Clemente North Beach Traffic Calming Project including curb extensions, landscaping, and reverse angle parking, City of San Clemente Concordia Safe Routes to School Project, City of San Clemente Local Road Safety Plan (HSIP funded), City of Costa Mesa Harbor Boulevard Safety Improvements/Medians Project (HSIP), City of Costa Mesa Fairview Road Safety Improvements (HSIP funded), City of Costa Mesa Complete Streets Safety Assessment, Berkeley SafeTREC, City of Costa Mesa Neighborhood Traffic Calming Program and Projects, City of Costa Mesa Active Transportation Plan, City of Costa Mesa
Pedestrian Master Plan, City of Costa Mesa
I-405 Widening Project – City staff liaison/main point of contact with OC405 team, City of Costa Mesa Engineering and Traffic Study for Speed Limits and Revised Speed Limits, City of Costa Mesa Baker, Placentia, Victoria, and West 19th Traffic Signal Synchronization Project, City of Costa Mesa Fairview Road Traffic Signal Synchronization Project, City of Costa Mesa Bear Street Traffic Signal Synchronization Project, City of Costa Mesa Avenida Vista Hermosa Traffic Signal Synchronization Project, City of San Clemente Camino De Los Mares Traffic Signal Synchronization Project, City of San Clemente Left Turn Signal Head Modifications – Flashing Yellow Arrow Installations, City of San Clemente Engineering and Traffic Study for Speed Limits and Revised Speed Limits, City of San Clemente Residential Permit Parking Program Study and Revised Program Adoption and Implementation, City of Costa Mesa Traffic Impact Fee Study and Annual Review, City of Costa Mesa OCTA Measure M2 Eligibility Requirements and Submittals, City of Costa Mesa School Crossing Guards Program, City of Costa Mesa
Bus Shelter Maintenance and Advertising Franchise Agreement, City of Costa Mesa School Crossing Guards Program, City of San Clemente
Season Trolley Implementation and Annual Program (OCTA Project V grant), City of San Clemente Traffic Calming Program and Projects, City of San Clemente Years Completed: 2014-2024 | * Work performed prior to Ardurra Senior Engineer, City of San Clemente (San Clemente, CA)* – Jennifer managed the City’s transportation engineering studies, traffic engineering design, traffic signal system, transportation programs, and assigned complex multi-modal transportation/civil engineering design and construction projects.
Senior Program Officer, Transportation Research Board (TRB) of the National Academies (Washington, DC)* – Jennifer was responsible for the management of the public transportation technical standing committees activities including transit management and performance, transit capacity and level of service, emerging and innovative public transport and technologies, public transportation planning and development, public transportation marketing and fare policy, major activity circulation systems, intermodal transfer facilities, bus transit systems, rural public and intercity bus transportation, paratransit, rail transit systems, commuter rail transportation, and light rail transit.
SETH JENISON, PE, TE, PTOE
TRAFFIC ENGINEER
1 QUALIFICATIONS
Seth has diverse experience in both the private and public sectors. As a design engineer for consulting firms, Seth has prepared Signing & Striping, Traffic Signal, Traffic Control, and Roadway Improvement Plans. Working as a City employee, Seth reviewed various improvement plans, prepared multiple trafficrelated grant applications, and managed multiple large scale traffic related construction projects.
Seth also developed the course materials for a 12-hour seminar on California Roadway Geometric Design and taught the course twice: Once in a virtual setting and once in person. The seminar was accredited and worth 12.0 PDH’s for professional engineers and landscape architects who attended.
PROJECT EXPERIENCE
TRAFFIC ENGINEERING DESIGN
Seth’s experience includes a wide range of design projects listed below:
• Signing & Striping Plans utilizing complete streets design concepts. • Project Specifications and Construction Estimates.
• Traffic Signal Plans.
• Street Improvement Plans including complete streets design; roadway widening; ADA compliant designs for ramps, sidewalks, driveways, and pedestrian signals; roundabout design; and freeway interchange design.
• Temporary Traffic Control Plans for safe work zones during construction. • Municipal work orders for immediate installation.
Some of Seth’s recent projects involving bike lanes include the following:
• City of Lancaster Roadway Reallocation – While working for the City of Lancaster, CA, Seth reviewed multiple signing and striping plans along 4 main arterial corridors through the City where bike lanes were being added.
• Avenue R Complete Streets and Safe Routes to Schools – While working for the City of Palmdale, CA, Seth served as the project manager for a high profile SRTS project along one of the City’s main corridors. Seth oversaw the design phase and a portion of the construction phase while managing this project.
• City of Hanford Downtown Enhancements - Seth prepared conceptual layouts for roadway improvements intended to create walkable downtown streets with low vehicle speeds. Proposed improvements included new bike lanes; angled on-street parking; a compact, single-lane roundabout; curb extensions; and a curbless street layout. • City of Vallejo Lake Dalwigk Improvements - Seth designed various traffic calming roadway improvements, including signing & striping design, along the corridors adjacent to Lake Dalwigk in the City of Vallejo. Design elements included on-site shared use path for bikes and pedestrians; high visibility signage and pavement markings; enhanced pedestrian crossings with new ADA ramps and “daylighting” elements; speed cushions; and intersection conversion from two-way stop control to local traffic circle.
TRAFFIC ENGINEERING REVIEW
Seth has provided professional review of various Traffic Engineering submittals as a city employee as well as a consulting Traffic Engineer. He is well versed in state and federal standards and guidance such as Caltrans Standard Plans & Specifications, CAMUTCD, FHWA guidance, AASHTO, HCM, HDM, HSM, NCHRP publications, NACTO, and more. His experience includes review of signing & striping plans, traffic signal plans, street improvement plans, temporary traffic control plans, traffic impact analyses (TIA), and other transportation related studies.
PROFESSIONAL
REGISTRATION
Registered Professional Civil
Engineer
California No. 89064
Registered Professional Traffic
Engineer
California No. 2980
EDUCATION
California State University,
Long Beach, BS Civil
Engineering, 2013
CERTIFICATIONS
Professional Traffic Operations
Engineer (PTOE) No. 5090
SOFTWARE
AutoCAD Civil 3D
AutoCAD Vehicle Tracking
YEAR ENTERED PROFESSION
2015
ARDURRA HIRE
2024
SETH JENISON, PE, TE, PTOE
TRAFFIC ENGINEER
2 TRANSPORTATION GRANT WRITING
Seth has been involved in transportation related grant applications for the Cities of Lancaster, Oxnard, South Gate, and Hanford, as well as the County of Stanislaus. As part of many of these applications, Seth developed preliminary design layouts for bike lanes, pedestrian facilities, and other safety enhancements, as well as, their associated cost estimates. These efforts have led to about $9.9 Million in grant awards.
PROJECT MANAGEMENT
Seth has had the opportunity to manage a variety of public works projects from multimillion-dollar freeway interchange projects to minor landscaping projects. A few of the higher-profile projects that Seth has managed are highlighted below:
10th Street West Widening and SR-14 Interchange Improvements, City of Palmdale, CA – Complex roadway widening project along one of the heaviest travelled arterials in the City of Palmdale. A portion of this project was in Caltrans’ right-ofway and required robust collaboration efforts. The roadway was to be widened to add a vehicular lane in each direction due to the increased traffic demand in the area. The interchange improvements were also meant to increase capacity. *Work performed prior to Ardurra
Palmdale Blvd Widening and SR-14 Interchange Improvements, City of Palmdale, CA – Another complex roadway widening project with a large portion of the project in Caltrans’ right-of-way. Extensive coordination between utility companies, Caltrans, the City, and other stakeholders was key to this project’s success. *Work performed prior to Ardurra Avenue R Complete Streets and Safe Routes to Schools, City of Palmdale, CA – This project was federally funded through the Active Transportation Program (ATP). It widened the road, filled in gaps in the sidewalk, and provided safe pedestrian routes along this arterial corridor. Seth completed Caltrans’ Resident Engineer’s (RE) training as part of this project to ensure that the project complied with all federal requirements. *Work performed prior to Ardurra
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Michael James, Public Works Director
SUBJECT: ANIMAL CONTROL FACILITY PARKING LOT IMPROVEMENTS - PHASE 1 (CIP PROJECT #PD00003) AWARD
RECOMMENDATION
Council find the requested action is exempt from the California Environmental Quality Act; accept three (3) cost proposals submitted for constructing a new concrete drive approach for the Animal Control Facility rear parking lot access; approve one (1) cost proposal submitted by Bowman Asphalt in the amount of $32,225; and authorize the Public Works Director to award said drive approach work to Bowman Asphalt in amount not to exceed $37,000.
BACKGROUND
At its August 20, 2024 meeting, the Council authorized a General Fund budget appropriation of $125,000 to fund parking lot repairs and improvements at the City Animal Control Facility. The objective of the project has been to repair damaged pavement used by employees, vendors, and the public throughout the facility, plus expand paved parking for the public in the front lot. Additionally, new landscaping has been factored into the improvement plan developed by Public Works Staff. Since this action, the scope of work has been broken into phases, with the most pressing work prioritized for this fiscal year to preserve capital improvement funding for other highpriority facilities and projects.
The first phase of the improvements consists mainly of reconstructing the pavement at the access gate to the rear lot used by City employees and vendors, specifically replacing the asphalt surface with reinforced concrete to better withstand vehicle loading, including heavy-duty trucks. Public Works Staff conducted informal bidding for this construction and received three (3) cost proposals, summarized as follows:
Proposal
No.
Contractor Proposed
Cost
1 Bowman
Asphalt, Inc.
$32,225.00
2 Cen-Cal
Construction
$38,930.00
ANIMAL CONTROL FACILITY PARKING LOT IMPROVEMENTS - PHASE 1 (CIP PROJECT #PD00003) AWARD
- 2 -
3 Burtch
Construction
$42,722.08
Bowman Asphalt submitted the lowest responsive cost proposal and has completed similar projects for the City. An appropriate budget to cover their costs plus 15% in contingencies is $37,000.
FISCAL IMPACT
The Council previously authorized a General Fund budget appropriation of $125,000. which is sufficient to cover the proposed cost of the project's first phase (Capital Improvement Project #PD00003). No budget action is required.
CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) and Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the CEQA Guidelines because the project is the repair of existing damaged pavement located at the same site as the pavement replaced and will have substantially the same purpose and capacity as the pavement replaced as well as new construction to expand paved parking for the public in the existing front lot and install new landscaping associated with these parking areas.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Proposal Submitted by Bowman Asphalt
2. Proposal Submitted by Cen-Cal Construction
3. Proposal Submitted by Burtch Construction
To: CITY OF SHAFTER Contact:
Project Name: Shafter Animal Control Parking Lot Phase 1 Bid Number: 8217 SHAFTER, CA 93263 USA Fax: 661-746-9125
Address: 336 PACIFIC AVENUE Phone: 661-746-5002
Project Location: Shafter Ave, Shafter, CA Bid Date: 3/27/2025 Item # Estimated Quantity Item Description Unit Unit Price Total Price 1 Reconstruction Of Driveway At The Shafter Animal 1.00 LS $32,225.00 $32,225.00 Control Site
- Per City Of Shafter Animal Control Parking Lot
Improvement Phase 1 Plans Sheet 1 Of 1 (Dated
3/17/2025)
Total Bid Price: $32,225.00
Notes:
• Excluding any work other than described above.
• No import/export of native material.
• This proposal is good for Thirty (30) days.
• Permits, Testing, Staking and Surveying not included. • Cannot guarantee proper drainage with 1.5% or less in grade fall. • Water and Water Source, in close proximity to work area, supplied by others. • Above Proposal Assumes that Mutually Agreeable Commercial Legal Terms and Conditions Will Be Reached • DIR Registration Number 1000003010
• Proposal is based on one (1) Mobilization. Extra mobilizations will result in additional charges Payment Terms:
This proposal is to be paid in 30 days from invoice date. Subject to a service charge of 1.5% per month. Interest rate per annum is 18%.
Should Bowman Asphalt be required to commence any legal action to recover losses under this agreement or required to employ an attorney for the enforcement of any of its rights herein, customer agrees to pay for reasonable fees and costs incurred thereby.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Bowman Asphalt, Inc.
Authorized Signature:
Estimator: Clifford Boren
[email protected]
3/28/2025 1:22:04 PM Page 1 of 1
To: City of Shafter Contact:
Project Name: SHAFTER ANIMAL CONTROL PARKING LOT PHASE 1 Bid Number:
Shafter, CA 93263 Fax:
Address: 336 Pacific Ave Phone: (661) 746-5002
Project Location: 18849 SHAFTER AVE, SHAFTER, CA Bid Date: 3/28/2025 Addendum #: N/A
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION # 1000001026 EXPIRATION 6-30-2025
WE ARE SIGNATORY TO THE FOLLOWING UNIONS
OPERATING ENGINEERS LOCAL 12
SO CAL LABORERS LOCAL 220
NOR CAL LABORERS LOCAL 1130
SO CAL CEMENT MASONS LOCAL 600
NOR CAL CEMENT MASONS LOCALS 300 & 400
CEN-CAL Construction carries $1,000,000.00 GL Per Project - $2,000,000.00 GL Aggregate - $5,000,000.00 Umbrella - $1,000,000.00 Commercial Auto Policy - $1,000,000.00 Workers Comp.
Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 CONSTRUCT 12" REINFORCED CONCRETE DRIVEWAY 1.00 LS $38,930.00 $38,930.00
W/ASPHALT TIE-IN'S
Total Bid Price: $38,930.00
Notes:
• The above prices do not include Performance and Payment Bonds. Add 2% if bonds are required. • The above prices do not include Permits or Permit Fees. • Quote excludes pedestrian and vehicular traffic control including traffic plates and deliniation for contract work, extra work, Change Order work, Punchlist work & Warranty repair work. General Contractor to cover all associated Traffic Control @ no expense to CEN-CAL.
• The above prices do not include compaction testing firm or fees. • The above prices do not include survey firm or fees.
• The above prices do not include Construction Water source or fees. • (1) Crew Mobilization included. Additional Mobilizations will be $1500.00 EACH • All listed items of work must be awarded. (please contact CEN-CAL's Estimator to request removing portions of our scope of work prior to bid time) • Quote Based on Performing All Work in (8) Regular DAYTIME Hours Monday thru Friday. OT or DT not caused by CEN-CAL will be billed seperately @ Current Rates plus 20% markup
• Quote excludes night, weekend & special shift work. If any of these will be required please request a revised quote from CEN-CAL prior to bid time. • Quote excludes colored and/or decorative finish concrete. • Quote excludes buy & install of aggregate base, vapor barrier & sand under all concrete items. • CEN-CAL Construction carries the insurance coverages & limits shown @ the top of this proposal. If additional coverages or limits will be required the costs of those increases are to be paid by the General Contractor within 10 days of the policy increase date. No costs are to be paid by CEN-CAL Construction.
• Quote is based strictly on items listed and no other work is included. If you require any items of work not listed please request a new proposal.
• Quote excludes Quality Assurance & Quality Control and submissions of plans. GC to provide if required @ no cost to CEN-CAL. • Quoted prices are valid thru 6-30-25. If project extends beyond this date CEN-CAL will require a Change Order for labor and material price increases.
Payment Terms:
Payment due within 5 days after payment is made by Owner. 3/20/2025 11:29:54 AM Page 1 of 2
ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
CEN-CAL Construction
Authorized Signature:
Estimator: Jason Plank
(661) 706-3899 [email protected]
3/20/2025 11:29:54 AM Page 2 of 2
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: SHAFTER AVENUE PEDESTRIAN IMPROVEMENT PROJECT
FORMAL BIDDING AUTHORIZATION
RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; approve the project plans and specifications and authorize the solicitation of formal bids for construction of the Shafter Avenue Pedestrian Improvement Project.
BACKGROUND
The City was previously awarded $157,500 in Transportation Development Act (TDA) Article 3 funding to complete pedestrian improvements along Shafter Avenue, between Lerdo Highway and James Street. The scope of the project includes the reconstruction of curb ramps, drive approaches, cross gutters, and sidewalks, all aimed at enhancing pedestrian safety, accessibility, and overall infrastructure compliance.
City Staff has completed the design plans for the project. Given the estimated total project cost of approximately $250,000, Staff is requesting approval of the final plans and specifications and authorization to proceed with the formal bidding process.
FISCAL IMPACT
There is no fiscal impact associated with the requested action at this time. The current request is limited to authorizing the solicitation of bids. Any necessary budget actions, including the appropriation of funds or award of a contract, will be brought forward for Council consideration at a later date when a construction contract is recommended for award.
CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (Class 2 – Replacement or Reconstruction) of the CEQA Guidelines because the project is the reconstruction of curb ramps, drive approaches, cross gutters, and sidewalks, all aimed at enhancing pedestrian safety, accessibility, and overall infrastructure compliance and will have substantially the same purpose and capacity as the structures reconstructed.
APPROVED BY THE CITY ATTORNEY
Not Applicable
SHAFTER AVENUE PEDESTRIAN IMPROVEMENT PROJECT FORMAL BIDDING
AUTHORIZATION
- 2 -
ATTACHMENTS
1. ST43 - Shafter Avenue Pedestrian Improvement Project
ST43 - SHAFTER AVENUE PEDESTRIAN
COVER SHEET
IMPROVEMENT PROJECT SHEET 01OF
3 FOR AUTHORIZATION TO BID
ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263 P/ANS FOR THE CONSTRUCTION OF THE ST43 - SHAFTER AVENUE PEDESTRIAN IMPROVEMENT PROJECT KEY MAP - NO SCALE NTS STATE HWY 43 LERDO HWY TULARE AVE LOS ANGELES AVE
CENTRAL AVE GENERAL NOTES: 1. THESE PLANS ARE TO BE USED IN CONJUNCTION WITH THE CORRESPONDING CITY OF SHAFTER SPECIFICATIONS AT THE DATE OF BID. 2. IT IS THE INTENTION THAT THE PLANS, SPECIFICATIONS, AND BIDDING DOCUMENTS COINCIDE AND AGREE IN ALL PARTICULARS. IF ANY MATTER OR THING BE SHOWN IN ONE AND NOT IN THE OTHER IT SHALL BE OF THE SAME FORCE AND AFFECT AS IF INCORPORATED IN BOTH; AND ALL THINGS MUST BE DONE BY THE CONTRACTOR WHICH MAY BE SHOWN IN EITHER. 3. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER, ENGINEER, AND THE CITY OF SHAFTER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING THE LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER/ENGINEER/CITY OF SHAFTER. 4. ALL EXISTING PUBLIC & PRIVATE IMPROVEMENTS AND UTILITIES, (STREET, PAVING, CURB, GUTTER, SIDEWALK, CROSS GUTTER, FENCING, IRRIGATION STRUCTURES, CANALS, PRIVATE ROADS, PIPELINES, SWALES, ETC.) THAT ARE REMOVED, DAMAGED OR UNDERCUT SHALL BE REPAIRED OR REPLACED AS DIRECTED BY THE CITY ENGINEER. ALL EXISTING PAVING AND SURFACING REMOVED, DAMAGED OR UNDERCUT SHALL BE REPLACED IN ACCORDANCE PER THE CITY ENGINEER. IRRIGATION STRUCTURES SHALL BE RETURNED TO A FULLY OPERATIONAL CONDITION BY THE END OF THE DAY FOR EACH DAY OF WORK. 5. PRIOR TO THE START OF ANY PROJECT OF CONSTRUCTION THE CITY OF SHAFTER SHALL BE GIVEN 24 HOURS NOTICE (PHONE: (661) 746-500 4). 24 HOUR NOTICE REQUIRED FOR TESTING AND INSPECTION. 6. THE UTILITY LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND FOR INFORMATION PURPOSES ONLY. UNDERGROUND SERVICE ALERT (USA) SHALL BE NOTIFIED AT LEAST 2 WORKING DAYS BEFORE CONSTRUCTION IN ANY GIVEN AREA. TELEPHONE (800) 642-2444. 7. UNDERGROUND FACILITIES KNOWN TO EXIST ARE SHOWN ON THE PLANS BASED ON AVAILABLE RECORDS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION, LOCATION, PROTECTION, AND REPAIR (IF DAMAGED DURING CONSTRUCTION) OF SAID FACILITIES. SHOULD UNDERGROUND FACILITIES BE ENCOUNTERED WHICH ARE NOT SHOWN ON THE PLANS OR DEVIATE FROM THE LOCATION SHOWN, THE CONTRACTOR SHALL PROMPTLY NOTIFY THE OWNER OF THAT FACILITY (IF APPROPRIATE) AND THE ENGINEER FOR POSSIBLE DESIGN CHANGES. 8. CITY STANDARDS:CITY SUBDIVISION ENGINEERING AND DESIGN STANDARDS ARE AVAILABLE ONLINE AT WWW.SHAFTER.COM OR FROM THE CITY ENGINEERING OFFICE. BIDDERS / CONTRACTORS ATTENTION IS DIRECTED TO THE GENERAL CONDITIONS, SPECIAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR THIS PROJECT. LIST OF SHEETS
