11 The offsite improvements consist of the following:
• Sidewalk Improvements along Birch Street, South Mannel Avenue, and East Los Angeles Avenue
• Connection to existing water line in East Los Angeles Avenue • Connection to the existing dry sewer line of East Los Angeles and ending the connection at the east of Birch Street and west of South Mannel Avenue to the northern property line
9. Surrounding land uses and setting:
The site is surrounded by residential and agricultural uses to the north, east, south and west as further described:
• North: Casa Amelia Cadena (a multi-family complex), zoned medium-density residential
• East: South Mannel Avenue, single-family residential, zoned low-density residential • South: East Los Angeles Avenue, vacant land, zoned low-density residential • West: Birch Street, scattered residential uses, zoned low-density residential
10. Other public agencies whose approval is anticipated to be required (e.g., permits, financing approval, or participation agreement):
• City of Shafter—Mitigated Negative Declaration consideration and adoption • City of Shafter—Grading permit
• City of Shafter—Building permit
• City of Shafter—Site Plan Review
• City of Shafter—Potable water and sewer will-serve letters • San Joaquin Valley Air Pollution Control District—Indirect Source Rule compliance • State Water Resources Control Board—National Pollutant Discharge Elimination System General Permit
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? No, California Native American tribes traditionally and culturally affiliated with the project area have not requested consultation.
12 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist in the following pages:
□ Aesthetics □ Agricultural/Forestry Resources □ Air Quality □ Biological Resources □ Cultural Resources □ Energy
□ Geology/Soils □ Greenhouse Gas Emissions □ Hazards/Haz. Mat. □ Hydrology/Water Quality □ Land Use/Planning □ Mineral Resources □ Noise □ Population/Housing □ Public Services
□ Recreation □ Transportation □ Tribal Cultural Res.
□ Utilities/Service Systems □ Wildfire □ Mandatory Findings Determination
On the basis of this initial evaluation:
□ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION would be prepared. ■ I find that although the proposed project could have a significant effect on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION would be prepared.
□ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated" impact on the environment, but at least one effect has been 1) adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. □ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable legal standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ________________________ May 7, 2025
Steve Esselman, Planning Director Date
13 EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be crossreferenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address sitespecific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
14 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.
15 ENVIRONMENTAL ISSUE
Aesthetics
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect on a scenic vista? □ □ ■ □ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? □ □ □ ■
c) In non-urbanized areas, substantially degrade the existing visual character or quality of project views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with the applicable zoning or other regulations governing scenic quality? □ □ ■ □ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? □ □ ■ □ Evaluation of Environmental Effects
a) Less than significant impact. The proposed project consists of a total of 174 multi-family units and 378 on-site parking spaces on an approximately 7.85-acre site. The site is located on undeveloped land with a low-density residential (LDR) land use designation and low-density residential (R-1) zoning classification. The project is requesting a GPA and ZC, which would allow for the proposed project. There are residential uses to the north, east, southwest, and west and agricultural uses to the southeast of the project site.
According to the City of Shafter General Plan, the site is not within or in the vicinity of an identified scenic vista, and no known aesthetic resources exist on or near the site. The project does not lie near or within a State Designated or Eligible State Scenic Highway (Caltrans 2025).
Furthermore, development of the project would not block or preclude views to any area containing important or what would be considered visually appealing landforms. The project does not include the removal of trees determined to be scenic or of scenic value, the destruction of rock outcroppings or degradation of any historic building(s). Therefore, the project would not have a substantial adverse effect on a scenic vista. b) No impact. Please see response to a. above. Therefore, the project would not substantially damage scenic resources, including, but not limited to, trees, rock outcrops, and historic buildings within a state scenic highway.
16 c) Less than significant impact. The project is surrounded by residential uses to the north, east, southwest, and west and agricultural uses to the southeast. The project would be visible from passing motorists and the surrounding residences. The proposed project includes a request for a GPA and ZC to develop three (3) three-story residential buildings consisting of 174 units which is consistent with the surrounding land use designations. The parcel located to the north of the project site is Medium High Residential, therefore, changes to the visual quality and character of the project site would be compatible with the existing residential uses and adhere to similar residential uses in the surrounding areas. Given that the project is requesting a GPA and ZC, the project would not substantially degrade the existing visual character or quality of the site and its surroundings in a non-urban area or conflict with the applicable zoning or other regulations governing scenic quality in an urban area. d) Less than significant impact. The project will be developed in three (3) phases. Phases I and II would begin construction in December 2026 and Phase III would begin construction in March 2029. Construction of the proposed project would generally occur during daytime hours, typically from 7:00 a.m. to 7:00 p.m. All lighting would be directed downward and shielded to focus illumination on the desired work areas only and prevent light spillage onto adjacent properties. Because lighting used to illuminate work areas would be shielded, focused downward, and turned off by 7:00 p.m., the potential for lighting to affect any residents adversely is minimal. Increased truck traffic and the transport of construction materials to the project site would temporarily increase glare conditions during construction. However, this increase in glare would be minimal. Construction activity would focus on specific areas on the sites, and any sources of glare would not be stationary for a prolonged period.
During operations, all lighting would be directed downward and shielded to focus illumination on the site only and prevent light spillage onto off-site properties. Furthermore, the project would be designed and improved with all applicable policies and regulations along with appropriate setbacks, landscaping, and screening to minimize light and glare impacts.
Therefore, the project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
17 Agriculture and Forestry Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? □ □ □ ■
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? □ □ □ ■
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? □ □ □ ■
d) Result in the loss of forestland or conversion of forest land to non-forest use? □ □ □ ■
e) Involve other changes in the existing environment which, due to their location or nature, could result in the conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? □ □ □ ■
Evaluation of Environmental Effects
a) No impact. The 7.85-acre vacant site currently has a low-density residential land use designation (LDR) and a low-density residential zoning classification (R-1). The project is requesting a GPA and ZC, which would allow for the proposed project. The project site is surrounded by residential uses to the north, east, southwest, and west and agricultural uses to the southeast.
18 CEQA uses the California Department of Conservation Division of Land Resource Protection’s Farmland Mapping project (FMMP) categories of “Prime Farmland,” “Farmland of Statewide Importance,” and “Unique Farmland” to define “agricultural land” for the purposes of assessing environmental impacts (PRC Section 21060.1[a]). The project site is designated as “Grazing Land” (DOC 2022).
The project site is not designated as Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance. Additionally, much of the project and surrounding areas are currently zoned for nonagricultural uses except a parcel located southeast of the project site. Therefore, the project would not significantly convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to nonagricultural use. b) No impact. The project is surrounded by residential uses to the north, east, southwest, and west and agricultural uses to the southeast. The proposed project includes a request for a GPA and ZC to develop three (3) three-story residential buildings consisting of 174 units which is consistent with the surrounding land use designations.
Neither the project site nor the parcels adjacent to its boundary are subject to Williamson Act contracts. Therefore, the project would not conflict with existing zoning for agricultural use or a Williamson Act contract.
c) No impact. The Public Resources Code Section 12220 (g) and Section 4526 defines “forest land” as land that can support 10% native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. There are no forest lands identified on the project site or within its vicinity. Therefore, the project would not conflict with existing zoning for, or cause rezoning of forest land or timberland, or timberland zoned Timberland Production. d) No impact. Please see response to c. above. Therefore, the project would not result in the loss of forestland or conversion of forest land to non-forest. e) No impact. Please see responses to a. through d. above. Therefore, the project would not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use.
19 Air Quality
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? □ □ ■ □
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard? □ ■ □ □
c) Expose sensitive receptors to substantial pollutant
concentrations? □ ■ □ □
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial amount of people? □ □ ■ □ Evaluation of Environmental Effects
Air Quality and Greenhouse Gas Impact Study was prepared for the NEC Birch Street and E. Los Angeles Street Residential Project, Cesar Chavez Foundation, prepared by RK Engineering Group, Inc., April 2025, included as Appendix A.
a) Less than significant impact. The project is located within the San Joaquin Valley Air Pollution Control District jurisdiction, in the San Joaquin Valley Air Basin (SJVAB). Emission sources because of the project would include both on-site and off-site construction-related work. The project’s annual construction emissions are compared with the SJVAPCD criteria pollutant thresholds of significance and the daily construction emissions are compared with the District’s Ambient Air Quality Analysis Screening Levels. As shown in the tables below, the project did not exceed the SJVAPCD nor the ambient air quality analysis screening thresholds.
Therefore, the project would not conflict with or obstruct implementation of the applicable air quality plan.
As shown in the table below, the SJVAPCD has established specific criteria pollutants thresholds of significance which are the six air pollutants analyzed for this project.
20 SJVAPCD Air Quality Significance Thresholds for Criteria Pollutants Air Pollutant Tons/Year
Carbon Monoxide (CO) 100
Oxides of Nitrogen (NOx) 10
Volatile Organic Compounds (VOC) 10
Sulfur Oxides (SOX) 27
Particulate Matter (PM10) 15
Particulate Matter (PM2.5) 15
RK Engineering Group, Inc 2023.
Construction of the project would result in air pollutant emissions. Emissions from construction would result from fuel combustion and exhaust from equipment as well as vehicle traffic, grading, and the use of toxic materials (e.g., lubricants). The following table provides the estimated annual construction emissions because of the project.
Annual Construction Air Quality Emissions
Maximum Annual Emissions (tons/year)
Year VOC NOx CO SO2 PM10 PM2.5
2026 0.22 1.60 2.60 0.00 0.33 0.14
2027 0.57 0.08 0.13 0.00 0.01 0.00
Maximum1 0.57 1.60 2.60 0.00 0.33 0.14
SJVUAPCD Threshold 10 10 100 27 15 15
Exceeds Threshold (?) No No No No No No
RK Engineering Group, Inc 2023.
1 Maximum annual emission includes both on-site and off-site emissions As shown in the above table, the project’s annual construction emissions will be below the applicable SJVUAPCD criteria air pollutant significance thresholds levels.
Construction Emissions Ambient Air Quality Screening
Maximum Annual Emissions (lbs/day)
VOC NOx CO SO2 PM10 PM2.5
Site Preparation 3.21 29.24 29.64 0.05 9.12 5.13
Grading 1.75 18.20 18.81 0.04 4.34 2.21
Building Construction 1.63 11.14 21.87 0.03 2.08 0.76
Paving 1.23 7.19 10.65 0.01 0.50 0.34
Architectural Coating 55.94 0.94 2.22 0.00 0.33 0.09
Maximum1 55.94 29.24 29.64 0.05 9.12 5.13
SJVUAPCD Screening
Threshold
100 100 100 100 100 100
Exceeds Threshold (?) No No No No No No
RK Engineering Group, Inc 2023.
1 Maximum annual emission includes both on-site and off-site emissions The table above shows that the project’s daily construction emissions will be below the applicable ambient air quality analysis screening thresholds.
21 The project would also result in long-term emissions including both on-site and off-site emissions. The proposed project’s long-term operations emissions are generated from mobile, energy, and area sources as well as from water use and waste generation emissions.
Most of these emissions impacts are from mobile sources traveling to and from the project area.
The following tables show the project’s estimated annual and daily long-term operation emissions.
Annual Operational Air Quality Emissions (tons/year)
Source VOC NOx CO SO2 PM10 PM2.5
Mobile Sources 0.59 0.74 6.31 0.02 1.64 0.43
Energy Sources 0.01 0.21 0.09 0.00 0.02 0.02
Area Sources 0.99 0.09 2.52 0.01 0.24 0.23
Total 1.59 1.04 8.92 0.03 1.90 0.68
SJVUAPCD Threshold 10 10 100 27 15 15
Exceeds Threshold (?) No No No No No No
RK Engineering Group, Inc 2023.
Operational Emissions Ambient Air Quality
Source VOC NOx CO SO2 PM10 PM2.5
Mobile Sources 3.52 4.33 43.13 0.10 9.10 2.5
Energy Sources 0.07 1.14 0.48 0.01 0.09 0.09
Area Sources 9.28 2.18 49.75 0.14 5.73 5.52
Total 12.87 7.65 93.36 0.25 14.92 7.96
SJVUAPCD Threshold 100 100 100 100 100 100
Exceeds Threshold (?) No No No No No No
RK Engineering Group, Inc 2023.
As shown in the above tables, the annual and daily long-term operational emissions are also not predicted to exceed SJVAPCD significance thresholds levels. Given that the project’s short-term construction impact on regional air resources will not exceed SJVAPCD significance thresholds levels, the project would not conflict with or obstruct implementation of the applicable air quality plan. Therefore, the project’s long-term operation impact on regional air resources will be less than significant.
b) Less than significant impact with mitigation incorporated. Under Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI) (SJVAPCD 2015), any project that would have individually significant air quality impacts would also be considered to have significant cumulative air quality impacts. Impacts of local pollutants are cumulatively significant when the combined emissions from the project and other planned projects exceed air quality standards. The following table shows the project’s contribution to cumulative emissions calculated for both Kern County and the greater SJVAB.
22 Cumulative Emissions
ROG NOX CO SOX PM10 PM2.5
Kern County – 2015 22,484 20,842 33,872 511 13,688 3,833 SJVAB – 2015 112,931 96,105 199,509 2,738 95,667 21,681 Proposed project 1.59 1.04 8.92 0.03 1.90 0.68
Proposed project’s % of Kern 0.007% 0.004% 0.02% 0.005% 0.013% 0.017% Reference: RK Engineering Group, Inc. 2023. SJVAB 2015.
As shown in the above table, the project does not pose a significant increase to estimated cumulative emissions for criteria pollutants in nonattainment within Kern County and the greater SJVAB. The project’s regional contribution to cumulative impacts would be negligible (well less than 1% for all pollutants under consideration) and therefore, the project’s contribution is not cumulatively considerable.
Additionally, the GAMAQI, citing California Code of Regulations (CCR) Section15064(h)(3), states on page 66 that “[a] Lead Agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program, including, but not limited to an air quality attainment or maintenance plan that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area in which the project is located” (SJVAPCD 2015).
SJVAPCD Rule 2010 requires any person constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate from the SJVAPCD Air Pollution Control Officer (APCO). The project will comply with this rule by obtaining authorization from APCO prior to commencing construction on the project.
SJVAPCD Rule 2201 requires review and offset of stationary sources of air pollution and no net increase in emissions above specified thresholds from new and modified stationary sources of all nonattainment pollutants and their precursors. This is achieved through the use of mechanisms as approved by the SJVAPCD, such as emission trade-offs by which a permit to construct or operate any source pollution is granted. The project will comply with this rule by demonstrating compliance when obtaining authorization from APCO under Rule 2010. For example, compliance with Rule 2201 may include using Best Available Control Technology and providing emission offsets.
SJVAPCD Rule 4102 protects the health and safety of the public by prohibiting discharge from any source whatsoever of air contaminants that cause injury, detriment, nuisance, or other annoyance to any considerable number of people. The project will comply with this rule by not discharging air contaminants or other materials, which cause injury, detriment, nuisance, or other annoyance to any considerable number of people.
23 SJVAPCD Rule 4601 regulates VOC emissions from architectural coatings by regulating architectural coating storage, cleanup, and labeling requirements. This rule is applicable to any person who supplies, markets, sells, offers for sale, applies, or solicits the application of any architectural coating, or who manufactures, blends, or repackages any architectural coating for use within the SJVAPD. The project will comply with this rule by appropriately storing and disposing of paints and solvents used for architectural coating.
SJVAPCD Rule 9510 requires the reduction of emissions of nitrogen oxides (NOX) and particulate matter smaller than ten microns in aerodynamic diameter (PM10) associated with construction and operational activities of development projects occurring within the San Joaquin Valley. Rule 9510 applies to new development projects that would equal or exceed specific size limits called applicability thresholds (e.g., developing more than 2,000 square feet of commercial space, 25,000 square feet of light industrial space, 10,000 square feet of heavy industrial space, or 50 residential units). The project is subject to SJVAPCD Rule 9510 because it exceeds the applicability threshold of 50 residential or dwelling units. Accordingly, the project must reduce the portion of the emissions occurring during construction and operational phases through on-site measures or pay off-site mitigation fees. The objective of this rule is to reduce construction NOX and PM10 emissions by 20% and 45%, respectively, as well as to reduce operational NOX and PM10 emissions by 33.3% and 50%, respectively, when compared to unmitigated projects. The SJVAPCD uses CalEEMod (California Emission Estimator Model) to estimate emissions of NOX and PM10 for potential land uses. Examples of measures that may be implemented to reduce emissions pursuant to this rule include, but are not limited to, incorporating energy efficiency beyond Title 24 requirements, providing bicycle lanes throughout a project, using cleaner fleet construction vehicles, providing employee incentives for using alternative transportation, and building in proximity to existing or planned bus stops. When a development project cannot reduce its NOX and PM10 emissions to the level required by Rule 9510, then the difference must be mitigated through the payment of an offsite emissions reduction fee. One hundred percent (100%) of all off-site mitigation fees are used by the SJVAPCD to fund emission reduction projects through its Incentives Programs, achieving emission reductions on behalf of the project.