SHAFTER AVE FRESNO AVE
SCHNAIDT ST
MANNEL AVE SITE OF WORK
12365 SD
:
M
748
PRELIMINARY
SD
SD
FOR AUTHORIZATION TO BID
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NORTHEAST CORNER SHAFTER AVE. & SUNSET AVE. SCALE: 1" = 10' 3 6
1 SOUTHEAST CORNER SHAFTER AVE. & SUNSET AVE. SCALE: 1" = 10' WEST SIDE SHAFTER AVE. & SUNSET AVE. SCALE: 1" = 10' NORTHEAST CORNER SHAFTER AVE. & E. MUNZER ST. SCALE: 1" = 10' NORTHEAST CORNER SHAFTER AVE. & CALIFORNIA AVE. SCALE: 1" = 10' SOUTHEAST CORNER SHAFTER AVE. & E. MUNZER ST. SCALE: 1" = 10' NORTHEAST CORNER SHAFTER AVE. & GOLDEN W. AVE. SCALE: 1" = 10' SOUTHEAST CORNER SHAFTER AVE. & CALIFORNIA AVE. SCALE: 1" = 10' NORTHEAST CORNER SHAFTER AVE. & W. LERDO HWY. SCALE: 1" = 10' SOUTHEAST CORNER SHAFTER AVE. & GOLDEN W. AVE. SCALE: 1" = 10' 3 2
2 3
1 2
2 1
3 3
4 6
3 6
1 7
2 1
3 6
2 1
3 6
3 1
7 2
2 2
2 3
3 1
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RAMPS & STRIPING PLAN
,03529E0E17 352-EC7 SHEET 02OF
3 2
2 3
3 1
7 7
3 1
6 ALLEY DRIVE APPROACH 300' SOUTH OF CALIFORNIA AVE. SCALE: 1" = 10' S7A 100 1 SHAFTER AVENUE 0 SCALE: 1"=0' 1 0 0
SEE ABOVE RIGHT
MATCH LINE
STA 13+00
SEE BELOW LEFT
MATCH LINE
STA 13+00
1 S7A 0 100 SHAFTER AVENUE
0 SCALE: 1"=0' 1 0 0
PRELIMINARY
FOR AUTHORIZATION TO BID
ENGINEERING SERVICES DEPARTMENT
Phone (661) 746-5002 Fax (661) 746-9125
336 Pacific Avenue Shafter, CA 93263
ST43 - SHAFTER AVENUE PEDESTRIAN
DETAILS
IMPROVEMENT PROJECT SHEET 03OF 3 PRELIMINARY
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Alex Gonzalez, Deputy Public Works Director SUBJECT: SKATEPARK RESTROOM AND PARKING LOT
DESIGN PROFESSIONAL SERVICES AGREEMENT WITH QK,
INC. AUTHORIZATION
RECOMMENDATION
Council find that the action is exempt from the California Environmental Quality Act; authorize the Deputy Public Works Director to issue a Professional Services Agreement to QK, Inc. for an amount of up to $25,000 for the design of the Skatepark Restroom and Parking Lot Design Project.
BACKGROUND
The City Council previously approved the development of a small parking lot with a turnaround area and a single-stall, all-gender restroom facility to be located north of the existing Skate Park, along with an allocation of $500,000 in project funding. QK, Inc. has been selected to provide the necessary field survey and design services for this project based on their familiarity with the site, having completed the original topographic survey and grading plans for the Skate Park.
As part of their scope, QK will conduct a sewer feasibility study to evaluate connection options to existing sewer infrastructure along Euclid Avenue and Birch Street. This study will include a survey of existing manholes and pipe inverts. The design phase will include preparation of improvement plans for the proposed parking lot, restroom facility, and accessible path of travel, as well as the development of an Opinion of Probable Improvement Cost (OPIC).
FISCAL IMPACT
The total fee for services provided by QK, Inc. is $18,400. Funding for the project was previously approved by the City Council in the amount of $500,000 to support additional improvements in the area. No additional budget action is required at this time.
A recommended project budget of $25,000 is proposed to cover the consultant’s fee and allow for a contingency to address any unforeseen items that may arise during the design phase.
CEQA ANALYSIS
This project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15303 (Class 3 – New Construction or Conversion of Small
SKATEPARK RESTROOM AND PARKING LOT DESIGN PROFESSIONAL SERVICES AGREEMENT WITH QK, INC. AUTHORIZATION
- 2 -
Structures) of the CEQA Guidelines because the project is the design and construction of a small parking lot with a turnaround area and a single-stall, all-gender restroom facility to be located north of the existing Shafter Skatepark. This project is similar in intensity of development to the examples shown in Section 15303 of the CEQA Guidelines.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. QK, Inc. - Cost Proposal
April 24, 2025
Alex Gonzalez, PE
Deputy Public Works Director – Capital Projects
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Subject: Shafter Skate Park Restroom and Parking Lot
Dear Mr. Gonzalez:
Thank you for the opportunity to provide this proposal for the field survey and design services related to the parking lot at the Skate Park in Shafter, California. This proposal contains the following sections: Project Understanding, Approach/Scope of Services, Schedule, Fee Estimate, Exclusions and Assumptions, and Authorization of Services.
PROJECT UNDERSTANDING
Per our discussions, the City of Shafter’s objective is to construct a 10-stall parking lot with turnaround space and install a single-stall, all-gender restroom north of the Skate Park. The closest sewer line is north on Euclid Avenue, but there are concerns that the existing sewer lines do not have enough depth to maintain gravity flow. The Scope of Services will include the topography of the existing sewer manholes in Euclid Avenue and Birch Street, and a sewer study will be conducted to determine the viability of each tie-in location. The parking lot improvement plan will be included as future work once the sewer route has been determined.
APPROACH/SCOPE OF SERVICES
The following Scope of Services has been developed based on our understanding of the project and the objectives stated by the client. The fees associated with the tasks identified in the Scope of Services section described herein are shown in the Fee Estimate of this proposal.
TASK 1.0 SEWER STUDY
Subtask 1.1 Survey Services
Locate existing sewer manholes, including pipe inverts in Euclid Avenue north of the Skate Park site, 1,000 feet +/-.
Locate existing sewer manholes, including pipe inverts in Birch Street southwest of the Skate Park site, 1,400 feet +/-.
Subtask 1.2 Sewer Feasibility Study
QK will perform a sewer study in accordance with the City of Shafter Standards to evaluate the project’s proposed tiein to either the sewer in Euclid Avenue or Birch Street. This study will also include an Opinion of Probable Improvement Cost (OPIC) for the sewer construction.
Deliverables:
• Sewer Feasibility Study in PDF format
• OPIC in PDF format
Alex Gonzalez, PE Page 2 of 3
April 24, 2025
TASK 2.0 IMPROVEMENT PLANS
Subtask 2.1 Survey Services
QK will locate any additional topographical items in the northwest corner of the Skate Park site for the parking lot and restroom design.
Subtask 2.2 Improvement Plan and OPIC
This task includes the civil design for the new parking lot, restroom, and path of travel areas. The Scope of Services includes the generation of improvement plans, which include a demolition plan, a proposed site plan, a grading plan, and a details sheet. The scope also includes an OPIC.
Deliverables:
• Improvement Plans and Specifications in PDF format
• OPIC in PDF format
SCHEDULE
Task Description Duration
1.0 Sewer Study
1.1 Survey Services 5 Days
1.2 Sewer Feasibility Study 15 Days
2.0 Improvement Plans
2.1 Survey Services 5 Days
2.2 Improvement Plan and OPIC 15 Days
Total Duration 40 Days
FEE ESTIMATE
Task Description Fee Type Fee Amount
1.0 Sewer Study Fixed Fee
1.1 Survey Services Fixed Fee $3,700
1.2 Sewer Feasibility Study Fixed Fee $5,800
2.0 Improvement Plans Fixed Fee
2.1 Survey Services Fixed Fee $4,400
2.2 Improvement Plan and OPIC Fixed Fee $4,500
Total Fee $18,400
Notes:
1. Expenses for reproduction, mailing, mileage, etc., are billed separately per our attached Charge Rate Schedule.
2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.
3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required, typical of on-call type services. QK will work with the client to set expectations where applicable.
4. The Fee Estimate is good for a period of 90 days from the date of the proposal. After 90 days, the Fee Estimate is subject to change.
5. Fees for field surveying activities are subject to the payment of Prevailing Wages for Kern County.
EXCLUSIONS AND ASSUMPTIONS
• Excludes the topo that would be required to design a sewer connection to the existing sewer system. A new task will be added once a route has been chosen by the City. • Any legal descriptions or exhibits.
Alex Gonzalez, PE Page 3 of 3
April 24, 2025
• Any additional special/technical studies as deemed necessary by the City. • Any processing fees, development impact fees, recording fees, and any other agency fees necessary to complete the tasks described herein.
• Construction staking is excluded, but a supplemental proposal for these services is available upon request. • Any service not specifically identified herein is excluded from this proposal.
AUTHORIZATION OF SERVICES
In order to authorize services described herein, please send us a professional services agreement. Typically, we can begin our services within five (5) business days of the time authorization is received, depending on the client’s needs and schedule constraints.
Thank you for considering QK as your professional engineering and survey consultant. Please contact Cathy Williams at (661) 616-2600 if you have any comments or questions regarding this proposal. We look forward to partnering with you on this project.
Sincerely,
Brandon Walker, PLS Cathy Williams, PE, QSD/QSP, ENV SP Senior Surveyor Branch Manager - Bakersfield
Enclosures: Charge Rate Schedule
cc: file
250277
CW/BW/MG
Charge Rate Schedule
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 6, 2025
DEPARTMENT: Alan Cazares, Associate Planner
SUBJECT: TENTATIVE TRACT MAP NO. 7462
RECOMMENDATION
Council find the action has already complied with the California Environmental Quality Act; and adopt Resolution 3017, a Resolution of the City Council of the City of Shafter Approving Tentative Tract No. 7462, as depicted in Exhibit "A", proposing to subdivide 157.57 gross acres into 862 lots, subject to the recommended conditions of approval.
BACKGROUND
Lennar Homes, on behalf of the property owner, Millrose Properties California, is requesting approval of a tentative tract map to subdivide approximately 157.57 gross acres into 862 total lots. This will include 836 single-family residences, two public parks, a drainage basin, a water well site, a nature trail along 7th Standard Road, and 21 public landscape lots. The residential lots range in size from 4,000 square feet to 8,000 square feet.
ANALYSIS
The project site is located on the southeastern edge of the city, north of Seventh Standard Road and within the Mission Lakes Specific Plan. Mission Lakes is envisioned as a master planned community containing a maximum of 5,334 dwelling units at full build-out; a major commercial center; locations for an elementary and middle school; public recreation facilities; an extensive system of landscaped public walkways; and parks.
The proposed tentative tract map has been designed to be consistent with the design elements and development standards required by the Specific Plan. This particular tract is bordered by the future Mission Lakes Boulevard and Lake Road to the west, 7th Standard Road to the south, the Calloway Canal to the east, and vacant land to the north.
This is the second residential tract application that the City has received for the Mission Lakes Specific Plan area. Back in January, the Shafter City Council adopted Resolution No. 3005 approving Tentative Tract Map 7461, which is located immediately west of this proposed tract and will contain 281 future single-family homes. If Tentative Tract 7462 is approved, with the proposed 836 single-family residential lots, there will now be entitlements for 1,117 future single-family homes in the Mission Lakes Specific Plan
TENTATIVE TRACT MAP NO. 7462
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area.
A variety of detached and attached single-family residential homes will be provided that will appeal to a wide range of future home buyers, responding to both local and regional housing needs. Tract 7462 will also have 3.5 acres of public park land, and there will be an extensive system of landscaped walkways and paseos designed to enhance walkability, increase connectivity throughout the specific plan area, and promote healthy living.
The tract is located two miles east of the Wonderful Industrial Park, one of Shafter’s major employment hubs, which places housing at a close proximity to a major workforce center. Proximity between jobs and housing can help reduce the region’s vehicle miles traveled and contribute to regional greenhouse gas reduction goals. As housing production increases within Shafter, commercial real estate groups may be incentivized to invest in the community and bring new projects to the area that will boost economic growth and quality of life.
Adjacent to Tract 7462, Mission Lakes Boulevard will be developed as an Arterial street with four travel lanes, two auxiliary/bike lanes, a landscaped median, and a primary paseo on one side of the street. Lake Road, which provides access to the tract from 7th Standard Road, will also be developed as an Arterial street with primary paseos on both sides of the street. There will be a traffic signal at the intersection of 7th Standard Road and Lake Road. To the northwest of the tract, Chapala Street will also be developed as an Arterial street with a primary paseo on the side of the street that will be part of a future tract. The primary paseos will be 30-feet-wide with landscaping, 8-foot-wide sidewalks, and corridor walls. Several of the internal, local streets will include 15-footwide secondary paseos, and there will be multiple landscape lots with walkways throughout the tract. These will provide future residents with a variety of walking paths from the home to the two parks located within Tentative Tract 7462 as well as to the future parks, school facilities, and other amenities located within the Mission Lakes community. In addition to the internal paseos and parks, 7th Standard Road will be widened north to include a 30 to 35-foot-wide Natural Trail.
PROJECT REVIEW
The proposed subdivision project was reviewed by the Planning, Building, Public Works and Engineering Departments of the City of Shafter. To the best of staff’s combined knowledge, the proposed project satisfies all applicable local and state ordinances and regulations at this stage of the development process. Moreover, staff have compiled a list of conditions of approval that reflect additional necessary requirements and rules that the project proponent will have to comply with in the ongoing design and development of this tract. More thorough analysis and review occur at future steps of the entitlement, permitting, and construction phases.
Affected public agencies and service providers were given an opportunity to review the map, provide comments, and propose conditions of approval prior to City Council consideration. As required by law, public noticing was also provided to any parties
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within 300 feet of the project boundaries, and a public hearing notice was published on the local press within the required timeline.
MISSION LAKES SPECIFIC PLAN CONSISTENCY
The proposed residential project is consistent with the adopted Mission Lakes Specific Plan and the lot size, configuration, and density meet the requirements for Planning Areas 7 and 8, as identified in the Specific Plan. The circulation plan, street configuration, trails, parks, landscaping, and proposed improvements are all consistent with the Mission Lakes Specific Plan and approved amendments.
MINERAL RIGHTS
Atlantic Richfield Company (ARCO) owns 100% of the mineral rights underlying the project site. As required by state law, ARCO is identified on the tentative tract map as the mineral rights owner. To date, ARCO has not provided comments on the map.
PUBLIC COMMENTS
To date, no public comments on the project have been received. No public comments were received at the April 8th Planning Commission meeting either when this map was first presented.
PLANNING COMMISSION REVIEW AND RECOMMENDATION
The Planning Commission considered the tentative tract map on April 08, 2025. The Planning Commission unanimously approved of and adopted Resolution No. 25-458, recommending the City Council approve the tentative tract map (Tentative Tract No. 7462) subject to the recommended conditions of approval.
Please note that after the Planning Commission meeting on April 8th, the City entered discussions with the Developer concerning timing requirements for the public parks within tract 7462 and other tracts of the Mission Lakes area. The negotiations and further review of the Mission Lakes Specific Plan regulations led to City staff revising condition of approval #17 (Resolution No. 3017 Exhibit B) to require that the public parks in this residential development be fully constructed and landscaped prior to the Developer receiving over 60% of the Certificates of Occupancy in this tract. Staff has included a memorandum as an attachment to this report with further details on the updated condition language.
FINDINGS
1. The City Council finds that Tentative Tract No. 7462, with the Conditions of Approval, is consistent with the Shafter General Plan and the Mission Lakes Specific Plan.
2. The City Council finds the proposed subdivision is in substantial conformity with the Subdivision Map Act, and with Title 16 (Subdivision Ordinance) of the Shafter
TENTATIVE TRACT MAP NO. 7462
- 4 -
Municipal Code. The proposed lots are in substantial conformance with the provisions of City Ordinances and all lots will have adequate access to public streets, water lines, fire hydrants, drainage facilities, and utilities.
3. The project’s uses and design are compatible with projects adjacent to the Mission Lakes Specific Plan.
4. The project contributes to the design qualities expected under the Mission Lakes Specific Plan.
5. The project has demonstrated compliance with the policies of the City of Shafter 2005 General Plan.
6. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community and to ensure reasonable surface access is provided for oil and gas exploration and production within the Mission Lakes Specific Plan.
7. The project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457.
ALTERNATIVES
1. Disapprove the tentative map. Government Code §66474 of the Subdivision Map Act specifies that the Council may only deny the tentative map if it can be found that the map design or improvements are inconstant with the General Plan, the type or density of development are physically unsuitable for the site, it is likely that the development will cause environmental damage, it is likely that the development will cause serious public health problems, or that the design will conflict with public easements. None of the required findings for denial apply to the proposed map. Staff does not recommend this option.
2. Delay approval of the tentative map. The City Council is required by Government Code §66452.2 to take action on the tentative map within 30 days of the filing of the recommendation from the Planning Commission. The Planning Commission recommended approval of the tentative map on April 08, 2025 so final action by the Council is needed before May 08, 2025. Staff does not recommend this option.
3. Take no action on the tentative map. If the City Council takes no action on the map prior to May 08, 2025, Government Code §66452.4 stipulates that the map is automatically deemed approved. Staff does not recommend this option.
FISCAL IMPACT
There is no fiscal impact directly resulting from the approval of the tentative tract map.
Indirectly, the approval may expedite the development of the residential project. Development of residential projects typically result in increased one-time building related revenues and annual property tax revenues. These revenues are generally offset by the increased ongoing costs of providing services to the newly developed properties.
CEQA ANALYSIS
TENTATIVE TRACT MAP NO. 7462
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The proposed tentative tract map includes residential development consistent with the adopted Mission Lakes Specific Plan. Therefore, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Mission Lakes Specific Plan in 2005 (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7462 as adopted in the Mission Lakes Specific Plan.
APPROVED BY THE CITY ATTORNEY
Not Applicable
ATTACHMENTS
1. Vicinity Map
2. Tentative Tract Map No. 7462
3. Resolution No. 3017
4. Exhibit A of Resolution No. 3017
5. Exhibit B of Resolution No. 3017
6. Memorandum: Change to Condition of Approval #17
HAMBLEN
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HOMESTEAD
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BRINDLEWOOD
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Copyright nearmap 2015
Site Locations
City Limits
TRACT BOUNDARY
This map and the data contained within it was generated by the City of Shafter. Please consult the City of Shafter Planning Department with any questions, concerns, or potential inaccuracies that may be associated with this document.