SJVAPCD Regulation VIII- Fugitive PM10 Prohibition requires the project to comply with standard fugitive dust control measures during construction to regulate concentrations PM10.
Regulation VIII requires receipt of a District-approved Dust Control Plan or Construction Notification form before the issuance of the first grading permit. The project will comply with this regulation by implementing mitigation measures as listed above.
The Guidance Manual for Preparation of Health Rick Assessments (HRA Guidelines) adopted by the California Office of Environmental Health Hazard Assessment (OEHHA) provides procedures for the use in the Air Toxic Hot Spots Program or for permitting existing, new, or modified stationary sources (RK Engineering Group, Inc. 2023). The HRA Guidelines provide risk factors based on exposure to toxic substances over a 30-year life span. The project’s construction is not expected to be a long-term source of toxic air contaminant emissions and short-term risks factors have not been developed. Due to the reduced risk from short-term
24 exposure, SJVAPCD does not require the evaluation of long-term cancer risk or chronic health impacts for construction activities due to the project. Therefore, the project will comply with SJVAPCD and HRA Guidelines as the project has implemented mitigated measures to reduce diesel particulate matter during construction activities without the need for a HRA evaluation (RK Engineering Group, Inc. 2023).
Due to the fact that 1) the air quality modeling indicates that the project’s regional contribution to cumulative impacts would be negligible and 2) the project would comply with the requirements of the SJVAPCD attainment plans and rules and mitigation measures which require the applicant to provide proof of such compliance, the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. c) Less than significant impact with mitigation incorporated. Sensitive receptors are defined as locations where young children, chronically ill individuals, the elderly, or people who are more sensitive than the general population reside, such as schools, parks, playgrounds, hospitals, nursing homes, daycare centers, and residential dwelling units. The nearest sensitive receptors to the project site include existing residential dwelling units, single-family residential dwellings, Amelia Cadena Apartments, and medical offices. The closest school is Grow Academy School located approximately 0.9 miles to the west of the project site. The closest hospital is Omni Family Health Walk-in Clinic approximately 0.9 miles to the east, and the closest daycare facility is Shafter Child Development Center approximately 0.9 miles to the west. The project applicant will incorporate mitigation to establish staging areas for the construction equipment that are as distant as possible from adjacent sensitive receptors (residential land uses). By incorporating mitigation, the project’s predicted operational emissions is not expected to affect any on-site sensitive receptors and are not expected to have any adverse impact on any known sensitive receptors. d) Less than significant impact. The SJVAPCD’s GAMAQI states “An analysis of potential odor impacts should be conducted for both of the following two situations:
1. Generators – projects that would potentially generate odorous emissions proposed to locate near existing sensitive receptors or other land uses where people may congregate and
2. Receivers – residential or other sensitive receptor projects or other projects built for the intent of attracting people locating near existing odor sources.
The proposed project is a residential project located near other residential uses. Expected uses are not known to be a source of nuisance odors and are not listed in Table 6 of the SJVAPCD GAMAQI. Therefore, the project is anticipated to have a less-than-significant odor impact. Therefore, the project would not create objectionable odors affecting a substantial number of people.
25 Biological Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? □ ■ □ □ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? □ □ □ ■ c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? □ □ □ ■
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? □ □ ■ □
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? □ □ □ ■
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? □ □ □ ■ Evaluation of Environmental Effects
Biological Resources Evaluation prepared for Shafter Family Apartments, Cesar Chavez Foundation prepared by South Valley Biology Consulting, LLC, March 2025, included as Appendix B.
a) Less than significant with mitigation incorporated. A search of the California Natural Diversity Data Base (CNDDB) and biological field survey consisting of a reconnaissance-level site survey were conducted to identify reported historical occurrences of special-status plants, wildlife species, and sensitive habitats within the project and surrounding areas. The CNDDB identified a total of five special-status wildlife species to occur within a 5-mile radius of the project site. Of the five special-status wildlife species only three were labeled as “possible” to having potential to occur or have been observed in the project and surrounding area. The
26 three identified special-status wildlife speciesinclude the San Joaquin kit fox (Vulpes macrotis mutica), Swainson’s Hawk (Buteo swainsoni), and tricolored blackbird (Agelaius tricolor).
Given the possible presence of the San Joaquin kit fox, Swainson’s Hawk, tricolored blackbird, and migratory birds on the project site or surrounding areas, direct and/or indirect impacts could result in impacts to transient species and therefore, mitigation measures have been implemented for these species. Additionally, general wildlife avoidance mitigation measures have been implemented.
With implementation of mitigation, the project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by CDFW or USFWS.
b) No impact. The CNDDB identified three special-status plant species to occur within 5-miles of the project site, which include the Kern mallow (Eremalche kernensis), San Joaquin woollythreads (Monolopia congdonii), and Hoover’s eriastrum (Eriastrum hooveri). Due to the possible presence of the special-status plant species, a reconnaissance level survey within the entirety of the project site was performed on March 4, 2025, which focused on identifying any sensitive wildlife. The reconnaissance level survey confirmed that the project site consists entirely of non-native ruderal, weedy vegetation apart from a patch of California mustard (Caulanthus lasiophyllus) and Foxtail barley (Hordeum murinum). No special-status plant species listed as either Threatened or Endangered under the Federal Endangered Species Act (FESA) and/or California Endangered Species Act (CESA) were observed within the project site. Additionally, the project does not overlap with any federally designated critical habitats.
The project does not support any riparian or other sensitive natural communities, nor does it overlap with any designated critical habitat. Therefore, the project would have no impact on any riparian habitat or other sensitive natural community. c) No impact. There are no jurisdictional waterways or wetlands present within the project area as identified in the National Hydrography Dataset (NHD) and confirmed during the field survey.
There are no wetlands or water features on or in the vicinity of the project. The project would have no impact on jurisdictional aquatic resources and no mitigation measures are warranted. Therefore, the project would have no impact on federally protected wetlands. d) Less than significant impact. Wildlife movement corridors, also referred to as dispersal corridors or landscape linkages, are generally defined as linear features along which animals can travel from one habitat or resource area to another. Wildlife movement corridors can be large tracts of land that connect regionally important habitats that support wildlife in general, such as stop-over habitat that supports migrating birds or large contiguous natural habitats that support animals with very large home ranges [e.g., coyotes (Canis latrans), mule deer
27 (Odocoileus hemionus californicus)]. They can also be small scale movement corridors, such as riparian zones, that provide connectivity and cover to support movement at a local scale.
The project is not located within any identified wildlife linkages or corridors identified by the California Essential Habitat Connectivity project. No potential wildlife corridors occur within the project area.
The project is not located within a mapped wildlife movement corridor or linkage, and none were observed during the survey (CDFW 2025). The project would not have any impacts to wildlife movement corridors. Therefore, the project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.
e) No impact. The project does not conflict with the adopted 2005 City of Shafter General Plan Update and is not subject to any local ordinances. Therefore, the project would not conflict with any local policies or ordinances protecting biological resources. f) No impact. The project is within the range of the PG&E San Joaquin Valley Operations and Maintenance Habitat Conservation Plan, but this Plan applies only to PG&E operations and maintenance projects and does not apply to this project. Therefore, the project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
28 Cultural Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? □ □ □ ■
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? □ ■ □ □
c) Disturb any human remains, including those interred outside of dedicated cemeteries? □ ■ □ □
Evaluation of Environmental Effects
a) No impact. The site is vacant and therefore, it has been verified in the field that no structures, including potentially historic structures, are located at the project site. Therefore, the project would not cause a substantial adverse change in the significance of a historical resource. b) Less than significant with mitigation incorporated. There are no known archaeological resources at the site. However, there is still the potential to unearth previously unknown archeological resources at the site as grading and other ground-disturbing activities have the potential to damage or destroy such resources. Mitigation requires if prehistoric or historicera cultural materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a qualified archaeologist can evaluate the find and make recommendations. If the qualified archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required, and these additional studies may include avoidance, testing, and evaluation or data recovery excavation.
c) Less than significant with mitigation incorporated. No human remains have been discovered at the project site, and no burials or cemeteries are known to occur within the area of the site. However, construction would involve earth-disturbing activities, and it is still possible that human remains may be discovered, possibly in association with archaeological sites.
Implementation of mitigation that included immediately ceasing work and contacting the County coroner and Native American tribal representatives, if needed, would ensure that the proposed project would not directly or indirectly destroy previously unknown human remains. With mitigation, the project would not disturb any human remains, including those interred outside of dedicated cemeteries.
29 Energy
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? □ □ ■ □ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? □ □ ■ □
Evaluation of Environmental Effects
a) Less than significant impact. Project construction would require temporary energy demands typical of other residential construction projects that occur throughout the state and this development’s construction would not result in inefficient or unnecessary consumption of energy resources beyond typical residential construction. All new construction within the City of Shafter must adhere to modern building standards, including California Code of Regulations Title 24, which outlines energy efficiency standards for new residential and nonresidential buildings to ensure that new buildings do not wastefully, inefficiently, or unnecessarily consume energy. Therefore, the project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation and the impacts are less than significant.
b) Less than significant impact. There is no adopted plan by the City of Shafter for renewable energy or energy efficiency. As discussed in response to a. above, all new development projects within the City are required to adhere to modern building standards related to energy efficiency. Additionally, the City encourages applicants and developers to go beyond the required standards and make their developments even more efficient through programs such as LEED, or Leadership in Energy and Environmental Design, which is a green building rating system that provides a framework to create healthy, highly efficient, and cost-saving green buildings. Other encouraged programs available to applicants and developers are Title 20 appliance energy efficiency standards and 2005 building energy efficiency standards.
Therefore, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency and impacts are less than significant.
30 Geology and Soils
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Directly or indirectly cause potential substantial effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines & Geology Special Publication No. 42. □ □ □ ■
ii. Strong seismic ground shaking? □ □ ■ □
iii. Seismic-related ground failure, including liquefaction? □ □ ■ □ iv. Landslides? □ □ □ ■
b) Result in substantial soil erosion or the loss of topsoil? □ □ ■ □ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? □ □ ■ □
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? □ □ ■ □
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where
sewers are not available for the disposal of wastewater? □ □ □ ■ f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? □ ■ □ □
Evaluation of Environmental Effects
a) The following discusses the potential for the project to expose people or structures to substantial adverse effects because of various geologic hazards. Potential seismic hazards in the planning area involve strong ground shaking, fault rupture, liquefaction, and landslides. i. No impact. The City of Shafter is subject to moderate to severe ground shaking because of the alluvial soils that underlie the area and its proximity to active faults.
Additionally, the thick sedimentary deposits in the City create the likelihood that a strong earthquake or other disturbance in the area could cause ground subsidence (typically a gradual settling or sinking of the ground surface with little or no horizontal movement). The General Plan policy 7.1.1. requires that all new developments comply with the most recent Uniform Building Code’s seismic design standards.
31 The project site is not located within an Alquist-Priolo Earthquake Fault Zone. Per the Department of Conservation, California Geologic Survey Regulatory Maps (DOC 2022), the nearest fault line is the North of Oildale fault, which lies approximately 7 miles east of the project site. The greatest potential for substantial geologic adverse effects in the City is posed by the San Andres Fault, which is located approximately 4 miles west of the Kings County boundary line within Monterey County. The distance from the nearest active faults precludes the possibility of fault rupture on the project site.
Although the project area could potentially experience ground shaking, the magnitude of the hazard would not be severe as indicated by the General Plan and project construction will comply with the applicable local and State requirements.
Therefore, the project would not directly or indirectly cause potential substantial effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault.
ii. Less than significant impact. See response to a. above. The City is surrounded on three sides by active fault systems, several of which are less than 10 miles from the City boundaries. In addition, there are faults outside the San Joaquin Valley, but close enough that a major earthquake could affect Shafter. The General Plan policy 7.1.1. requires that all new developments comply with the most recent Uniform Building Code’s seismic design standards.
The project site lies within the vicinity of five earthquake fault lines – North of Oildale, Oildale, Pond, Oil Center, and Rio Bravo Ranch (DOC 2025). Given the high seismicity of the southern San Joaquin Valley region, moderate to severe ground shaking associated with earthquakes on the nearby faults can be expected within the project area and throughout Kern County. In the event of an earthquake on one of the nearby faults, it is likely that the project would experience ground shaking.
While such seismic shaking would be less severe from an earthquake that originates at a greater distance from the project site, the side effects could potentially be damaging to people or structures. The project is required to design structures and infrastructure to withstand substantial ground shaking in accordance with all applicable State law and applicable codes included in the California Building Code Title 24 for earthquake construction standards and building standards code including those relating to soil characteristics. The projectshall adhere to all applicable local and State regulations to reduce any potentially significant impacts to structures resulting from strong seismic ground shaking at the project site. Therefore, the project would not directly or indirectly cause potential substantial effects, including the risk of loss, injury, or death involving strong seismic ground shaking. iii. Less than significant impact. Liquefaction is defined as a phenomenon where earthquake-induced ground vibrations increase the pore pressure in saturated, granular soils until it is equal to the confining, overburden pressure. When this occurs, the soil can completely lose its shear strength and enter a liquefied state. The
32 possibility of liquefaction is dependent upon grain size, relative density, confining pressure, saturation of the soils, and intensity and duration of ground shaking. For liquefaction to occur, three criteria must be met: “low density,” coarse-grained (sandy) soils, a groundwater depth of less than about 50 feet, and a potential for seismic shaking from nearby large magnitude earthquake.
The USDA-NRCS Web Soil Survey shows that the project site contains Wasco sandy loam at a 0 to 2 percent slope (South Valley Biology Consulting, LLC 2025). The project is relatively flat and level with no major changes in grade. Additionally, the possibility of flooding is rare as the site is in an area of minimal rainfall. Because the project site contains well drained sandy soils, there is a negligible risk of liquefaction occurring at the project site during a seismic event.
Structures constructed as part of the project would be required by State law to be constructed in accordance with all applicable California Building Code and Title 24 construction standards. Therefore, the project would not expose people or structures to potential substantial adverse effects involving seismic-related ground failure, including liquefaction.
iv. No impact. The project site is located on the floor of the San Joaquin Valley, west of the Sierra Nevada foothills. The topography is flat, with an elevation of approximately 250 to 3,700 feet above mean sea level, and no significant topological features. As such, there is no potential for rock fall and landslides to impact the project in the event of a major earthquake, as the area has no significant elevation changes. Based on the predicted maximum horizontal accelerations at the project site and the soil types, minor subsurface settlement may occur onsite during a major earthquake, and this is considered less than significant. The site is flat and there is a low potential for landslides. Therefore, the project would not expose people or structures to potential substantial adverse effects involving landslides.
b) Less than significant impact. The project site contains Wasco sandy loams. Due to the characteristics of the on-site soil types, the relatively flat terrain, and low precipitation (about 4 to 7 inches/annually), implementation of the project would not result in significant erosion, displacement of soils or soil expansion problems. The project would be subject to City ordinances and standards relative to soils and geology. Standard compliance requirements include detailed site-specific soil analysis prior to issuance of building permits and adherence to applicable building codes in accordance with the Uniform Building Code.
Construction of the site would temporarily disturb soils, which could loosen soil, and the removal of vegetation could contribute to future soil loss and erosion by wind and storm water runoff. The project would have to request coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activities (No. 2012-0006-DWQ) (General Permit) because the project would result in one or more acres of ground disturbance. To conform to the requirements of
33 the General Permit, a Storm Water Pollution Prevention Plan (SWPPP) would need to be prepared that specifies best management practices (BMPs) to prevent construction pollutants, including eroded soils (such as topsoil), from moving offsite. Implementation of the General Permit and BMPs requirements would mitigate erosion of soil during construction activities.