Credits: Esri, HERE, City of Shafter, Nearmap Inc. - Aerial Imagery as of February 2024 0 0.17 0.35 0.7 Miles ¯
TRACT NO. 7462 VICINITY MAP
FRIANT-KERN CANAL HIGHWAY 99 CALLOWAY DRIVE COFFEE ROAD SNOW ROAD HIGHWAY 65 CALLOWAY CANALZERKER ROAD
7TH STANDARD ROAD
N
TENTATIVE TRACT NO. 7462
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183
182
181
180
179
177
178
176
173
174
175
171
LOT 'Y'
WATER
WELL
SITE
172
486
485
484
487
483
482 481
480
466
467
455
454
453
464
465
456
463
458
457
461
462
460
431
432
430
426
429
428 427
434
435
436
437
425
424
438
439
314
692
246
275
276
36 60
76 9 8 7
6 165
163
139
138
129
172
737
736
735
824
828
831
836
817
810
825
829
832
816
813
809
826
833
815
812
808
823
827
830
834
814
807
792 791
793
695
797
694
796 798
560
541
702 706
548
700 701 705
542 549 545
704
550 546
703 707
544 547
539
540
710
711
723
716
722
715
721
713
712
740
739
738
743
742
741
744
748
747
746
745
749
752
764
763
754
755
756
757
758
759
753
799
696
697
698
699
802
803
804
805
806
800
801
790
787
788
789
671
676
401 679
400 678
566 567 568 569 571
527
524
525
526
674
675
599 600 601 602 603 604 605 606 607 LOT 'U'
598 591
677
597 596 595 594 593 592 590
626
627
628
625 624
623
622
619
617
618
585
612
589
608
609
588
573
587
610
574 575
582
615
576
613
584
577
583
614
578
616
581
579 580 537
536
529
535
528
534
538
621
620
520
521
522
523
661
660
670
508
509
672
668
669
665
664
663
662
666
658
659
654
655
656
657
647
653
652
651
650
649
648
638
639
640
641
642
643
637
636
633
629
673
667
558 557 556 555 554 553 552 551
565 564 563 562
795
794
693
750
751
441
442
443 444
440
447
446
451
450
449
448
468
469
470 471
472
473
478
477
476
475
474
LOT 'Q'
LOT 'P'
445
418
423
422 421
420
419
452
479
LOT 'O'
416
LOT 'D'
417
690
413
414
415
691
408
407
406
411
405
404
410
403
402
409
412
689
688
687
686
685
684
683
682
681
680
LOT 'C' - PUBLIC PARK
501
337
338
339
340
341
500
498
343 494
389
388
387
386
390
397
398
393
394
395
396
490
347
348 489
349 488
385
384 399
334
333
336
335
355
357 493
492
344
345
346
391
392
371
363
370
369
368
367
366
365
364
378
379
380
373
374
375
376
377
372
303
304
305
306
311
312
313
308
307
310
302
301
317
318
315
319
321
320
322
316
309
298
297
299
300
332
331
330
329
323
324
325
326
327
328
287
281
278
284
277
289
292
283
280
290
293
282
279
291
294
288
286
285
295
204
206
207
203 201 202
185 188 187 186 184
205
208 211 210 209
199
198
192 191 190 189
197 196
212
193
213
194 195
214
255
254
253
252
251
250
260
259
258
256
257
249
248
236 238 239 240 241
244
242
243
247
245
274
262
261
271
272
273
265
264
263
234 235
268
269
270
267
266
231
134
133
132
131
230
229
228
227
226
225
224
232
233
135
136
157 137
156
142 141 140
145 144 143
146
147
149
148
152
151
150
153
155
LOT 'X'
92 158
154
170
169
159
160
161
168
167
166
3 2
5 4
LOT 'A' - BASIN
1 162
164
12 11
10 90
88 87
98 86
85 89
91 96
99 97
14 15
16 17
13 84
83 100
93 95
94 119
120
121
125 124
116
122 123
117 118 115
59 20
21 22
106
77 81 78
103
80 104
18 19
82 102
101
79 58
57 34
33 26
27 28
25 24
23 29
56 32
30 31
35 55
54 65 64
62 63
61 110
109
73 72
75 74
108
107
112
111
114
113
126 127 128
67 222
221
220
219 68
69 70
71 223
130
49 53 52 51 50
66 39
38 37
43 40
42 44
41 48 47
217
215
46 45
216 218 CITY OF BAKERSFIELD CITY OF SHAFTER
LOT 'N'
LOT 'M'
LAKE ROAD
MISSION LAKES
BOULEVARD
314
559
LOT 'K'
LOT 'J'
720
719
718
717
296
237
502
503
504
505
506
507
533
532
531
530
495
496
497
342
572
499
709
708
491 LOT 'T'
CHAPALA
STREET
LOT 'B' - PUBLIC PARK
LOT 'S'
LOT 'F'
LOT 'E'
LOT 'G'
LOT 'R' LOT 'I'
LOT 'H'
105
LOT 'W'
LOT 'L'
561
570
835
818
819
820
821
822
714
780
781 782
783
784
785
786
459
433
760
761
762
765
766
767
768
769
770
771
772
773
774
775
776
777
778 779
734
733
732
731
730
729
727
726
725
724
811
586
611
630
631
632
634
635
645
646
644
517
518
519
516
515
LOT 'V'
510
511
512
513
561
381
382
361
383
356
359
358
354
360
352
351
350
728
VILLACANA DRIVE CASCADE DRIVE STOVEPIPE WELLS DRIVE SANDSTONE DRIVE SPYGLASS DRIVE PORTSIDE DRIVE RIO SECO DRIVE
COY COURT
ROBLES DRIVE PARIS VALLEY DRIVE
EAGLE POINT LANE
DOVER LANE
ZACA MESA LANE
COMPASS LANE
DISCOVERY LANE
FOUNTAIN LANE
PYRAMID LANE WHITE BEACH DRIVE BOULDER WAY
HAMPTON
LANE
PARADISE LANE
PENMAN DRIVE PALM LANE GRANITE DRIVE SIERRA DAWN DRIVE SCHOONER DRIVE BLUEBIRD DRIVE
ESTRELLA LANE
BREEZE DRIVE
CALM DRIVE
HULL WAY
SALAMANDER
SUN MESA LANE
LANE
ANGLER DRIVE
LANDS END LANE
WINWARD DRIVE GOLDFINCH LANE SONG DRIVE
TABLAS STONE LANE
CALLOWAY
CANAL 7TH STANDARD ROAD PANAMINT DRIVE SPARROW HAWK DRIVE
VIA VEGA LANE
OSPREY COURT BOAT HARBOR DRIVE
LOT 'A' - BASIN
200
353
514
LOT 'Z'
N
PARCEL 10 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 11 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 29 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 13 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL "A" OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R. PARCEL 15 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 30 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL "B" OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 14 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 12 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R. PARCEL MAP WAIVER NO. 10-95, CERTIFICATE OF COMPLIANCE DOC. NO. 0196151074, O.R.
PARCEL "B" OF PARCEL MAP
NO. 11314, BOOK 54 OF MAPS,
PAGES 149-158, K.C.R.
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LOT 'S'
737
736
735
824 828
817
825 826 829
723 722 721
740
739
738
743
742
741
744
815
823 827
814
764
763
757
758
759
787 788 789
LOT 'S'
VILLACANA DRIVE
CASCADE DRIVE
BOAT HARBOR DRIVE
DISCOVERY LANE FOUNTAIN LANE
CHAPALA STREET
MISSION LAKES
BOULEVARD
SALAMANDER LANE
720 719 718 717
816
818
819
820
821 822
786
785
760
761
762
765
767
766
768
769
771
770
772
773
733
734
732
731
730
728
729
726
727
724
725
N SEE SHEET 6
SEE SHEET 8
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SALAMANDER LANE
813
800
540 539 710
831 836
810
832
809
833
552 579
551 580
538
537 536 535 534
716 715 713 711 712
812 808
830 834
807
541
706
702 548
705
542
545
704 546
707
703
544
547
802 803 804 805 806 801
585 612
556 575
582 615
555 576
584 613
554 577
583 614 553 578
581 616
GRANITE DRIVE COMPASS LANE EAGLE POINT LANE DOVER LANE
CASCADE DRIVE
BOAT HARBOR DRIVE
709
708
543
533 532 531 ZACA MESA LANE
SPYGLASS
DRIVE
835
714
811
586 611
N SEE SHEET 7 SEE SHEET 5
SEE SHEET 9
TENTATIVE TRACT NO. 7462
SEE SHEET 8
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CALLOWAY CANAL
527
524
525
526
529 528
621
620
520
521
522
523
625 626 627 628 629
624 623
622
617 618 619
SPYGLASS DRIVE
PARADISE LANE
GRANITE DRIVE
530ZACA MESA LANE
630 517
518
519
N
SEE SHEETS 9 & 10 SEE SHEET 6
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791
792
793
695
797
694
795
798
796
794
417
693
LOT 'Q' LOT 'R'
LOT 'D'
478
477
476
475
474
748
747
746
745
749
751
752
445
690
413
414
415
691
412
418
423
422
421
420
419
441
442
443
444
440
447
446
451
450
449
448
468
469
470
471
472
473
754
755
756
753
799
696
790
416
LOT 'S'
479
PORTSIDE DRIVE
LOT 'P'
692
PARIS VALLEY DRIVE TABLAS STONE LANE
DISCOVERY LANE
FOUNTAIN LANE
SALAMANDER LANE
SONG DRIVE
MISSION LAKES
BOULEVARD
STOVEPIPE
WELLS DRIVE
LOT 'O'
780
781
782
783
784
776
775
774
777
778
779
750
N SEE SHEET 9
SEE SHEETS 5 & 6
SEE SHEET 11
TENTATIVE TRACT NO. 7462
02/17/2025 Page 431 of 705
587 610
684 683 682 681 680
675
604
603
602
601
607
600
599
606
605
LOT 'U'
598
591
677
592
593
594
595
596
590
597
678
400
571
562
563
564
565
560
LOT 'C' - PUBLIC PARK
676 408 407 406
411
405
689
404
410
403
688
402 409 401
687
679 686 685
700
701 549
550
697 698 699
666 665
654 655
653
652
638 639
637 636
589 608
588 609
558 573
587 610
557 574
PARIS
VALLEY DRIVE EAGLE POINT LANE DOVER LANE ZACA MESA LANE
SANDSTONE DRIVE
SCHOONER DRIVE
PORTSIDE DRIVE TABLAS STONE LANE
STOVEPIPE WELLS DRIVE
SONG DRIVE COMPASS LANE
HULL WAY
572
559
569
LOT 'T'
570
568
567
566
SIERRA DAWN DRIVE
561
N SEE SHEET 10 SEE SHEET 8
SEE SHEETS 6 & 7
SEE SHEET 12
TENTATIVE TRACT NO. 7462
02/17/2025 Page 432 of 705
664
661
660
508
509
663 662
656 657 658 659
651 650 647 649 648
640 641 642 643
633
SIERRA DAWN DRIVE
PARADISE LANE
SANDSTONE DRIVE
SCHOONER DRIVE
507
635 634 632 631
645
646
644
516
515
LOT 'V'
510
511
512
513
514
LOT 'Z'
N SEE SHEET 9
SEE SHEET 7
SEE SHEET 13
TENTATIVE TRACT NO. 7462
02/17/2025 Page 433 of 705
175
319
321
320
371
176
177
182 181 180
171
178
174
390
393
486
485
484
483
482
481
480
487
LOT 'Y'
391
392
372
431
426
425
424
432
430
429
428
427
434
435
436
437
438
439
455
454
453
458
457
456
466
467
460
461
462
463
464
465
LOT 'G'
LOT 'N'
452
179
172
183
DISCOVERY LANE FOUNTAIN LANE
SALAMANDER
LANE
SPARROW HAWK DRIVE
SONG DRIVE
322
LOT 'O'
GOLDFINCH LANE
ROBLES DRIVE
MISSION LAKES BOULEVARD
WATER WELL SITE
173
LOT 'E'
LOT 'F'
PANAMINT DRIVE
459
433
PYRAMID
LANE
N
SEE SHEET 8 SEE SHEET 12
SEE SHEET 14
TENTATIVE TRACT NO. 7462
02/17/2025 Page 434 of 705
304
306 305
311
315 313 312
337
363 370 369 368 367 366 365 364
378 379 380 373 374 375 376 377
334
333
332
336
335
355
357
353
338
339
340
341
500
498
307
303
492 493 494
346 345 344 343
489 490
348
488
385 349
399
384 389 388 387 386
394 395 396 397 398
331
316
302
HAMPTON LANE
VIA VEGA LANE
XXXX XXXX
DOVER LANE
314
SONG DRIVE
PANAMINT DRIVE HULL WAY
SPARROW HAWK DRIVE
GOLDFINCH LANE LANDS END LANE
ZACA MESA LANE
499
495 496
497
342
491
347
352
354
356
358
359
360
351 381 382 350
383
362 361
N SEE SHEET 11
SEE SHEET 9
SEE SHEET 15
TENTATIVE TRACT NO. 7462
02/17/2025 Page 435 of 705
CALLOWAY CANAL ZACA MESA LANE 668 669 670
674
672
501
671 673
667
PARADISE
LANE
SONG DRIVE
502
503
504
505
506
SCHOONER DRIVE
N
SEE SHEET 9
SEE SHEET 10
SEE SHEET 12
TENTATIVE TRACT NO. 7462
02/17/2025 Page 436 of 705
208
211
210
209
LOT 'I'
206
207
287
202
201
200
199
198
286
285
255
254 253
258
204
197
194
196
195
256
257 212
214
LOT 'M'
185
192
184
191
190
189
188
187
186
193
LOT 'N' 284
289
288
213
203
205 LOT 'L'
SALAMANDER
LANE
ROBLES DRIVE
WINWARD DRIVE
CALM DRIVE BREEZE DRIVE PYRAMID LANE
GOLDFINCH LANE
MISSION LAKES BOULEVARD
LOT 'H'
N
SEE SHEET 15
SEE SHEET 11
SEE SHEET 16
TENTATIVE TRACT NO. 7462
02/17/2025 Page 437 of 705
392
252
251
250
260
259
310 308
317
309
318
298
297
247
245
248
262
261
249
244
242
243
274
240
241
295
299
300
301
LOT 'W'
323
330
324
325
326
327
328
329
281
278 277
292
283
280
290
293
282
279
291
294
238
239
XXXX XXXX
246
275
VIA VEGA LANE ROBLES DRIVE
GOLDFINCH LANE LANDS END LANE
WINWARD DRIVE
BREEZE DRIVE
SUN MESA LANE
OSPREY COURT
HAWK DRIVE
SPARROW
296
276
N
SEE SHEET 14
SEE SHEET 12
SEE SHEET 17
TENTATIVE TRACT NO. 7462
02/17/2025 Page 438 of 705
45 215
46 43
42 44
63 73
72 74
68 69
70 71
223
222
221
220
219
38 31
37 41
216
49 56
48 55
218
54 47
53 217
52 51
50 66
65 67
40 35
34 33
32 26
27 28
39 30
29 110
109
36 SALAMANDER
LANE BREEZE DRIVE
COY COURT
PYRAMID LANE
RIO SECO DRIVE
PENMAN DRIVE
SUN MESA
LANE
ANGLER DRIVE
ESTRELLA LANE
CALM DRIVE
64 MISSION LAKES BOULEVARD
LAKE
ROAD
LOT 'L'
LOT 'B' - PUBLIC PARK
N
SEE SHEET 17
SEE SHEET 14
SEE SHEET 18
TENTATIVE TRACT NO. 7462
02/17/2025 Page 439 of 705
CALLOWAY CANAL
131
225
130
224
267
273
266
265
264
230
229
228
227
226
135
231
134
133
132
232
233
234
235
236
272
268
269
270
271
136
RIO SECO DRIVE VIA VEGA LANE
PENMAN DRIVE
PALM LANE
PALM LANE
SUN MESA LANE
237
LOT 'J'
OSPREY
COURT
263
N
SEE SHEET 16
SEE SHEET 15
SEE SHEET 18
TENTATIVE TRACT NO. 7462
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62 61
75 108
112
111
114
113
127
128
59 58
57 25
24 22
23 107
141
102
101
100
137
145
144
143
95 94
146
84 83
82 20
21 123
122
117
118
115
77 106
78 105
104
80 103
81 19
18 17
16 15
14 96
97 98
99 85
86 119
120 121
142
140
116
125
124
126
138
139
59 22
76 60
79 129
SUN MESA LANE
ANGLER DRIVE
BOULDER WAY
ESTRELLA LANE PALM LANE
PYRAMID LANE
PENMAN DRIVE
LOT 'L'
LAKE ROAD
LOT 'K'
N
SEE SHEET 17
SEE SHEET 16
SEE SHEET 19
TENTATIVE TRACT NO. 7462
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93 147
148
92 155
158 162 161 160 159
164
154
166 167 168 169 170
3 2 1
5 4
149
152
151
150
153
13 12
11 10
88 87
89 90 91
157
156
WHITE BEACH DRIVE
7 8
9 163
165
6 ESTRELLA LANE
BLUEBIRD DRIVE
PALM LANE
LOT 'K'
LAKE ROAD
7TH STANDARD ROAD
(COUNTY ROAD NO. 151)
CITY OF SHAFTER
CITY OF BAKERSFIELD
N
SEE SHEET 18
SEE SHEET 20
TENTATIVE TRACT NO. 7462
02/17/2025 Page 442 of 705
BLUEBIRD DRIVE
PALM LANE
7TH STANDARD ROAD
(COUNTY ROAD NO. 151)
LOT 'K'
CITY OF SHAFTER
CITY OF BAKERSFIELD
LOT 'X'
LOT 'A' - BASIN
N SEE SHEET 19
SEE SHEET 19
TENTATIVE TRACT NO. 7462
02/17/2025 Page 443 of 705
EXHIBIT 3
RESOLUTION NO. 3017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING TENTATIVE TRACT NO. 7462, AS DEPICTED IN EXHIBIT “A”,
WHEREAS, Lennar Homes of California, Inc., 5 River Park Place East, Suite 210, Fresno, CA 93720, submitted a tentative tract map application to the City of Shafter to subdivide 157.57 acres (gross) into 836 single-family residential lots, 2 public park lots, 1 basin lot, 1 water well site, and 21 landscape lots/nature trail within the adopted Mission Lakes Specific Plan; and WHEREAS, Lennar Homes of California, Inc., 5 River Park Place East, Suite 210, Fresno, CA 93720, is requesting approval of Tentative Tract No. 7462 on that certain property in the City of Shafter as shown in Exhibit “A”; and
WHEREAS, the Planning Commission did, on April 08, 2025 approve Resolution No. 25-458; a resolution of the Planning Commission of the City of Shafter recommending that the City Council approve Tentative Tract No. 7462 with conditions of approval; and WHEREAS, the City Council, through its Secretary, did set Tuesday, May 06, 2025, at the hour of 6:00 p.m. in the Council Chambers of City Hall, 336 Pacific Avenue, Shafter, California, as the time and place for a public hearing before said City Council on said proposal, and notice of the public hearing was given in the manner provided in Title 16 of the Shafter Municipal Code; and
WHEREAS, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457; and WHEREAS, the project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Mission Lakes Specific Plan in 2005 (SCH No. 2004101029) pursuant to Resolution No. 05-1738; and
WHEREAS, the certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7462 and is consistent with the Mission Lakes Specific Plan and approved alterations thereof; and WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearing support the findings contained in this resolution; and WHEREAS, at said public hearing held on May 06, 2025, the proposed tentative tract map was duly heard and considered, and the City Council found as follows:
1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area, the mineral rights owner, and published in a local newspaper of general circulation at least 10 days prior to the hearing.
Shafter City Council Resolution No. 3017
May 6, 2025
2. The proposed tentative tract map is only proposing residential development consistent with the Mission Lakes Specific Plan as amended. Therefore, the project is exempt from the California Environmental Quality Act, i.e., exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to California Government Code §65457. The project is within the scope of the Program Environmental Impact Report (EIR) that was certified for the Mission Lakes Specific Plan in 2005 (SCH No. 2004101029). The certified Program EIR adequately describes the activity of the residential development proposed in Tentative Tract No. 7462 within the Mission Lakes Specific Plan area.
3. The City Council finds the proposed subdivision is in substantial conformity with the Subdivision Map Act and with Title 16 (Subdivision Ordinance) of the Shafter Municipal Code. The proposed lots are in substantial conformance with the provisions of the Mission Lakes Specific Plan and all lots have adequate and proper access to public streets, sanitary sewer, water lines, fire hydrants, drainage structures and utilities.
4. The attached Conditions of Approval are deemed necessary for the safety and welfare of the community and to ensure reasonable surface access is provided for oil and gas exploration and production within the Mission Lakes Specific Plan.
5. Urban services are available for the proposed development. The project is within an area to be served by all necessary utilities and waste disposal systems. Improvements proposed as part of the project will deliver utilities to the individual lots or parcels to be created.
6. The proposed subdivision (Tentative Tract No. 7462), together with the provisions for its design and improvement, is consistent with the City of Shafter General Plan.
The proposed density and intensity of development are consistent with the Mission Lakes Specific Plan. Proposed road improvements are consistent with the Circulation Program. The overall design of the project, as conditioned, is consistent with the goals and policies of all elements of the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular meeting on the 6th day of May 2025, hereby approves Tentative Tract Map No. 7462 (Exhibit “A”), as described above and as shown in Exhibit “A”, with conditions of approval as provided in Exhibit “B”.
PASSED AND ADOPTED THIS 6th DAY OF MAY, 2025.