During operation, the soils would be sufficiently compacted to required engineered specifications, revegetated in compliance with City requirements, or paved over with impervious surfaces such that the soils at the site would not be particularly susceptible to soil erosion. Therefore, the project would not result in substantial soil erosion or the loss of topsoil.
c) Less than significant impact. See Geology and Soils responses above. As indicated in previous responses, the site is flat and does not have slopes. Additionally, the site is not located near any area with sufficient slope that could result in off-site landslides. Moreover, the project will be designed by an engineer to resist potential side-effects of spreading, subsidence, liquefaction, or collapse. Therefore, the project would not be located on a geologic unit or soil that is unstable, or that would become unstable because of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. d) Less than significant impact. See Geology and Soils responses above. Expansive clay soils are subject to shrinking and swelling due to changes in moisture content over the seasons. These changes can cause damage or failure of foundations, utilities, and pavements. During periods of high moisture content, expansive soils under foundations can heave and result in structures lifting. In dry periods, the same soils can collapse and result in settlement of structures. According to Physical and Chemical Properties of the Soils in the USDA Kern County Soil Survey, the upper five feet of the onsite soil (Wasco sandy loam) is considered to have low shrink-swell or expansion potential. In addition, the site is not located in an area of expansive soil. Compliance with applicable City of Shafter General Plan policies, Municipal Code, and the California Building Code, would reduce potential site-specific impacts to lessthan-significant levels. Therefore, the project would not be located on expansive soil creating substantial risks to life or property.
e) No impact. The project would not require the use of a septic system because the project would connect to the existing City sewer services. Therefore, the project would not result in soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. f) Less than significant with mitigation incorporated. The General Plan confirms that the City of Shafter has received sediments from the Coast Ranges to the west, the Sierra Nevada to the east, and to a lesser degree from activity on the San Andreas Fault system. These sediments contain different species of fossils, reflecting the different periods of deposition. General Plan policy 6.6.3. includes a standard condition of approval for new development projects. The policy requires that if cultural or paleontological resources are encountered during grading,
34 alteration of earth materials in the vicinity of the find be halted until a qualified expert has evaluated the find and recorded identified cultural resources. With implementation of mitigation, the project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
35 Greenhouse Gas Emissions
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment? □ ■ □ □
b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? □ ■ □ □
Evaluation of Environmental Effects
Air Quality and Greenhouse Gas Impact Study was prepared for the NEC Birch Street and E. Los Angeles Street Residential Project, Cesar Chavez Foundation, prepared by RK Engineering Group, Inc., April 2025, included as Appendix A.
a) Less than significant impact with mitigation incorporated. The project would generate an incremental contribution and, when combined with the cumulative increase of all other sources of greenhouse gases (GHG), could contribute to global climate change impacts.
Although the project is expected to emit GHG, the emission of GHG by a single project into the atmosphere is not necessarily an adverse environmental effect. Rather, it is the increased accumulation of GHG from more than one project and many sources in the atmosphere that may result in global climate change. The resultant consequences of climate change can cause adverse environmental effects. A project’s GHG emissions typically would be relatively very small in comparison to state or global GHG emissions and, consequently, they would, in isolation, have no significant direct impact on climate change. Therefore, a project’s GHG emissions and the resulting significance of potential impacts are more properly assessed on a cumulative basis.
According to SJVAPCD’s Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA, a proposed project may utilize Best Performance Standards (BPS) to achieve a less than significant impact from GHG emissions. The BPS have been developed to enforce specific reduction strategies as part of the CEQA process for development projects. Projects that garner at least 29 points are presumed to be consistent with SJVAPCD guidelines. Consistent with CEQA and SJVUAPCD guidelines, such projects would be determined to have a less than significant individual and cumulative impact for GHG emissions.
The project will implement mitigation measures that include quantified measures and nine (9) unquantified BPS measures, for which the SJVUAPCD has not assigned specific point values. These measures include actions like installing electric stoves in residences and
36 increasing land use density beyond nine units per acre. Based on the CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, December 2021, installing only electric stoves could result in up to a 15% reduction in GHG emissions associated with electricity, while increasing land use density above nine units per acre could result in up to a 30% reduction in GHG emissions associated with Vehicle Miles Traveled (VMT) (RK Engineering Group, Inc 2025).
For those reasons, the project’s annual construction and operational GHG emissions shown in the tables below are primarily for disclosure purposes.
Annual Construction Greenhouse Gas Emissions (MT/year)1 Year CO2 CH4 N2O CO2e
2026 546.81 0.02 0.02 553.91
2027 18.66 0.00 0.00 18.76
Total 565.47 0.02 0.02 572.67
Amortized over 30
years
18.85 0.00 0.00 19.09
RK Engineering Group, Inc 2023. 1 MT/year = metric tons per year As shown in the table above, the estimated total GHG emissions during construction will be approximately 572.67 MTCO2e per year, or 19.09 MTCO2e per year when amortized over 30 years. The construction of the project would be temporary; therefore, the project would not consist of a lasting, ongoing source of GHG emissions.
Additionally, GHG emissions are estimated for on-site and off-site operational activity using CalEEMod. The table below shows the project’s estimated generation and usage of GHG emissions from mobile, energy, area, water, waste, and refrigerant sources.
Annual Operational Greenhouse Gas Emissions (MT/year)1
Emission Source CO2 CH4 N2O CO2e
Mobile 1,641.13 0.05 0.06 1,663.77
Energy 329.10 0.04 0.00 330.66
Area 105.46 0.17 0.00 109.65
Water 5.19 0.23 0.01 12.58
Waste 11.47 1.15 0.00 40.15
Refrigerant -- -- -- 0.20
30-year Construction
Amortization 18.85 0.00 0.00 19.09
Total 2,111.21 1.63 0.07 2,176.10
RK Engineering Group, Inc 2023.
1 MT/year = metric tons per year
As shown in the table above, the estimated annual operational GHG emissions will be 2,176.02 MTCO2e per year, including operational emissions and amortized construction.
37 By complying with the implemented mitigation measures, mandatory requirements of the latest 2022 California Building Code, including Title 24, Part 11, CALGreen, and Title 24, Part 6, Energy Code, the project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment.
b) Less than significant impact with mitigation incorporated. See response to a. above. The project will be required to comply with the mandatory requirements of the latest 2022 California Building Code, including Title 24, Part 11, CALGreen, and Title 24, Part 6, Energy Code. The purpose of the building standards is to reduce negative environmental impacts through planning and design, energy, efficiency, water efficiency and conservation, and material and resource conservation. As the California Building Standards were developed to help meet the requirements of the Global Warming Solutions Act (AB 32), which was adopted to reduce California’s GHG emissions by achieving the maximum technologically feasible and cost-effective GHG emission reductions. Therefore, by complying with the California Building Standards Code and implemented mitigations, the project would not conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of GHG.
38 Hazards and Hazardous Materials
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? □ □ ■ □
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the
environment? □ □ ■ □
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? □ □ □ ■
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
§65962.5 and, as a result, would it create a significant hazard to the public or the environment? □ □ □ ■
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? □ □ □ ■ f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? □ □ ■ □
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? □ □ ■ □ Evaluation of Environmental Effects
a) Less than significant impact. The project proposes to develop 174 multi-family units and would not involve the routine transport, use, or disposal of hazardous materials as defined by the Hazardous Materials Transportation Uniform Safety Act. However, construction activities would require transport, storage, use, and/or disposal of hazardous materials such as fuels and grease for the fueling/servicing of construction equipment, and there is the potential for upset and accident conditions that could release such material into the environment. Such substances would be stored in temporary storage tanks/sheds that would be located at the site. Although these types of materials are not acutely hazardous, they are classified as hazardous materials and create the potential for accidental spillage, which could expose construction workers. All transport, storage, use, and disposal of hazardous materials used in the construction of the project would be in strict accordance with federal and state laws and regulations. During construction of the project, Material Safety Data Sheets (MSDS)
39 for all applicable materials present at the site would be made readily available to onsite personnel. During construction, non-hazardous construction debris would be generated and disposed of at approved facilities for handling such waste. Also, during construction, waste disposal would be managed using portable toilets located at reasonably accessible onsite locations.
Although the project operation will require day-to-day maintenance activities, it would not involve the routine transport, use, or disposal of hazardous materials as defined by the Hazardous Materials Transportation Uniform Safety Act. Maintenance of the residential buildings would require the transport, storage, use, and/or disposal of household hazardous materials such as paints, cleaners, oils, batteries, and pesticides. Building tenants are required to follow any instructions for use and storage provided on product labels carefully to prevent any accidents in the living space. Users should also read product labels for disposal directions to reduce the risk of products exploding, igniting, leaking, mixing with other chemicals, or posing other hazards on the way to a disposal facility. Therefore, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
b) Less than significant impact. Please refer to response a. above. Therefore, the project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous material into the environment.
c) No impact. The closest schools to the project site are Golden Oak Elementary and Grow Academy located approximately 1.5 miles west of the site. Given the distance and the intervening uses, there is very limited potential for the project to affect the schools in the vicinity. Therefore, the project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school.
d) No impact. According to the EnviroStor and Cortese lists pursuant to Government Code (GC) Section 65962.5, no portion of the project site is identified on either list, which provides the location of known hazardous waste concerns (EnviroStor 2025). Therefore, the project would not be located on a site which is included on a list of hazardous materials sites compiled pursuant to GC Section 65962.5 and, as a result, create a significant hazard to the public or the environment.
e) No impact. The project is not located within the adopted Airport Land Use Plan for Minter Airport (Shafter 2005). The closest airport is Minter Airport located approximately 6 miles east of the project site. Therefore, the project would not result in a safety hazard for people residing or working in the project area because of a public airport or public use airport. f) Less than significant impact. The City maintains an emergency plan for response to disasters, including but not limited to earthquakes, floods, fires, hazardous spills or leaks, major
40 industrial accidents, major transportation accidents, major storms, airplane crashes, civil unrest, and national security emergencies. In a disaster, the City could experience significant casualties, property damage, and utility service interruptions, potentially exceeding the response capabilities of both the City and the County. The plan outlines the general authority, organization, and response actions for City staff to undertake, in compliance with existing law, when disasters happen. The objectives of the plan are to reduce loss of life, injury, and property losses through effective management of emergency forces (Shafter 2005). The emergency plan includes objectives and policies that would prevent new development from interfering with emergency response of evacuation plans. The project will comply with all local regulations related to the construction of new development that is consistent with the emergency plan. The project would also comply with the appropriate local and State requirements regarding emergency response plans and access. The proposed project would not inhibit the ability of local roadwaysto accommodate emergency response and evacuation activities. Therefore, the project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. g) Less than significant impact. According to the Fire Hazard Severity Zone Viewer, the project is located outside the State Responsibility Area severity zones (Cal Fire 2024). Additionally, the City maintains an emergency plan for response to disasters, including fires. The objectives of the plan are to reduce loss of life, injury, and property losses through effective management of emergency forces (Shafter 2005). The emergency plan includes objectives and policies that would prevent new development from interfering with emergency response of evacuation plans. The project will comply with all local regulations related to the construction of new development that is consistent with the emergency plan. The project would also comply with the appropriate local and State requirements regarding emergency response plans and access. The proposed project would not inhibit the ability of local roadways to accommodate emergency response and evacuation activities. Therefore, the project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.
41 Hydrology and Water Quality
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? □ □ ■ □
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the
basin? □ □ ■ □
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site; □ □ ■ □ ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding
on- or off-site; □ □ ■ □
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage system or provide substantial additional sources of polluted runoff; or □ □ ■ □
iv. Impede or redirect flood flows? □ □ ■ □
d) In flood hazard, tsunami, or seiche zones, risk of release of pollutants due to project inundation? □ □ □ ■
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? □ □ ■ □ Evaluation of Environmental Effects
a) Less than significant impact. As discussed in Geology and Soils above, the project site’s soil type has a low-to-medium susceptibility to sheet and rill erosion by rainfall and a low susceptibility to wind erosion at the ground surface. Disturbance of onsite soils during construction could result in soil erosion and siltation, and subsequent water quality degradation through increased turbidity and sediment deposition during storm events to offsite locations. Additionally, disturbed soils have an increased potential for fugitive dust to be released into the air and carried offsite. As described in Geology and Soils, the project would be required to comply with the General Permit. To conform to the requirements of the General Permit, a SWPPP would need to be prepared that specifies BMPs to prevent construction pollutants from moving offsite. The project is required to comply with the General Permit because project-related construction activities would disturb at least 1 acre
42 of soil. The City owns and maintains a municipal separate storm sewer system (MS4). The project’s operational urban storm water discharges are covered under the Central Valley Water Resources Quality Control Board (CVRWQCB) National Pollutant Discharge Elimination System Permit and Waste Discharge Requirements General Permit for Discharges from Municipal Separate Storm Sewer Systems (Order No. R5-2016-0040-018; NPDES No.
CAS0085324) (MS4 Permit) (CVRWQCB 2024). The MS4 Permit mandates the implementation of a storm water management framework to ensure that water quality is maintained within the City because of operational storm water discharges throughout the City, including the project site. By complying with the General Permit and MS4 Permit, the project would not violate any water quality standards or waste discharge requirements. Therefore, the project would violate any water quality standards or waste discharge requirements. b) Less than significant impact. A large groundwater basin covering over 1.7 million acres underlies most of the southern San Joaquin Valley, including the City, and has been providing water for the area since the early 1900s. This basin is replenished by the natural runoff from the Sierra Nevada, as well as through percolation from the many irrigation canals that import water into the area from other regions of the State. The City’s drinking water is derived from the aquifers within the basin and is pumped to the surface by a system of groundwater wells operated by the City. The City owns and operates its own public water system, including groundwater wells, above-ground water storage tanks with booster stations, an aboveground tank and booster plant, and water distribution lines (City of Shafter 2005).
Under the Urban Water Management Planning Act, every urban water supplier that provides water for municipal purposes to more than 3,000 customers or supplies more than 3,000 acre-feet of water annually is required to prepare and adopt an Urban Water Management Plan (UWMP) every five years (Shafter 2021). The UWMP serves as a foundational document and source of information for Water Supply Assessments (Senate Bill 610) and Written Verifications of Water Supply (Senate Bill 221), as it includes a 25-year projection of water demand and supply under both wet and dry year scenarios.
Given that the project is a residential development and may result in population growth, the City’s 2020 UWMP has incorporated the project’s anticipated population increase into its demand projections. Based on these projections, it was concluded that the City has sufficient existing water supply capacity to serve the proposed development. By State law, current UWMP do not need to address the Sustainable Groundwater Management Act (SGMA) or sustainable groundwater management currently. Prior to obtaining a building permit, the applicant will have to obtain a water will-serve letter. As a result, the project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level.
c) The following discusses whether the project would substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces.
43 i. Less than significant impact. The project site does not contain any blue-line streams or other surface water features and therefore, the project would not alter the course of a river or stream. The project site would be graded and, as a result, the internal drainage pattern at the site would be altered from the baseline condition.
Additionally, the project would result in increased impervious surfaces (i.e., building pads, sidewalks, asphalt parking area, etc.) at the site, which would reduce percolation to ground and result in greater amounts of storm water runoff concentrations at the site. If uncontrolled, differences in drainage patterns and increased impervious surfaces could result in substantial erosion or siltation on- or off-site. However, the project would be required to comply with the General Permit during construction and MS4 permit during operation. To comply with the MS4 Permit, the City requires compliance with adopted building codes, including complying with an approved drainage plan, which avoids on- and offsite flooding, erosion, and siltation problems. Therefore, the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or offsite.
ii. Less than significant impact. Refer to response c.i above. Therefore, the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or offsite. iii. Less than significant impact. Referto response c.i. above. Therefore, the project would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff.
iv. Less than significant impact. Construction activities could potentially degrade water quality through the occurrence of erosion or siltation at the project site.
Construction of the project would include soil-disturbing activities that could result in erosion and siltation, as well as the use of harmful and potentially hazardous materials required to operate vehicles and equipment. The transport of disturbed soil or the accidental release of potentially hazardous materials could result in water quality degradation. The project would be required to comply with the NPDES Construction General Permit. Additionally, a SWPPP would be prepared to specify BMPs to prevent construction pollutants. The project would not otherwise substantially degrade water quality.
44 The project site is located outside the 500-year floodplain and is not located within a 100-year flood hazard area (FEMA 2024). Therefore, the project would not impede or redirect flood flows.
d) No impact. As noted above, the project site is not within a FEMA flood hazard zone, nor is it located near the ocean or a steep topographic feature (i.e., mountain, hill, bluff, etc.).