Chad Givens, Mayor
ATTEST
Yazmina Pallares, City Clerk
FRIANT-KERN CANAL HIGHWAY 99 CALLOWAY DRIVE COFFEE ROAD SNOW ROAD HIGHWAY 65 CALLOWAY CANALZERKER ROAD
7TH STANDARD ROAD
N
TENTATIVE TRACT NO. 7462
02/17/2025
EXHIBIT "A"
TENTATIVE TRACT NO. 7462
02/17/2025 Page 447 of 705
TENTATIVE TRACT NO. 7462
02/17/2025 Page 448 of 705
183
182
181
180
179
177
178
176
173
174
175
171
LOT 'Y'
WATER
WELL
SITE
172
486
485
484
487
483
482 481
480
466
467
455
454
453
464
465
456
463
458
457
461
462
460
431
432
430
426
429
428 427
434
435
436
437
425
424
438
439
314
692
246
275
276
36 60
76 9 8 7
6 165
163
139
138
129
172
737
736
735
824
828
831
836
817
810
825
829
832
816
813
809
826
833
815
812
808
823
827
830
834
814
807
792 791
793
695
797
694
796 798
560
541
702 706
548
700 701 705
542 549 545
704
550 546
703 707
544 547
539
540
710
711
723
716
722
715
721
713
712
740
739
738
743
742
741
744
748
747
746
745
749
752
764
763
754
755
756
757
758
759
753
799
696
697
698
699
802
803
804
805
806
800
801
790
787
788
789
671
676
401 679
400 678
566 567 568 569 571
527
524
525
526
674
675
599 600 601 602 603 604 605 606 607 LOT 'U'
598 591
677
597 596 595 594 593 592 590
626
627
628
625 624
623
622
619
617
618
585
612
589
608
609
588
573
587
610
574 575
582
615
576
613
584
577
583
614
578
616
581
579 580 537
536
529
535
528
534
538
621
620
520
521
522
523
661
660
670
508
509
672
668
669
665
664
663
662
666
658
659
654
655
656
657
647
653
652
651
650
649
648
638
639
640
641
642
643
637
636
633
629
673
667
558 557 556 555 554 553 552 551
565 564 563 562
795
794
693
750
751
441
442
443 444
440
447
446
451
450
449
448
468
469
470 471
472
473
478
477
476
475
474
LOT 'Q'
LOT 'P'
445
418
423
422 421
420
419
452
479
LOT 'O'
416
LOT 'D'
417
690
413
414
415
691
408
407
406
411
405
404
410
403
402
409
412
689
688
687
686
685
684
683
682
681
680
LOT 'C' - PUBLIC PARK
501
337
338
339
340
341
500
498
343 494
389
388
387
386
390
397
398
393
394
395
396
490
347
348 489
349 488
385
384 399
334
333
336
335
355
357 493
492
344
345
346
391
392
371
363
370
369
368
367
366
365
364
378
379
380
373
374
375
376
377
372
303
304
305
306
311
312
313
308
307
310
302
301
317
318
315
319
321
320
322
316
309
298
297
299
300
332
331
330
329
323
324
325
326
327
328
287
281
278
284
277
289
292
283
280
290
293
282
279
291
294
288
286
285
295
204
206
207
203 201 202
185 188 187 186 184
205
208 211 210 209
199
198
192 191 190 189
197 196
212
193
213
194 195
214
255
254
253
252
251
250
260
259
258
256
257
249
248
236 238 239 240 241
244
242
243
247
245
274
262
261
271
272
273
265
264
263
234 235
268
269
270
267
266
231
134
133
132
131
230
229
228
227
226
225
224
232
233
135
136
157 137
156
142 141 140
145 144 143
146
147
149
148
152
151
150
153
155
LOT 'X'
92 158
154
170
169
159
160
161
168
167
166
3 2
5 4
LOT 'A' - BASIN
1 162
164
12 11
10 90
88 87
98 86
85 89
91 96
99 97
14 15
16 17
13 84
83 100
93 95
94 119
120
121
125 124
116
122 123
117 118 115
59 20
21 22
106
77 81 78
103
80 104
18 19
82 102
101
79 58
57 34
33 26
27 28
25 24
23 29
56 32
30 31
35 55
54 65 64
62 63
61 110
109
73 72
75 74
108
107
112
111
114
113
126 127 128
67 222
221
220
219 68
69 70
71 223
130
49 53 52 51 50
66 39
38 37
43 40
42 44
41 48 47
217
215
46 45
216 218 CITY OF BAKERSFIELD CITY OF SHAFTER
LOT 'N'
LOT 'M'
LAKE ROAD
MISSION LAKES
BOULEVARD
314
559
LOT 'K'
LOT 'J'
720
719
718
717
296
237
502
503
504
505
506
507
533
532
531
530
495
496
497
342
572
499
709
708
491 LOT 'T'
CHAPALA
STREET
LOT 'B' - PUBLIC PARK
LOT 'S'
LOT 'F'
LOT 'E'
LOT 'G'
LOT 'R' LOT 'I'
LOT 'H'
105
LOT 'W'
LOT 'L'
561
570
835
818
819
820
821
822
714
780
781 782
783
784
785
786
459
433
760
761
762
765
766
767
768
769
770
771
772
773
774
775
776
777
778 779
734
733
732
731
730
729
727
726
725
724
811
586
611
630
631
632
634
635
645
646
644
517
518
519
516
515
LOT 'V'
510
511
512
513
561
381
382
361
383
356
359
358
354
360
352
351
350
728
VILLACANA DRIVE CASCADE DRIVE STOVEPIPE WELLS DRIVE SANDSTONE DRIVE SPYGLASS DRIVE PORTSIDE DRIVE RIO SECO DRIVE
COY COURT
ROBLES DRIVE PARIS VALLEY DRIVE
EAGLE POINT LANE
DOVER LANE
ZACA MESA LANE
COMPASS LANE
DISCOVERY LANE
FOUNTAIN LANE
PYRAMID LANE WHITE BEACH DRIVE BOULDER WAY
HAMPTON
LANE
PARADISE LANE
PENMAN DRIVE PALM LANE GRANITE DRIVE SIERRA DAWN DRIVE SCHOONER DRIVE BLUEBIRD DRIVE
ESTRELLA LANE
BREEZE DRIVE
CALM DRIVE
HULL WAY
SALAMANDER
SUN MESA LANE
LANE
ANGLER DRIVE
LANDS END LANE
WINWARD DRIVE GOLDFINCH LANE SONG DRIVE
TABLAS STONE LANE
CALLOWAY
CANAL 7TH STANDARD ROAD PANAMINT DRIVE SPARROW HAWK DRIVE
VIA VEGA LANE
OSPREY COURT BOAT HARBOR DRIVE
LOT 'A' - BASIN
200
353
514
LOT 'Z'
N
PARCEL 10 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 11 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 29 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 13 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL "A" OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R. PARCEL 15 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 30 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL "B" OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 14 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R.
PARCEL 12 OF PARCEL MAP NO. 11314, BOOK 54 OF MAPS, PAGES 149-158, K.C.R. PARCEL MAP WAIVER NO. 10-95, CERTIFICATE OF COMPLIANCE DOC. NO. 0196151074, O.R.
PARCEL "B" OF PARCEL MAP
NO. 11314, BOOK 54 OF MAPS,
PAGES 149-158, K.C.R.
TENTATIVE TRACT NO. 7462
02/17/2025 Page 449 of 705
LOT 'S'
737
736
735
824 828
817
825 826 829
723 722 721
740
739
738
743
742
741
744
815
823 827
814
764
763
757
758
759
787 788 789
LOT 'S'
VILLACANA DRIVE
CASCADE DRIVE
BOAT HARBOR DRIVE
DISCOVERY LANE FOUNTAIN LANE
CHAPALA STREET
MISSION LAKES
BOULEVARD
SALAMANDER LANE
720 719 718 717
816
818
819
820
821 822
786
785
760
761
762
765
767
766
768
769
771
770
772
773
733
734
732
731
730
728
729
726
727
724
725
N SEE SHEET 6
SEE SHEET 8
TENTATIVE TRACT NO. 7462
02/17/2025 Page 450 of 705
SALAMANDER LANE
813
800
540 539 710
831 836
810
832
809
833
552 579
551 580
538
537 536 535 534
716 715 713 711 712
812 808
830 834
807
541
706
702 548
705
542
545
704 546
707
703
544
547
802 803 804 805 806 801
585 612
556 575
582 615
555 576
584 613
554 577
583 614 553 578
581 616
GRANITE DRIVE COMPASS LANE EAGLE POINT LANE DOVER LANE
CASCADE DRIVE
BOAT HARBOR DRIVE
709
708
543
533 532 531 ZACA MESA LANE
SPYGLASS
DRIVE
835
714
811
586 611
N SEE SHEET 7 SEE SHEET 5
SEE SHEET 9
TENTATIVE TRACT NO. 7462
SEE SHEET 8
02/17/2025 Page 451 of 705
CALLOWAY CANAL
527
524
525
526
529 528
621
620
520
521
522
523
625 626 627 628 629
624 623
622
617 618 619
SPYGLASS DRIVE
PARADISE LANE
GRANITE DRIVE
530ZACA MESA LANE
630 517
518
519
N
SEE SHEETS 9 & 10 SEE SHEET 6
TENTATIVE TRACT NO. 7462
02/17/2025 Page 452 of 705
791
792
793
695
797
694
795
798
796
794
417
693
LOT 'Q' LOT 'R'
LOT 'D'
478
477
476
475
474
748
747
746
745
749
751
752
445
690
413
414
415
691
412
418
423
422
421
420
419
441
442
443
444
440
447
446
451
450
449
448
468
469
470
471
472
473
754
755
756
753
799
696
790
416
LOT 'S'
479
PORTSIDE DRIVE
LOT 'P'
692
PARIS VALLEY DRIVE TABLAS STONE LANE
DISCOVERY LANE
FOUNTAIN LANE
SALAMANDER LANE
SONG DRIVE
MISSION LAKES
BOULEVARD
STOVEPIPE
WELLS DRIVE
LOT 'O'
780
781
782
783
784
776
775
774
777
778
779
750
N SEE SHEET 9
SEE SHEETS 5 & 6
SEE SHEET 11
TENTATIVE TRACT NO. 7462
02/17/2025 Page 453 of 705
587 610
684 683 682 681 680
675
604
603
602
601
607
600
599
606
605
LOT 'U'
598
591
677
592
593
594
595
596
590
597
678
400
571
562
563
564
565
560
LOT 'C' - PUBLIC PARK
676 408 407 406
411
405
689
404
410
403
688
402 409 401
687
679 686 685
700
701 549
550
697 698 699
666 665
654 655
653
652
638 639
637 636
589 608
588 609
558 573
587 610
557 574
PARIS
VALLEY DRIVE EAGLE POINT LANE DOVER LANE ZACA MESA LANE
SANDSTONE DRIVE
SCHOONER DRIVE
PORTSIDE DRIVE TABLAS STONE LANE
STOVEPIPE WELLS DRIVE
SONG DRIVE COMPASS LANE
HULL WAY
572
559
569
LOT 'T'
570
568
567
566
SIERRA DAWN DRIVE
561
N SEE SHEET 10 SEE SHEET 8
SEE SHEETS 6 & 7
SEE SHEET 12
TENTATIVE TRACT NO. 7462
02/17/2025 Page 454 of 705
664
661
660
508
509
663 662
656 657 658 659
651 650 647 649 648
640 641 642 643
633
SIERRA DAWN DRIVE
PARADISE LANE
SANDSTONE DRIVE
SCHOONER DRIVE
507
635 634 632 631
645
646
644
516
515
LOT 'V'
510
511
512
513
514
LOT 'Z'
N SEE SHEET 9
SEE SHEET 7
SEE SHEET 13
TENTATIVE TRACT NO. 7462
02/17/2025 Page 455 of 705
175
319
321
320
371
176
177
182 181 180
171
178
174
390
393
486
485
484
483
482
481
480
487
LOT 'Y'
391
392
372
431
426
425
424
432
430
429
428
427
434
435
436
437
438
439
455
454
453
458
457
456
466
467
460
461
462
463
464
465
LOT 'G'
LOT 'N'
452
179
172
183
DISCOVERY LANE FOUNTAIN LANE
SALAMANDER
LANE
SPARROW HAWK DRIVE
SONG DRIVE
322
LOT 'O'
GOLDFINCH LANE
ROBLES DRIVE
MISSION LAKES BOULEVARD
WATER WELL SITE
173
LOT 'E'
LOT 'F'
PANAMINT DRIVE
459
433
PYRAMID
LANE
N
SEE SHEET 8 SEE SHEET 12
SEE SHEET 14
TENTATIVE TRACT NO. 7462
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304
306 305
311
315 313 312
337
363 370 369 368 367 366 365 364
378 379 380 373 374 375 376 377
334
333
332
336
335
355
357
353
338
339
340
341
500
498
307
303
492 493 494
346 345 344 343
489 490
348
488
385 349
399
384 389 388 387 386
394 395 396 397 398
331
316
302
HAMPTON LANE
VIA VEGA LANE
XXXX XXXX
DOVER LANE
314
SONG DRIVE
PANAMINT DRIVE HULL WAY
SPARROW HAWK DRIVE
GOLDFINCH LANE LANDS END LANE
ZACA MESA LANE
499
495 496
497
342
491
347
352
354
356
358
359
360
351 381 382 350
383
362 361
N SEE SHEET 11
SEE SHEET 9
SEE SHEET 15
TENTATIVE TRACT NO. 7462
02/17/2025 Page 457 of 705
CALLOWAY CANAL ZACA MESA LANE 668 669 670
674
672
501
671 673
667
PARADISE
LANE
SONG DRIVE
502
503
504
505
506
SCHOONER DRIVE
N
SEE SHEET 9
SEE SHEET 10
SEE SHEET 12
TENTATIVE TRACT NO. 7462
02/17/2025 Page 458 of 705
208
211
210
209
LOT 'I'
206
207
287
202
201
200
199
198
286
285
255
254 253
258
204
197
194
196
195
256
257 212
214
LOT 'M'
185
192
184
191
190
189
188
187
186
193
LOT 'N' 284
289
288
213
203
205 LOT 'L'
SALAMANDER
LANE
ROBLES DRIVE
WINWARD DRIVE
CALM DRIVE BREEZE DRIVE PYRAMID LANE
GOLDFINCH LANE
MISSION LAKES BOULEVARD
LOT 'H'
N
SEE SHEET 15
SEE SHEET 11
SEE SHEET 16
TENTATIVE TRACT NO. 7462
02/17/2025 Page 459 of 705
392
252
251
250
260
259
310 308
317
309
318
298
297
247
245
248
262
261
249
244
242
243
274
240
241
295
299
300
301
LOT 'W'
323
330
324
325
326
327
328
329
281
278 277
292
283
280
290
293
282
279
291
294
238
239
XXXX XXXX
246
275
VIA VEGA LANE ROBLES DRIVE
GOLDFINCH LANE LANDS END LANE
WINWARD DRIVE
BREEZE DRIVE
SUN MESA LANE
OSPREY COURT
HAWK DRIVE
SPARROW
296
276
N
SEE SHEET 14
SEE SHEET 12
SEE SHEET 17
TENTATIVE TRACT NO. 7462
02/17/2025 Page 460 of 705
45 215
46 43
42 44
63 73
72 74
68 69
70 71
223
222
221
220
219
38 31
37 41
216
49 56
48 55
218
54 47
53 217
52 51
50 66
65 67
40 35
34 33
32 26
27 28
39 30
29 110
109
36 SALAMANDER
LANE BREEZE DRIVE
COY COURT
PYRAMID LANE
RIO SECO DRIVE
PENMAN DRIVE
SUN MESA
LANE
ANGLER DRIVE
ESTRELLA LANE
CALM DRIVE
64 MISSION LAKES BOULEVARD
LAKE
ROAD
LOT 'L'
LOT 'B' - PUBLIC PARK
N
SEE SHEET 17
SEE SHEET 14
SEE SHEET 18
TENTATIVE TRACT NO. 7462
02/17/2025 Page 461 of 705
CALLOWAY CANAL
131
225
130
224
267
273
266
265
264
230
229
228
227
226
135
231
134
133
132
232
233
234
235
236
272
268
269
270
271
136
RIO SECO DRIVE VIA VEGA LANE
PENMAN DRIVE
PALM LANE
PALM LANE
SUN MESA LANE
237
LOT 'J'
OSPREY
COURT
263
N
SEE SHEET 16
SEE SHEET 15
SEE SHEET 18
TENTATIVE TRACT NO. 7462
02/17/2025 Page 462 of 705
62 61
75 108
112
111
114
113
127
128
59 58
57 25
24 22
23 107
141
102
101
100
137
145
144
143
95 94
146
84 83
82 20
21 123
122
117
118
115
77 106
78 105
104
80 103
81 19
18 17
16 15
14 96
97 98
99 85
86 119
120 121
142
140
116
125
124
126
138
139
59 22
76 60
79 129
SUN MESA LANE
ANGLER DRIVE
BOULDER WAY
ESTRELLA LANE PALM LANE
PYRAMID LANE
PENMAN DRIVE
LOT 'L'
LAKE ROAD
LOT 'K'
N
SEE SHEET 17
SEE SHEET 16
SEE SHEET 19
TENTATIVE TRACT NO. 7462
02/17/2025 Page 463 of 705
93 147
148
92 155
158 162 161 160 159
164
154
166 167 168 169 170
3 2 1
5 4
149
152
151
150
153
13 12
11 10
88 87
89 90 91
157
156
WHITE BEACH DRIVE
7 8
9 163
165
6 ESTRELLA LANE
BLUEBIRD DRIVE
PALM LANE
LOT 'K'
LAKE ROAD
7TH STANDARD ROAD
(COUNTY ROAD NO. 151)
CITY OF SHAFTER
CITY OF BAKERSFIELD
N
SEE SHEET 18
SEE SHEET 20
TENTATIVE TRACT NO. 7462
02/17/2025 Page 464 of 705
BLUEBIRD DRIVE
PALM LANE
7TH STANDARD ROAD
(COUNTY ROAD NO. 151)
LOT 'K'
CITY OF SHAFTER
CITY OF BAKERSFIELD
LOT 'X'
LOT 'A' - BASIN
N SEE SHEET 19
SEE SHEET 19
TENTATIVE TRACT NO. 7462
02/17/2025 Page 465 of 705
1 EXHIBIT “B”
CONDITIONS OF APPROVAL
TENTATIVE TRACT NO. 7462
GENERAL
1. The owner(s), project proponent(s), and/or applicant(s) (hereinafter referred to as “Developer”), solely at their cost and expense, shall defend, indemnify and hold harmless the City of Shafter (hereinafter referred to as “City”), its agents, legislative bodies, officers and employees regarding any legal or administrative action, claim or proceeding concerning approval of Tentative Tract No. 7462 and/or related actions including, without limitation, actions taken or not taken with respect to the California Environmental Quality Act (hereinafter referred to as “CEQA”); or, at its election and in the alternative, shall relinquish such approval. Developer shall assume the defense of the City in any such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by Developer, but subject to the City's reasonable approvals. Developer shall also reimburse the City, its agents, legislative bodies, officers and employees for any judgments, amounts paid in settlements, court costs and attorneys' fees which the City, its agents, legislative bodies, officers and employees may be required to pay or otherwise pay because of such action, claim, or proceeding. The City may, at its sole discretion, participate at its own expense in the defense of any such action, claim or proceeding, but such participation shall not relieve Developer’s obligations under these conditions of approval (hereinafter referred to as “Conditions”).
2. The Developer or the Developer’s engineer shall submit a list of all contractors and/or subcontractors performing work on this project to the City Finance Department and such contractors and subcontractors shall obtain valid business licenses to do business and/or work in the City of Shafter.
3. The following disclosure shall be given as part of transfer of properties: “All your real property is near property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but not be limited to equipment noises, odors from manure or other chemicals, and dust or smoke. The City has determined that the use of real property for agricultural operations is a high priority and favored use to the City and Kern County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations, provided such operations are consistent with accepted customs, standards, and laws.”
4. Until all portions of the tentative tract have been developed, all vacant and undeveloped land, not being actively farmed, shall be maintained in a weed-free and clean manner by the Developer. Should said property not be so maintained, the City shall notify the property owner that the property is to be cleaned within thirty (30) days of receipt of said notice. If the property owner does not comply within the required time frame, City may then clear the land and bill the property owner for expenses incurred.