Tsunamis are waves generated in oceans from seismic activity. Due to the inland location of the site, tsunamis are not considered a hazard for the site. Therefore, there is no potential for the site to be inundated by tsunami or mudflow.
A seiche is a wave generated by the periodic oscillation of a body of water whose period is a function of the resonant characteristics of the containing basin as controlled by its physical dimensions. There is no body of water within the vicinity of the project site. There is no potential for inundation of the project site by seiche.
There are no nearby levees that would be susceptible to failure or flooding of the site.
Therefore, the project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding because of the failure of a levee. e) Less than significant impact. Refer to a. through d. responses above. The Project would not conflict with or obstruct the implementation of any water quality control plan. The Project would be subject to the requirements of the NPDES Stormwater Program and would be required to comply with a SWPPP. The SWPPP would identify all potential sources of pollution that could affect stormwater discharges from the project site and specify BMPs to prevent significant impacts related to stormwater runoff. Moreover, the project is within the jurisdiction of the Kern County Subbasin Groundwater Sustainability Agency (GSA). The Groundwater Sustainability Plan (GSP) was adopted by the Kern County Subbasin GSA in December 2024 (Kern County GSP 2024). The project would not conflict with or obstruct the implementation of this GSP. Therefore, the project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
45 Land Use and Planning
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Physically divide an established community? □ □ □ ■
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating and environmental effect? □ □ ■ □ Evaluation of Environmental Effects
a) No impact. The project does not include the construction of roads or any other physical barrier. The project includes the development of 174 multi-family units and is adjacent to existing multi-family development. The project is a continuation of the existing urban development pattern of the City, therefore, the project would not physically divide an established community.
b) Less than significant impact. The proposed project requires a GPA and ZC to be consistent with the General Plan land use designation and the zoning classification. The GPA would change the land use designation and zoning classification from low-density residential to medium high-density residential to allow the development of 174 multi-family units. If a GPA and ZC are approved by the City, the project would be consistent with the General Plan land use designation and the zoning classification. Therefore, the project would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect.
46 Mineral Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? □ □ □ ■
b) Result in the loss of availability of a locally important mineral resource recovery site that is delineated in a local general plan, specific plan or other land use plan? □ □ □ ■
Evaluation of Environmental Effects
a) No impact. The California Department of Conservation, Geological Survey classifies lands into Aggregate and Mineral Resource Zones (MRZs) based on guidelines adopted by the California State Mining and Geology Board, as mandated by the Surface Mining and Reclamation Act of 1974. These MRZs identify whether known or inferred significant mineral resources are present in areas. Lead agencies are required to incorporate identified MRZs resource areas delineated by the State into their General Plans. The principal mineral resources within the City are oil and natural gas. The southern portion of Kern County is a major oil producing region, with oil fields extending into the southern portion of Shafter’s Planning Area (Shafter 2005).
No oil or gas resources have been identified in or extracted from the project site. According to the California Geologic Energy Management Division (CalGEM) [formerly called Division of Oil, Gas and Geothermal Resources (DOGGR)], the project site is not located in an identified oilfield and there are no known wells located on the site (CalGEM 2025). The proposed project would not result in the loss of availability of mineral resources as the project does not propose the extraction of mineral resources. Additionally, the proposed project would not restrict the ability of mineral rights’ holders in the area to exercise their legal rights to access surrounding sites for the exploration and/or extraction of underlying oil research or other natural resources. Therefore, the project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. b) No impact. As noted above, the project is not designated as a mineral recovery area. The project would not alter any existing plans that protect mineral resources. As a result, the proposed project would not interfere with known mining operations and would not result in the loss of land designated for mineral and petroleum. Therefore, the project would not result in the loss of availability of a locally important mineral resource recovery site that is delineated in a local general plan, specific plan or other land use plan.
47 Noise
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? □ □ ■ □ b) Generation of excessive ground-borne vibration or groundborne noise levels? □ □ ■ □ c) For a project within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? □ □ □ ■
Evaluation of Environmental Effects
Noise Impact Study prepared for the NEC Birch Street and E. Los Angeles Street Residential Project, Cesar Chavez Foundation, prepared by RK Engineering Group, Inc., October 2023, included as Appendix C.
a) Less than significant impact. The project’s construction would generate temporary increases in noise levels. The General Plan Section 7.7 requires exterior noise levels in residential zones to be maintained at 60 to 65 decibels utilizing site and architectural design features to mitigate noise impacts when feasible (Shafter 2005). Therefore, a roadway noise impact analysis was performed to determine if a significant impact would occur if noise levels exceed the applicable noise standards and the project results in an increase of 3.0 dBA or more above “Without Project” conditions. It is assumed that all homes in the vicinity of the project site are equipped with fresh air supply or air conditioning systems and thus a windows closed condition is applicable. Additionally, a change of 3 dBA is considered barely perceptible by the average health human ear (RK Engineering Group, Inc 2023). As a result, the project will not cause a significant permanent increase in roadway noise levels along adjacent roadways.
The project would not generate substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. b) Less than significant impact. The project is expected to create temporary ground-borne noise and vibration because of the construction activities (during site preparation and grading).
Ground-borne noise is due to construction equipment used during the phases of construction, including site preparation, grading, building, construction, paving, and architectural coating. Noise levels are calculated based on the average distance of equipment
48 over a 1-hour period to the nearest adjacent property (RK Engineering Group, Inc. 2023). The project’s estimated construction noise levels have been calculated using the Federal Highway Administration Roadway Construction Noise Model Version 1.1. The table below shows the noise level impacts from the center of the nearest plot to the nearest sensitive receptor property line.
Project Construction Noise Levels at 360 Feet
Phase Equipment Quantity Equipment Noise
Level at 360 feet
(Dba Leq)
Combined
Noise Level
Dba Leq)
Site Preparation Tractors/Loaders/Backhoes 2 66.9 69.9
Grading
Graders 1 67.9
70.4 Tractors/Loaders/Backhoes 1 66.9
Building Construction Tractors/Loaders/Backhoes 2 66.9 69.9 Paving Rollers 2 67.9 70.9
Architectural Coating Air Compressors 1 60.6 60.7
Worst Case Construction Phase Noise Level Criteria (Dba Leq) 70.9 FTA Daytime General Assessment Construction Noise Criteria (dBA Leq) 90.0 Noise level exceed FTA criteria? No
As shown in the table above, the project is expected to generate a maximum noise level of
70.9 dBA. Therefore, the project’s construction noise levels will not exceed the Federal Transit Administration General Assessment Construction Noise Criteria threshold (RK Engineering Group, Inc. 2023).
Additionally, the project also performed a construction vibration assessment, which utilized the vibration levels and methodology determined by the 2018 Transit Noise and Vibration Impact Assessment Manual, Federal Transit Administration (FTA 2018). The table below shows the Federal Transit Administration referenced vibration levels (RK Engineering Group, Inc 2023).
49 Typical Construction Vibration Levels
Equipment
Peak Particle Velocity
(PPV) (inches/second) at
25 feet
Approximate Vibration Level at
25 feet
Piledriver (impact), upper range 1.518 112
Piledriver (impact), typical 0.644 104
Piledriver (sonic), upper range 0.734 105
Piledriver (sonic), typical 0.170 93
Clam shovel drop (slurry wall) 0.202 94
Hydro mill 0.008 66
(slurry wall) 0.017 75
Vibratory Roller 0.210 94
Hoe Ram 0.089 87
Large bulldozer 0.089 87
Caisson drill 0.089 87
Loaded trucks 0.076 86
Jackhammer 0.035 79
Small bulldozer 0.003 58
The following table shows the project’s construction related vibration at the nearest structures to the project area. The distance between the construction area to the nearest structure is 58 feet.
Construction Vibration Impact Analysis
Construction Activity Calculated Vibration Level –
PPV (in/sec) Annoyance Criteria Level
Large Bulldozer 0.035 Barely Perceptible
Vibratory Roller 0.083 Barely Perceptible
Loaded Trucks 0.030 Barely Perceptible
*Distance to Nearest Structure 58 feet
Based on the tables above, the project related construction activity is not expected to cause any potential damage to the nearest structures (RK Engineering Group, Inc 2023). Therefore, the project would not expose persons to or generation of excessive ground-borne vibration or ground-borne noise levels.
c) No impact. As noted in the Hazards and Hazardous Materials section, the project is not located within the adopted Airport Land Use Plan for Minter Airport (Shafter 2005). The nearest airport to the project site is the Minter Field Airport Districted located approximately 4 miles east from the project site. Therefore, the project would not expose people residing or working in the project area to excessive noise levels for a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport.
50 Population and Housing
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project;
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? □ □ ■ □
b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? □ □ □ ■ Evaluation of Environmental Effects
a) Less than significant impact. The project includes the development of new housing to accommodate the housing demand and provide housing to farmworker families, as stated the project does not include any new roads. According to the California Department of Finance the City’s reported population on January 2023 was 21,309 and on January 2024 was 22,226, which showed a population increase of 4.3 percent (DOF 2024). If this positive trend continues, the population in the City will continue to increase and will require more housing.
As stated, the project would assist with the need for housing in the City and would not induce substantial unplanned population growth in the area, either directly or indirectly. b) No impact. The projectsite is undeveloped and will not involve demolition of existing housing and will not require the construction of replacement housing elsewhere. Therefore, the project would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere.
51 Public Services
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire protection? □ □ ■ □
ii. Police protection? □ □ ■ □
iii. Schools? □ □ ■ □
iv. Parks? □ □ ■ □
v. Other public facilities? □ □ ■ □
Evaluation of Environmental Effects
a) The following discusses whether the project would result in substantial adverse physical impacts to public services. The need for additional public service is generally directly correlated to population growth and the resultant additional population’s need for services beyond what is currently available.
i. Less than significant impact. The construction and operation of the project would result in an increase in demand for fire protection services leading to the construction of new or physically altered facilities. Under contract with the City of Shafter, fire suppression support is provided by the Kern County Fire Department located at 325 Sunset Avenue.
The City of Shafter will ensure that construction activities are conducted in accordance with local and State fire codes. Services are adequately planned for within the City’s General Plan through policies to ensure the City maintains the fire department’s performance and response standards by allocating the appropriate resources. As stated, the project applicant is responsible for the development impact fees and constructing any infrastructure needed to serve the project. Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times or other performance objectives for fire protection.
52 ii. Less than significant impact. Law enforcement and public protection are provided by the City of Shafter Police Department. The City’s police station is located at 201 Central Valley Hwy. The project would increase demand for public safety protection as the project is a residential development. However, the project applicant is responsible for the development impact fees and constructing any infrastructure needed to serve the project. Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times or other performance objectives for police protection.
iii. Less than significant impact. The project would impact on school facilities as the project is a residential development. However, the project would accommodate population growth and provide affordable housing to local families. Additionally, the project applicant is responsible for the school impact fees and constructing any infrastructure needed to serve the project. Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times or other performance objectives for schools.
iv. Less than significant impact. The project would impact on parks and recreation facilities. However, the project applicant is required to pay recreation impact fees.
Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times or other performance objectives for parks. v. Less than significant impact. The project would impact on other public facilities such as libraries, hospitals, or emergency medical facilities. However, the project applicant is responsible for development impact fees and constructing any infrastructure needed to serve the project. The proposed project would comply with the objectives and policies of the General Plan. Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, to maintain acceptable service ratios, response times or other performance objectives for other public facilities.
53 Recreation
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? □ □ ■ □ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? □ □ □ ■ Evaluation of Environmental Effects
a) Less than significant impact. The project could potentially increase the use of existing neighborhood and regional parks; however, the project applicant is required to pay development impact fees, which allows the City to upgrade, expand, or upkeep existing neighborhood and regional parks. Therefore, the project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would not occur or be accelerated. b) No impact. As discussed in this MND, with mitigation, the development of 174 multi-family units would not have an adverse physical effect on the environment. Therefore, the project would not include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment.
54 Transportation/Traffic
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? □ □ ■ □
b) Conflict or be inconsistent with CEQA Guidelines §15064.3, subdivision (b)? □ □ ■ □
c) Substantially increase hazards due to a geometric design feature (for example, sharp curves or dangerous intersections) or incompatible uses (for example, farm equipment)? □ □ ■ □ d) Result in inadequate emergency access? □ □ ■ □
Evaluation of Environmental Effects
A Traffic Impact Study was prepared for the NEC Birch Street and E. Los Angeles Street MultiFamily Residential Project, Cesar Chavez Foundation, prepared by RK Engineering Group, Inc., October 2023, included as Appendix D.
a) Less than significant impact. The City has not finalized or adopted any policies or methodologies for VMT analysis. As such, the California Governor’s Office Land Use and Climate Innovation (LCI) formally known as the Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA will be used as a basis for this project’s VMT analysis and provides screening criteria that lead agencies can apply to effectively screen projects from project-level assessment.
As stated, the project proposes the construction of 174 affordable housing units. The OPR Advisory recognizes that affordable housing projects typically generate lower VMT than market-rate housing, and a project consisting of a high percentage of affordable housing may be a basis for the lead agency to find a less significant impact on VMT. Adding affordable housing to infill locations generally improves jobs-housing match, in turn shortening commutes and reducing VMT. Evidence supports a presumption of a less than significant impact for a 100% affordable residential development in infill locations. Because the project consists of 100% affordable housing, the project may be presumed to have a less-thansignificant impact on VMT and no further VMT analysis would be required (RK Engineering Group, Inc., 2023). Therefore, the project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.
b) Less than significant impact. See response to a. above. The project consists of 100% affordable housing, therefore, the project may be presumed to have a less than significant
55 impact on VMT and not further VMT analysis would be required (RK Engineering Group, Inc., 2023). As stated, the project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b).
c) Less than significant impact. The project will be designed to current standards and safety regulations. All site access/egresses will be constructed to comply with design and safety standards of Chapter 33 of the California Building Codes and the guidelines of Title 24 to create safe and accessible roadways. Vehicles exiting the site will be provided with a clear view of the roadway without obstructions. Landscaping associated with the entry driveways could impede such views, if improperly installed. Specific circulation patterns and driveway designs will incorporate all applicable safety measures to ensure that hazardous design features or inadequate emergency access to the site or other areas surrounding the project area will not occur. Therefore, the project would not substantially increase hazards due to a design feature or incompatible uses.
d) Less than significant impact. See response to c. above. The project would be required to comply with all emergency access requirements adopted and set forth in the City of Shafter Municipal Code. These requirements and all others required to be included in the project design will be verified by the City prior to project approval. Therefore, the project would not result in inadequate emergency access.
56 Tribal Cultural Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code §21074 as either a site, feature, place, cultural landscape that is geographically defined in the terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code §5020.1(k), or □ □ □ ■ b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code §5021.1. In applying the criteria set forth in subdivision (c) of Public Resources Code §5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. □ □ □ ■
Evaluation of Environmental Effects
a) No impact. There are no sites, features, places, cultural landscapes that are geographically defined in the terms of the size and scope of the landscape, sacred places, or objects with cultural value to a California Native American tribe located on the site. Therefore, the project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed in the California Register of Historical Resources or in a local register of historical resources.
b) No impact. See response to a. above and in the Cultural Resources section. Therefore, the project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant.
57 Utilities and Service Systems
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater
drainage, electrical power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? □ □ ■ □
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during
normal, dry, and multiple dry years? □ □ ■ □
c) Result in the determination by the wastewater treatment provider which serves or may serve the project that is has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? □ □ ■ □ d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? □ □ ■ □ e) Comply with federal, state, and local management and reduction statutes and regulation related to solid waste? □ □ □ ■ Evaluation of Environmental Effects
a) Less than significant impact. Refer to Geology and Soils and Hydrology and Water Quality responses above regarding potable and irrigation water, wastewater, and stormwater. The above analysis concluded that the project would not require the relocation or construction of new or expanded facilities for potable and irrigation water, wastewater, and stormwater facilities.
The Pacific Gas and Electric Company (PG&E) provides electricity to the City. The existing trunk and transmission facilities are adequate to meet present and projected demand for the project site. The project will connect to the existing PG&E transmission lines for electrical power, but lighting would be minimal.
The City is served by multiple telecommunication providers such as AT&T, Spectrum, TMobile, ATel Communications, and Municipal Fiber Network.
No natural gas is proposed for the project.
Therefore, the project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas,
58 or telecommunications facilities, the construction or relocation of which could cause significant environmental effects.
b) Less than significant impact. Refer to the Hydrology and Water Quality responses above.
Therefore, the project has sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years. c) Less than significant impact. The project will connect to the City’s sewer mains and wastewater will be treated at the wastewater treatment plant owned and operated by the North of the River (NOR) Sanitary District which is in a Joint Powers Agreement with the City.
The wastewater treatment plant is currently designing an upgrade and expansion for additional treatment capacity. The wastewater treatment capacity will increase from 7.5 million gallons per day to 10 million gallons per day (NORSD 2025). Therefore, it has been determined by the wastewater treatment provider which serves or may serve the project has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.
d) Less than significant impact. Two franchise haulers, American Refuse and Varner Brothers, serve properties in the City. American Refuse is the franchise hauler within the city core area and will provide service to the proposed project. Solid waste that is collected is disposed of at the Shafter/Wasco Landfill and the Bakersfield Metropolitan (Bena) Landfill. These landfills are owned and operated by the Kern County Waste Management Department. The Shafter/Wasco Landfill is the City’s primary landfill, while the Bena Landfill accepts some refuse from industrial uses within the City. Both facilities are designated as Class III landfills and have the capacity to serve projected solid waste disposal needs through December 2053 and April 2046, respectively. Implementation of the project would result in the generation of solid waste on the project site, which would increase the demand for solid waste disposal.
During construction these materials, which are not anticipated to contain hazardous materials, would be collected and transported away from the site. The project, in compliance with federal, State, and local statutes and regulations related to solid waste, would dispose of all waste generated onsite at an approved solid waste facility. Additionally, prior to obtaining a building permit, the applicant will have to obtain a landfill will-serve letter.
Therefore, the project would be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs.
e) No impact. See response to d. above. The 1989 California Integrated Waste Management Act (AB 939) requires Kern County to attain specific waste diversion goals. In addition, the California Solid Waste Reuse and Recycling Access Act of 1991, as amended, requires expanded or new development projects to incorporate storage areas for recycling bins into the project design. The reuse and recycling of construction debris would reduce operating expenses and save valuable landfill space. As stated above, the Shafter/Wasco Landfill is the City’s primary landfill, while Bena Landfill accepts some refuse from industrial uses within the City. Both facilities have the capacity to serve projected solid waste disposal needs through
59 2056 and 2046, respectively. Therefore, the project would comply with federal, state, and local management and reduction statutes and regulation related to solid waste.
60 Wildfires
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
If located in or near state responsibility areas or areas classified as very high hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? □ □ ■ □
b) Due to slope, prevailing winds, or other factors, exacerbate wildfire risk, and thereby expose project occupants to, pollutant concentrations from a wildfire or uncontrolled spread of wildfire? □ □ ■ □
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? □ □ □ ■
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? □ □ □ ■ Evaluation of Environmental Effects
a) Less than significant impact. See Hazards and Hazardous Materials section regarding emergency response. According to data from the Cal Fire, there are no fire hazard severity zones on the project site or within the City boundaries (CalFire 2024). As noted previously, the City of Shafter maintains an emergency plan for response to disasters, including fires. The objectives of the plan are to reduce loss of life, injury, and property losses through effective management of emergency forces (Shafter 2005). The emergency plan includes objectives and policies that would prevent new development from interfering with emergency response of evacuation plans. The project will comply with all local regulations related to the construction of new development that is consistent with the emergency plan. The project would also comply with the appropriate local and State requirements regarding emergency response plans and access. The proposed project would not inhibit the ability of local roadways to accommodate emergency response and evacuation activities. Therefore, the project would not substantially impair an adopted emergency response plan or emergency evacuation plan.
b) Less than significant impact. The project site is in a region dominated by residential and agricultural uses. The topography of the area is flat. The project would install the required infrastructure to meet water supply demands for fire protection services. Development of the project will not increase the need for fire protection services or expand the service area of the local Fire Department, and the project will comply with all applicable fire codes and
61 regulations. Therefore, the project would not exacerbate wildfires and expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire due to slope, prevailing winds, and other factors.
c) No impact. The Pacific Gas and Electric Company (PG&E) provides electricity to the City. The existing trunk and transmission facilities are adequate to meet present and projected demand to the project site. The project will connect to the existing PG&E transmission lines for electrical power. Therefore, the project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.
d) No impact. The site is topographically flat land, as is the surrounding area. There are no slopes on or near the property and the project would not expose the people or structures to significant risks from downslope or downstream flooding or landslides due to a result of runoff, post fire instability or drainage changes. According to FEMA Flood Insurance Rate Maps the project is within an area of minimal flood hazards (FEMA 2024). Therefore, the project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.
62 Mandatory Findings of Significance
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Mandatory Findings of Significance:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? □ ■ □ □
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“cumulatively considerable” means that the incremental effects of a project are
considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) □ ■ □ □
c) Does the project have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly? □ ■ □ □
Evaluation of Environmental Effects
a) Less than significant with mitigation incorporated. As evaluated in this document, the project would not substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below selfsustaining levels; threaten to eliminate a plant or animal community; reduce the number or restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major periods of California history or prehistory. With implementation of the mitigation measures recommended in this document, the project would not have the potential to degrade the quality of the environment, significantly impact biological resources, or eliminate important examples of the major periods of California history or prehistory.
Therefore, with the following mitigation measures the project would have a less than significant impact. Therefore, the project, with the implementation of the identified conditions of approval, best management practices, and mitigation measures, would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory.
63 b) Less than significant impact with mitigation incorporated. As described in the impact analyses in this document, any potentially significant impacts of the project would be reduced to a less-than-significant level through implementation of the project as described and by mitigation measures. The project would not otherwise combine with impacts of related development to add considerably to any cumulative impacts in the region. With mitigation, the proposed project would not have impacts that are individually limited, but cumulatively considerable. Therefore, the project would have a less than cumulatively considerable impact with mitigation incorporated. There is no substantial evidence that with the implementation of the identified conditions of approval, best management practices, and mitigation measures, there are any cumulative effects associated with this project. c) Less than significant with mitigation incorporated. All the project’s impacts, both direct and indirect, that are attributable to the project were identified and mitigated. The project mitigation measures will substantially reduce or eliminate impacts of the project. Therefore, the project, with mitigation, would not have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly.
64 BIBLIOGRAPHY
1. Cal Fire. 2024. California Fire Hazard Severity Zones Viewer Map.
Available:<https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-andmitigation/fire-hazard-severity-zones/fire-hazard-severity-zones-maps>.
2. CalGEM. 2025. Well Finder. Available:
<https://maps.conservation.ca.gov/doggr/wellfinder/>.
3. Caltrans (California Department of Transportation). 2025. California State Scenic Highway Mapping System. Available: <https://dot.ca.gov/programs/design/lap-landscapearchitecture-and-community-livability/lap-liv-i-scenic-highways>.
4. CDFW (California Department of Fish and Wildlife). 2025. California Essential Habitat Connectivity. Available:< https://data.ca.gov/dataset/essential-connectivity-areascalifornia-essential-habitat-connectivity-cehc-ds620>.
5. DOC (California Department of Conservation). 2022. California Important Farmland Finder.
Available:<https://maps.conservation.ca.gov/DLRP/CIFF/>.
6. DOC (California Department of Conservation). 2025. Fault Activity Map of California.
Available:< https://www.conservation.ca.gov/cgs/maps-data>.
7. DOF (California Department of Finance). 2024. Shafter, CA. 2024.
Available:<https://dof.ca.gov/forecasting/demographics/estimates-e1/>.
8. EnviroStor (Department of Toxic Substances Control EnviroStor). 2025. Site/Facility Search.
Available:< https://www.envirostor.dtsc.ca.gov/public/search?basic=True>.
9. FEMA (Federal Emergency Management Agency). 2024. FEMA Flood Map Service Center:
Search By Address. Available:< https://www.fema.gov/flood-maps>.
10. FTA (Federal Transit Administration). 2018. Transit Noise and Vibration Impact Assessment Manual.
11. Kern County GSP. 2024. Groundwater Sustainability Plan. Available:< https://kerngsp.com/gsp-documents/>. December.
12. NORSD (North of the River Sanitary District). 2025. CIP Status Update.
Available:<https://www.norsd.com/cip-status-update>.
65 13. RK Engineering Group, Inc. 2025. NEC Birch Street and Los Angeles Street Residential Project Air Quality and Greenhouse Gas Impact Study. April.
14. RK Engineering Group, Inc. 2023. NEC Birch Street and Los Angeles Street Residential Project Noise Impact Study. October.
15. RK Engineering Group, Inc. 2023. NEC Birch Street and Los Angeles Avenue Multi-Family Residential Project Traffic Impact Study. October.
16. Shafter (City of Shafter). 2005. General Plan.
17. SJVAPCD (San Joaquin Valley Air Pollution Control District). 2015. Guide for Assessing and Mitigating Air Quality Impacts. March.
18. South Valley Biology Consulting LLC. 2025. Shafter Family Apartment Biological Resources Evaluation. March.
ATTACHMENT A
MMRP
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
#1 Prior to grading plan approval, the applicant/developer shall submit documentation to the Planning Department that they will/have met all air quality control measures, design features, and rules required by the San Joaquin Valley Air Pollution Control District, including but not limited to the following:
To minimize Fugitive Dust during construction, the applicant will comply with the following:
Apply water to unpaved surfaces and areas.
Use non-toxic chemical or organic dust suppressants on unpaved roads and traffic areas.
Limit or reduce vehicle speed on unpaved roads and traffic areas. Maintain areas in a stabilized condition by restricting vehicle access.
Install wind barriers.
During high winds, cease outdoor activities that disturb the soil. Keep bulk materials sufficiently wet when handling.
Store and handle materials in a three-sided structure. When storing bulk materials, apply water to the surface or cover the storage pile with a tarp.
Don’t overload haul trucks. Overloaded trucks are likely to spill bulk materials.
Cover haul trucks with a tarp or other suitable cover. Or, wet the top of the load enough to limit visible dust emissions. Clean the interior of cargo compartments on emptied haul trucks prior to leaving a site.
Prevent trackout by installing trackout control devices at all project access points.
Clean up trackout at least once a day. If along a busy road or highway, clean up trackout immediately.
Monitor dust-generating activities and implement appropriate measures for maximum dust control.
Prior to grading plan
approval
San Joaquin Valley Air
Pollution Control District;
City of Shafter Planning
Department
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain written proof from the SJVAPCD that the project will/have met all air quality control measures and rules.
3. Provide documentation to the Planning Department for the record.
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
Diesel Particulate Matter: during construction, the applicant will comply with the following design features:
Construction equipment should be maintained in proper tune. All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer. Minimize the simultaneous operation of multiple construction equipment units, to the maximum extent feasible.
Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered
equipment or generators, where feasible.
Establish staging areas for the construction equipment that are as far from adjacent residential homes, as feasible.
Use haul trucks with on-road engines instead of off-road engines for on-site hauling.
#2 Prior to grading plan approval, the applicant/developer shall submit proof to the Planning Department that the project has complied with the San Joaquin Valley Air Pollution Control District’s Indirect Source Rule (Rule 9510).
Prior to grading plan
approval
San Joaquin Valley Air
Pollution Control District;
City of Shafter Planning
Department
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall obtain written proof from the SJVAPCD that the project will/have met all air quality control measures and rules.
3. Provide documentation to the Planning Department for the record.
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
#3 San Joaquin Kit Fox (Vulpes macrotis mutica)
Prior to ground disturbance, a pre-construction survey must be conducted 14 - 30 days within the Project Area and a 500-foot buffer to identify active or potential San Joaquin kit fox dens. If potential kit fox dens are observed within the Project Area, a 50-foot avoidance buffer should be implemented. If construction activities require the destruction of a potential den, then den monitoring shall be conducted by a qualified biologist for a minimum of 4 consecutive nights following the protocols set forth in the U.S. Fish and Wildlife Service Standardized Recommendations for the Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011). Known dens shall require an avoidance buffer of at least 100 feet. If a known den cannot be avoided, it shall be left undisturbed, and the monitoring biologist shall be contacted immediately. Natal dens found within the Project Area or within a 500-buffer surrounding the Project Area should be avoided and the USFWS and CDFW shall be contacted.
To prevent the entrapment of a San Joaquin kit fox or other wildlife, all steep walled, open trenches greater than 2 feet in depth should be covered at the end of each day. If covering an open excavation is not feasible, escape ramps made of earthen material or wooden planks at a 1:1- slope (45-degree angle) should be implemented. Trenches should be inspected in the morning prior to commencing work activities and prior to backfilling. If a San Joaquin kit fox or any other special-status species is found within the excavation, the monitoring biologist shall be contacted immediately. At no time should any personnel attempt to handle, corral, remove, or otherwise interact with the animal.
Prior to ground
disturbance
Qualified Biologist; City of
Shafter Planning
Department; California
Department of Fish and
Wildlife
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to perform a pre-construction survey within 14 days prior to ground disturbance activities.
3. Provide results of survey to the Planning Department for the record.
4. If special-status species found, then contact CDFW to determine avoidance and minimization measures.
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
#4 Swainson’s Hawk (Buteo swainsoni)
If construction activities are to take place during the nesting season (February - August), a preconstruction survey will be conducted 14 - 30 days prior to ground disturbing activities within the Project Area and a 500-foot buffer to identify individual Swainson’s hawk’s and active nests. This survey can be conducted concurrently with the San Joaquin kit fox preconstruction survey described above, depending on the timing of the pre-construction survey.
If any active Swainson’s hawk nest is found during the preconstruction survey, a qualified biologist will prescribe an appropriate buffer zone surrounding the nest and a plan to be implemented to prevent disruption of nesting activities. If nest disruption is not possible, CDFW should be contacted for guidance.
Prior to ground
disturbance
Qualified Biologist; City of
Shafter Planning
Department; California
Department of Fish and
Wildlife
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to perform a pre-construction survey within 14 days prior to ground disturbance activities.
3. Provide results of survey to the Planning Department for the record.
4. If special-status species found, then contact CDFW to determine avoidance and minimization measures.
#5 Tricolored blackbird (Agelaius tricolor)
If construction activities are to take place during the nesting season for tricolored blackbird (February - May), a preconstruction survey will be conducted 14 - 30 days prior to ground disturbing activities within the Project Area and a 500- foot buffer to identify individual tricolored blackbirds and active nests. This survey can be conducted concurrently with the San Joaquin kit fox pre-construction survey described above, depending on the timing of the preconstruction survey.
If any active tricolored blackbird nest sites are found during the pre-construction survey, a qualified biologist will prescribe an appropriate buffer zone surrounding the nest site and a plan to be implemented to prevent disruption of nesting activities.
Prior to ground
disturbance
Qualified Biologist; City of
Shafter Planning
Department; California
Department of Fish and
Wildlife
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to perform a pre-construction survey within 14 days prior to ground disturbance activities.
3. Provide results of survey to the Planning Department for the record.
4. If special-status species found, then contact CDFW to determine avoidance and minimization measures.
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
#6 Other Migratory Birds
Other migratory birds may use the proposed project site or surrounding lands for feeding, nesting, and roosting. In compliance with Sections 3503 and 3503.5 of the California Fish and Game Code and the Migratory Bird Treaty Act, if construction activities are to occur during the nesting and breeding season (February 1 through August 31), a qualified biologist shall determine the presence of any native bird and raptor nests prior to construction activities. If any nests are identified, appropriate buffer zones will be established around any identified nests to prevent disruption of nesting. If an adequate buffer zone cannot be established around any active nest, CDFW and USFWS will be contacted for guidance.
Prior to ground
disturbance
Qualified Biologist; City of
Shafter Planning
Department; California
Department of Fish and
Wildlife
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified biologist to perform a pre-construction survey within 14 days prior to ground disturbance activities.
3. Provide results of survey to the Planning Department for the record.
4. If special-status species found, then contact CDFW to determine avoidance and minimization measures.
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
#7 General Wildlife Avoidance Measures
To further ensure no special-status species are impacted by the project, the project will comply with the following general wildlife avoidance measures during the construction period.
All vehicles should implement a maximum 10mph speed limit within the Project Area or adhere to the posted speed limit. To avoid the entrapment of any animal, all excavations greater than 2 feet should be backfilled by the end of day. If backfilling by the end of day is not possible, excavations should be covered in a way to prevent wildlife species from entering the excavation.
If excavations cannot be covered, an earthen escape ramp or a ramp constructed of wooden planks should be implemented inside the excavation at a 1:1 slope (45 degrees). If any wildlife is found entrapped inside an open excavation, the biologist should be contacted immediately. All pipes, culverts, or similar structures staged onsite should be capped in a way to prevent the entry of wildlife. Such structures should be checked prior to moving to ensure no wildlife is entrapped inside.
All food-related trash items including wrappers, cans, bottles, and scraps should be disposed of in a securely closed container and removed from the site at the end of each day.
No firearms or pets should be allowed onsite.
Any protected wildlife species that may venture onsite should be allowed to leave the site of their own accord. No attempt to handle or otherwise engage with the animal should be made. If after a reasonable amount of time the animal does not leave the project site, the biologist should be contacted.
During construction City of Shafter Planning
Department; Qualified
Biologist (if needed);
California Department of
Fish and Wildlife (if needed)
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Provide results of survey to the Planning Department for the record.
3. If special-status species found, then contact CDFW to determine avoidance and minimization measures.
#8 If prehistoric or historic-era cultural materials are encountered during construction activities, all work in the immediate vicinity of the find shall halt until a qualified archaeologist can evaluate the find and make recommendations. Cultural resource materials may include prehistoric resources such as flaked and ground stone tools During construction Qualified Archeologist; City
of Shafter Planning
Department
Steps to Compliance:
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
and debris, shell, bone, ceramics, and fire-affected rock as well as historic resources such as glass, metal, wood, brick, or structural remnants. If the qualified archaeologist determines that the discovery represents a potentially significant cultural resource, additional investigations may be required to mitigate adverse impacts from project implementation. These additional studies may include avoidance, testing, and evaluation or data recovery excavation.
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. If prehistoric or historic-era cultural materials are discovered, halt all work, and contact a qualified archaeologist to assess finds and recommend procedures.
3. If necessary, implement recommended procedures.
4. Provide summary of all relevant activities to the Planning Department for the record.
#9 If human remains are discovered during construction or operational activities, further excavation or disturbance shall be prohibited pursuant to Section 7050.5 of the California Health and Safety Code.
The specific protocol, guidelines, and channels of communication outlined by the Native American Heritage Commission, in accordance with Section 7050.5 of the Health and Safety Code, Section 5097.98 of the Public Resources Code (Chapter 1492, Statutes of 1982, Senate Bill 297), and Senate Bill 447 (Chapter 44, Statutes of 1987), shall be followed. Section 7050.5(c) shall guide the potential Native American involvement, in the event of discovery of human remains, at the direction of the county coroner.
During construction City of Shafter Planning
Department; Kern County
Coroner (if needed); Native
American Heritage
Commission (if needed)
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. If human remains are uncovered, halt all work and contact the Kern County Coroner to evaluate the remains and follow the appropriate procedures and protocols.
3. If the County Coroner determines that the remains are Native American, the applicant/developer shall contact the Native American Heritage Commission.
4. If Native American human remains are located, the applicant/developer shall implement and comply with the requirements listed in this mitigation measure.
5. Provide summary of all relevant activities to the Planning Department for the record.
EXHIBIT “A” - Mitigation Monitoring and Reporting Program – GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) No. Mitigation Measure Time Frame for
Implementation
Responsible Monitoring
Agency Date Initials
GPA 23-39 & ZC 23-72 (Cesar Chavez Multi-Family) Mitigation Monitoring and Reporting Program
#10 If any paleontological resources are encountered during ground disturbance activities, all work within 25 feet of the find shall halt until a qualified paleontologist as defined by the Society of Vertebrate Paleontology Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, can evaluate the find and make recommendations regarding treatment.
Paleontological resource materials may include resources such as fossils, plant impressions, or animal tracks preserved in rock. The qualified paleontologist shall contact the Natural History Museum of Los Angeles County or other appropriate facility regarding any discoveries of paleontological resources.
During construction Qualified Paleontologist;
City of Shafter Planning
Department
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. Contract a qualified paleontologist, if needed.
3. Perform additional investigations and fossil recovery, if needed.
4. Perform significance evaluation and effectuate recommendations, if needed.
5. Provide summary of all relevant activities to the Planning Department for the record.
#11 Prior to the issuance of building permits, the project will provide proof to the Planning Department that the project scores a minimum of 29 points using the San Joaquin Valley Air Pollution Control District (SJVAPCD) GHG Emission Reduction Best Performance Standard (BPS) Measures for Development Projects.
Prior to building
permit issuance
City of Shafter Building
Department; City of Shafter
Planning Department
Steps to Compliance:
1. This mitigation measure shall be incorporated as a condition of approval for any site plan review.
2. The applicant/developer shall submit percolation testing results to the Shafter Building Department.
3. Provide summary of all relevant activities to the Planning Department for the record.
ATTACHMENT B
Figures
Figure 5: Site Plan
Figure 6: Elevations
EXHIBIT 8
ORDINANCE NO. 772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING ZONE CHANGE NO. 23-72.
WHEREAS, the City Council has, at its regularly scheduled meeting on October 7, 2025, and continued to a date certain of October 21, 2025, studied and considered Zone Change No. 23- 72, a request to change the zone classification from R-1 (Low Density Residential) to R-3 (Medium High Density Residential) on 8.7 acres (Accessor’s Parcel Number 028-180-57) located at the northeast corner of Birch Street and East Los Angeles Avenue as depicted in Exhibit “A”, attached hereto and made a part of this ordinance as set forth herein (the “Project”); and WHEREAS, it was determined that the Project, with mitigation, would not have a significant effect on the environment and therefore, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the Mitigated Negative Declaration for the Project includes enforceable mitigation described in the Mitigation, Monitoring, and Reporting Program (“MMRP”); and WHEREAS, the City Council has determined that the provisions of CEQA and the State CEQA Guidelines have been followed; and
WHEREAS, the City of Shafter Planning Department (336 Pacific Avenue, Shafter, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been approved; and
WHEREAS, the City Council has determined that it is in the best interest of the City to amend the City of Shafter Zoning Map to enhance the quality of life and to protect the health, safety, and welfare of its citizens by applying orderly development in the City; and
WHEREAS, a timely and properly noticed public hearing for proposed Zone Change No. 23-72 was held by the City Council of the City of Shafter at a regular meeting on October 7, 2025, and continued to a date certain of October 21, 2025, at which hearing evidence, oral and documentary, was admitted on behalf of said zone change.
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 4th day of November, 2025, resolved to approve Zone Change No. 23-72 as illustrated in Exhibit “A”.
Shafter City Council Ordinance No. 772
November 4, 2025
PASSED AND ADOPTED THIS 4th DAY OF NOVEMBER, 2025.
____________________________
Chad Givens, Mayor
ATTEST
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney
WINTERS DR
LACEY ST
ENTRAL VALLEY HWY
BIRCH ST
MCKENNA CTMARIE ST
ESTE ST
JACEY ANN CT
LA DANTE STBOESE ST
DANA ST
THOMPSON ST
E LOS ANGELES AVE
VINO TERRACE
LORES WAY
RMOUR DR
SITE
Exhibit A
Copyright nearmap 2015
3/14/2024, 1:30:20 PM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
1:4,514
City of Shafter
City of Shafter | Source: U.S. Census Bureau | County of Kern Planning Department, Bakersfield, California. | Kern County Assessor's Office, Mapping Section.
EXHIBIT 9
RESOLUTION NO. 3046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER ADOPTING
MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 23-39.
WHEREAS, the City Council has, at its regularly scheduled meeting on October 7, 2025, and continued to a date certain of October 21, 2025, studied and considered General Plan Amendment No. 23-39, a request to amend the general plan designation from LDR (Low Density Residential) to MHDR (Medium High Density Residential) on 8.7 acres (Accessor’s Parcel Number 028-180-57) located at the northeast corner of Birch Street and East Los Angeles Avenue as depicted in Exhibit “A”, attached hereto and made a part of this resolution as set forth herein (the “Project”); and
WHEREAS, it was determined that the Project, with mitigation, would not have a significant effect on the environment and therefore, a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the Mitigated Negative Declaration for the Project includes enforceable mitigation described in the Mitigation, Monitoring, and Reporting Program (“MMRP”); and WHEREAS, the City Council has determined that the provisions of CEQA and the State CEQA Guidelines have been followed; and
WHEREAS, the City of Shafter Planning Department (336 Pacific Avenue, Shafter, California) is the custodian of all documents and other materials upon which the environmental determination is based; and
WHEREAS, adoption of a Mitigated Negative Declaration for the Project has been approved; and
WHEREAS, the City Council has determined that the proposal is consistent with the City of Shafter General Plan; and
WHEREAS, a timely and properly noticed public hearing for proposed General Plan Amendment No. 23-39 was held by the City Council of the City of Shafter at a regular meeting on October 7, 2025, and continued to a date certain of October 21, 2025, at which hearing evidence, oral and documentary, was admitted on behalf of said general plan amendment.
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Shafter, in a regular session assembled on the 21st day of October, 2025, resolved to adopt the Mitigated Negative Declaration for the Project and approve General Plan Amendment No. 23-39 as illustrated in Exhibit “A”.
Shafter City Council Resolution No. 3046
October 21, 2025
PASSED AND ADOPTED THIS 21st DAY OF OCTOBER, 2025.
____________________________
Chad Givens, Mayor
ATTEST
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney
WINTERS DR
LACEY ST
ENTRAL VALLEY HWY
BIRCH ST
MCKENNA CTMARIE ST
ESTE ST
JACEY ANN CT
LA DANTE STBOESE ST
DANA ST
THOMPSON ST
E LOS ANGELES AVE
VINO TERRACE
LORES WAY
RMOUR DR
SITE
Exhibit A
Copyright nearmap 2015
3/14/2024, 1:30:20 PM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
1:4,514
City of Shafter
City of Shafter | Source: U.S. Census Bureau | County of Kern Planning Department, Bakersfield, California. | Kern County Assessor's Office, Mapping Section.
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: October 21, 2025
DEPARTMENT: Randy Milligan, Police Chief
SUBJECT: RESIDENT ACCESS TO DATA ON POLICE ACTIVITIES VIA
CITIZEN RIMS COMMUNITY PORTAL
RECOMMENDATION
Council find the item does not require CEQA review, as the action is a demonstration of the Citizen RIMS community portal; receive and file presentation.
BACKGROUND
The Shafter Police Department has utilized Citizen RIMS for several years. The community portal was designed to provide the public access to an array of law enforcement data, from current crime activity, such as recent arrests, stolen vehicles, missing persons and past activity.
The adoption of Citizen RIMS was driven by the Police Department's commitment to transparency and keeping the residents of Shafter informed of crime trends and enforcement efforts in the community.
Residents and business owners will also have the capability to register their home and business security systems with the police department or request property checks while they are away.
Police Department Staff are proud to announce the Citizen Rims platform has been revamped to provide the citizens with more data involving the activity of the police department and services available to our residents.
FISCAL IMPACT
No fiscal impact. The Citizen RIMS upgrade was completed within the Police Department’s existing budget, and no additional appropriations are required.
CEQA ANALYSIS
This item does not require discretionary action as it is for informational purposes only.
Therefore, it does not trigger CEQA review.
APPROVED BY THE CITY ATTORNEY
Not Applicable
RESIDENT ACCESS TO DATA ON POLICE ACTIVITIES VIA CITIZEN RIMS COMMUNITY PORTAL
- 2 -
ATTACHMENTS
None
MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: October 21, 2025
DEPARTMENT: Randy Milligan, Police Chief
SUBJECT: POLICE MOTOR UNIT PROGRAM APPROVAL AND FUNDING
FOR SAID PROGRAM COSTS
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve purchase of training cost, motor officer uniform, protective equipment, and two (2) BMW police motorcycles with a total estimated cost of $101,729.06.
BACKGROUND
The Shafter Police Department is actively developing strategies to reduce crime and enhance the quality of life for residents and visitors in the City. The department employs patrol personnel, a dedicated Traffic Control Unit, and soon a Commercial Traffic Unit to enforce traffic laws. Their primary goal is to decrease traffic collisions and the resulting injuries while ensuring the safe and efficient movement of both vehicular and pedestrian traffic. These efforts contribute to safer roadways, fewer fatalities and injuries, and reduced property damage.
Over the years, department staff have observed a significant increase in both vehicular and pedestrian traffic. In response to complaints and to improve traffic safety, Staff have been considering the addition of motor officers to conduct proactive traffic enforcement in problem areas. This approach aims to enhance the effectiveness of traffic safety measures and to supplement patrol efforts, strengthening public safety initiatives when necessary.
Using a motorcycle for traffic enforcement provides an efficient means of administering traffic laws due to its maneuverability, allowing officers to navigate potentially obstructed roadways and various terrains. Motorcycles also facilitate direct contact with the public and serve as a beneficial community relations tool. Motor officers are primarily patrol officers who use motorcycles for transportation and enforcement of traffic laws. In addition to regular patrol duties, the motor officer will engage in general traffic enforcement, targeted enforcement in problem areas experiencing hazardous violations, traffic enforcement during special events, investigation of traffic collisions, and assistance with traffic-related issues in the city.
The Police Department receives numerous requests for directed enforcement from
POLICE MOTOR UNIT PROGRAM APPROVAL AND FUNDING FOR SAID PROGRAM COSTS - 2 -
residents, City Staff, and school personnel. Additionally, ongoing traffic rate analysis indicates where the department should focus its enforcement efforts. Many areas in need of enforcement can only be adequately addressed by a police motorcycle due to roadway traffic and other safety-related factors.
Currently, the Police Department does not have a motor officer, and due to increasing traffic safety issues and concerns, Staff recommends the establishment of a Motor Unit.
To accomplish this, Staff are requesting funding for the following items:
- POST Motor Officer School for two officers: $3,753
- Purchase of uniform gear and protective equipment for two officers: $15,186.80 - Purchase of two 2026 BMW R 1300 RT-P motorcycles and related up-fitting equipment: $82,789.26
Total Cost $101,729.06
Staff recommended that the Police Department utilize the BMW motorcycle for the new motor units, as the BMW is a purpose-built vehicle specifically designed for law enforcement. The BMW offers a superior combination of safety, performance, and durability with advanced safety technology and exceptional handling.
Currently, the closest dealership for the 2026 BMW is located in Long Beach and is utilized by surrounding agencies. The Long Beach dealership provides expedited service for motorcycles and offers tow service as needed.
FISCAL IMPACT
If approved, a one-time General Fund budget adjustment of $101,729.06 will be required to fund the establishment of the Motor Unit. The cost will be fully offset by existing salary savings from vacant positions, and no additional appropriation or ongoing fiscal impact is anticipated.
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 training costs, motor officer uniform, protective equipment, and two (2) BMW police motorcycles. 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. Draft Motor Unit Policy
2. BMW Quote
3. 2024-2025 Training Rates
4. Uniform Quote
POLICE MOTOR UNIT PROGRAM APPROVAL AND FUNDING FOR SAID PROGRAM COSTS - 3 -
5. Helmet Quote
6. Boot Quote
Policy
525
Shafter Police Department
Shafter PD Policy Manual
Copyright Lexipol, LLC 2025/10/10, All Rights Reserved.
Published with permission by Shafter Police Department ***DRAFT*** Motorcycle Assigned to Traffic Enforcement - 1 Motorcycle Assigned to Traffic Enforcement
525.1 PURPOSE AND SCOPE
The motorcycle officer's primary responsibilities are traffic enforcement and other related duties such as handling accident reports and investigations, and participation in traffic education and awareness programs.
It is the objective of the traffic motor section to insure, through enforcement and education, the smooth, safe movement of traffic within the city of Shafter. 525.2 AUTHORIZED OPERATORS
Only those officers who have successfully completed a P.O.S.T. certified motorcycle training course and who possess a valid Class M license, shall be allowed to operate a department-owned police motorcycle. Officers who have been selected to attend motorcycle school, may participate in supervised department training prior to attendance of the P.O.S.T. certified motorcycle training course.
525.2.1 OPERATION OF THE POLICE MOTORCYCLE
A. Officers shall operate the police motorcycle in accordance with state law and the departmental policies as outlined in this and other departmental general orders.
B. The police motorcycle is designed for the operator only, and no passengers shall be allowed on the motorcycle.
C. Officers shall not engage in traffic enforcement on police motorcycles when the weather makes such operation hazardous. During inclement weather, the motor officer will report for duty in the basic police officer uniform and will be assigned a police car. 525.2.2 PURSUITS AND CODE 3 OPERATION
The motorcycle officer may engage in the pursuit of a violator that he/she has attempted to stop, if the situation warrants such action. All emergency equipment shall be activated and the department policy regarding pursuits shall be followed.
The motorcycle officer shall discontinue the pursuit as soon as sufficient marked police unit(s) is/are in a position to safely take it over. The motorcycle officer shall then continue safely to the termination point for purposes of identification and documentation.
The motorcycle officer my respond Code Three to injury accidents when there are no other units in the area to respond and they will use all due caution, taking into account the traffic conditions and the limited visibility of a police motorcycle due to its small size. 525.3 EQUIPMENT
The following equipment shall be worn by the motorcycle officer when operating a police motorcycle:
Shafter Police Department
Shafter PD Policy Manual
Motorcycle Assigned to Traffic Enforcement
Copyright Lexipol, LLC 2025/10/10, All Rights Reserved.
Published with permission by Shafter Police Department ***DRAFT*** Motorcycle Assigned to Traffic Enforcement - 2 A. The motorcycle officer shall wear his/her department supplied helmet at all times when operating a police motorcycle.
B. The motorcycle officer shall wear full finger gloves when operating a police motorcycle.
C. The motorcycle officer shall wear eye protection when operating a police motorcycle.
The eye protection lenses may be either clear or tinted for daylight use. They shall be clear for nighttime riding. Eye protection can include full face helmet windshield.
D. The motorcycle officer shall wear the black motorcycle or duty boots. 525.3.1 EQUIPMENT CHANGES PROHIBITED
No additions, removal or alteration of any equipment shall be made unless it is approved by the chief of police or his designee. Any such modifications shall be completed by those person(s) or businesses authorized by the chief of police or his designee. (a) Each officer is responsible for the following items of maintenance on their motorcycle.
1. Tire inspection, done daily; inspect for undue wear and check for proper air inflation.
2. Maintain a safe fluid level in the engine oil reservoir, transmission gear case, and brake fluid reservoir. This inspection is to be done daily, prior to starting the motorcycle.
3. Inspection of the chain and sprockets or drive system is to be done once a week to insure they are adequately oiled and in good repair. Lubricate if necessary.
4. A daily check for appearance will be done. Cleaning of the police motorcycle is the responsibility of the operator.
Rev. Feb 2020
MOTORCYCLE ENFORCEMENT
TRAINING PROGRAM (METP)
11 days / 84 hours
(POST 32550)
RESIDENCE: ROOM: $25.00/DAY
MEALS: $21.00/DAY*
TOTAL: $46.00/DAY
11 DAYS: $506.00
INSTRUCTION: $70.38/DAY
10 DAYS $703.80
TOTAL COST: $1,209.80
MOTORCYCLE OFFICER UPDATE
TRAINING (MOUTC)
2 days / 16 hours
(POST 32575)
RESIDENCE: ROOM: $25.00/DAY
MEALS: $21.00/DAY*
TOTAL: $46.00/DAY
2 DAYS: $92.00
INSTRUCTION: $101.10/DAY
2 DAYS: $202.20
TOTAL COST: $294.20
Plan IV – POST reimbursement for
travel and per diem
N/A – no POST reimbursement
CERTIFIED MOTORCYCLE TRAINING
OFFICER (CMTO)
3 days / 24 hours
(POST 32560)
RESIDENCE: ROOM: $25.00/DAY
MEALS: $21.00/DAY*
TOTAL: $46.00/DAY
3 DAYS: $138.00
INSTRUCTION: $87.34/DAY
3 DAYS: $262.02
TOTAL COST: $400.02
CERTIFIED MOTORCYCLE TRAINING
OFFICER REFRESHER (CMTOR)
2 days / 16 hours
(POST 32554)
RESIDENCE: ROOM: $25.00/DAY
MEALS: $21.00/DAY*
TOTAL: $46.00/DAY
2 DAYS: $92.00
INSTRUCTION: $87.34/DAY
2 DAYS: $174.68
TOTAL COST: $266.68
MOTORCYCLE TRAINING RATES
2024-2025 FISCAL YEAR
CHP FEDERAL TAX ID NO.: 94-2257827
* $7.00 per meal
Shafter Police Department - 2 LS2 Carbon X - with
communications
Shafter Police Department
201 Central Valley Hwy
Shafter, CA 93263
James York
[email protected]
6617468500
Reference: 20250819-143532121
Quote created: August 19, 2025
Quote expires: October 18, 2025
Quote created by: Andrew Coukos
[email protected]
+13036746663
Products & Services
Quantity Item & Description Unit
Price
Total
2 S1651CF-LS2-4CF1 $640.00 $1,280.00
2 KE-21S $421.00 $842.00
Seer Modular Helmet – LS2 Advant X Carbon Fiber
Helmet – High Gloss White with Carbon Fiber Pattern
High Trim – Sun Shield Inner Lens – Adjustable Clear
and Dark Smoke Outer Lens – Micro Metric Quick
Release – Air Channeling System – Removable,
Washable Interior w/ Anti-Bacterial, Anti-Microbial
Fabric – Pin Lock Anti-Fog Lens Included
Please Specify Size When Placing Order
Setcom Helmet Kit – Snap-on – Dual Speaker with Flexboom Noise Cancelling Microphone installed onto helmet harness at no charge
Quantity Item & Description Unit
Price
Total
2 SBTE-MZ4 $1,275.00 $2,550.00
2 MBT-B BMW $691.00 $1,382.00
One-time subtotal $6,054.00
Freight $88.80
$6,142.80
Purchase term
Terms: NET 30 DAYS
Delivery: 4-6 WEEKS ARO
FOB: EVERGREEN
Freight: PRE-PAID & ADDED TO INVOICE
Questions? Contact me
Andrew Coukos
[email protected]
+13036746663
SUPER SEER CORPORATION
PO BOX 700
EVERGREEN, CO 80437
United States
Setcom MOCS II SpeakerMic PO Wireless Bluetooth Transceiver, Cellphone and PA integration Auto Speaker Mute
Auto Microphone Mute Weather Resistant Mic Enclosure
Powered by Portable Radio Portable Radio Only Conguration Custom Molded Enclosure For Use With KE Series Helmet Kits with Cell Phone button
Setcom MOCS II MOCS II PO Wireless
Base Kit for BMW Motorcycles, PTT and PA
Transceiver
8/19/25, 1:17 PM Checkout - All American Boot
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MANAGEMENT REPORT
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: October 21, 2025
DEPARTMENT: David Franz, Community Services Director
SUBJECT: CHESS GARDEN PROJECT CHANGE OF FUNDING SOURCE
RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve a budget amendment in the amount of $250,000 from General Fund Reserves to add the Shafter Library & Learning Center Chess Garden Project to the Capital Improvement Plan and Direct staff to proceed with advertising the project for public bid in accordance with the City of Shafter procurement policies.
BACKGROUND
On June 3, 2025, Council approved final construction documents and authorized a Chess Garden project to proceed to bidding, pending Community Development Block Grant (CDBG) funding administered through Kern County.
Chess Garden will convert an underutilized space on the southeast side of the Shafter Library into a functional outdoor gathering area, including chess tables with integrated boards, benches, landscaping, decorative fencing, and a gate entrance. Design was completed by Wynn-Smith Landscape Architecture.
While the City executed an agreement with Kern County to utilize CDBG funding, staff has since encountered significant and repeated challenges with the County's grant administration. County administration of grant funds has made timely progress on this project unfeasible.
To avoid further delays, staff recommends proceeding with this project using local funding. This would make the project subject to the City of Shafter's own procurement guidelines, significantly expediting the process.
FISCAL IMPACT
The Chess Garden Project was initially planned to be funded through Community Development Block Grant (CDBG) allocations administered by Kern County. Due to ongoing administrative delays that have made timely execution impractical, staff recommends proceeding with local funding.
This action will reallocate $250,000 from General Fund Reserves to establish the project within the Capital Improvement Plan. The transfer will provide full project
CHESS GARDEN PROJECT CHANGE OF FUNDING SOURCE
- 2 -
funding under the City’s own procurement and contracting procedures, ensuring faster delivery and improved oversight.
While this adjustment reduces available General Fund reserves, the impact is one-time and limited, and the overall reserve balance remains above the City’s policy threshold.
No additional operating costs are anticipated beyond existing maintenance responsibilities, which will be absorbed by the Community Services Department.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the approval of a change of funding source for a project that has already been environmentally cleared and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. CONSTRUCTION AND BID DOCUMENTS - Shafter Library and Learning Center Chess Garden
CONSTRUCTION AND BID DOCUMENTS
SHAFTER LIBRARY AND LEARNING CENTER
CHESS GARDEN PROJECT
[LC2]
- BID OPENING -
Friday, November 14, 2025 at 11:00 AM
CITY OF SHAFTER PUBLIC WORKS DEPARTMENT
720 COMMERCE WAY
SHAFTER, CA 93263
- PRE-BID CONFERENCE -
Tuesday, November 4, 2025 at 10:00 AM
CITY OF SHAFTER CITY HALL
336 PACIFIC AVE
SHAFTER, CA 93263
Prepared By:
City of Shafter
Engineering Division
Version 10/10/2025 11:20 PM
TABLE OF CONTENTS
NOTICE INVITING BIDS ................................................................................................................................................5 INSTRUCTION TO BIDDERS ........................................................................................................................................7
1. SECURING DOCUMENTS................................................................................................................................................7
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS .............................................................................................7
3. INTERPRETATION OF DRAWINGS AND DOCUMENTS................................................................................................7
4. PRE-BID CONFERENCE..................................................................................................................................................7
5. ADDENDA .........................................................................................................................................................................8
6. ALTERNATE BIDS ............................................................................................................................................................8
7. COMPLETION OF BID FORMS........................................................................................................................................8
8. MODIFICATIONS OF BIDS...............................................................................................................................................8
9. SUBCONTRACTORS........................................................................................................................................................8
10. LICENSING REQUIREMENTS .........................................................................................................................................9
11. BID GUARANTEE (BOND)................................................................................................................................................9
12. IRAN CONTRACTING ACT OF 2010................................................................................................................................9
13. NON-COLLUSION DECLARATION ..................................................................................................................................9
14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ............................................................................9
15. BIDDER INFORMATION AND EXPERIENCE FORM.....................................................................................................10
16. WORKERS' COMPENSATION CERTIFICATION...........................................................................................................10
17. SIGNING OF BIDS ..........................................................................................................................................................10
18. SUBMISSION OF SEALED BIDS....................................................................................................................................10
19. OPENING OF BIDS.........................................................................................................................................................11
20. WITHDRAWAL OF BID ...................................................................................................................................................11
21. BIDDERS INTERESTED IN MORE THAN ONE BID......................................................................................................11
22. SUBSTITUTION OF SECURITY .....................................................................................................................................11
23. PREVAILING WAGES.....................................................................................................................................................12
24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS...................................................................................12
25. INSURANCE REQUIREMENTS......................................................................................................................................12
26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS.............................................................................12
27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ..........................................................12
28. PERMIT AND INSPECTION FEE ALLOWANCE............................................................................................................12
29. FILING OF BID PROTESTS............................................................................................................................................12
30. BASIS OF AWARD; BALANCED BID .............................................................................................................................13
31. AWARD PROCESS.........................................................................................................................................................13
32. EXECUTION OF CONTRACT.........................................................................................................................................13
33. QUESTIONS....................................................................................................................................................................13
34. CARB CONTRACTING REQUIREMENTS .....................................................................................................................14 BID FORMS..................................................................................................................................................................15 CONTRACT AND BOND FORMS ...............................................................................................................................39 GENERAL CONDITIONS.............................................................................................................................................52
1. DEFINED TERMS ...........................................................................................................................................................52
2. CONTRACT DOCUMENTS.............................................................................................................................................55
3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION..............................................................................56
4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE .............................................................................................56
5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK .................................................................56
6. MOBILIZATION ...............................................................................................................................................................56
7. EXISTENCE OF UTILITIES AT THE WORK SITE..........................................................................................................57
8. SOILS INVESTIGATIONS...............................................................................................................................................58
9. CONTRACTOR’S SUPERVISION...................................................................................................................................58
10. WORKERS ......................................................................................................................................................................58
11. INDEPENDENT CONTRACTORS ..................................................................................................................................58
12. SUBCONTRACTS...........................................................................................................................................................59
13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ..........................................................................................................59
14. REQUESTS FOR SUBSTITUTION.................................................................................................................................59
15. SHOP DRAWINGS..........................................................................................................................................................60
16. SUBMITTALS ..................................................................................................................................................................60
17. MATERIALS ....................................................................................................................................................................61
18. PERMITS AND LICENSES .............................................................................................................................................61
19. TRENCHES.....................................................................................................................................................................62
20. TRAFFIC CONTROL.......................................................................................................................................................62
21. DIVERSION OF RECYCLABLE WASTE MATERIALS...................................................................................................63
22. REMOVAL OF HAZARDOUS MATERIALS ....................................................................................................................63
23. SANITARY FACILITIES...................................................................................................................................................63
24. AIR POLLUTION CONTROL...........................................................................................................................................63
25. LAYOUT AND FIELD ENGINEERING ............................................................................................................................63
26. TESTS AND INSPECTIONS ...........................................................................................................................................64
27. PROTECTION OF WORK AND PROPERTY..................................................................................................................64
28. CONTRACTOR’S MEANS AND METHODS...................................................................................................................64
29. AUTHORIZED REPRESENTATIVES..............................................................................................................................65
30. HOURS OF WORK..........................................................................................................................................................65
31. PAYROLL RECORDS; LABOR COMPLIANCE ..............................................................................................................65
32. PREVAILING RATES OF WAGES..................................................................................................................................66
33. PUBLIC WORKS CONTRACTOR REGISTRATION.......................................................................................................67
34. EMPLOYMENT OF APPRENTICES ...............................................................................................................................67
35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.................................................................................67
36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS...................................................................................68
37. LABOR/EMPLOYMENT SAFETY ...................................................................................................................................68
38. INSURANCE....................................................................................................................................................................69
39. FORM AND PROOF OF CARRIAGE OF INSURANCE..................................................................................................71
40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES.............................................................................................72
41. COST BREAKDOWN AND PERIODIC ESTIMATES......................................................................................................72
42. PROGRESS ESTIMATES AND PAYMENT....................................................................................................................73
43. SECURITIES FOR MONEY WITHHELD.........................................................................................................................74
44. CHANGES AND EXTRA WORK. ....................................................................................................................................74
45. FINAL ACCEPTANCE AND PAYMENT..........................................................................................................................85
46. OCCUPANCY..................................................................................................................................................................85
47. INDEMNIFICATION.........................................................................................................................................................86
48. PROCEDURE FOR RESOLVING DISPUTES ................................................................................................................86
49. CITY’S RIGHT TO TERMINATE CONTRACT ................................................................................................................89
50. WARRANTY AND GUARANTEE OF WORK..................................................................................................................91
51. DOCUMENT RETENTION & EXAMINATION.................................................................................................................93
52. SEPARATE CONTRACTS ..............................................................................................................................................93
53. NOTICE AND SERVICE THEREOF................................................................................................................................94
54. NOTICE OF THIRD PARTY CLAIMS..............................................................................................................................94
55. STATE LICENSE BOARD NOTICE ................................................................................................................................94
56. INTEGRATION ................................................................................................................................................................94
57. ASSIGNMENT OF CONTRACT......................................................................................................................................94
58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY...................................................................94
59. ASSIGNMENT OF ANTITRUST ACTIONS.....................................................................................................................94
60. PROHIBITED INTERESTS..............................................................................................................................................95
61. CONTROLLING LAW......................................................................................................................................................95
62. JURISDICTION; VENUE .................................................................................................................................................95
63. LAWS AND REGULATIONS ...........................................................................................................................................95
64. PATENTS ........................................................................................................................................................................95
65. OWNERSHIP OF CONTRACT DOCUMENTS ...............................................................................................................95
66. NOTICE OF TAXABLE POSSESSORY INTEREST .......................................................................................................95
67. SURVIVAL OF OBLIGATIONS........................................................................................................................................96
68. CARB CONTRACTING REQUIREMENTS .....................................................................................................................96
SPECIAL CONDITIONS...............................................................................................................................................97
1. ENGINEER OF RECORD. ..............................................................................................................................................97
2. LOCATION OF THE PROJECT. .....................................................................................................................................97
3. SHARED COST SAVINGS FOR REDUCTIONS IN CONTRACT PRICE; VALUE ENGINEERING...............................97
4. STATUS OF THE PROJECT AREA AND RIGHTS-OF-WAY. ........................................................................................97
5. SITE DATA. .....................................................................................................................................................................97
6. PRE-PURCHASED OR PRE-NEGOTIATED MATERIAL. ..............................................................................................97
7. DESIGNATION OF CITY’S REPRESENTATIVE ............................................................................................................97
8. MODIFICATION OF HOURS OF WORK. .......................................................................................................................98
9. PROJECT RETENTION ..................................................................................................................................................98
10. REVERSE LIQUIDATED DAMAGES DUE TO UNREASONABLE CITY DELAY...........................................................98
11. LIQUIDATED DAMAGES DUE TO CONTRACTOR DELAY. .........................................................................................98
12. UTILITY OUTAGES – NOTICES TO RESIDENTS. ........................................................................................................98
13. SCHEDULE CONSTRAINTS. .........................................................................................................................................98
14. NOISE RESTRICTIONS..................................................................................................................................................98
15. SAFETY PROGRAMS.....................................................................................................................................................99
16. COORDINATION WITH OTHER CONTRACTORS. .......................................................................................................99 GENERAL REQUIREMENTS ....................................................................................................................................100
1. DESCRIPTION ..............................................................................................................................................................100
2. RELATED REQUIREMENTS SPECIFIED ELSEWHERE.............................................................................................100
3. LAYOUT OF WORK AND QUANTITY SURVEYS ........................................................................................................100
4. SCHEDULE ...................................................................................................................................................................101
5. TEMPORARY FIELD OFFICE.......................................................................................................................................101
6. PROTECTION OF WORK AND PROPERTY................................................................................................................101
7. SITE CONDITIONS SURVEYS.....................................................................................................................................102
8. SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS............................................................104
9. MATERIALS ..................................................................................................................................................................106
10. LOCAL CONDITIONS AND REQUIREMENTS.............................................................................................................107
11. ENVIRONMENTAL QUALITY PROTECTION...............................................................................................................109 TECHNICAL SPECIFICATIONS................................................................................................................................114
1. PROVISIONS OF STANDARD SPECIFICATIONS.......................................................................................................114
2. GENERAL NOTES ........................................................................................................................................................114
3. NOTE REGARDING EXISTING UNDERGROUND CONDITIONS...............................................................................115
4. OBSTRUCTIONS ..........................................................................................................................................................115
5. CONCRETE IMPROVEMENTS - GENERAL REQUIREMENTS..................................................................................116
6. DEMOLITION & REMOVAL ..........................................................................................................................................116
7. EARTHWORK/GRADING..............................................................................................................................................116
8. SUBGRADE PREPARATION........................................................................................................................................117
9. SIDEWALK ....................................................................................................................................................................117
10. CONCRETE FORMWORK............................................................................................................................................118
11. AGGREGATE BASE (CALTRANS STANDARD SPECIFICATIONS SECTION 26, 2018)...........................................118
12. CONSTRUCTION SURVEYING....................................................................................................................................119
13. MATERIALS TESTING..................................................................................................................................................119
14. CONSTRUCTION WATER............................................................................................................................................119
15. ADDITIONAL TECHNICAL SPECIFICATIONS.............................................................................................................120
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Shafter (“City”) invites and will receive sealed Bids up to but not later than 11:00 AM on FRIDAY, NOVEMBER 14, 2025 at the office of the Office of the City Engineer, located at 720 Commerce Way, Shafter, California 93263, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for SHAFTER LIBRARY AND LEARNING CENTER CHESS GARDEN PROJECT [LC2] (the “Project”). At said time, Bids will be publicly opened and read aloud at the Engineering Counter. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.
Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from City of Shafter Engineering & Public Works Department at 720 Commerce Way, Shafter, CA 93263. First set of plans and specification is available at no charge with any additional sets available for a non-refundable fee of $20.00 per set.
Additional charges will be required of any bidder who requests that the Contract Documents be mailed (costs for outof-state mailings will be higher). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.
Bidders may also obtain a copy of the Contract Documents from the City of Shafter website (www.shafter.com): City Departments → Engineering Department → Construction Contract, Requests for Proposals (RFP) → Current Construction Projects out for Bid.
It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on www.shafter.com. It is the responsibility of each prospective bidder to check www.shafter.com on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on www.shafter.com may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by www.shafter.com.
Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Shafter as bid security. The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.
A Non-Mandatory Pre-Bid Conference is scheduled for 10:00 AM on TUESDAY, NOVEMBER 4, 2025 to review the Project's existing conditions at Shafter City Hall, 336 Pacific Avenue, Shafter, CA 93263. Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and shall be sent to all Bidders present at the Pre-Bid Conference.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.
If the total compensation under the Contract will exceed $25,000 and pursuant to Labor Code Section 1773, the City will obtain the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Kern County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this Contract. A copy of these prevailing wage rates may be obtained via the internet at:
www.dir.ca.gov/dlsr/.
In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Engineering and Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site.
It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
If the total compensation under the Contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted, nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: CLASS A Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.
City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID ALONE. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact David Franz, Community Services Director @ [email protected] or (661) 746- 5042.
END OF NOTICE INVITING BIDS
INSTRUCTION TO BIDDERS
1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated OR the website as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.
Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the City and will be posted on www.shafter.com. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.
3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City.
4. PRE-BID CONFERENCE
A Non-Mandatory Pre-Bid Conference is scheduled for 10:00 AM on Tuesday, November 4, 2025 to review the Project's existing conditions at the City Hall Council Chambers located at 336 Pacific Ave., Shafter, CA 93263.
Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and
shall be sent to all Bidders present at the Pre-Bid Conference.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Office of the City Engineer to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.
7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents.
Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.
9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor
in accordance with Public Contract Code Section 4104.
10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.
11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Shafter; or (c) a Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Shafter as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.
12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.
13. NON-COLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of non-collusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.
14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of
Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.
15. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.
16. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The form of such Workers' Compensation Certificate is included as part of this document.
17. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.
The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
18. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the Shafter Library and Learning Center
Chess Garden Project
[LC2]
Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.
19. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.
The public reading of each bid will include the following information:
• The name and business location of the bidder.
• The nature and amount of the bid security furnished by bidder. • The bid amount.
Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
20. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.
Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.
21. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.
22. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed.
The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
23. PREVAILING WAGES
If the total compensation under the Contract will exceed $25,000, the City will obtain from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Engineering and Public Works Department of the City upon request or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
25. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.
26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.
27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.
28. PERMIT AND INSPECTION FEE ALLOWANCE
Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance.
29. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:
• Be filed in writing within five (5) calendar days after the bid opening date; • Clearly identify the specific irregularity or accusation; • Clearly identify the specific City staff determination or recommendation being protested; • Specify in detail the grounds for protest and the facts supporting the protest; and • Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, the City may reject the protest without further review.
If the protest is timely and complies with the above requirements, the City Engineer, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information.
The City Engineer will provide a written decision to the protestor.
The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
30. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price. If the project includes bid alternates, award will still be based on the Total Bid Price.
The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.
31. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.
32. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.
33. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to the Deputy Public Works Director – Capital Projects, Alex Gonzalez, at (661) 746-5004, or email at [email protected]. No other members of the City’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the
City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.
34. CARB CONTRACTING REQUIREMENTS
A. The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
END OF INSTRUCTION TO BIDDERS
BID FORMS
BID FORM
Bids will be received at the City of Shafter Public Works Department, 720 Commerce Way, Shafter, California 93263, until 11:00 AM on FRIDAY, NOVEMBER 14, 2025.
NAME OF BIDDER: ______________________________________________ City of Shafter
720 Commerce Way
Shafter, California 93263
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:
Shafter Library and Learning Center
Chess Garden Project
[LC2]
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
Addenda No. ________________________________________________
1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
2. Attached is the completed Designation of Subcontractors form.
3. Attached is the fully executed Non-Collusion Declaration form.
4. Attached is the completed Iran Contracting Act Certification form.
5. Attached is the completed Public Works Contractor Registration Certification form.
6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.
7. Attached is the completed Bidder Information and Experience form.
8. Attached is the completed Fleet Compliance Certification form.
BID SCHEDULE
A. PLANTINGS
ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST
A1 ERIOBOTRYA DEFLEXA - 24" BOX 1 EA
A2 ANIGOZANTHOS FLAVIDUS - 5 GAL 5 EA
A3 ECHEVERIA X 'BLUE ATOLL' - 1 GAL 4 EA
A4 FESTUCA GLAUCA 'ELIJAH BLUE' - 1 GAL 46 EA
A5
LAVANDULA ANGUSTIFOLIA 'ESSENCE
PURPLE' - 5 GAL 11 EA
A6 LIGUSTRUM SINENSE 'SUNSHINE' - 5 GAL 18 EA
A7 LOMANDRA LONGIFOLIA 'BREEZE' - 5 GAL 53 EA
A8 MYRTUS COMMUNIS 'COMPACTA' - 5 GAL 14 EA
A9
PHORMIUM TENAX 'RAINBOW MAIDEN' - 5
GAL 20 EA
A10 PHORMIUM TENAX 'TOM THUMB' - 5 GAL 15 EA
A11 PITTOSPORUM TOBIRA 'MOJO' - 5 GAL 21 EA
A12 SANTOLINA CHAMAECYPARISSUS - 5 19 EA
A13
WESTRINGIA FRUTICOSA 'MORNING
LIGHT' - 5 GAL 14 EA
A14 WESTRINGIA FRUTICOSA 'WES05' - 5 GAL 6 EA
A15
BIGNONIA CAPREOLATA 'TANGERINE
BEAUTY' - 5 GAL 10 EA
A16 DISTICTIS BUCCINATORIA - 5 GAL 3 EA
A17 FICUS PUMILA - 5 GAL 4 EA
A18 ERIGERON KARVINSKIANUS - 1 GAL 50 EA
A19
TRACHELOSPERMUM JASMINOIDES - 1
GAL 14 EA
SUBTOTAL A:
B. SURFACING
ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST
B1
DECOMPOSED GRANITE (GOLD
DUST) 1206 SF
B2 SYNTHETIC TURF 379 SF
B3 4" THICK CONCRETE PAVING 56 SF
SUBTOTAL B:
C. WALLS & FENCING
ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST
C1 4' STUCCO SERPENTINE WALL 83 LF
C2 8' STUCCO WALL 53 LF
C3 5' WOOD FENCE 74 LF
C4 8' DOUBLE SWING WOOD GATE 1 EA
C5 5' WOOD ENTRY GATE 1 EA
SUBTOTAL C:
D. LANDSCAPING AND FACILITIES
ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST
D1 ALUMINUM EDGING 493 LF
D2 GATE TRELLIS 1 EA
D3 CONCRETE MOW CURB 42 LF
D4 FREE STANDING DOOR 1 EA
D5 MIRROR WALL 1 EA
D6
MAINTENANCE GATE CHAIN
LINK 8'X30" 1 EA
D7
IRON VALLEY TRASH
RECEPTACLE 1 EA
D8
CHESS PIECE STORAGE
SHELVES 1 EA
D9
CONCRETE REMOVAL
(DEMOLITION) 221 SF
D10 MOW CURB REMOVAL 1 LS
D11 FENCE REMOVAL 1 LS
D12 DINING CHAIR - POLYWOOD 3 EA
D13 RIVERSTONE BENCH 4 EA
D14 ADIRONDACK CHAIR 2 EA
D15 18" ROUND SIDE TABLE 3 EA
D16 RIVIERA LOUNGE CHAIR 2 EA
D17 ADULT CHESS TABLE 2 EA
D18 KIDS CHESS TABLE 1 EA
D19 ADULT STOOL 2 EA
D20 KIDS STOOL 2 EA
D21 18X18 FT UMBRELLA W/POST 1 EA
D22 ILLUSION MIRROR 1 EA
D23 IRRIGATION SYSTEM 1 LS
SUBTOTAL D:
E. FULL PROJECT ITEMS
ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST
E1 MOBILIZATION 1 LS
E2 CONSTRUCTION SURVEYING 1 LS
SUBTOTAL E:
TOTAL BID PRICE (A+B+C+D+E):
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.
In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), in the City’s sole discretion. The City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
AB. ALTERNATE BID ITEMS
ITEM DESCRIPTION QTY UNITS UNIT COST ITEM COST
The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award.
Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.
The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done.
If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Kern County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City’s Administration Office and shall be made available to interested parties upon request.
Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _______________ from the _____________________________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to City of Shafter as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.
The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of Shafter.
Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.
Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.
The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page)
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Executed at , on this day of .
(Bidders Name – Print or Type)
(Name and Title)
(Corporate Seal)
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:
Name: Title:
Complete Address:
Phone: Fax:
Name: Title:
Complete Address:
Phone: Fax:
Name: Title:
Complete Address:
Phone: Fax:
Name: Title:
Complete Address:
Phone: Fax:
BID BOND
[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of Shafter, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for Shafter Library and Learning Center Chess Garden Project [LC2].
If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation. (Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
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 information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
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 information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF BID BOND
LIST OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
(CONTINUED ON NEXT PAGE)
Work to be done
by Subcontractor
Name of
Subcontractor Location of Business
CSLB Contractor
License No.
DIR
Registration
Number
% of
Work
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
BIDDER INFORMATION AND EXPERIENCE FORM
INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.
Name of Bidder:
Type, if Entity:
Bidder Address:
Facsimile Number Telephone Number
Email Address
How many years has Bidder’s organization been in business as a Contractor?
How many years has Bidder’s organization been in business under its present name?
Under what other or former names has Bidder’s organization operated?
If Bidder’s organization is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:
President’s Name:
Vice-President’s Name(s):
Secretary’s Name:
Treasurer’s Name:
If an individual or a partnership, answer the following:
Date of Organization:
Name and address of all partners (state whether general or limited partnership):
If other than a corporation or partnership, describe organization and name principals:
List other states in which Bidder’s organization is legally qualified to do business.
What type of work does the Bidder normally perform with its own forces?
Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another
organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
List Trade References:
List Bank References (Bank and Branch Address):
Name of Bonding Company and Name and Address of Agent:
LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work
LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.
Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work
EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
List each person’s job title, name and percent of time to be allocated to this project:
Summarize each person’s specialized education:
List each person’s years of construction experience relevant to the project:
Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
Changes Occurring Since Prequalification
If any substantive changes have occurred since Bidder submitted its prequalification package for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes have occurred.
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder:
Signature:
Name:
Title:
Date:
NON-COLLUSION DECLARATION
The undersigned declares:
I am the
of , the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].
Name of Bidder:
Signature:
Name:
Title:
Date:
IRAN CONTRACTING ACT CERTIFICATION.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
A. identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
B. a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Bidder:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
A. Bidder shall maintain a current DIR registration for the duration of the project.
B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder:
Signature:
Name:
Title:
Date:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder:
Signature:
Name:
Title:
Dated:
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:
Signature:
Name:
Title:
Date:
Additional Comments:
CONTRACT AND BOND FORMS
CONTRACT
This CONTRACT, No. is made and entered into this day of , , by and between City of Shafter, sometimes hereinafter called “City,” and ___________________________________________________________, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified below in COMPONENT PARTS OF THE CONTRACT, for the following Project:
Shafter Library and Learning Center
Chess Garden Project
[LC2]
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within ONE HUNDRED TWENTY (120) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
LIQUIDATED DAMAGES.
In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in the Special Conditions, Section 11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.
COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF SHAFTER
Contractor Name
By: By:
Lance Lippincott
City Manager
Its:
Printed Name:
ATTEST:
By:
Yazmina Pallares
City Clerk
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Shafter, (hereinafter referred to as “City”) has awarded to _________________________________________________________, (hereinafter referred to as the “Contractor”) an agreement for Shafter Library and Learning Center Chess Garden Project [LC2], (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated _________________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________________________________, the undersigned Contractor and ___________________________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of __________________________________________________________________ Dollars ($_________________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, 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 Contractor, 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 and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, 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 shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
2. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract
Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
3. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed 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 to the terms of the Contract Documents or to the Project.
By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Title
The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Shafter (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to _________________________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Shafter Library and Learning Center Chess Garden Project [LC2] (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and _________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________________________________________________ ________________________________ Dollars ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension