AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY JULY 12, 2022
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
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1. CALL TO ORDER
2. ROLL CALL: Council Members Darlene Acosta, Robert Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. CLOSED SESSION ANNOUNCEMENTS
5. SPECIAL PRESENTATIONS
None
6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
7. COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.
8. STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
9. CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.
The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.
A. Consideration: Meeting Minutes of June 28, 2022, Council Meeting Recommendation: approve and file.
B. Consideration: City of King Check Register June 16, through June 30, 2022 Recommendation: receive and file.
C. Consideration: Successor Agency Check Register June 16, through June 30, 2022
Recommendation: receive and file.
D. Consideration: Public Financing Authority Check Register June 16, through June 30, 2022
Recommendation: receive and file.
E. Consideration: A Resolution Deferring Signage and Enforcement of Broadway Street Parking Restrictions
Recommendation: adopt a Resolution deferring installation of signage and commencement of enforcement of new downtown parking regulations until completion of construction of the proposed downtown streetscape improvements.
F. Consideration: An Ordinance Amending Noise Restrictions in the City Recommendation: waive the second reading by title only and adopt an Ordinance repealing Chapter 7.24 and 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct and replacing it in its entirety with Chapter 7.25 Noise Control Standards.
G. Consideration: Award of Bid for the 2022 King City Street Project, Including Adopting Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines
Recommendation: 1) award the 2022 King City Street Project as proposed by Cal Valley Construction in the amount of $395,000; 2) authorize the City Manager to approve change orders up to 10% of the contract cost; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
H. Consideration: Voting Delegate for The League of California Cities Annual Business Meeting
Recommendation: designate Council Member Acosta as the City’s voting delegate for the League of California Cities Annual Business Meeting at the Annual Conference.
I. Consideration: A Resolution Designating Erica Sonne to Fulfill the Duties of the City Clerk
Recommendation: adopt a Resolution designating Erica Sonne to fulfill the duties of City Clerk.
10. PUBLIC HEARINGS
A. Consideration: An Ordinance Amending Speed Limits
Recommendation: introduce an Ordinance amending Municipal Code Chapter
10.36 to amend speed limits for portions of San Antonio Drive, Canal Street Bitterwater Road and Mildred Avenue to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve introduction of the Ordinance.
11. REGULAR BUSINESS
A. Consideration: Award of Contract for Design of the New Wastewater Treatment Plant
Recommendation: authorize the City Manager to: 1) execute an Agreement for Engineering Services with Carollo Engineers, Inc. for design of a new 2.0 to 2.2 million gallons per day (MGD) secondary wastewater treatment plant and tertiary treatment and storage/distribution system not-to-exceed $5,875,759; 2) approve other optional tasks and/or change orders under a contingency budget up to $205,848; and 3) make non-substantive changes to the contract as necessary in a form approved by the City Attorney.
B. Consideration: A Resolution Approving the Ballot Argument in Favor of the Local Sales Tax Measure
Recommendation: adopt a Resolution approving the ballot argument in favor of the local sales tax measure.
C. Consideration: Downtown Outdoor Dining Area Improvements Grant Program Recommendation: 1) adopt a Resolution establishing the Downtown Outdoor Dining Area Improvements Grant Program; and 2) approve the program guidelines, application and forms; and 3) authorize the City Manager to make modifications to the program forms in the future as necessary.
D. Consideration: Golf Course Operator Selection Subcommittee Recommendation: appoint a subcommittee of two representatives of City Council to assist staff in developing a recommendation to the full City Council for award of a contract for operation of the King City Golf Course.
E. Consideration: Rejection of Bids for the Downtown Plaza Construction Project Recommendation: 1) reject all bids for the Downtown Plaza Construction Project; and 2) direct staff to rebid project concurrent with Downtown Bulbout Project.
12. CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.
None
13. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
City Council Meeting
June 28, 2022
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mike LeBarre, Council member Darlene Acosta, Carlos DeLeon, Mayor Pro Tem Carlos Victoria.
Council member Cullen is absent.
City Staff: Acting City Manager Keith Boyd; City Attorney Roy Santos; Executive Admin.
Asst./Deputy City Clerk, Erica Sonne.
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
None
5.__PRESENTATIONS:
None
6. PUBLIC COMMUNICATIONS:
None
7. COUNCIL COMMUNICATIONS:
Council Member DeLeon stated he had nothing to report tonight.
Council Member Acosta stated she had nothing to report tonight.
Mayor Pro Tem Victoria stated he had nothing to report tonight.
Mayor LeBarre stated his meeting schedule is in the packet.
8. CITY STAFF REPORTS AND COMMENTS:
Acting City Manager Keith Boyd stated the project HomeKey documents were signed, and funding should be issued soon. Doreen Liberto will keep us informed when the funds are released.
9. CONSENT AGENDA
A. Consideration: Meeting Minutes of June 14, 2022, Council Meeting B. Consideration: City of King Check Register June 1, through June 15, 2022 C. Consideration: King City Community Power (KCCP) Register May 1, 2022 through May 31, 2022
D. Consideration: FY 2022-23 Job Classification Plan
E. Consideration: Confirmation of Election of King City Volunteer Fire Department Officers and Engineers
9(A)
• Chief: Russ Nichols
• First Assistant Chief: Matthew Owens
• Second Assistant Chief: Michael Hearne
• Secretary/Treasurer: Tom Nuck
• Chief Engineer: Steve Rianda
• First Assistant Engineer: John Nuno
• Second Assistant Engineer: Carlos Perez, Jr.
• Third Assistant Engineer: Mark Silveira
• Fourth Assistant Engineer: Ty Caulk
• Fifth Assistant Engineer: Joseph Kerr
• Sixth Assistant Engineer: Cole Lambert
F. Consideration: Fifth Amendment to the Employment Agreement for City Manager Services G. Consideration: Support for the State Route 46 Multi-Modal Corridor Improvement Project Mayor commented on 9(E) reading officers and engineers into the record. He stated that the city is fortunate to have these individuals in the Fire Department.
Action: Motion to approve consent agenda items A--G by Victoria and seconded by Acosta.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
A. Consideration: An Ordinance Amending Noise Restrictions in the City Acting City Manager Boyd introduced this item.
Mayor Pro Tem Victoria brought this to the Council’s attention because of constituents feeling that they were being targeted for noise. Mayor Pro Tem Victoria feels that this change will help on action being taken.
Mayor LeBarre read the ordinance title into the record.
Mayor LeBarre opened the public hearing.
Acting City Manager Boyd read Council member Cullen’s comments into the record “I think cleaning up the conflicting sections will help, and I'm glad that the Fairgrounds is addressed in the staff report. In my district the majority of complaints I hear is from their events. I also like that it's proposed to continue the rule of no amplified music from 10 PM to 9 AM”
Seeing and hearing no one further come forward Mayor LeBarre closed the public hearing.
Action: Motion to introduce an Ordinance repealing Chapter 7.24 and 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct and replacing it in its entirety with Chapter 7.25 Noise Control Standards to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance by Victoria and seconded by DeLeon.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
B. Consideration: The 2022 Engineering and Traffic Survey and Adjustment to Speed Limits, Including Adopting Finding of a Categorical Exemption, Pursuant to Section 15301 of the CEQA Guidelines
Acting City Manager Boyd introduced City Engineer Octavio Hurtado.
City Engineer Octavio Hurtado introduced this item.
Mayor LeBarre asked if anyone from the public that would like to speak on this item.
Acting City Manager Boyd read Council member Cullen’s comments into the record “No major concerns, though in an ideal world I'd want the speed limit for San Antonio to be the same all the way from Broadway to Metz. Seems like it'll be confusing for drivers when it goes from 35 to 30 once they pass Willow.”
Seeing and hearing no one come forward Mayor LeBarre brought it back to council.
Action: Motion to 1) adopt Resolution 2022-4887 approving the 2022 Engineering and Traffic Survey results for the establishment of posted speed limits within the City of King including adopting finding of a categorical exemption, pursuant to section 15301 of the CEQA guidelines; and 2) introduce an Ordinance modifying speed limits for portions of San Antonio Drive, Canal Street and Bitterwater Road. by Acosta and seconded by Victoria.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
11. REGULAR BUSINESS:
A. Consideration: King City Community Power Annual Budget and Rate Setting Review Acting City Manager Boyd introduced Kelly Foley.
Kelly Foley further introduced this item.
Mayor LeBarre is a big proponent of molten salt reactors.
Acting City Manager Boyd read Council member Cullen’s comment during public comment “All makes sense. If I was at the Council meeting, I'd ask "is it time for us to look at doing a wind turbine again?" We looked at the option around 10 years ago and decided not to proceed. But with technical advancements it may be worthwhile to take a look again.” Ms. Foley said she could look into molten salt reactors and wind turbines.
Action: adopt a Resolution approving the King City Community Power (KCCP) Annual Budget and rates for FY 2022-23. by DeLeon and seconded by Victoria.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
B. Consideration: Provide Guidance to Staff to Draft a Tobacco Retail License Ordinance Banning the Sale of Flavored Tobacco Products and Single-Use Electronic Devices Acting City Manager Boyd introduced this item. He stated that we could have encounter opposition from businesses that currently sale flavored tobacco products and single-use electronic devices.
City Attorney Shannon Chaffin stated that there are some legalrisks, and restraints in abilitiesto do certain things without potentially resulting in payments or liabilitiesto the city. He suggested that the City Council request the city attorney’s office to prepare a confidential memo and provided it to them to know all the information regarding legal risks, approaches, advantages and tactical considerations to be able to have an informed decision as they move forward.
Acting City Manager Boyd read Council member Cullen’s comment during public comment “I 100% support the drafting of an ordinance to ban. And to state the obvious, I'd hope that we reach out to the affected businesses to invite them to the meeting when we review & discuss the proposed ordinance” Lila Sildon sent a memo via email “Dear Honorable Mayor and City Council Members, I would like to support King City’s amendment of the Tobacco Retail License Ordinance to include the prohibition of flavored tobacco products and single-use electronic cigarettes.
I am a volunteer and resident of Pacific Grove and can proudly say that Pacific Grove now has strong TRLO which includes a ban of flavored tobacco products and single-use e-cigarettes and smoke free indoor, outdoor and multi-unit housing ordinances.
These ordinances protect the health and wellbeing of our residents and youths and support education of the public and visitors of our very fragile environment. Secondhand smoke can severely affect the lungs of everyone exposed, including the elderly and youth.
As a volunteer, I help pick up our shoreline in Pacific Grove and Monterey. We find litter of cigarette butts and discards of electronic cigarettes along our national marine sanctuary. Our last yearly data collection listed over 32,000 cigarette butts and e-waste found along our shoreline. Additionally, the microplastic that comes from this litter can devastate our marine life and sanctuary.” Michelle House, Monterey County Health Department, the county applauds you and is happy that you are moving forward with banning flavored tobacco. She wanted to mention that even if the state passed the ban that the City ordinance is stronger.
Kendra Howell, Blue Zones Project Monterey County, she stated that support the City moving forward with banning the sale of flavored tobacco products and single-use electronic devices.
Sheila Phan, Project coordinator representing Breathe California, they support the City moving forward with banning the sale of flavored tobacco products including menthol and single-use electronic devices.
Action: Motion the City Attorney’s office draft a confidential memo and City Council direct staff to draft a tobacco retail license ordinance banning the sale of flavored tobacco products and single-use electronic devices by DeLeon and seconded by Victoria.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
C. Consideration: Authorization to Enter Into 2-Year Agreement With “The SPCA for Monterey County” For Animal Sheltering Services
Acting City Manager Boyd introduced this item.
Acting City Manager Boyd read Council member Cullen’s comment during public comment “Many years ago we contracted with Dr. Cheney for this service. With the change in veterinarian there it'd be nice to gauge her interest in providing the service. I know this item is for a contract renewal of 6/30, and that the SPCA has agreed to extend to 9/30/22 while we consider this contract extension. Does that give us time to approach the new vet?”
Action: Motion to authorize the City Manager to execute a 2-year agreement with The SPCA for Monterey County in a form approved by the City Attorney for animal sheltering services. by Victoria and seconded by LeBarre.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
D. Consideration: City Council Consideration to Provide Direction to Staff on Community Naloxone (Narcan) Education and Distribution
Acting City Manager Boyd introduced this item.
City Council Member Acosta stated that they are also working on a special community event on July 25th which would give more outreach by doing both.
Acting City Manager Boyd read Council member Cullen’s comment during public comment “Steve - when you first told me about doing the education as part of National Night Out I was both optimistic and nervous (nervous about logistics given how loud the event is). But I like the proposed idea of doing them in the PD. So I'm a thumbs up on this one”
Action: Motion City Council direct staff to conduct Narcan education training and distribution to members of the public during National Night Out festivities on August 2, 2022 and develop an ongoing community Narcan program by Acosta and seconded by Victoria.
AYES: Council Members: LeBarre, Acosta, DeLeon, Victoria NOES: Council Members:
ABSENT: Council Members: Cullen
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:
Mayor LeBarre adjourned the meeting at 7:16p.m. on a motion by Victoria and second by DeLeon, approved 4-0.
Approved Signatures:
Mayor, Michael LeBarre City Clerk, Steven Adams
City of King City of King
Item No. 9(B)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER JUNE
16 THROUGH JUNE 30, 2022
RECOMMENDATION:
It is recommended City Council receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9(C)
REPORT TO THE SUCCESSOR AGENCY TO THE FORMER KING CITY CDA DATE: JULY 12, 2022
TO: HONORABLE CHAIR AND MEMBERS OF THE BOARD
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF SUCCESSOR AGENCY CHECK
REGISTER FOR JUNE 16 THROUGH JUNE 30, 2022
RECOMMENDATION:
It is recommended the City Council acting as the Successor Agency Board receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the Successor Agency Board, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9(D)
REPORT TO THE PUBLIC FINANCING AUTHORITY
DATE: JULY 12, 2022
TO: HONORABLE CHAIR AND MEMBERS OF THE AUTHORITY
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF PUBLIC FINANCING AUTHORITY CHECK
REGISTER JUNE 16, 2022 THROUGH JUNE 30, 2022
RECOMMENDATION:
It is recommended the City Council acting as the Public Finance Authority Board receive and file.
BACKGROUND:
At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.
DISCUSSION:
The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents for the Public Financing Authority are attached.
COST ANALYSIS:
There is no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
No Environmental Review required for this item.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Receive and file the report; or
2. Provide other direction to staff regarding requests for additional information.
Item No. 9 (E)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF A RESOLUTION DEFERRING SIGNAGE
AND ENFORCEMENT OF BROADWAY STREET PARKING
RESTRICTIONS
RECOMMENDATION:
It is recommended the City Council adopt a Resolution deferring installation of signage and commencement of enforcement of new downtown parking regulations until completion of construction of the proposed downtown streetscape improvements.
BACKGROUND:
At the November 23, 2021 meeting, the City Council adopted an Ordinance modifying parking restrictions in the downtown area. The following changes and new restrictions were approved:
• 2-hour parking on Broadway Street between Second Street to Third Street on both sides of the street from 8:00 a.m. to 6:00 p.m. The restrictions will be phased into other blocks when business activity and parking demand increases.
• 2-hour parking on Third Street from Broadway Street to Bassett Street on both sides of the street from 8:00 a.m. to 6:00 p.m. Parking restrictions were eliminated on all other side streets.
• No parking on Broadway Street from 2:00 a.m. to 5:00 a.m. on Broadway Street from First Street to San Lorenzo Avenue.
The initial schedule for implementation called for signage to be installed in the winter and enforcement to begin in spring 2022. This schedule is recommended to be deferred in response to a number of considerations that have been identified.
CITY COUNCIL
CONSIDERATION OF A RESOLUTION DEFERRING SIGNAGE AND
ENFORCEMENT OF BROADWAY STREET PARKING RESTRICTIONS
JULY 12, 2022
PAGE 2 OF 3
DISCUSSION:
The following items have occurred impacting staff’s recommended implementation schedule:
• Funding has been approved for the streetscape and Downtown Plaza projects. Therefore, extensive construction activities are projected in the downtown area during the upcoming year.
• Enforcement requires installation of new technology in police vehicles, which is still being implemented.
• The City has received an inquiry about the need for more short-term parking on the 300 block of Broadway Street. Additional parking demand is projected at this location when vacant commercial building spaces are filled, the Visitor and History Center opens, and the Downtown Plaza project is constructed.
The upcoming construction activity may create disruption in the downtown area, which would not provide the best timing for implementation of new parking restrictions. Staff believes it would be preferable to incorporate installation of the new signage into the streetscape improvements.
It would also be preferable to include both the daytime and nighttime restrictions on one sign for those blocks that include both. This would be more cost effective and reduce the amount of unsightly signage on decorative light poles. Therefore, if the City Council decides to expand the parking restrictions to other blocks, it would be best to delay installation of the nighttime restriction signage until that decision is made.
Therefore, staff recommends installation of the new signage on Broadway Street and enforcement of the regulations be deferred until the streetscape improvements have been installed. Within that time period, staff will also present to City Council for consideration implementation of additional phases of the parking restrictions to other blocks of Broadway Street. Changes to parking restrictions on side streets in the downtown area have already been implemented. A Resolution is attached for Council consideration to approve the proposed delay.
RESOLUTION NO. 2022-4891
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING DEFERRING SIGNAGE AND
ENFORCEMENT OF BROADWAY STREET PARKING RESTRICTIONS
WHEREAS, the City of King (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, California Vehicle Code section 22507 grants the City authority to restrict vehicles from parking on certain streets, during certain hours of the day; and WHEREAS, Chapter 10.22 Parking, section 10.22.030 “Parking limitations along certain streets” of the King City Municipal Code currently reads, “No person shall stop, stand or park any vehicle as defined in the following streets, or portions of streets, within the city for a period of time longer than that indicated opposite the name of each street between the respective hours set opposite the name of each street on any day (or on any one day and the next ensuing day) except as herein provided, as may be posted for short zones allowed for or provided herein:”; and
WHEREAS, on November 23, 2021, the City Council approved an Ordinance amending Chapter 10.22 to establish new parking restrictions on Broadway Street and adjacent blocks in the downtown area to better maintain available short-term parking for customers of retail businesses and long-term parking for business employees and residents, to best meet the City’s overall parking needs, to promote economic development by attracting customers, and to balance community needs based upon outreach efforts to solicit community input; and WHEREAS, these restrictions included 2-hour parking limits on Broadway Street between Second Street to Third Street on both sides of the street from 8:00 a.m. to 6:00 p.m. and no parking on Broadway Street from 2:00 a.m. to 5:00 a.m. on Broadway Street from First Street to San Lorenzo Avenue; and
WHEREAS, the City Council desires to defer implementation of these regulations by delaying installation of signage and enforcement activities in order to coordinate the parking program with other downtown improvements; and
WHEREAS, deferral of implementation of these regulations and coordination with other improvements will allow time to evaluate additional changes, reduce costs, enhance the appearance of downtown signage, and enable the City to implement changes in an organized manner to improve understanding and compliance from the public.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King approves the temporary deferral of installation of signage and commencement of enforcement of 2-hour parking limits on Broadway Street between Second Street to Third Street on both sides of the street from 8:00 a.m. to 6:00 p.m. and no parking on Broadway Street from 2:00 a.m. to 5:00 a.m. on Broadway Street from First Street to San Lorenzo Avenue as established by Ordinance No. 2021-806 until further authorized by City Council Resolution or Ordinance.
CC Resolution No.
This resolution was passed and adopted this 12th day of July, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
Mike LeBarre, Mayor
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
Roy Santos, City Attorney
Item No. 9 (F)
REPORT TO THE CITY COUNCIL
DATE: July 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KEITH BOYD, CHIEF OF POLICE
RE: CONSIDERATION OF AN ORDINANCE AMENDING NOISE
RESTRICTIONS IN THE CITY
RECOMMENDATION:
It is recommended the City Council conduct the second reading by title only and adopt an ordinance repealing Chapter 7.24 and 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct and replacing it in its entirety with Chapter 7.25 Noise Control Standards.
BACKGROUND:
On June 28, 2022, the City Council introduced an Ordinance repealing Chapter
7.24 and 7.25 of the King City Municipal Code pertaining to prohibited noise making conduct and replacing it in its entirety with Chapter 7.25 Noise Control Standards, read it by title only. The City Council then opened a hearing allowing for public testimony, waived the first reading of the ordinance, and approved its introduction.
DISCUSSION:
Over the past two years the Police Department has seen an increase in calls for service for noise incidents with the majority of the calls for service occurring between 9:00 a.m. and 10:00 p.m. Historically, Police Department staff took minimal enforcement action and primarily invested efforts into education and warnings. Unfortunately, this led to noise incidents not being resolved and continuing to disturb the peace of community members who reported the incident. As a result, members of the public were unhappy with the efforts of the Police Department. To maintain public trust and ensure equitable treatment when investigating noise incidents, Police Department staff evaluated the chapters of the municipal code and focused enforcement efforts using elements of Chapters 7.24 and 7.25 while using Chapter 7.51 for the enforcement of violations.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING NOISE RESTRICTIONS
IN THE CITY
JULY 12, 2022
PAGE 2 OF 4
During some incidents, Chapters 7.24 and 7.25 conflicted with each other based on the nature of the incident and the subjective nature of how the municipal code is written defining a violation between nine a.m. and ten p.m. Currently, Chapter
7.24.030(a) establishes a violation in stating “the volume of sound from sound amplifying equipment shall be controlled so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.” Enforcement of this chapter section does not utilize an objective method to define a violation as to what constitutes a violation is subjective to what the reporting party feels is unreasonably loud, raucous, jarring, disturbing, or a nuisance.
To create an objective method to investigate noise incidents, the Police Department purchased a portable handheld decibel reader and began taking decibel sound readings when responding to noise related calls for service. Thus far, it was used only to compile objective data for calls for service of subjective noise complaints rather than enforcement. In addition, Police Department staff began reviewing noise ordinances for municipalities in and around Monterey County finding considerable variation in the nature of the codes and when decibel limits are utilized the level of the decibels constituting a violation.
A challenge when establishing an objective method based on decibel levels is the decibel level over time and the inclusion of ambient noise. Generally, municipalities using an objective decibel system have an approximate 20 decibel variation based on the decibel level and time it is read at a specific level with the higher the decibel the less time required to constitute a violation. Enforcement of objective decibel systems with noise and time variances can be complicated, difficult for the public to understand the level of noise allowed, and staff intensive to maintain continued readings from one to 30 minutes to establish a violation.
After a review of the sound readings taken locally and codes utilized by other municipalities, the Police Department has proposed repealing the existing municipal code Chapters 7.24 (Sound Amplifying Equipment) and 7.25 (Prohibited Noise Making Conduct) and replacing them with a new Chapter 7.25 titled noise control standards. This new chapter consolidates information contained in the existing chapters within one code to eliminate cross code conflict while establishing an objective decibel system for investigating noise incidents which occur between 9:00 a.m. and 10:00 p.m.
The key factor in the new ordinance is where to establish the decibel limit.
Based on what the limit is, there is still likely to be displeased residents. Some residents may believe the limit is too high when they call with a complaint regarding noise determined to be compliant and others may believe it is too low
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING NOISE RESTRICTIONS
IN THE CITY
JULY 12, 2022
PAGE 3 OF 4
when they are required to turn off noise due to enforcement actions. A maximum level of 80 decibels without a time variance is recommended. This level staff believes will restrict excessive noise, but at the same time will allow for a reasonable level of volume for music at family/neighborhood parties from amplified speakers and/or live performers.
It is likely that the limit may need to be reevaluated after some experience to help identify the appropriate balance between those that want to host activities with amplified noise during daytime hours and those that submit complaints about excessive noise. Staff initially attempted to develop a range of decibel limits based on duration of the noise. However, as with the inclusion of ambient noise variations, it would be complicated for the public to understand and difficult to enforce given the number of measurements that would be required.
Enforcement procedures will continue primarily on a complaint driven basis under the same process used to respond to nighttime complaints except for use of the decibel measuring equipment. The sound level will be measured with the decibel meter within 50 feet of the affected noise-sensitive land use and where practical, the microphone shall be positioned 3 to 5 feet above the ground and away from reflective surfaces. The interior noise levels shall be measured within the affected dwelling unit, at points at least 4 feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration.
The restrictions will apply to events at the Fairgrounds under the current operational practices and proposed Memorandum of Understanding (MOU) with the Salinas Valley Fair and County of Monterey. Staff proposes to coordinate with the Fair, and if it appears to be too restrictive for desired events, staff may recommend either amendments to the ordinance or exceptions could be addressed through the proposed MOU. Staff anticipates the MOU will be presented to City Council within the next couple months for consideration, which establishes clarification of regulatory and enforcement authority of the Fairgrounds property since it is within the City limits but on County property.
The decibel system will not apply to the investigation of noise complaints which occur between 10:00 p.m. and 9:00 a.m. During those hours, no amplified noise is allowed, which appears to be working relatively well because it is objective and easy to understand.
COST ANALYSIS:
The Police Department purchased a decibel reader from existing budgeted funds to prepare for this staff report. If the ordinance is adopted, the Police Department will purchase an additional two decibel readers at a cost of approximately $500
6/17/22, 12:56 PM Chapter 7.24 SOUND AMPLIFYING EQUIPMENT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_24?view=all 1/3 King City, CA Municipal Code
Title 7 PEACE, SAFETY AND MORALS
Chapter 7.24 SOUND AMPLIFYING EQUIPMENT
7.24.010 Sound amplifying equipment defined.
7.24.020 Hours of use.
7.24.030 Use restrictions.
7.24.040 Quiet zones establishment.
7.24.050 Quiet zone signs installation—Maintenance.
7.24.060 Quiet zone signs required.
7.24.070 Institutional provisions.
7.24.010 Sound amplifying equipment defined.
“Sound amplifying equipment” as used in this chapter means any machine or device for the amplification of the human voice, music or any other sound. (Ord. 682 § 1, 2009; Ord. 330 § 1, 1971)
7.24.020 Hours of use.
It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment out of doors or indoors when used or operated to reach persons out of doors between the hours of ten p.m. and nine a.m. The use or operation of sound amplifying equipment between the hours of nine a.m. and ten p.m. shall be subject to the limitations and regulations set forth in Section 7.24.030. (Ord. 682 § 1, 2009; Ord. 330 § 2, 1971)
7.24.030 Use restrictions.
(a) The volume of sound from sound amplifying equipment shall be controlled so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility. (b) Sound amplifying equipment shall not be used or operated out of doors or indoors when used or operated to reach persons out of doors except between the hours of nine a.m. and ten p.m. (c) Sound amplifying equipment shall not be used or operated within five hundred feet of the City Hall when the city council is in session or within five hundred feet of the King City Superior Court when court is in session.
EXHIBIT 1
6/17/22, 12:56 PM Chapter 7.24 SOUND AMPLIFYING EQUIPMENT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_24?view=all 2/3 (d) Sound amplifying equipment shall not be used at any location where such use or operation would impede the flow of pedestrian or vehicular traffic to such an extent that it would create a dangerous traffic situation or would constitute a detriment to traffic safety. (Ord. 682 § 1, 2009; Ord. 330 § 3, 1971)
7.24.040 Quiet zones establishment.
The city council, for the purpose of preventing disturbance to the occupants of churches, hospitals, institutions reserved for the sick, schools or educational institutions, or the student or faculties of said schools or educational institutions, may establish by resolution, zones of quiet adjacent to churches, hospitals, institutions reserved for the sick, schools and educational institutions, when the superintendent or chief executive officer of such church or institution requests the establishment of such zones. (Ord. 682 § 1, 2009; Ord. 330 § 4, 1971)
7.24.050 Quiet zone signs installation—Maintenance.
The resolution establishing a zone of quiet shall describe the extent of said zone of quiet, and upon the establishment thereof, the department of public works is hereby authorized to install and maintain appropriate signs to indicate the existence of said zone, provided that the expense of such installation and maintenance is paid by the institution making such request prior to such installation. (Ord. 682 § 1, 2009; Ord. 330 § 5, 1971)
7.24.060 Quiet zone signs required.
It is unlawful for any person to use or operate or permit the use of or operation of any sound amplifying equipment out of doors or indoors when used or operated to reach persons out of doors within any zone of quiet established by resolution of the city council, provided that signs indicating the existence of such zone of quiet have been erected and are in place. (Ord. 682 § 1, 2009; Ord. 330 § 6, 1971)
7.24.070 Institutional provisions.
The only provisions of this chapter which apply to the use or operation of sound amplifying equipment by a hospital, church, school or educational institution when used or operated upon property owned or controlled by said hospital, church, school or educational institution are the provisions of Section
7.24.030 which limit the time of use or operation to the hours between nine a.m. and ten p.m., which require that the volume of sound shall be controlled so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility, and which prohibit the use or operation within five hundred feet of the City Hall when the city council is in session or within five hundred feet of the King City justice court when court is in session. (Ord. 682 § 1, 2009; Ord. 330 § 7, 1971)
6/17/22, 12:56 PM Chapter 7.24 SOUND AMPLIFYING EQUIPMENT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_24?view=all 3/3 Contact:
City Clerk: 831-386-5971
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 6/17/22, 12:56 PM Chapter 7.25 PROHIBITED NOISE MAKING CONDUCT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_25?view=all 1/5 King City, CA Municipal Code
Title 7 PEACE, SAFETY AND MORALS
Chapter 7.25 PROHIBITED NOISE MAKING CONDUCT
7.25.010 Necessity for anti-noise regulations.
7.25.020 Prohibited conduct.
7.25.030 Description of representative offensive conduct.
7.25.040 Necessity for security guards at live music events.
7.25.050 Live music events, security guard to be present.
7.25.010 Necessity for anti-noise regulations.
(a) The making and creation of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing. (b) The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city. (c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and peace and quiet of the city and its inhabitants. (Ord. 682 § 1, 2009)
7.25.020 Prohibited conduct.
It is unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitiveness residing in the neighborhood.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
(a) The audible volume of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual; EXHIBIT 2
6/17/22, 12:56 PM Chapter 7.25 PROHIBITED NOISE MAKING CONDUCT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_25?view=all 2/5 (d) Whether the origin of the noise is natural or unnatural; (e) The volume and intensity of the background noise, if any; (f) The proximity of the noise to residential sleeping facilities; (g) The nature and zoning of the area within which the noise emanates; (h) The density of the inhabitation of the area within which the noise emanates; (i) The time of the day or night the noise occurs;
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent, or constant; and (l) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 682 § 1, 2009)
7.25.030 Description of representative offensive conduct.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive namely:
(a) Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horns, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(b) Radios, Phonographs, Live and or Amplified Music, Etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, stereo system, MP3 player, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, yard area or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of ten p.m. and nine a.m. in a residential district or between two a.m. and seven a.m. in a business or commercial district in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or yard area in which it is located shall be prima facie evidence of a violation of this section. 6/17/22, 12:56 PM Chapter 7.25 PROHIBITED NOISE MAKING CONDUCT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_25?view=all 3/5 (c) Electronic Sound Devices in Vehicles. To play, continue to play, or allow to be played a radio, tape player, compact disc player, record player, stereo system, MP3 player, or other similar amplified electronic sound device from any vehicle so that the sound or music emanating therefrom can be heard at a distance of more than one hundred feet at any time of day shall be prima facie evidence of a violation of this section. Exception: The use of loud speakers as described in subsection (e) of this section for which a registration statement as described in Section 7.25.035 has been properly filed with the police department.
(d) Loud Speakers, Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, MP3 player, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure for commercial purposes.
(e) Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities.
(f) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (g) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (h) Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration or repair of any building or general land grading and contour activity using equipment in such a manner as to be plainly audible at a distance of fifty feet from the building other than between the hours of seven a.m. and seven p.m. except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the zoning administrator, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of seven p.m. and seven a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of seven p.m. and seven a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work. (i) Schools, Courts, Churches, Hospitals. The creation of any excessive noise other than that resulting from construction or excavation work on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
6/17/22, 12:56 PM Chapter 7.25 PROHIBITED NOISE MAKING CONDUCT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_25?view=all 4/5 (j) Pile Drivers, Hammers, Etc. The operation between the hours of seven p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector or the director of public services authorizing such devices to be operated during the otherwise prohibited hours while the emergency continues.
(k) Blowers and Motor Driven Cycles. The operating of any noise creating blower or power fan or any cycle powered by an internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is properly muffled and such engine is equipped with a muffler device sufficient to reduce such noise to a level which will not disturb the surrounding neighborhood. The noise limits set forth in Section 23130 of the California Vehicle Code shall be deemed to be the applicable standard for noise emissions; provided, however, the basis for measuring such limits for devices operated on private property shall be a distance of fifty feet from the property line of the parcel of real property on which the device is located or where the neighboring property is lawfully devoted to residential use, within any point on such neighboring property which complies with the required yard setbacks as established in the zoning regulations for the applicable district. (Ord. 682 § 1, 2009)
7.25.040 Necessity for security guards at live music events. (a) As assaults, batteries, assaults with weapons and miscellaneous lesser offenses frequently tend to occur at those live music establishments serving alcohol; (b) That the frequency and degree of such violence is on the increase; (c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, and peace of the city and its inhabitants. (Ord. 682 § 1, 2009)
7.25.050 Live music events, security guard to be present.
Any public building rented, leased or otherwise retained for the purpose of providing live music entertainment by two or more musicians, whether a private or public function, shall provide a uniformed security officer or guard certified by the state of California and licensed with the city of King City to be posted in a conspicuous place within such businesses and buildings. (Ord. 682 § 1, 2009) Contact:
6/17/22, 12:56 PM Chapter 7.25 PROHIBITED NOISE MAKING CONDUCT https://library.qcode.us/lib/king_city_ca/pub/municipal_code/item/title_7-chapter_7_25?view=all 5/5 City Clerk: 831-386-5971
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 01222.0001/797980.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING CHAPTER 7.24 AND 7.25 OF TITLE 7 OF THE KING CITY MUNICIPAL CODE
PERTAINING TO PROHIBITED NOISE MAKING CONDUCT AND REPLACING IT IN ITS ENTIRETY WITH CHAPTER 7.25 NOISE CONTROL STANDARDS WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its police power, the City desires to enact reasonable regulations on noise levels within the city limits; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating noise levels within the city limits; and WHEREAS, this Ordinance is intended to regulate noise levels within the city limits to ensure the health, safety and welfare of both businesses and city residents; and WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to noise levels within the city limits which are illegal under state or federal law; and NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. Chapter 7.24 and 7.25, of Title 7, of the King City Municipal Code are hereby repealed in its entirety and replaced to read as follows:
Chapter 7.25
NOISE CONTROL STANDARDS
Section 7.25.010 Findings.
The City Council finds:
A. The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city.
EXHIBIT 3
01222.0001/797980.1
B. Noise in excess of the levels defined in this chapter within the City is detrimental to the public health, safety, welfare and peace and quiet of the inhabitants of the City and therefore is declared a public nuisance; and C. Every person in the City is entitled to live in an environment free from excessive noise levels; and
D. The establishment of maximum permissible noise level will further the public health, safety and welfare of City inhabitants;
E. The adoption of uniform noise standards for the City will promote uniformity and ease of enforcement.
Section 7.25.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
A. “Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
B. “A-weighted sound level” means the sound level in decibels as measured with a sound level meter using the A-weighted network (scale) at slow meter response. The unit measurement is referred to herein as dB(A) or dBA.
C. “City” means the incorporated area of the City of King.
D. “Decibel” or “dB” means a unit for the measurement of sound.
E. “Director” means the City of King Community Development Director, or his/her designee.
F. “Emergency work” means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.
G. “Fixed noise source” means a stationary device that creates sounds while fixed or motionless, including, but not limited to, machinery, equipment, pumps, fans, compressors, air conditioners, refrigeration equipment and stationary generators, used for residential, agricultural, industrial or commercial purposes.
H. “Hertz (Hz)” means a unit of measurement of frequency, numerically equal to cycles per second.
I. “Holidays” means those days designated or observed as federal holidays and the day after Thanksgiving.
01222.0001/797980.1
J. “Impulsive noise” means a noise of short duration, usually less than one (1) second, with an abrupt onset and rapid decay, such as might be produced by the impact of a pile driver, punch press or a drop hammer.
K. “Noise level” means the sound level in decibels obtained by using a sound level meter.
L. “Person” means a person, firm, association, partnership, joint venture, corporation or any entity, public or private in nature.
M. “Portable generator” means any UL-listed diesel or gas-fired generator not connected to a building’s electrical system and intended to provide power during emergency work.
N. “Residential property” means a parcel or real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
O. “Simple tone noise” or “pure tone noise” means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum.
P. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music or any other sound.
Q. “Sound level meter” means an instrument meeting American National Standard Institute’s Standard for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
R. “Sound pressure level” means a sound pressure level of sound, in decibels, as defined in ANSI Standards 51.2-1962 and 51.13 1921; that is, twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
S. “Zone” means any of the zoning classifications specified in the King City Municipal Code governing zoning.
Section 7.25.030 Sound level measurement.
A. Any noise measurement made pursuant to the provisions of this chapter shall be made with a sound level meter using the A-weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment, if needed, shall be performed immediately prior to recording any noise data.
B. The exterior noise levels shall be measured within fifty (50) feet of the affected noise-sensitive land use, such as residences, schools, churches, hospitals and public libraries. Where practical, the microphone shall be 01222.0001/797980.1
positioned three (3) to five (5) feet above the ground and away from reflective surfaces. The interior noise levels shall be measured within the affected dwelling unit, at points at least four (4) feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.
Section 7.25.040 General Noise Regulations
A. Notwithstanding any other provision of this chapter and in addition thereto, it shall be unlawful for any person to make or cause to be made any sound that endangers or injures the safety or health of humans, or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
B. Sound amplifying equipment shall not be used or operated within five hundred feet of the City Hall when the city council is in session or within five hundred feet of the King City Superior Court when court is in session.
C. Sound amplifying equipment shall not be used at any location where such use or operation would impede the flow of pedestrian or vehicular traffic to such an extent that it would create a dangerous traffic situation or would constitute a detriment to traffic safety.
Section 7.25.050 Exterior noise standards.
A. It is unlawful except as otherwise specified in this chapter for any person at any location within the City to create any noise which causes the noise levels on an affected property, when measured in the designated noise area, to exceed the specified exterior noise standards.
B. The following exterior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within a residentially zoned area, including those areas designated mixed use residential zones. a. 9:00 am to 10:00 pm
i. Maximum Level, 80 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment outdoors or indoors when used or operated to reach persons outdoors.
Section 7.25.060 Interior noise standards.
A. In an apartment, condominium, town house, duplex or multiple dwelling unit it shall be unlawful for any person to create any noise from inside his unit that causes the noise level when measured in a neighboring unit to exceed the specified exterior noise standards.
B. The following interior noise standards, unless otherwise specifically indicated in this Chapter, shall apply to all properties within a residentially zoned area, including those areas designated mixed use residential zones. 01222.0001/797980.1
a. 9:00 am to 10:00 pm
i. Maximum Level, 55 dB
b. 10:00 pm to 9:00 am
i. It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment indoors when used or operated to reach persons indoors.
Section 7.25.070 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events; B. Outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a license or permit by the City;
C. A stationary generator installed and used during emergencies or utility power outages or for routine testing and maintenance.
D. Devices used in conjunction with places of religious worship, such as bells, carillons, chimes and the like.
E. Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work;
F. Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property, provided the activities do take place only between the hours of seven a.m. and seven p.m. except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the zoning administrator, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of seven p.m. and seven a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of seven p.m. and seven a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.. Provided further, however, from June through September, the pouring of concrete may occur starting at five a.m. on weekdays;
G. Noise sources associated with agricultural operations, provided such operations take place only between the hours of six a.m. and eight p.m.; H. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather 01222.0001/797980.1
condition or when the use of mobile noise sources is necessary for pest control;
I. Noise sources associated with maintenance to residential area property, provided the activities take place between the hours of eight a.m. and eight p.m. on any day.
J. Any activity to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the state of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, any other activity to the extent regulation thereof has been preempted by state or federal law or regulation;
K. Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the City and/or United States; L Any noise sources associated with City public works projects, including but not limited to streets, bridges, sewer and water facilities. Noise control for public works projects, if deemed necessary by the City Council or Public Works Director, may be addressed on a project-specific basis. For the purposes of this chapter, “public works projects” shall include the construction, alteration, demolition, installation, maintenance or repair of public infrastructure or facilities, and shall include related work by or under the direction of utility companies.
Section 7.25.080 Specific unlawful noises.
Unless otherwise exempted by other provisions of this chapter, the following acts are declared to be excessive and unnecessary noises in violation of this chapter:
A. Motor noises: any noise made by the motor of any automobile, truck, tractor or motorcycle, not reasonably required in the operation thereof under the circumstances and shall include, but not be limited to, backfiring and motor racing;
B. Electronic Sound Devices in Vehicles. To play, continue to play, or allow to be played a radio, tape player, compact disc player, record player, stereo system, MP3 player, or other similar amplified electronic sound device from any vehicle so that the sound or music emanating therefrom can be heard at a distance of more than one hundred feet at any time of day shall be prima facie evidence of a violation of this section. C. Horns and signaling devices: the sounding of any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such 01222.0001/797980.1
signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or any other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;
C. Yelling and shouting: yelling, shouting, hooting, whistling, singing or blowing of horns on the public streets, particularly between the hours of 10:00 pm and 9:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any noise-sensitive land use, such as a dwelling, hotel, motel, apartment or other type of residence;
D. Pile drivers, hammers, etc.: The operation between the hours of seven p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector or the director of public services authorizing such devices to be operated during the otherwise prohibited hours while the emergency continues;
E. Tools: the use of or operation between the hours of ten p.m. and seven a.m. of any power saw, power planer, or other powered tool or appliance or saw or hammer, or other tool, so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, motel, apartment or other type of residence, or of any person in the vicinity;
F. Blowers: the operating of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operation gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped;
G. Exhausts: the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
H. Loading, unloading – open boxes: the creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
I. Hawkers, peddlers and vendors: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of persons in the neighborhood;
J. Drums: the use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale; K. Transportation of metal, rails, pillars and columns: the transportation of rails, pillars or columns of iron, steel or other material, over and along 01222.0001/797980.1
streets and other public places upon carts, drays, cars, or trucks in any manner so as to cause loud noises or to disturb the peace and quiet of persons in the vicinity thereof;
L. Animals, birds, fowl: the keeping of any animal, fowl or bird which by causing frequent or long continued noise shall disturb the comfort or repose of persons in the vicinity;
M. Any noise emitted from an electronic device, including a radio or television outdoors on or in any publicly owned property or place, including but not limited to public parks, when such noise is audible to a person of normal hearing sensitivity one hundred (100) feet from the electronic device:
1. Notwithstanding any other provision of this chapter, no notice to appear shall be issued or criminal complaint shall be filed for a violation of this subsection unless the offending party is first given a verbal or written notification of violation by any peace officer or other person charged with enforcing this subsection and a reasonable opportunity to correct the violation.
2. Notwithstanding any other provision of this code, any person violating this subsection shall be guilty of an offense and shall be punishable in accordance with the King City
Municipal Code. This subsection shall apply
notwithstanding the provisions Section 7.25.060(B). As used in this subsection, “person of normal hearing sensitivity” means a person who has a hearing threshold level of between zero (0) and twenty-five (25) decibels HL averaged over the frequencies five hundred (500), one thousand (1,000) and two thousand (2,000) Hertz.
N. Schools, Courts, Churches, Hospitals. The creation of any excessive noise other than that resulting from construction or excavation work on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
Section 7.25.080 Quiet Zones Establishment
The city council, for the purpose of preventing disturbance to the occupants of churches, hospitals, institutions reserved for the sick, schools or educational institutions, or the student or faculties of said schools or educational institutions, may establish by resolution, zones of quiet adjacent to churches, hospitals, institutions reserved for the sick, schools and educational institutions, when the superintendent or chief executive officer of such church or institution requests the establishment of such zones.
Section 7.25.090 Quiet Zone Sign Installation - Maintenance 01222.0001/797980.1
The resolution establishing a zone of quiet shall describe the extent of said zone of quiet, and upon the establishment thereof, the department of public works is hereby authorized to install and maintain appropriate signs to indicate the existence of said zone, provided that the expense of such installation and maintenance is paid by the institution making such request prior to such installation.
Section 7.25.100 Quiet Zone Signs Required
It is unlawful for any person to use or operate or permit the use of or operation of any sound amplifying equipment out of doors or indoors when used or operated to reach persons out of doors within any zone of quiet established by resolution of the city council, provided that signs indicating the existence of such zone of quiet have been erected and are in place.
Section 7.25.110 Institutional Provisions
The only provisions of this chapter which apply to the use or operation of sound amplifying equipment by a hospital, church, school or educational institution when used or operated upon property owned or controlled by said hospital, church, school or educational institution are the provisions of Section 7.25.040 through 7.25.080 which limit the time of use or operation to the hours between nine a.m. and ten p.m., which require that the volume of sound shall be controlled so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility, and which prohibit the use or operation within five hundred feet of the City Hall when the city council is in session or within five hundred feet of the King City justice court when court is in session.
Section 7.25.120 Necessity for security guards at live music events A. As assaults, batteries, assaults with weapons and miscellaneous lesser offenses frequently tend to occur at those live music establishments serving alcohol; B. That the frequency and degree of such violence is on the increase; C. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, and peace of the city and its inhabitants.
Section 7.25.130 Live music events, security guard to be present Any public building rented, leased or otherwise retained for the purpose of providing live music entertainment by two or more musicians, whether a private or public function, shall provide a uniformed security officer or guard certified by the state of California and licensed with the city of King City to be posted in a conspicuous place within such businesses and buildings.
Section 7.25.140 Violations.
01222.0001/797980.1
A. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
B. It is unlawful and a public nuisance to violate any of the provisions of this chapter. Violation of this chapter may be criminally charged as either an infraction or a misdemeanor in the sole discretion of the City Attorney.
C. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief.
D. Administrative Penalties. Each and every day, or portion thereof, a violation exists is a new and separate offense.
1. The administrative citation penalty for all violations of this chapter, within a rolling 12-month period, deemed misdemeanors shall be as follows:
(i) First administrative citation: $250.00 per violation; (ii) Second administrative citation: $500.00 per violation; (iii) Third administrative citation: $1,000.00 per violation; and (iv) One thousand dollars per violation for each subsequent administrative citation.
2. The administrative citation penalty for all violations of this chapter, within a rolling 12-month period, deemed infractions shall be as follows:
(i) First administrative citation: $100.00 per violation; (ii) Second administrative citation: $200.00 per violation; (iii) Third administrative citation: $500.00 per violation; and (iv) Five hundred dollars per violation for each subsequent administrative citation.
Section 7.25.150 Judicial review.
Any appeal denied in compliance with this Chapter shall be subject to judicial review to the extent provided by Code of Civil Procedure section 1094.8 et seq.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its 01222.0001/797980.1
adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
STEVEN ADAMS, City Clerk
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 9 (G)
STAFF REPORT
DATE: JULY 12, 2021
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF AWARD OF BID FOR THE 2022 KING
CITY STREET PROJECT, INCLUDING ADOPTING FINDING OF
A CATEGORICAL EXEMPTION, PURSUANT TO SECTION
15301 OF THE CEQA GUIDELINES
RECOMMENDATION:
It is recommended City Council: 1) award the 2022 King City Street Project as proposed by Cal Valley Construction in the amount of $395,739; 2) authorize the City Manager to approve change orders up to 10% of the contract cost; and 3) adopt a finding of a Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines.
BACKGROUND:
Broadway Street is in need of maintenance due to its age and high traffic volumes, particularly the segment from the Highway 101 underpass to Broadway Circle. The City receives frequent complaints about potholes at this location, and Public Works staff have made a number of temporary patches. It is on the City’s list of projects to be completed based on the pavement management program performed in 2019.
Reconstruction of this portion of Broadway Street was included in the Capital Improvement Budget for FY 2021-22, but staff has delayed the work to coordinate with Highway 101 construction to minimize inconvenience to the public. Caltrans work on the adjacent on and off ramps are now scheduled to proceed, so staff is recommending the City Council approve a contract for reconstruction of the 2022 King City Street Project at this time. The 2022 King City Street Project consists of AC grinding and overlaying on Broadway Street from the US 101 on and off ramps to Broadway Circle. This street segment represents staff’s recommended current top priority for street improvements.
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR THE 2022 KING CITY STREET
PROJECT, INCLUDING ADOPTING FINDING OF A CATEGORICAL
EXEMPTION, PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES JULY 12, 2022
PAGE 2 OF 3
DISCUSSION:
Performing paving projects along Broadway Street near the US 101 southbound offramp requires closure of partial lanes in order to perform the work. Closing lanes on Broadway effects highway operations and will cause vehicles to back up on the offramp with the possibility of backing up onto the highway.
Caltrans work on US 101 along the King City corridor includes reconstruction of the highway on and off ramps causing the closure of ramps for multiple weeks.
The City reached out to Caltrans to explore the opportunity to have their contractor pave Broadway Street from the northbound Broadway Street on and off ramps to Broadway Circle in order take advantage of the southbound off ramp closure. Performing the work in this manner reduces road closures and set up of contractor staff and equipment, which reduces costs and impacts to the public.
It was suggested to contract directly with the paving subcontractor, Cal Valley Construction, to avoid a markup to costs. The project cost is based on the 2019 Caltrans bid price for the US 101 project plus escalation due to material cost increases and inflation. Caltrans is tentatively scheduled to perform work on the southbound off ramp toward the end of July which is subject to change.
The contractor has been experiencing the price of asphalt concrete go down recently, which may decrease the price escalation for the project.
The estimated cost for the project is:
Contractor Base bid
Cal Valley Construction $395,739.00
Staff believes this is a good bid and the City is achieving savings by coordinating with construction on Highway 101 since the City will be using the same contractor and achieving the benefit of their bid on a much larger scale project.
COST ANALYSIS:
King City’s Capital Improvement Project titled Annual Street Improvement Program, which includes annual street repaving and slurry projects, has a total appropriation of $849,121 currently available. For this project, the total proposed appropriation with construction management and contingencies for this project is $469,000. The project will be paid from FY 2021-22 Measure X sales tax funds administered through the Transportation Agency of Monterey County (TAMC).
EXHIBIT 1
Item No. 9(H)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF VOTING DELEGATE FOR THE LEAGUE
OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING
RECOMMENDATION:
It recommended the City Council designate Council Member Acosta as the City’s voting delegate for the League of California Cities Annual Business Meeting at the Annual Conference.
BACKGROUND:
The League of California Cities Annual Conference is scheduled for September 7 th through the 9th in Long Beach. An important part of the Annual Conference is the Annual Business Meeting during the General Assembly, which is scheduled at noon on Friday, September 9
th. At that meeting, delegates take action on
resolutions that establish League policies. In order to participate, cities are requested to formally appoint a voting delegate.
DISCUSSION:
Council Member Acosta is the only representative from the Council that has expressed an interest or ability to attend the Annual Conference and willingness to serve as the voting delegate. Therefore, staff recommends she be designated as the City’s voting delegate.
COST ANALYSIS:
Funding is available in the budget to attend the Conference.
Item No. 9 (I)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF A RESOLUTION DESIGNATING ERICA
SONNE TO FULFILL THE DUTIES OF THE CITY CLERK
RECOMMENDATION:
It is recommended the City Council adopt a Resolution designating Erica Sonne to fulfill the duties of the City Clerk.
BACKGROUND:
In 2011, due to budget constraints, the City Council adopted an Ordinance transferring City Clerk responsibilities to the City Manager on an ex officio basis if so designated by the City Council. As a result, after the existing City Manager was hired, the City Council adopted a Resolution on November 10, 2015 designating him to fulfill the duties of the City Clerk.
The City Council adopted a new Memorandum of Understanding (MOU) with the King City Confidential Employees Association (KCCEA) on June 14, 2022 and a new Classification Plan on June 28, 2022 reclassifying the Executive Assistant/Deputy City Clerk position to City Clerk. Subsequently, the City Manager appointed Erica Sonne to serve as City Clerk effective on July 2, 2022.
DISCUSSION:
Since the City Manager had been designated to serve as City Clerk, a new Council Resolution is necessary to transfer those responsibilities to Erica Sonne in her new role even though the City Manager has the authority to make the appointment. A Resolution taking this action is attached for City Council consideration.
When the change was made in 2011, the prior section in the Municipal Code outlining responsibilities of the City Clerk appears to have been deleted. Staff
RESOLUTION NO. 2022-4893
RESOLUTION DESIGNATING ERICA SONNE TO FULFILL
THE DUTIES OF THE CITY CLERK
WHEREAS, at the November 10, 2015 meeting, the City Council adopted a Resolution designating Steven Adams to fulfill the duties of the City Clerk consistent with Municipal Code Section 2.08.06 (13);
WHEREAS, the City Council adopted a new Memorandum of Understanding (MOU) with the King City Confidential Employees Association (KCCEA) on June 14, 2022 and a new Classification Plan on June 28, 2022 reclassifying the Executive Assistant/Deputy City Clerk position to City Clerk; and
WHEREAS, the City Manager appointed Erica Sonne to serve as City Clerk effective on July 2, 2022; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of King that Erica Sonne is authorized to fulfill all the duties of City Clerk for the City of King.
This resolution was passed and adopted this 12th day of July, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
_________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Steven Adams, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 10 (A)
STAFF REPORT
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF AN ORDINANCE AMENDING SPEED
LIMITS
RECOMMENDATION:
It is recommended City Council: introduce an Ordinance amending Municipal Code Chapter 10.36 to amend speed limits for portions of San Antonio Drive, Canal Street, Bitterwater Road and Mildred Avenue to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve introduction of the Ordinance.
BACKGROUND:
The California Vehicle Code (CVC) Section 22357 requires posted speed limits along collector and arterial roadways to be established and justified by a certified speed survey. Furthermore, per CVC Section 40802, in order for posted speed limits to be enforceable, each speed survey needs to be updated every seven (7) years. The update interval of the speed survey can be extended to ten (10) years when a registered engineer determines that no significant changes in roadway or traffic conditions have occurred. Posted speed limits that do not have a current speed survey are not enforceable by the Police Department using radar.
On December 17, 2021, a contract was awarded to TL Engineering to prepare a new Engineering and Traffic Survey at 16 locations and 10 roadways throughout the City in accordance with the California Vehicle Code (CVC) and California Manual on Uniform Traffic Control Devices (MUTCD). The results of the surveys and TL Engineering’s recommendations and comments were incorporated into the final speed survey results, which were presented to the City Council at the June 28, 2022 meeting. The City Council adopted a Resolution formally approving the survey results.
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SPEED LIMITS
JULY 12, 2022
PAGE 2 OF 4
DISCUSSION:
According to the California Manual of Uniform Traffic Control Device (CA MUTCD), the posted speed limit established after 2006 must be set at the nearest 5 mph increment of the 85th percentile speed that was surveyed, with the City Engineer having the option of lowering it by an additional 5 mph to address traffic safety needs of the community. This methodology is based on evidence and an assumption that 85% of drivers will travel at the safe speed for the conditions of a specific street.
For example, if the 85th percentile speed surveyed for a roadway is 37 mph, the posted speed limit will be set at 35 mph (the nearest 5 mph increment), with the City Engineer having the option of lowering it down to 30 mph. If the 85th percentile speed surveyed is 38 mph, the posted speed limit will be set at 40 mph (the nearest 5 mph increment), with the City Engineer having the option of lowering it down to 35 mph.
According to the 2022 speed survey results, there are four roadway segments where the consultant recommended an increase in the posted speed limit based.
Roadway Segment Limit Existing Speed Limit
(mph)
Proposed Speed Limit
(mph)
San Antonio Drive, Broadway
Street to Willow Street
35 35
San Antonio Drive, Willow Street
to Mildred Avenue
25 30
San Antonio Drive, Mildred
Avenue to Metz Road
25 30
Bitterwater Road, Metz Road to
Airport Road
35 35
Bitterwater Road, Airport Road to
City limits
35 40
Canal Street, Rio Vista Drive to
Division Street
25 30
Division Street, Canal Street to
Vanderhurst Avenue
25 25
Division Street, Vanderhurst
Avenue to First Street
25 25
Ellis Street, Mildred Avenue to
First Street
25 25
Metz Road, Bitterwater Road to
San Antonio Drive
35 35
CITY COUNCIL
CONSIDERATION OF AN ORDINANCE AMENDING SPEED LIMITS
JULY 12, 2022
PAGE 3 OF 4
First Street, Hwy 101 Ramps to
Lonoak Road
45 45
First Street, Lonoak Road to
Division Street
35 35
First Street, Division Street to
Ellis Street
25 25
Third Street, Division Street to
San Antonio Drive
25 25
Mildred Avenue, Division Street
to San Antonio Drive
25 30
River Drive, Hwy 101/Broadway
Circle to Canal Street
25 25
The following recommendations were approved by the City Council:
San Antonio Drive (between Willow Street to Mildred Ave) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
San Antonio Drive (between Mildred Ave to Metz Road) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Bitterwater Road (between Airport Road to City Limits) - TL Engineering recommends that the proposed 40 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Canal Street (between Rio Vista Drive and Division Street) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Mildred Avenue (between Division Street and San Antonio Drive) – TL Engineering recommends that the proposed 30 mph speed limit be adopted to allow the use of radar to enforce vehicle speeds.
Since speeds are set forth in the Municipal Code, an Ordinance is required to formally adopt the changes. Therefore, an Ordinance has been drafted and is attached for City Council consideration to update the City’s speed limits.
The update is an important measure in the City’s increased traffic enforcement efforts. The Police Department has not been able to issue citations on these streets since a traffic survey has not been prepared for many years. As a result, any citations issued would not be upheld by the court. Once the updated speed
01222.0001/802529.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING SECTION 10.36.020, OF CHAPTER 10.36, OF TITLE 10 OF THE KING CITY
MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC
WHEREAS, the City of King (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, pursuant to the City’s express statutory authority and its police power, the City desires to enact reasonable regulations on noise levels within the city limits; and WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating speed limits within the city limits; and WHEREAS, this Ordinance is intended to regulate speed limits within the city limits to ensure the health, safety and welfare of both businesses and city residents; and WHEREAS, the California Vehicle Code (CVC) Section 22357 requires posted speed limits along collector and arterial roadways to be established and justified by a certified speed survey; and
WHEREAS, per CVC Section 40802, in order for posted speed limits to be enforceable, each speed survey needs to be updated every seven (7) years and the update interval of the speed survey can be extended to ten (10) years when a registered engineer determines that no significant changes in roadway or traffic conditions have occurred; and WHEREAS, posted speed limits that do not have a current speed survey are not enforceable by the Police Department using radar; and
WHEREAS, on December 17, 2021, a contract was awarded to TL Engineering to prepare a new Engineering and Traffic Survey at 16 locations and 10 roadways throughout the City in accordance with the California Vehicle Code (CVC) and California Manual on Uniform Traffic Control Devices (MUTCD); and
WHEREAS, the results of the surveys and TL Engineering’s recommendations and comments were incorporated into the final speed survey results, which were presented to the City Council at the June 28, 2022 meeting; and
WHEREAS, the City Council adopted a Resolution formally approving the survey results; and
NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) Further, the adoption 01222.0001/802529.1
and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. Section 10.36.020, of Chapter 10.36, of Title 10, of the King City Municipal Code is hereby repealed in its entirety and replaced to read as follows:
Chapter 10.36
SPEED LIMITS
Section 10.36.020 Designations of Speed Limits.
Pursuant to authority contained in Sections 22357 and 22358 of the California Vehicle Code, it is determined upon the basis of an engineering and traffic study that a prima facie speed limit greater or lesser than that permitted by state law would facilitate the orderly movement of vehicular traffic on city streets and would be reasonable and safe under the conditions found to exist upon such streets, and it is declared that the prima facie speed limits on all streets within the city shall be twenty-five miles per hour, except that on the following streets or parts of streets now or hereafter within the city, the prima facie speed limit shall be as follows:
Roadway Segment Limit Speed Limit
(mph)
San Antonio Drive, Broadway Street to Willow Street 35
San Antonio Drive, Willow Street to Mildred Avenue 30
San Antonio Drive, Mildred Avenue to Metz Road 30
Bitterwater Road, Metz Road to Airport Road 35
Bitterwater Road, Airport Road to City limits 40
Canal Street, Rio Vista Drive to Division Street 30
Division Street, Canal Street to Vanderhurst Avenue 25
Division Street, Vanderhurst Avenue to First Street 25
Ellis Street, Mildred Avenue to First Street 25
Metz Road, Bitterwater Road to San Antonio Drive 35
First Street, Hwy 101 Ramps to Lonoak Road 45
First Street, Lonoak Road to Division Street 35
First Street, Division Street to Ellis Street 25
Third Street, Division Street to San Antonio Drive 25
Mildred Avenue, Division Street to San Antonio Drive 30 River Drive, Hwy 101/Broadway Circle to Canal Street 25 01222.0001/802529.1
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the _____ day of _________________ 2022, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
STEVEN ADAMS, City Clerk
CITY OF KING
By:
MIKE LEBARRE, Mayor
APPROVED AS TO FORM:
By:
ROY C. SANTOS, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicated herein.
Item No. 11 (A)
STAFF REPORT
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF AWARD OF CONTRACT FOR DESIGN OF
THE NEW WASTEWATER TREATMENT PLANT
RECOMMENDATION:
It is recommended City Council: authorize the City Manager to: 1) execute an Agreement for Engineering Services with Carollo Engineers, Inc. for design of a new 2.0 to 2.2 million gallons per day (MGD) secondary wastewater treatment plant and tertiary treatment and storage/distribution system not-to-exceed $5,875,759; 2) approve other optional tasks and/or change orders under a contingency budget up to $205,848; and 3) make non-substantive changes to the contract as necessary in a form approved by the City Attorney.
BACKGROUND:
At the September 12, 2017 meeting, the City Council approved a Wastewater Treatment Facilities Plan prepared by Carollo Engineers, Inc. to replace and upgrade the City’s wastewater treatment plant (WWTP). Upgrade of the plant was determined to be required in order to meet State standards and to accommodate future capacity needs.
The plan for replacement included a partnership with California Water Service Company (Cal Water) whereby the City would fund upgrade of the plant to secondary treatment and Cal Water would fund additional costs to provide tertiary treatment needed to produce recycled water. In exchange for their participation, Cal Water would own and be able to sell the recycled water from the plant. The City Council also later approved contracting with Carollo Engineers, Inc. under a joint agreement with Cal Water for preparation of a Recycled Water Feasibility Study. The majority of costs of the study were funded through a State grant.
CITY COUNCIL
CONSIDERATION OF AWARD OF CONTRACT FOR DESIGN OF THE NEW
WASTEWATER TREATMENT PLANT
JULY 12, 2022
PAGE 2 OF 4
In September 2021, the California Regional Water Quality Control Board, Central Coast Region (Regional Board), adopted a new General Order regulating municipal wastewater treatment facilities of 100,000 gallon per day capacity and larger, which has made upgrade of the City’s WWTP even more urgent. As part of this new General Order, new more stringent effluent limitations are required to be met consistent with the Regional Board’s Basin Plan Objectives for protection of water quality. The City’s existing WWTP is a pond system and is not capable of achieving nitrogen removal as required in the General Permit.
The City desires to implement a new wastewater project to: 1) comply with the General Order; 2) increase treatment capacity to meet the City’s needs with anticipated growth for the next 20+ years; and 3) provide opportunities to recycle the City’s wastewater for beneficial reuse into the future as California continues to experience severe water shortages. City staff recommends award of a contract to Carollo Engineers, Inc. for design following an extensive solicitation process.
DISCUSSION:
Given the cost, complexity and alternative technologies available for this project, the City recently retained the Wallace Group to perform a peer review of the recommendations of Carollo Engineers Facilities Plan and to coordinate the selection process for design services. Based on the results of their peer review, the technology recommended in the Facilities Plan was confirmed as the preferred approach based on construction costs, operational costs and overall feasibility.
On March 29, 2022, the City issued a Request for Qualifications/Request for Proposals for design services. Proposals were received from two prominent wastewater engineering firms (Carollo Engineers, Stantec). Interviews were then conducted by a review panel on June 8th, which unanimously recommended the selection of Carollo Engineers.
When the Facilities Plan was first approved, the City Council approved staff’s recommendation to phase the project. Under this approach, the first phase would meet the City’s immediate needs through upgrade of the plant to 1.3 MWD and then be upgraded to 2.0 MWD in the future. Since that time, growth and new development have continued to occur, costs have escalated considerably, and substantial new opportunities for funding assistance at the State level have been established.
As a result, staff is presenting a number of recommendations related to proceeding with the project. First of all, staff is attempting to accelerate the project as quickly as possible in order to meet eligibility requirements for State funding that is currently available.
CITY COUNCIL
CONSIDERATION OF AWARD OF CONTRACT FOR DESIGN OF THE NEW
WASTEWATER TREATMENT PLANT
JULY 12, 2022
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Second, staff recommends designing and constructing the project in one phase.
Given the high costs of the project, staff believes it would be in the City’s best interests to avoid needing to construct another phase for at least 30 years, which this project should accomplish. There is also a unique opportunity to access funding that will likely not be available in the future. One of the tasks of the design firm will be to update the accurate capacity need, but it is projected to be in the range of 2.0 to 2.2 MWD.
Third, staff is recommending the City fund the full cost of design for both the secondary and tertiary treatment components of the facility at this time. This will prevent any delays in the project and increase the City’s eligibility for State funding. It will also maintain flexibility for the City to potentially own and operate the entire facility if enough funding assistance is obtained from the State to avoid the need to share costs with Cal Water. Under this scenario, the City would likely negotiate some type of alternative agreement with Cal Water for sale of the water. There are a number of advantages to this approach if economically viable.
COST ANALYSIS:
In 2019, the City adopted a new funding plan and wastewater rates in anticipation of funding the first phase of the secondary treatment project. The total cost of the project was projected to be approximately $43.8 million to be funded as follows:
• Wastewater Fund Cash Reserve, $12.8 million
• Grants, $7 million
• State Revolving Fund Loan, $24 million
Due to the escalation of costs and increase in the size of the plant, the revised cost for the project has increased to $58.4 million for the secondary treatment and an additional $27.0 million for the tertiary treatment. Once Carollo Engineers begins work, the consultant will be tasked with updating and verifying the estimated project costs at several points in the design process.
Despite the substantial increase in costs, staff believes State funding may actually reduce the out-of-pocket costs to the City. Once plans reach 30% design completion, the City can proceed through the State funding process to determine the amount of funding available. The design work is being conducted so a decision whether to construct the tertiary treatment facility will be handled separately from the secondary treatment. This will maintain the City’s flexibility to ensure the project is achievable with available revenues depending on the amount of State funds approved.
HRCSD – RFQ/P FOR WRF Upgrade 1 of 10 3/29/2022
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING WATER RECLAMATION FACILITY DESIGN
The City of King (“King City” or “City”) has prepared this Request for Qualifications/Proposals (RFQ/P) for replacement of the City’s existing Wastewater Treatment Plant (WWTP) to a new Water Reclamation Facility (WRF) for the City of King, Monterey County, California.
Proposal Due Date: May 12 (Thursday), 2022, 3 p.m. local time. Any proposals received after this date/time will be returned to the proposer unopened. It shall be the proposers’ responsibility to verify and confirm receipt of the proposals by the specified due date and time.
Proposal Delivery Location: 212 South Vanderhurst Avenue, King City, CA 93930. All proposals shall be in sealed envelopes/containers, with a label containing proposal title, proposer’s name, and proposal due date and time.
Number of Copies of Proposal to be Provided: 5 hard copies, one thumb drive. The thumb drive shall include a complete copy of the Proposal, EXCLUDING PROPOSED FEES.
Contact: Steve Tanaka, Wallace Group, at (805) 441-2293, [email protected], for details and information regarding this RFQ/P and proposal requirements.
BACKGROUND
King City is a small, disadvantaged community of 13,332 people, located in the southern Salinas Valley in Monterey County. The City lies 155 miles south of San Francisco and 277 miles north of Los Angeles. The City has an aging secondary wastewater treatment pond system and must upgrade or replace their existing wastewater treatment plant to ensure compliance with Region 3, Regional Water Quality Control Board (Regional Board) General Order, which was adopted in September 2020.
The City provides wastewater services to its residents. Potable water service is provided by California Water Service (“Cal Water”). Domestic wastewater is treated by an existing 1.2 mgd pond treatment system, and effluent disposal is accomplished by percolation to the underlying groundwater (within the Salinas River Hydrologic Unit).
The City retained Carollo Engineers to prepare a comprehensive Wastewater Treatment Facility Plan, dated September 2017. Carollo subsequently prepared a Recycled Water Feasibility Study in 2019. The City is in the process of being enrolled in recently adopted General Order and must soon meet compliance with its requirements. In order to accomplish this, and to also provide tertiary recycled water for reuse in the City’s service area for the purposes of conserving water resources, the City (in conjunction with Cal Water) desires to implement Alternative No. 1 (Carollo Engineers Wastewater Exhibit 1
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 2 of 19 3/29/2022
Treatment Facilities Plan), which consists of replacing the City’s existing wastewater facility with a new secondary treatment plant (oxidation ditch) capable of providing nutrient removal to meet General Order “Table 6” requirements with the potential of including a tertiary treatment component (continuous backwash filtration, ultraviolet (UV) disinfection) meeting “Table 8” requirements. The new WRF is envisioned to fit within the existing footprint of Ponds 1 and 2 of the existing WWTP. Distribution of the tertiary treated recycled water (pumping, distribution) will be funded separately from the secondary treatment facility and treated as an independent project. It may be included in the initial construction phase or added later as a future phase. Therefore, it is intended to be treated as a bid alternate in both the design and construction of the project..
The City is in the process of completing California Environmental Quality Act (CEQA) review, which will include addressing federal NEPA requirements based on the City’s pursuit of State and Federal grant and loan monies.
INFORMATION AVAILABLE
Consultants are encouraged to review current available project-related information electronically; such documents will be made available by download at the City’s website, https://www.kingcity.com. A site visit may be conducted only during the day of the pre-proposal meeting due to COVID restrictions and logistics. This site visit will be conducted with all consultants as a group; no individual site visits will be accommodated. Consultants shall be prepared to caravan in their own vehicles to the existing WWTP site, guided by City staff. Consultants must contact Steve Tanaka, Wallace Group, at (805) 441-2293, to confirm attendance at the pre-proposal meeting.
The following documents are available for review electronically:
• Regional Board. “General Waste Discharge Requirements, Order No. R-2020- 0020, for Discharges from Domestic Wastewater Systems with Flows Greater than 100,000 Gallons Per Day”, September 25, 2020.
• “King City, Wastewater Treatment Facilities Plan”, dated September 2017 (available for download on City’s web site).
• WDR Order No. 91-05, King City Domestic Wastewater Facility, January 11, 1991 (Appendix A of Carollo 2017 Facilities Plan).
• “King City, Recycled Water Feasibility Study”, dated April 2019 (available for download on City’s web site).
• King City. Annual Reports to Regional Board (2021, and earlier reports available upon request).
• King City. “Report of Waste Discharge (ROWD), Notice of Intent (NOI)” (for enrollment in General Order), dated November 20, 2021.
• Bartle Wells Associates. “King City Wastewater Rate Study”, dated February 19, 2019
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 3 of 19 3/29/2022
• Carollo Engineers. “Wastewater Treatment and Disposal Facilities, Operation and Maintenance Manual”, 1991.
INQUIRIES DURING PROPOSAL PERIOD
Consultants must direct all inquiries to the City in writing, via email to the City’s Consultant, Steve Tanaka, [email protected]. All inquiries will be responded to in writing, and questions and responses will be disseminated to all consultant teams for their consideration. The origin of the questions will not be disclosed. All inquiries must be received no later than Thursday, May 5, 2022 (close of business) in order to receive responses from the City. Inquiries received after this deadline will not be considered or responded to.
Each proposal team will be allowed one 1-hour web-based teleconference meeting with the City separate from the pre-proposal meeting for further discussion regarding the Project with City staff. Arrange for such meeting through the City Engineer via email at the email address indicated earlier in this RFQ/P. Individual meetings with subconsultants will not be accommodated; however, subconsultants may participate in this single web-based teleconference meeting.
MANDATORY PRE-PROPOSAL MEETING
A mandatory pre-proposal meeting will be held on Wednesday, April 13, 2022 from 10:00 a.m. to 11:00 a.m., in the City’s Council Chamber, located at 212 South Vanderhurst Avenue, King City, CA 93930. Attendance is mandatory (in-person or by Zoom/web-based meeting platform is acceptable; however, please note that prime consultants that choose to meet via web-based platform will not be granted a separate opportunity for site visit at the WWTP) for all prime consultants, but is not mandatory for subconsultant team members. If Consultants requested to be accommodated by a Zoom/web-based meeting, you must notify the City at least two working days prior to the meeting to allow City time to arrange for the web-based meeting. The City will present an overview of the project and will review the proposal requirements. The City will answer any questions from attendees during the meeting.
Consultants are encouraged to visit the project site immediately following this preproposal meeting to acquaint themselves with the project. The City will take Consultants to the existing WWTP site, as well as the existing effluent disposal fields.
ADDENDA TO RFQ/P
Through the course of the proposal development, consultants may raise questions concerning the RFQ/P, which may impact proposals. The City will issue addenda as necessary to further clarify the requirements and expectations of the RFQ/P. The City reserves the right to issue addenda up to 5 business days prior to the due date of the proposal (refer to last day for Consultants to submit questions), without time extension
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
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of the proposal due date. At the time each addendum is issued, consultants shall acknowledge receipt by immediately faxing the acknowledgment form (included with the addendum) to the City.
PROPOSAL REQUIREMENTS
Submit One Proposal. Prime consultants shall be limited to only one proposal/project team for the Project. Subconsultants, however, may be included in multiple proposals with various prime consultants.
Proposal Rejection or Withdrawal. Late proposals (submitted after the specified due date/time) shall be rejected by the City and returned unopened to the Proposer. The City reserves the right to accept or reject any or all proposals. Proposals may be withdrawn by a signed written request submitted to the City at any time prior to 5 p.m. of the due date of the proposal.
Project Manager. The Project Manager shall be the same person named as Project Manager in the Proposal and shall be dedicated to this Project as appropriate to execute the project in a timely and effective manner. Should the designated Project Manager not be able to fulfill this commitment during the course of the Project, the Consultant shall notify the City within 10 working days of proposed personnel change and shall submit the qualifications of the new proposed Project Manager, subject to approval by the City.
Agreement. The City’s standard professional services agreement is included as Attachment A. Please refer to RFQ/P instructions, and provide comments/requested revisions to the Agreement as part of your Proposal. Upon being selected for this Project, Consultant and City will negotiate terms and conditions of the Agreement with the selected Consultant; however, the Proposer shall bear in mind that should a funding agency used by the City require specific terms and conditions not included in City’s Agreement, Consultant shall abide by all funding agency requirements without exception. This Agreement and RFQ/P is for the design services and optional services for assistance during bidding and engineering support during construction.
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
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Agreement Execution. The selected consultant shall execute the written contract with the City within 10 working days after notice of award has been granted by the City.
Failure to accept and execute the Agreement will cancel the notice of award, and the City will continue negotiations with the next highest ranked firm.
Proof of Insurance. Consultant shall provide proof of insurance in the form, coverages, and amounts specified in the Agreement within 7 working days following notice of contract award. Such insurance proof shall be a pre-condition of contract execution.
Federal Debarment. Each prime proposers must provide an active DUNS number from the Sam.Gov website, to be eligible for contract with the City of King based on federal funding sources.
PROPOSAL FORMAT
General. Proposals shall be prepared in accordance with the format specified in this section. Proposals that do not follow this format will be subject to rejection by the City.
Provide proposals in the following format:
• Provide proposed fees in a separate sealed envelope, clearly marked with the proposer’s company name and address, and labeled “Proposed Fees for City of King Water Reclamation Facility Project. Prime consultant fees shall be broken down by hours per task, in accordance with the labor classifications and rates specified, and per Section 5 of the Proposal. • Letter of Transmittal. Provide a brief transmittal letter (2 pages maximum) transmitting the proposal to the City.
• Table of Contents.
• Section 1. Project Understanding and Approach. Provide your team’s understanding and approach to the overall project. Discuss issues and concerns and express your ideas and methodology on how best to approach and execute the project. Include your approach to project management, teamwork, communications, quality assurance/control, and cost and schedule controls.
Describe your team’s experience with various funding agencies and funding opportunities for similar type projects, and your experience working with the Regional Board (in general, and specifically with Region 3 staff). Discuss project phasing and implementation to maintain operation of the existing WWTP during construction of the new WRF. Provide a preliminary list of drawings that your team expects to prepare for the new WRF.
• Section 2. Project Team/Qualifications. Provide an organization chart showing design team, organization/lines of communication, and team member qualifications
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 6 of 19 3/29/2022
germane to this project. Clearly state your proposed project manager and corresponding qualifications. The proposed Project manager must be a California licensed Professional Engineer. Include all subconsultants as part of the proposed team and describe your past working relationships with each subconsultant. Full resumes shall be placed in Appendix A. Team member references shall be included in Appendix B. Provide a minimum of three references, two of which must be for the proposed Project Manager. State the contact/agency name, brief title/description of project, contact telephone number. • Section 3. Relevant Project Experience. Provide your team’s relevant project experience as it relates to the nature of this project, including the experience of proposed subconsultants. Include design projects of similar nature, magnitude and complexity to this project. Also include your experience in working with various funding agencies, including State SRF, USDA/RUS, CDBG and other potential funding agencies. Where appropriate, include engineer’s estimate of construction cost, construction bid, final construction cost and percentage of change represented by change orders. Provide the year(s) the Work was performed and identify key team members and their roles on the project. Projects listed should be specifically relevant to key aspects of the City’s proposed WRF (oxidation ditch, filtration and disinfection) Project.
• Section 4. Scope of Services. Provide a detailed scope of services for the project. Embellish on the scope outline in this RFQ/P. Clearly delineate any optional tasks as such, addressing items that may not be listed in the Scope Outline of this RFQ/P. Provide a subsection within this Section 4, and present Consultant’s comments and requested revisions to the City’s standard agreement (Attachment A).
• Section 5. Project Schedule. Provide a detailed project schedule, in graphic format, along with written explanation of assumptions, or specific details, issues or concerns regarding the proposed schedule. Show graphically and clearly indicate all schedule components, including mandatory compliance schedules stipulated in the General Order, those schedule items for City and agency review, defined deliverables and other items as deemed necessary. Show how schedule for various discrete project tasks inter-relate to other tasks as the Project progresses.
Include in the schedule all anticipated time allotments for agency reviews, public participation, and other schedule provisions. Clearly state all assumptions and basis for the proposed schedule. The proposal and project award schedule are as follows:
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 7 of 19 3/29/2022
Item Date
Proposal Due May 12, 2022, 3 p.m. local time
City Review of Proposals May 13, 2022 through May 20,
2022
City Issue of Short-List (3 firms) May 23, 2022
Interviews (if needed) June 6, 2022
City Recommendation of Selected
Firm/Staff Report
June 17, 2022
Consultant Notice of Contract
Award/Begin Contract Negotiations
June 22, 2022
• Appendix A. Team Member Resumes
• Appendix B. References
• Appendix C. Billing Rates
• Manpower Estimate/Fees. IN A SEPARATE SEALED ENVELOPE, provide a labor estimate, broken down by hours and task, that demonstrates your understanding of the scope of work and level of effort required to accomplish all tasks. Provide proposed consultant fees, using the same hourly rates proposed in Consultant’s billing rate schedule. Provide the standard billing rate sheets for the prime consultant and each subconsultant and include such billing rate sheets in Appendix C (above). Separate tasks with associated fees shall be broken out for the following Project Elements:
• Preliminary Design Report – Tertiary WRF (a single Report may be provided, but fees for the PDR as it relates to tertiary treatment/storage/distribution to be broken out as a separate cost)
• Recycled Water Project Report for Approval by State Division of Drinking Water (DDW)
• Design of Tertiary WRF (filtration, UV Disinfection, Storage, Pumping and Distribution) System
• Preparation of Engineer’s Estimates for Tertiary WRF System • DO NOT PROVIDE THIS LABOR ESTIMATE/FEES AS PART OF THE
PROPOSAL, AND DO NOT PROVIDE PROPOSED FEES ON THE THUMB DRIVE. THE PROPOSED FEES SHALL BE SEALED IN A SEPARATE
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 8 of 19 3/29/2022
ENVELOPE, CLEARLY MARKED SUCH, AND ENCLOSED WITHIN THE
ENVELOPE FOR THE TWO HARD COPIES OF THE PROPOSALS.
Proposal Length. The City has no required proposal length; however, the City requests Proposers to only include information germane to the Proposal.
Other Requirements. The four hard copies of proposals shall be comb bound or spiral bound. Minimum font size for text shall be 11 point, except for headers, footers, footnotes, etc.
PROPOSAL RANKING CRITERIA
Proposals will be ranked by the City based on established ranking criteria. The value of each criterion is stated immediately following each criterion. Criteria and relative “point” values are as follows:
• Project Understanding and Approach, 30 points
• Team qualifications, 25 points
• Project Schedule, 15 points
• Responsiveness to RFP, 25 points
• Local Presence, 5 points
All proposals will be ranked on these criteria, and a short-list of three firms will be chosen. If interviews are warranted, the City will select the interview times at random, and will notify each team as to their respective time slots for interviews. The interviews will consist of a one-hour in-person presentation by the project team, followed by a halfhour question and answer period. The top three candidates will be interviewed, and the top firm selected based on the outcome of the respective proposals and interviews. The top-ranked firm will then enter contractual and fee negotiations with the City and should the City and top-ranked firm not satisfactorily negotiate the agreement, the secondranked firm will enter negotiations, and so forth.
OVERVIEW OF SCOPE OF SERVICES
Consultants shall prepare a scope of services to provide design services for the WRF upgrade. Consultants’ scope of services shall anticipate ancillary technical services required for funding agencies, such as State Revolving Fund Program, USDA/RUS Program, CDBG and other possible funding sources. The scope of services shall include services for the following:
• Project Management, QA/QC reviews, Information Collection, Meetings, Site Reviews. Provide proposed scope of services to adequately address these items. • Public Outreach/Workshops. Provide an optional task to provide up to two public workshops at the City of King City Hall. This would include meeting preparation,
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 9 of 19 3/29/2022
preparation of materials such as Powerpoint presentations, handouts, etc. Be available to address comments and questions posed by City Council and members of the public.
• Survey and Geotechnical Services. Provide necessary services appropriate for the design of this WRF Project.
• Data Collection and Review. Provide a separate task for data collection and review, and prepare a list of information to be requested of the City and Cal-Water. • Engineering Support for Financing Review. Provide scope of services for such anticipated activities, including funding agency review and approval of design documents, value engineering and other expected activities. Consultant shall provide scope of services for preparation of documents in support of financial/funding efforts. This item may be identified as an optional task or included in the “base” scope of services. For example, the City may receive CDBG funding, and will rely on Consultants to assist with technical documents in support of such funding. Clarify if identified deliverables, such as technical engineering reports, warrant a separate scope/task item, or are included in other defined tasks (Preliminary Design Report, for example).
• Preliminary Design Report. Provide scope of services for preparation of a Preliminary Design Report (PDR, 30% Design). This PDR must be suitable for the Technical Application of the State SRF funding application, and must identify the recommended Project, including provide updated estimate of probable construction, and updating overall program “hard” and “soft” costs for all anticipated costs to implement the recommended Project. Refine the Project based on this updated technical review of the recommended master plan Project, to provide a 2.0 to 2.2 mgd “tertiary 2.2” water reclamation facility. • Recycled Water Engineering Report. Provide a separate task to prepare the Division of Drinking Water (DDW) Recycled Water Engineering Report, which will be used to secure approval of the tertiary recycled water program (as recommended in the 2019 Carollo Recycled Water Feasibility Study Report) which will require approval by DDW and the RWQCB. Include anticipated reviews by agencies, and anticipated meetings with agencies to review and discuss the Project and agency comments.
• Design services for a 2.0 to 2.2 mgd secondary WRF (oxidation ditch) and tertiary filtration and UV disinfection plant (including recycled water storage, pumping and distribution as recommended in the 2019 Carollo Recycled Water Feasibility Study Report). Include civil, grading and drainage, yard piping, landscaping, mechanical, electrical and instrumentation/SCADA design for a complete and functional water reclamation facility. The design shall include all items needed for a complete and functional WRF, including new headworks, oxidation ditch, secondary clarifiers, cloth filter, UV disinfection, and solids handling including rotary drum thickener, aerobic digester and sludge dewatering by screw press. Include demolition plan for how existing WWTP will be decommissioned. Also include anticipated services for regulatory and agency support and permits, including Regional Board General
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 10 of 19 3/29/2022 Order technical support, City of King building and grading permits, Monterey County AQMD permits, etc.
• As required in the General Order, prepare the Operations and Maintenance (O&M) Manual for new WRF. Provide scope of services to prepare the “base O&M Manual” which includes the secondary WWTP, and optional service to prepare the O&M Manual component/supplement that will include the recycled water treatment, storage, pumping and distribution system.
• Other Optional Tasks. Consultants may include other optional task services not included above.
The design tasks shall include all general civil works (paving, grading, fencing, etc.), surveying and geotechnical, structural, mechanical/HVAC, electrical and instrumentation disciplines required for the City WRF upgrade facilities described herein.
Project Manual. Consultants shall prepare the complete Project Manual, including frontend documents plus technical specifications. Consultants shall edit/modify the Cityprovided front-end documents/boiler plate to prepare the Project Manual. Technical specifications shall be in CSI Master Format 2018. Consultants shall anticipate that certain funding agency requirements that impact front-end and technical specifications will need to be addressed by the Consultant. Consultant shall provide a complete stamped/signed Project Manual, to make a complete set of contract documents (plans, specifications).
Optional Services: Provide optional tasks for bid phase support services, and engineering support during construction (ESDC). Break out a separate subtask (including separate costs in the cost proposal) within the ESDC task for preparation of record drawings.
Deliverables
This section describes a preliminary list of deliverables and the requirements thereof.
This list is not a complete list and does not relieve the consultant from the required deliverables throughout the course of the project for funding, agency requirements such as SRF, USDA/RUS, CDBG and others. Consultants shall enhance and refine this list of deliverables as part of their respective proposals.
All plans submitted shall be “D” size, 22” x 34” drawings. Final bid set drawings submitted to the City shall be on bond paper (no Mylar required) and electronically on PDF. The City shall also require final AutoCAD drawings for the Project. All plans and specifications shall be in conformance with the SRF and/other funding agency guidelines and meet final approval of such agencies. Consultant shall provide, at a minimum, the following deliverables:
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 11 of 19 3/29/2022 • Preliminary Design Report and Preliminary Drawings (30 Percent):
• Draft Preliminary Design Report (PDR), 1 PDF
• Preliminary Drawings, 1 PDF
• Final Preliminary Design Report, 1 hard copy, 1 PDF
50 Percent Design:
• Drawings, 1 full-size set, 2 half-size (11”x17”) sets, one PDF • Outline Specifications, 1 PDF
• 50% Engineer’s Estimate of Probable Construction Cost, 1 PDF • Preliminary Construction Schedule, 1 PDF
90 Percent Design:
• Drawings, 1 full-size set, 2 half-size (11”x17”) sets, 1 PDF • Project Manual/Specifications, 1 hard copy set (spiral or comb-bound), 1 PDF • 90% Engineer’s Estimate of Probable Construction Cost, 1 PDF • 90% Construction Schedule, 1 PDF
100 Percent Design (Bid Documents):
• Drawings, 1 full-size set on bond, 1 PDF
• Project Manual/Specifications, 1 PDF
• 100% Engineer’s Estimate of Probable Construction Cost, 1 PDF • Final Construction Schedule, 1 PDF
OTHER FEDERAL REQUIREMENTS
Disputes Relating to Qualification Process
In the event a dispute arises concerning the qualification process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the City Manager within ten calendar days of the date of the recommendation award or denial letter.
Grounds for an appeal is that the City failed to follow the selection procedures and adhere to requirements specified in this RFQ or an addenda or amendments thereto; there has been a violation of conflict of interest as provided by California Government Code section 87100 et seq; or violation of Federal or State law. The City will consider only those specific issues addressed in the written appeal.
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 12 of 19 3/29/2022 The City Manager shall consider any matter appealed during a scheduled hearing, within thirty days of receipt. The decision of the City Manager shall be final with respect to the matters of fact.
All disputes and/or appeals must be submitted to:
City Manager
City of King
212 South Vanderhurst Avenue,
King City, CA 93930
Contract Termination/Debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12. The RFQ/contract may be voided at any time for cause, by giving at least 14 days written notice, due to violations of any terms and/or special conditions of the RFQ/contract, upon request of HUD/HCD/City, or withdrawal of the expenditure authority.
It is a mutually understood between the parties that this RFQ may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the RFQ were executed after the determination was made.
The RFQ is valid and enforceable only if sufficient current funds are made available to the Department by the United States Government for the Federal fiscal year. In addition, this RFQ is subject to any additional restrictions, limitations, conditions or statue enacted by the Congress or State Legislature, which may affect the provisions, terms or funding of this RFQ.
Insurance Requirements
See Section 5, Consulting Services Agreement for Professional Services (included in Attachment A).
Conflict of Interest
Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 13 of 19 3/29/2022 process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contact, subcontract or RFQ with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this section.
Assignment
Any contract resulting from this bid and any amendments or supplements thereto shall not be assignable by the successful bidder either voluntarily or by operation of law, without the written approval of the City and shall not become an asset in any bankruptcy, receivership, or guardianship proceedings. Any assignee would need to have equivalent qualifications as to retain award eligibility.
Federal Terms and Conditions
During the performance of the contract, the Contractor (including consultants) must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
Affirmative Action
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). City hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses are encouraged to apply.
Non-Discrimination Clause
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Contractor and subcontractors shall comply with the provisions of the Fair Employment
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 14 of 19 3/29/2022 and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
Equal Opportunity
During the performance of this Contract, the Contractor agrees as follows:
1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 15 of 19 3/29/2022
5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 16 of 19 3/29/2022 workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.
11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
Conflict of Interest of Members, Officers or Employees of Contractors, Members of Local Governing Body or Other Public Officials
Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 17 of 19 3/29/2022 family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
Insurance
Maintenance, if so required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it.
Disadvantaged/Minority/Women Business Enterprise Federal Regulatory Requirements Under 24 CFR 85,36(e)
The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps shall include:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;
5. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Copeland “Anti-Kickback” Act (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
Compliance with all Federal Labor Standard Provisions
Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330)
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 18 of 19 3/29/2022 Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers)
Requirements and Regulations Pertaining to Data and Design All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.
Requirements and Regulations Pertaining to Reporting
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract.
Compliance with Clean Air Act and Clean Water Act
Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).
1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).
2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).
Compliance with Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871).
D/MBE/WBE Implementation Guidelines
The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements.
1. The names and dates of advertisement of each newspaper, trade paper, and minority- focus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
REQUEST FOR QUALIFICATIONS/PROPOSALS
CITY OF KING
WATER RECLAMATION FACILITY DESIGN
City of King - RFQ/P FOR WRF Upgrade 19 of 19 3/29/2022
2. The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
3. The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
4. The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
5. Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
6. To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.
Audit, Retention and Inspection of Records
The Contractor agrees that the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Contractor agrees to provide any relevant information requested and shall permit the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the (City/County) all original records and related documentation.
ATTACHMENT A
CITY OF KING
CONTRACT SERVICES AGREEMENT
FOR ENGINEERING SERVICES
01222.0001/777269.1 1
CITY OF KING
CONTRACT SERVICES AGREEMENT
FOR ENGINEERING SERVICES
________________
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this ______ day of _______, 2022, by and between the CITY OF KING, a California municipal corporation (“City”) and _________________ (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.
1.4 Special Requirements – CDBG Program Requirements. Consultant may be requested to perform work associated with a Community Development Block Grant (CDBG).
Consultant agrees to all additional terms and conditions of this Agreement as required for CDBG and are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of ____________________ Dollars ($_________) (“Contract Sum”).
2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories:
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labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.
Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of _________________ Dollars ($_______) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall 3 01222.0001/777269.1
ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding ____________ from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. ________________ is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. City Engineer [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
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(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $2,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001) including “any auto”. A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $500,000.00 per occurrence or (ii) combined single limit liability of $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance except Worker’s Compensation and Professional Liability shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance.
The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party 5 01222.0001/777269.1
hereto without providing thirty (30) days prior written notice by First Class US mail return to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. The Consultant’s obligation to defend as stated herein is an obligation to reimburse the Client for reasonable defense costs and is limited solely to third-party allegations that the Consultant was negligent, and Consultant shall only be responsible for defense reimbursement costs proportionate to the finally determined percentage of liability based upon the comparative fault of the Consultant, as determined by a court of competent jurisdiction.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
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6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in 7 01222.0001/777269.1
relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California.
7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon twenty (20) calendar days written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. If the City exercises the right to terminate the Agreement without cause, the City shall pay the Consultant the portion of the total contract amount which reflects the percentage of work completed by the Consultant through the effective date of the termination. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of 8 01222.0001/777269.1
termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.5 Termination for Default of Consultant. If the Consultant should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Agreement, or for nonperformance or poor performance by the Consultant, the City may serve written notice upon it and its surety of its intention to terminate the Agreement. Such notice shall contain the reasons for such intention to terminate the Agreement and, unless within ten (10) calendar days after serving of such notice, such violation shall cease and arrangement satisfactory to the City for correction thereof be made, the Agreement shall, upon the expiration of said ten (10) calendar days, cease and terminate. In the event of any such termination, the City shall immediately serve written notice thereof upon the Surety and the Consultant. Upon written approval of the City, which will not be unreasonably withheld, the Surety shall have the right to take over and perform the Agreement.
However, the Surety must give the Owner written notice of its intention to take over and perform the Agreement within ten (10) calendar days of the effective date of the termination notice described above. In addition, the Surety must commence performance thereof within thirty (30) calendar days from the date of the service of such notice. If the Surety does not comply with both dates set forth above, the City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of the Consultant, and the Consultant and its surety shall be liable to the owner for any excess cost occasioned the City thereby, and in such event the City may without liability for so doing take possession of and utilize in completing the work, such materials, appliances, plant, and other property belonging to the Consultant as may be on the site of the work and necessary thereof.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King 212 S. Vanderhurst Avenue, King City, CA 93930 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. 9 01222.0001/777269.1
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventytwo (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect 10 01222.0001/777269.1
his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF KING, a municipal corporation
Steven Adams, City Manager
ATTEST:
Erica Sonne, Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy Santos, City Attorney
11 01222.0001/777269.1
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 01222.0001/777269.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2017 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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. 01222.0001/777269.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF MONTEREY
On __________, 2017 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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. 01222.0001/777269.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
01222.0001/777269.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
FEDERAL TERMS AND CONDITIONS RELATED TO CDBG FUNDING:
During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
Part 2 CFR Part 200:
Comply with the provisions provided under Part 2 CFR Part 200 per HUD requirements for all Federal funding governed by these provisions.
AFFIRMATIVE ACTION:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). The CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply.
SECTION 3:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications.
NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 01222.0001/777269.1
7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
EQUAL OPPORTUNITY:
During the performance of this Contract, the Contractor agrees as follows:
1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 01222.0001/777269.1
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed.
Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.
11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have 01222.0001/777269.1
been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF
CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS:
Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
INSURANCE:
Maintenance, if so required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it.
DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e):
The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
1. Affirmative steps shall include:
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; 01222.0001/777269.1
v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:
Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):
Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:
All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.
REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract.
COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:
Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).
1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).
2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).
COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94- 163, 89 Stat. 871):
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871).
01222.0001/777269.1
D/MBE/WBE IMPLEMENTATION GUIDELINES:
The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements.
1. The names and dates of advertisement of each newspaper, trade paper, and minority- focus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
2. The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
3. The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
4. The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
5. Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
6. To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.
AUDIT, RETENTION AND INSPECTION OF RECORDS:
The Contractor agrees that the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Contractor agrees to provide any relevant information requested and shall permit the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention 01222.0001/777269.1
period, the Consultant shall release and deliver to the (City/County) all original records and related documentation.
C-1
01222.0001/777269.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
RATE TIME SUB-BUDGET
A. Task A ___________ ___________ ___________
B. Task B ___________ ___________ ___________
C. Task C ___________ ___________ ___________
D. Task D ___________ ___________ ___________
E. Task E ___________ ___________ ___________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $ __________, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1.
D-1
01222.0001/777269.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Exhibit 2
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 1 EXHIBIT “A”
SCOPE OF SERVICES
At the request of City, Consultant shall provide engineering services related to the Wastewater Treatment Plant Design Services, as described in the Request for Qualifications dated March 29, 2022 and Consultant’s Proposal dated May 12, 2022, as modified herein.
Task 1.0 – Project Management and Meetings
Task 1.1 – Project Administration
Consultant shall perform project administration/management necessary to plan, execute, monitor, and report the project’s progress over an estimated 19-month design and bid period.
This includes preparation of monthly progress letters for submission with invoices during the design phase.
Task 1.2 – Meetings
Consultant shall attend (mainly virtual, but some in person as needed) and conduct the following meetings with City and plant staff for this project:
▪ Kickoff Meeting. Consultant shall conduct a 2-hour in-person meeting to review project goals, scope, schedule, deliverables, and information requested by Consultant. ▪ Progress/Biweekly Meetings. Up to thirty-five (35) virtual progress meetings are planned to be conducted with the City, as and when needed.
▪ Preliminary Basis of Design Review Meeting/Workshop. Consultant shall conduct a 4- hour in-person meeting to review key findings and recommendations developed from the Draft Preliminary Design Report (PDR), or 30 percent design. Preliminary analysis will include evaluation of potential design alternatives, selection of recommended project elements, estimate of probable construction costs, and cost/benefit analysis that includes anticipated operations and maintenance (O&M) costs. ▪ 50 Percent Design Review Meeting/Workshop. Consultant shall conduct a 4-hour inperson meeting to review and address written comments provided by the City concerning the 50 percent design submittal. Consultant shall also review the design and address all changes made since the previous submittal.
▪ 90 Percent Design Review Meeting/Workshop. Consultant shall conduct a 4-hour inperson meeting to review and address written comments provided by the City concerning the 90 percent design submittal. Consultant shall also review the design and address all changes made since the previous submittal.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 2 For each meeting, Consultant shall prepare meeting agendas, meeting presentation materials, and meeting summaries to document key discussion issues, action items, and decisions made.
Consultant shall maintain a decision log to track the impact of decisions made on design cost, construction cost, and project schedule.
Task 1.3 – Quality Control Administration
Quality control shall be monitored throughout the entirety of the project. Consultant shall review deliverables provided by subconsultants prior to forwarding to the City. Any document developed by Consultant shall be peer reviewed internally prior to delivering to the City. This task for management of the quality control program and costs for specific quality control checks are included in the fee for each deliverable item.
Information/Services Provided by City for Task 1.0
▪ Input at meetings.
▪ Information requested.
Consultant Deliverables for Task 1.0
▪ Progress letter report with monthly invoice.
▪ Meeting agendas, presentation materials, and meeting summaries, including decisions, action items, and next steps.
▪ Updated project design schedules at each design review meeting (see Task 4.3).
Task 2.0 – Engineering Support Services
Task 2.1 – Financing Support
Consultant shall support the City with financing options for grant and loan funding applications.
These applications could be for State Revolving Fund (SRF), Small Community Grant (SCG), Community Development Block Grant (CDBG), and U.S. Dept of Agriculture (USDA). This task shall include support to the City in preparation of needed applications, coordination with the funding agency on document submittal, and other agency coordination as needed. Since it is unknown at this time which grants/loans the City will be applying for, a limit of 300 hours is assumed for this effort. Development of additional technical reports is not included herein and is defined under As-Directed Optional Services. All application costs will be paid by the City.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 3 Task 2.2 – Regulatory and City Permitting Support
Consultant shall support the City with permitting for implementation of the WRF design project.
Permit support includes, but is not limited to, coordination, phone calls/emails, and meetings with permitting agencies such as the Regional Board, City of King Building and Grading, and California Division of Drinking Water (DDW). Review meetings with regulatory agencies and the City to confirm project elements will be conducted early in the design process as needed.
Application costs will be paid by the City.
Task 2.3 – Air Permitting Support
Consultant and its air permitting subconsultant shall calculate emissions estimates, prepare an application package and negotiate permit conditions for the new treatment and ancillary facilities for the City to submit to the Monterey Bay Air Resources District (MBARD) to obtain an Authority-to-Construct and Permit to Operate. It is assumed the new plant will contain a standby generator that will be required to have an air permit, in addition to the treatment process.
Application costs will be paid by the City.
Information/Services Provided by City for Task 2.0
▪ Input at meetings.
▪ Information requested.
▪ Costs to file applications, if applicable.
Consultant Deliverables for Task 2.0
▪ Information as needed to support the grant/loan funding applications, such as project costs, schedule, design plans and specifications, etc.
▪ Information to submit permit applications.
Task 3.0 – Preliminary Design
Consultant shall develop a preliminary design for the wastewater treatment facilities. The scope of this effort shall cover all project elements located on the wastewater treatment plant site, plus the access road to the site. Project elements include a new headworks, oxidation ditches, secondary clarifiers, cloth media tertiary filters, UV disinfection, and effluent storage for reuse and land disposal. Ancillary facilities shall include an operations building, a maintenance building, solids handling facilities, a filter feed pump station, a tertiary effluent pump station and storage tank for municipal and industrial distribution, yard piping, mass earthwork, junction City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 4 boxes, paving, grading and other site improvements. Project elements outside the wastewater treatment plant boundary (with the exception of the access road) shall be included under the respective optional task.
Task 3.1 – Data Collection and Review
Consultant shall develop a data request list for the City and the California Water Service Company (Cal Water) to identify data, reports, and information needed to conduct the design analysis. The data request will be for information since the 2017 Facility Plan and the 2019 RW Study. Consultant shall review the recommended alternatives from the 2017 Facility Plan and the 2019 RW Study to identify changes needed to meet today’s conditions, optimize the planned facilities, and maintain the ability to accommodate future facilities.
Task 3.2 – Confirm Wastewater and Recycled Water Systems Operations and Hydraulics Consultant shall analyze the processes and systems identified previously to determine the best, most reliable, optimized, and cost-effective units and treatment. Hydraulic calculations and hydraulic profile shall be updated, and the model will be run to confirm the processes, sizing, and elevations. A biological process model shall be developed to confirm sizing of process equipment.
Task 3.3 – Develop Design Criteria
Consultant shall develop and document the design criteria used to design the wastewater and recycled water facilities. The criteria will be summarized in a table that will be incorporated into the PDR.
Task 3.4 – Site Survey Investigation
Consultant’s subconsultant shall perform site survey investigations at the areas where ground disturbances occur and where new asphalt or concrete will be installed. Sufficient survey information shall be collected to provide a complete survey report and new site design. The survey will include aerial survey and supplemental ground survey for structures and existing utilities. The access road will also be included in the aerial survey. The surveyor shall be onsite for three days during potholing operations to survey the underground utilities that are discovered during the pothole investigation. The inside of the ponds will be excluded from the survey, as there is minimal benefit to surveying the existing ponds.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 5 Task 3.5 – Underground Pothole Investigation
Consultant's subconsultant shall perform underground potholing investigations at select areas where potential trenching and excavation will occur. A potholing plan shall be developed and potholing services shall be coordinated with utility contacts and the City. It is proposed to pothole up to ten (10) underground utilities.
Task 3.6 – Geotechnical and Corrosion Investigation
Consultant's subconsultant, a professional geotechnical engineer registered in the State of California, shall perform a geotechnical investigation of the project site and provide geotechnical recommendations for construction of potential below-grade facilities. The geotechnical engineer shall review existing geologic maps, soils reports, and geologic reports for the project area; review the project area; and mark the boring locations for Underground Service Alert (USA).
Field and laboratory testing and soils testing shall also be performed and results summarized in the geotechnical report. A laboratory testing program shall be conducted to characterize the soil properties. Laboratory tests are anticipated to include direct shear and/or compressive strength, particle size, moisture content, dry density, and corrosion potential. A slope stability analysis of proposed cut/fill slopes shall also be provided. Borings will not occur in the ponds, as access to them can not be obtained during design. Borings shall be provided around the perimeter of the ponds as needed for design. The geotechnical investigation shall be comprehensive for all on site improvements identified under Task 3 to support the preliminary design.
Task 3.7 – Hydrogeologic Investigation
Consultant's subconsultant, a professional hydrogeologist registered in the State of California, shall perform a hydrogeologic investigation of the project site and provide recommendations for construction of land disposal improvements for the proposed treatment capacity. This effort shall include a review of the existing groundwater monitoring network for adequacy, recommendations for additional monitoring wells, laboratory analysis and field percolation testing, evaluation of potential groundwater mounding beneath the proposed percolation areas.
Results shall be summarized in a technical memorandum.
Task 3.8 – Existing Utility Research
Consultant’s surveying subconsultant shall contact USA prior to field survey, so that utility location markings can be surveyed and shown on the plans. All utilities within the project corridor shall be identified and the site shall be walked with each contact to verify preliminary City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 6 locations and identify potential conflicts. All utility contacts will be notified and provided with a set of 30 percent plans. A utility contact log shall be maintained.
Task 3.9 – Identify Permit and Easement Requirements
Based on the final alignment, diameters, and construction methods, permit and easement requirements shall be identified and confirmed. A list of identified required permits shall be provided in the PDR. Upon identification of the preferred access road and negotiations between the City and the property owner, a plat map describing the surface easement as well as a legal description shall be prepared by Consultant’s surveyor for final recording by the City.
Task 3.10 – Evaluate Existing Structures
Consultant shall perform a cursory onsite evaluation of the existing irrigation pump station and electrical building. Consultant anticipates having qualified structural, mechanical and electrical engineering staff visit the site to observe the current condition and make recommendations for repair or improvement for continued service of the land disposal operations. The observations will be primarily visual, with use of hand tools to sound concrete surfaces. No coring or destructive testing will be performed. Other locations around the plant shall also be evaluated, such as the inlet and outlet structures at the ponds, pond splitter boxes, and spray field irrigation system. The results of these evaluations shall be included in the PDR.
Task 3.11 – Develop 30 Percent Design
Consultant shall develop 30 percent plans, list of technical specifications, and 30 percent estimate of probable construction cost:
▪ 30 Percent Plans. Plan and profile drawings showing horizontal and vertical alignments, critical utilities, and easement requirements shall be included for the pipelines and all planned buildings and facilities. Process flow diagrams, preliminary site layouts, preliminary pump station structure and mechanical layout, electrical single lines, communication block diagram, and process and instrumentation diagrams (P&IDs) shall be included in the 30 percent. A site plan and preliminary on-site grading plan shall be developed. The proposed access road alignment and cross section shall be completed for discussions with land owner.
▪ 30 Percent Specifications. A list of anticipated technical specification sections shall be identified and provided. Recommendations for materials and identification of required equipment shall be developed, as well as a preliminary process control strategy.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 7 ▪ 30 Percent Estimate of Probable Construction Cost. An engineer’s estimate of probable construction cost shall be developed. The cost estimate shall include the materials, equipment, and labor to construct the project. Estimated contingencies and alternate bid items shall be included as appropriate. The preliminary cost estimate will be indexed to the current construction cost index as published by Engineering News Record to account for cost variances between the time the estimate is prepared and the time the project actually bids for construction.
Task 3.12 – Develop Draft/Final PDR
A Draft PDR that refines the alternatives evaluations for the project elements described in the Introduction and to be used for final design shall be prepared. The PDR shall contain an analysis of the potential design alternatives; selection of recommended project elements with rationale; hydraulic basis, including system and pump curves; process modeling results; design concepts; assumptions about and provisions for future phases; design criteria; updated estimate of probable construction costs; and cost/benefit analysis that includes anticipated O&M costs.
All anticipated costs to implement the recommended project shall be identified in the PDR. The 30 percent plans and an outline of identified technical specification sections shall be included as an appendix to the PDR. The PDR shall be suitable for the Technical Application for the State SRF funding requirements and will update the probable construction cost used for the General Application as well.
For coordination with stakeholders, other agencies, and utilities, a brief description of each group’s roles, responsibilities, and/or permits required for completing the project shall be provided. Utilities requiring relocation shall be identified in the PDR along with the requirements for relocation.
The final PDR shall be developed based on revisions as requested by the City.
Information/Services Provided by City for Task 3
▪ Input at meetings.
▪ Information requested.
▪ Review comments on 30 Percent Design and PDR in Microsoft Word or Excel, or in a marked-up PDF.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 8 Consultant Deliverables for Task 3
▪ Hydraulic model output.
▪ Process model output.
▪ Design criteria.
▪ Site survey in PDF format with sufficient information to provide a complete survey report and new site design including design and layout of new access road. ▪ Utilities and underground potholing data in PDF format. ▪ Geotechnical report in PDF format that includes geotechnical analysis of boring samples and existing soil conditions.
▪ 30 percent plans, list of specifications, and estimate of probable cost in PDF format. ▪ Draft PDR and 1 hard copy and PDF of final PDR.
Task 4.0 – Final Design (Base Project)
The design of the base project is for the secondary plant and secondary disposal methods. The assumed project includes the following process/structures. ▪ Demolition of existing headworks and pump station.
▪ New headworks, influent pump station, flow metering, and grit removal system. ▪ New splitter structure and oxidation ditches (2).
▪ New ML splitter structure, secondary clarifiers (2), and RAS/WAS pump station. ▪ New dewatering building and screw press (1).
▪ New electrical building for new plant.
▪ Conversion of 1 pond into an elevated area to build the new plant. ▪ Conversion of 4 ponds to percolation ponds by removing the clay liner. ▪ Conversion of 1 pond to an effluent holding pond for spray fields. ▪ New administration building and maintenance shop for plant. ▪ New permanent access road to the plant.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 9 ▪ Electrical, instrumentation, yard piping, and ancillary facilities to support new treatment plant.
▪ New permanent improvements for domestic discharge into the industrial spray field area. ▪ Rehabilitation of the existing irrigation pump station and electrical building.
Task 4.1 – Design Documents
Consultant shall prepare biddable construction documents (drawings and specifications) for the preliminary project elements described in the tasks above and the PDR. The final project scope elements shall be refined through field observations, discussions with City and plant staff, and the PDR findings and feedback.
Construction documents shall be prepared in compliance with current codes adopted by the City and applicable local governing agencies at the commencement of this project.
Drawings shall be prepared on a computer-aided design and drafting (CADD) system using Consultant’s CADD drafting standards. Construction drawings shall include general, typical, demolition, civil, structural, architectural, mechanical, electrical, and instrumentation disciplines.
Drawing backgrounds for demolition and new improvements shall be based on Consultant’s site surveys and available record drawings.
Specifications shall be prepared using Consultant’s front-end contract documents and Consultant’s technical specifications. In addition, Consultant shall provide design guidelines to use and shall prepare the specifications. Specifications provided by Consultant shall be prepared using Consultant’s standard CSI format (MasterFormat 2018 numbering system) for Divisions 00 through 46.
Task 4.1.1 – 50 Percent Design Documents
Consultant shall provide a 50 percent design submittal, which will include the following preliminary information: process flow diagrams, P&IDs, control descriptions for major equipment, selected site plans, major process equipment layouts and sections, major process piping, electrical one-line diagrams, major mechanical equipment specifications, and equipment control descriptions.
In addition, Consultant shall prepare a preliminary list of overall required specification sections for City’s review and approval. Consultant shall also provide a response to all City comments made during this phase of revision and shall provide the City with any potential construction cost City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 10 increase estimates (included as a new column in the decision log) and gain City approval of additional costs prior to performing design modifications on that comment. An internal quality control check shall occur prior to submitting the plans, specifications, and construction cost estimate.
Task 4.1.2 – 90 Percent Design Documents
Consultant shall provide a 90 percent design submittal, which shall be a complete set of contract documents. The 90 percent design submittal shall have incorporated applicable review comments from the 50 percent design review and other comments received from the City between 50 percent and 90 percent design.
In addition, the following shall be included in the 90 percent design submittal to the City:
completed specifications that have been modified to match the design guidelines; preliminary list of overall project submittals; preliminary list of long lead time items; preliminary list of warranties over one year; preliminary list of spare parts; and draft overall construction schedule, which shall include a preliminary list of long lead time items, preliminary list of any special certificates or qualifications required by any specification section included, and preliminary O&M costs, as well as high-level replacement cost estimates for major equipment.
Consultant shall provide response to all City comments made during this phase of revision and shall provide the City with any potential construction cost increase estimates (included as a new column in the decision log) and gain City approval of additional costs prior to performing design modifications on that comment. An internal quality control check shall occur prior to submitting the plans, specs, and construction cost estimate.
Task 4.1.3 – 100 Percent Design Documents
Applicable review comments from the City, funding agencies and Consultant’s in-house technical checking team at the 90 percent design stage shall be incorporated into the 100 percent design submittal (bid documents), which shall be stamped and signed by professional engineers registered in the State of California. Changes following the 100 percent design submittal shall be made by addenda to the bid documents.
Task 4.2 – Construction Cost Estimates
Consultant shall prepare construction cost estimates at the 50, 90, and 100 percent design submittal stages. Construction cost estimates shall be prepared based on quantity takeoffs, estimating guides, equipment manufacturers’ quotes, and construction cost estimates of similar City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 11 facilities. Contingencies for general estimating, general conditions, contractor overhead and profit, escalation to midpoint of construction, and annual cost escalation shall be included in the construction cost estimates.
Task 4.3 – Construction Schedules
Consultant shall prepare preliminary construction schedules at the 50, 90, and 100 percent design submittal stages to estimate approximate construction duration of the project.
Construction schedules shall include construction durations, milestones, long lead time materials, work sequences developed by Consultant, and critical path activities that will be developed based on information presented in the referenced design submittals.
Task 4.4 – Consultant’s Project Schedule Updates
Consultant shall prepare updates to the project schedule at the following stages: Preliminary Basis of Design, 50 percent design submittal, and 90 percent design submittal. The updated project schedules shall be provided prior to review meetings.
Task 4.5 – Bid Phase Services Assistance
Consultant shall attend the pre-bid meeting and site walk to be scheduled by the City. City will conduct the pre-bid meeting and Consultant shall assist in answering questions from prospective bidders. Consultant shall prepare up to three (3) addenda. The City will reproduce and distribute the addenda to prospective bidders. Consultant shall tabulate the bids received and provide review of submitted documents for irregularities and responsiveness. The results shall be summarized in a letter addressed to the City making recommendation for award.
Information/Services Provided by City for Task 4
▪ Available record drawings and product/equipment submittals for existing improvements in PDF format that are relevant to project elements on this project. ▪ Set of marked-up comments on drawings and specifications in PDF format for the 50 percent and 90 percent submittals. City will summarize their review comments for the specifications in MS Word or Excel.
▪ If applicable, latest version of the Permit-to-Operate for Consultant’s use to prepare the application package for City to submit to AQMD to obtain an Authority-to-Construct permit for the new facilities.
▪ Conduct pre-bid meeting.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 12 ▪ Respond to bidders’ questions with input from Consultant. ▪ Reproduce and distribute addenda to prospective bidders.
Consultant Deliverables for Task 4
▪ MS Word files of Divisions 00 through 46 specification sections. All PDF submittals, including drawings and specifications, shall be properly bookmarked at all submittal phases.
▪ 50 percent submittal:
- Drawings in PDF format, 1 full-size set, and 2 half-size sets (11x17). - Outline specifications.
- Engineer’s estimate of probable construction costs in PDF format. - Preliminary construction schedule in PDF format.
▪ 90 percent submittal:
- Drawings in PDF format, 1 full-size set, and 2 half-size sets (11x17). - 90 percent specifications in PDF format and 1 hard copy. - 90 percent engineer’s estimate of probable construction costs in PDF format. - 90 percent construction schedule in PDF format.
▪ 100 percent submittal (bid documents, signed and stamped):
- Drawings in PDF format, 1 full-size set on bond.
- Specifications (Project Manual) in PDF format.
- Final engineer’s estimate of probable construction costs in PDF format. - Final construction schedule in PDF format.
▪ AutoCAD files of bid drawings (unstamped and unsigned). ▪ MS Excel files of written responses to City comments on 50 percent and 90 percent submittals.
▪ Electronic copies of a preliminary list of overall project submittals, preliminary list of long lead time items, preliminary list of warranties over one year, preliminary list of spare City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 13 parts, and draft overall construction schedule, which shall include a preliminary list of long lead time items, preliminary list of any special certificates or qualifications required by any specification section included, and preliminary O&M costs, as well as high-level replacement cost estimates for major equipment.
▪ Assistance to the City in responding to bidders’ questions. ▪ Electronic copies of addenda in PDF format for City to issue to bidders.
Task 5.0 – Final Design - Tertiary Treatment Project (OPTIONAL) The design of the tertiary project is for the tertiary treatment plant, including the filters and UV disinfection, as well as any storage and pumping required. This scope and fee is assumed to combine and bid the secondary plant, and not a standalone design package. The assumed project includes the following processes/structures.
▪ Tertiary influent pump station.
▪ Cloth filters.
▪ UV disinfection system.
▪ Conversion of a pond to synthetic lined open recycled water storage reservoir for agricultural irrigation use.
▪ Municipal/industrial reuse aboveground storage tank of welded steel or prestressed concrete construction.
▪ Municipal/industrial reuse booster pump station to deliver recycled water back into City. ▪ Electrical, instrumentation, yard piping, and ancillary facilities to support new treatment facilities.
Task 5.1 – Design Documents
Consultant shall prepare biddable construction documents (drawings and specifications) for the preliminary project elements described in the tasks above and the PDR. The final project scope elements shall be refined through field observations, discussions with City and plant staff, and the PDR findings and feedback.
Construction documents shall be prepared in compliance with current codes adopted by the City and applicable local governing agencies at the commencement of this project.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 14 Drawings shall be prepared on a CADD system using Consultant’s CADD drafting standards.
Construction drawings shall include general, typical, demolition, civil, structural, architectural, mechanical, electrical, and instrumentation disciplines. Drawing backgrounds for demolition and new improvements shall be based on Consultant’s site surveys and available record drawings.
Specifications shall be prepared using Consultant’s front-end contract documents and Consultant’s technical specifications. In addition, Consultant shall provide design guidelines to use and will prepare the specifications. Front-end contract documents shall be provided by City.
Specifications provided by Consultant shall be prepared using Consultant’s standard CSI format for Divisions 00 through 46.
Task 5.1.1 – 50% Design Documents
Consultant shall provide a 50 percent design submittal, which will include the following preliminary information: process flow diagrams, P&IDs, control descriptions for major equipment, selected site plans, major process equipment layouts and sections, major process piping, electrical one-line diagrams, major mechanical equipment specifications, and equipment control descriptions. In addition, Consultant shall prepare a preliminary list of overall required specification sections for City’s review and approval. Consultant shall also provide a response to all City comments made during this phase of revision and shall provide the City with any potential construction cost increase estimates (included as a new column in the Decision Log) and gain City approval of additional costs prior to performing design modifications on that comment. An internal quality control check shall occur prior to submitting the plans, specs, and construction cost estimate.
Task 5.1.2 – 90% Design Documents
Consultant shall provide a 90 percent design submittal, which will be a completed set of contract documents. The 90 percent design submittal shall have incorporated applicable review comments from the 50 percent design review and other comments received from the City between 50 percent and 90 percent design. In addition, the following shall be included in the 90 percent design submittal to the City: completed specifications that have been modified to match the design guidelines, preliminary list of overall project submittals, preliminary list of long lead time items, preliminary list of warranties over one year, preliminary list of spare parts, and draft overall construction schedule, which will include a preliminary list of long lead time items, preliminary list of any special certificates or qualifications required by any specification section City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 15 included, and preliminary O&M costs, as well as high-level replacement cost estimates for major equipment.
Consultant shall also provide a response to all City comments made during this phase of revision and will provide the City with any potential construction cost increase estimates (included as a new column in the decision log) and gain City approval of additional costs prior to performing design modifications on that comment. An internal quality control check shall occur prior to submitting the plans, specs, and construction cost estimate.
Task 5.1.3 – 100% Design Documents (Bid Documents)
Applicable review comments from the City and Consultant’s in-house technical checking team at the 90 percent design stage shall be incorporated into the 100 percent design submittal (bid documents), which shall be stamped and signed by professional engineers registered in the State of California. Changes following the 100 percent design submittal shall be made by addenda to the bid documents.
Task 5.2 – Construction Cost Estimates
Consultant shall prepare construction cost estimates at the 50, 90, and 100 percent design submittal stages. Construction cost estimates shall be prepared based on quantity takeoffs, estimating guides, equipment manufacturers’ quotes, and construction cost estimates of similar facilities. Contingencies for general estimating, general conditions, contractor overhead and profit, escalation to midpoint of construction, and annual cost escalation shall be included in the construction cost estimates. If Optional Task 5 is authorized, the construction cost estimates are to be integrated with the base project scope under Task 4, but tertiary elements shall be broken out separately to facilitate listing as a separate bid item for reimbursement in the bid form and contractor schedule of values.
Task 5.3 – Construction Schedules
Consultant shall prepare preliminary construction schedules at the 50, 90, and 100 percent design submittal stages to estimate approximate construction duration of the project.
Construction schedules shall include construction durations, milestones, long lead time materials, work sequences developed by Consultant, and critical path activities that shall be developed based on information presented in the referenced design submittals. If Optional Task 5 is authorized, the construction schedules are to be integrated with the base project scope under Task 4, but tertiary elements shall be broken out separately to facilitate listing as a City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 16 separate bid item for reimbursement in the bid form and contractor schedule of values and overall construction schedule.
Task 5.4 – Consultant’s Project Schedule Updates
Consultant shall prepare updates to the project schedule at the following stages: Preliminary Basis of Design, 50 percent design submittal, and 90 percent design submittal. The updated project schedules shall be provided prior to the review meetings. If Optional Task 5 is authorized, the design schedules are to be integrated with the base project scope under Task 4.
Information/Services Provided by City for Task 5.0
▪ Available record drawings and product/equipment submittals in PDF format that are relevant to project elements on this project.
▪ Set of marked-up comments on drawings and specifications in PDF format for the 50 percent and 90 percent submittals. City will summarize their review comments for the specifications in MS Word or Excel.
▪ If applicable, latest version of the Permit-to-Operate for Consultant’s use to prepare the application package for City to submit to AQMD to obtain an Authority-to-Construct permit for the new facilities.
Consultant Deliverables for Task 5.0
▪ MS Word files of Divisions 00 through 46 specification sections, integrated with sections provided under Task 4. All PDF submittals, including drawings and specifications, shall be properly bookmarked at all submittal phases.
▪ 50 percent submittal:
- Drawings in PDF format, 1 full-size set, and 2 half-size sets (11x17). - Outline specifications.
- Engineer’s estimate of probable construction costs in PDF format. - Preliminary construction schedule in PDF format.
▪ 90 percent submittal:
- Drawings in PDF format, 1 full-size set, and 2 half-size sets (11x17).
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 17 - 90 percent specifications in PDF format and 1 hard copy. - 90 percent engineer’s estimate of probable construction costs in PDF format. - 90 percent construction schedule in PDF format.
▪ 100 percent submittal (bid documents, signed and stamped):
- Drawings in PDF format, 1 full-size set on bond.
- Specifications (Project Manual) in PDF format.
- Final engineer’s estimate of probable construction costs in PDF format. - Final construction schedule in PDF format.
▪ AutoCAD files of the bid drawings (unstamped and unsigned). ▪ MS Excel files of written responses to City comments on 50% and 90% submittals. ▪ Electronic copies of a preliminary list of overall project submittals, preliminary list of long lead time items, preliminary list of warranties over one year, a preliminary list of spare parts, and draft overall construction schedule, which shall include a preliminary list of long lead time items, preliminary list of any special certificates or qualifications required by any specification section included, and preliminary O&M costs, as well as high-level replacement cost estimates for major equipment.
Task 6.0 – Recycled Water Distribution Pipeline Design (OPTIONAL) The design of the Recycled Water distribution pipelines is an Optional Task. It is anticipated that the distribution pipeline improvements will be bid as a standalone project. The assumed project includes the following elements:
▪ Approximately 18,000 feet of 6-, 8, 10-, and 12-inch recycled water force main which were identified as “Near Phase” improvements in the 2019 recycled water feasibility study, including additional 12-inch line on San Antonio Drive to connect the two existing recycled water pipelines. Pipeline design will include necessary air release devices and blow offs for proper pipeline operation located within the public right of way, however will not include any tees, turnouts, meters or other elements needed for future customer connections.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 18 Task 6.1 – Design Documents
Consultant shall prepare biddable construction documents (drawings and specifications) for the preliminary project elements described in the tasks above and the PDR. The final project scope elements shall be refined through field observations, discussions with City and plant staff, and the PDR findings and feedback.
Construction documents shall be prepared in compliance with current codes adopted by the City and applicable local governing agencies at the commencement of this project.
Drawings shall be prepared on a CADD system using Consultant’s CADD drafting standards for linear pipeline construction, consisting of a plan view at 1” = 40’ scale and a profile view below.
Construction drawings shall include general, typical, demolition, civil plan and profile disciplines.
Drawing backgrounds for demolition and new improvements shall be based on Consultant’s site surveys and available record drawings.
Specifications shall be prepared using Consultant’s front-end contract documents and Consultant’s technical specifications. In addition, Consultant shall provide design guidelines to use and will prepare the specifications. Front-end contract documents shall be provided by City.
Specifications provided by Consultant shall be prepared using Consultant’s standard CSI format for Divisions 00 through 46.
Task 6.1.1 – 50% Design Documents
Consultant shall provide a 50 percent design submittal, which shall include the following preliminary information: process flow diagrams, P&IDs, control descriptions for major equipment, selected site plans, major process equipment layouts and sections, major process piping, electrical one-line diagrams, major mechanical equipment specifications, and equipment control descriptions. In addition, Consultant shall prepare a preliminary list of overall required specification sections for City’s review and approval. Consultant shall also provide a response to all City comments made during this phase of revision and shall provide the City with any potential construction cost increase estimates (included as a new column in the decision log) and gain City approval of additional costs prior to performing design modifications on that comment. An internal quality control check shall occur prior to submitting the plans, specs, and construction cost estimate.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 19 Task 6.1.2 – 90% Design Documents
Consultant shall provide a 90 percent design submittal, which will be a completed set of contract documents. The 90 percent design submittal shall have incorporated applicable review comments from the 50 percent design review and other comments received from the City between 50 percent and 90 percent design. In addition, the following shall be included in the 90 percent design submittal to the City: completed specifications that have been modified to match the design guidelines, preliminary list of overall project submittals, preliminary list of long lead time items, preliminary list of warranties over one year, preliminary list of spare parts, and draft overall construction schedule, which shall include a preliminary list of long lead time items, preliminary list of any special certificates or qualifications required by any specification section included, and preliminary O&M costs, as well as high-level replacement cost estimates for major equipment. Consultant shall also provide a response to all City comments made during this phase of revision and will provide the City with any potential construction cost increase estimates (included as a new column in the Decision Log) and gain City approval of additional costs prior to performing design modifications on that comment. An internal quality control check shall occur prior to submitting the plans, specs, and construction cost estimate.
Task 6.1.3 – 100% Design Documents (Bid Documents)
Applicable review comments from the City and Consultant’s in-house technical checking team at the 90 percent design stage shall be incorporated into the 100 percent design submittal (bid documents), which will be stamped and signed by professional engineers registered in the State of California. Changes following the 100 percent design submittal shall be made by addenda to the bid documents.
Task 6.2 – Construction Cost Estimates
Consultant shall prepare construction cost estimates at the 50, 90, and 100 percent design submittal stages. Construction cost estimates shall be prepared based on quantity takeoffs, estimating guides, equipment manufacturers’ quotes, and construction cost estimates of similar facilities. Contingencies for general estimating, general conditions, contractor overhead and profit, escalation to midpoint of construction, and annual cost escalation shall be included in the construction cost estimates.
Task 6.3 – Construction Schedules
Consultant shall prepare preliminary construction schedules at the 50, 90, and 100 percent design submittal stages to estimate approximate construction duration of the project.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 20 Construction schedules shall include construction durations, milestones, long lead time materials, work sequences developed by Consultant, and critical path activities that shall be developed based on information presented in the referenced design submittals.
Task 6.4 – Consultant’s Project Schedule Updates
Consultant shall prepare updates to the project schedule at the following stages: Preliminary Basis of Design, 50 percent design submittal, and 90 percent design submittal. The updated project schedules shall be provided prior to the review meetings.
Information/Services Provided by City for Task 6.0
▪ Record drawings and product/equipment submittals in PDF format that are relevant to project elements on this project.
▪ Set of marked-up comments on drawings and specifications in PDF format for the 50 percent and 90 percent submittals. City will summarize their review comments for the specifications in MS Word or Excel.
▪ If applicable, latest version of the Permit-to-Operate for Consultant’s use to prepare the application package for City to submit to AQMD to obtain an Authority-to-Construct permit for the new facilities.
Consultant Deliverables for Task 6.0
▪ MS Word files of Divisions 00 through 46 specification sections. All PDF submittals, including drawings and specifications, shall be properly bookmarked at all submittal phases.
▪ 50 percent submittal:
- Drawings in PDF format, 1 full-size set, and 2 half-size sets (11x17). - Outline specifications.
- Engineer’s estimate of probable construction costs in PDF format. - Preliminary construction schedule in PDF format.
▪ 90 percent submittal:
- Drawings in PDF format, 1 full-size set, and 2 half-size sets (11x17). - 90 percent specifications in PDF format and 1 hard copy.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 21 - 90 percent engineer’s estimate of probable construction costs in PDF format. - 90 percent construction schedule in PDF format.
▪ 100 percent submittal (bid documents, signed and stamped):
- Drawings in PDF format, 1 full-size set on bond.
- Specifications (Project Manual) in PDF format.
- Final engineer’s estimate of probable construction costs in PDF format. - Final construction schedule in PDF format.
▪ AutoCAD files of the bid drawings (unstamped and unsigned). ▪ MS Excel files of written responses to City comments on 50% and 90% submittals. ▪ Electronic copies of a preliminary list of overall project submittals, preliminary list of long lead time items, preliminary list of warranties over one year, preliminary list of spare parts, and draft overall construction schedule, which shall include a preliminary list of long lead time items, preliminary list of any special certificates or qualifications required by any specification section included, and preliminary O&M costs, as well as high-level replacement cost estimates for major equipment.
Task 7.0 – As-Directed Optional Services
Consultant shall provide as-directed services to the City. Any use of this budget allowance shall require written authorization from the City that includes the scope of as-directed services and an agreed upon not-to-exceed limit.
Task 7.1 – Public Outreach Workshops
Consultant shall conduct up to two (2) public workshops at the City of King City Hall. This effort includes preparation of presentation materials and handouts if needed. The presenters shall be available immediately prior to and after the presentation to address comments and questions.
Task 7.2 – Value Engineering Support
If value engineering is desired, Consultant shall work with City's selected value engineering firm to supply them with the PDR, design plans, specifications, and estimate of probable construction costs. Consultant shall also attend up to two (2) meetings with the City and value engineering firm. This scope does not include the actual value engineering review.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 22 Task 7.3 – Recycled Water Engineering Report
Consultant shall prepare this report to meet DDW requirements for acquiring approval for the recycled water treatment, distribution system, and end uses. Approval will be required from DDW, with concurrence from Region 3 RWQCB.
Task 7.4 – Recycled Water Technical Report
Consultant shall prepare this report to meet the State RWQCB technical report requirements.
This report shall contain the Recycled Water Engineering Report and DDW report approval letter as an appendix.
Task 7.5 – Recycled Water Feasibility Study Update
Consultant shall update the 2019 Recycled Water Feasibility Study. The update shall include the following:
▪ Update the potential customers/sites and demands in a new spreadsheet using the 2019 RW Study Chapter 5, Figure 5.1, and Table 5.10 as a base. ▪ Update O&M based on a 2-mgd plant (maximum capacity) and customers identified under the first bullet.
▪ Discuss financing factors to consider in a workshop with Cal Water and City staff. ▪ Create spreadsheet to run multiple ‘what if’ financial scenarios looking at varying factors, such as:
- Farmer water use/demands/seasonality and pricing rate. - Cannabis water use/demands.
- Varying values of grant acquisition.
- Varying pricing rates.
▪ Conduct workshop with Cal Water and City staff to discuss findings. ▪ Summarize in a project memo.
Task 7.6 – As Needed Environmental Support Services
If directed Consultant shall provide necessary environmental support services to amend the existing mitigated negative declaration documents as required to render the project eligible for certain funding that requires an enhanced level of environmental analysis. Specifically, certain City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 23 funding opportunities require a “CEQA plus” level of effort, incorporating an assessment of impacts upon cultural and environmental resources. This task shall only be authorized in the event that the existing documents are insufficient to satisfy funding requirements. At the time of authorization, Consultant shall engage the services of a qualified environmental subconsultant to complete the necessary effort.
Task 8.0 – Engineering Services During Construction (ESDC) (OPTIONAL) Task 8.1 – Project Management
Consultant shall perform project management necessary to plan, execute, monitor, and report the project’s progress to the City for this task over an estimated 24-month construction period.
This includes preparation of a monthly progress letter for submission with invoices.
Task 8.2 – Construction Meetings
Consultant shall attend the following construction meetings based on the following assumptions:
▪ Pre-Construction Meeting. Two (2) Consultant team members shall attend the preconstruction meeting. ▪ Weekly Construction Meetings. Consultant shall attend a total of eighty (80) weekly construction meetings via virtual telephone conference or some/limited in-person meetings (as needed).
▪ Substantial Completion Meeting. Consultant shall attend a substantial completion meeting near the end of the construction period to observe and check status of construction activities. Consultant shall prepare and submit a preliminary punchlist of corrective items to the City for review and forwarding to the Contractor to resolve before final completion.
It is anticipated that all construction meetings will be one hour in duration (exclusive of travel time for in-person meetings). The City will coordinate and conduct all meetings and prepare meeting minutes for distribution to Consultant and Contractor.
Task 8.3 – Requests for Information
Consultant shall receive, log, review, and respond to requests for information (RFIs) from the Contractor forwarded by the City. In responding to the RFIs, Consultant shall issue interpretations and clarifications to the contract documents. For budgeting purposes, Consultant City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 24 will respond to 300 RFIs, assuming an average processing and review time of 4 hours per RFI.
Note the budget estimated for this task may be higher or lower depending on the final number of RFIs reviewed and the complexity of each RFI submitted by the Contractor.
Task 8.4 – Shop Drawing Submittals
Consultant shall receive, log, review, and respond to shop drawing submittals (excluding contractor’s geotechnical report and temporary shoring submittals) from the Contractor forwarded by the City. Submittals shall be reviewed in accordance with the contract documents.
For budgeting purposes, Consultant will respond to 700 submittals/resubmittals, assuming an average processing and review time of 6 hours per submittal/resubmittal. Note the budget estimated for this task may be higher or lower depending on the final number of submittals/resubmittals reviewed and the completeness of each submittal/resubmittal submitted by the Contractor.
Task 8.5 – Site Observations
Consultant’s discipline engineers (civil, structural, mechanical, electrical, and instrumentation) shall attend ten (10) site observations in person on an as-requested basis to observe field construction issues and discuss technical elements. For budgeting purposes, Consultant assumes an average of 8 hours are required to perform each site observation.
Task 8.6 – Design Clarifications
Consultant shall prepare 20 design clarifications to clarify and/or change the intent of the contract documents at the request of the City. In preparing each design clarification, Consultant shall issue revised specifications, revised drawings, and/or new sketches as needed to clarify and/or change the intent of the contract documents for the City’s review and transmittal to the Contractor. For budgeting purposes, Consultant assumes an average of 10 hours are required to prepare each design clarification.
Task 8.7 – Change Order Requests
Consultant shall assist the City in reviewing 20 change order requests submitted by the Contractor. Consultant’s review will be limited to the technical merits of the change order requests and providing input on applicable unit and material prices of selected items. Consultant shall be responsible for preparing 10 independent cost estimates of change order requests for verification and providing this information to the City to negotiate the cost of each change order request with the Contractor. For budgeting purposes, Consultant assumes an average of 4 City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 25 hours are required to review each change order request and an average of 4 hours are required to prepare each independent cost estimate.
Task 8.8 – Geotechnical Engineering Support Services
Consultant’s geotechnical engineer shall provide geotechnical support services for project components that require geotechnical involvement.
Task 8.9 – Conformed Documents
Consultant shall prepare conformed documents based on incorporating changes outlined in the addenda to the bid documents. Conformed documents shall be prepared using Consultant’s standard format and will be provided to the City in both AutoCAD and PDF formats.
Task 8.10 – Record Drawings
Consultant shall prepare record drawings using Consultant’s standard format to include changes made during the construction period after contract closeout. It is assumed that the Contractor and City will maintain a current set of marked-up drawings detailing field changes and clarifications. Consultant shall not be responsible for field measuring as-built conditions and will rely solely on the information provided by the City and the Contractor as the basis for preparing the record drawings. After completion of the record drawings, Consultant shall convert the design CADD drawings from 3D CADD format to 2D AutoCAD format and submit them to the City for filing.
Task 8.11 – Plant Operations and Maintenance Manual
Consultant shall prepare a comprehensive electronic operations and maintenance (O&M) manual to meet the Regional Board's requirement for an updated plant O&M manual. The O&M manual shall properly describe the as constructed treatment facilities, and include procedures for normal operations, abnormal conditions, facility startup and shutdown. The manual will cover the specific aspects of the new facilities, and refer the reader to appropriate reference materials for general wastewater operations troubleshooting information. In addition, the O&M manual will complement any equipment specific O&M instructions, and not duplicate information contained therein.
Information/Services Provided by City for Task 8.0
▪ Construction meeting minutes.
City of King WWTP Design Services Scope of Services
N:\wpdat\CLERK\Council & SA\AGENDAS - City Council\Agendas 2022\July 12, 2022\WWTP Item\04 KingCityWWTPUpgradePropScope062722.docx 26 ▪ Forwarding of construction related documents for review (RFIs, submittals, change orders, etc.).
▪ Redline markups of changes made on the design drawings during the construction period.
Consultant Deliverables for Task 8.0
▪ Progress letter reports with each invoice.
▪ Attendance/teleconference and input at construction meetings. ▪ Preliminary punchlist.
▪ RFI responses.
▪ Submittal review comments.
▪ Design clarifications.
▪ Change order requests review comments.
▪ Field observation reports from geotechnical engineer. ▪ Electronic copy of the conformed documents in PDF format for printing by the City. ▪ Electronic copy of the conformed documents in AutoCAD format for filing by the City. ▪ Electronic copy of the record drawings in PDF format. ▪ Electronic copy of the record drawings in AutoCAD format. ▪ Electronic copy of the O&M manual in PDF format.
EXHIBIT C-1
CAROLLO ENGINEERS, INC.
CONSULTANT RATE SCHEDULE
City of King WWTP Design Services
As of January 1, 2022
California
Hourly Rate
Engineers/Scientists
Assistant Professional $200.00
Professional 234.00
Project Professional 276.00
Lead Project Professional 296.00
Senior Professional 322.00
Technicians
Technicians 180.00
Support Staff
Document Processing / Clerical 119.00
Project Equipment Communication Expense
(PECE) Per DL Hour
13.00 Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate
Effective January 1, 2022
$.585 per mile
Subconsultant cost + 10%
Other Direct Cost At cost
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions on January 1 due to labor adjustments.
ODCs Total Optional
Principalin-Charge QA/QC Project Manager Design Manager Project Engineer Permitting Title 22 Funding O&M Discipline Leads Constructa bility Cost Estimating Asst. Discipline Leads CAD Tech. Doc. Proc. Cost / Schedule Review Survey Pothole Geotech Hydrogeo Enviro Air Quality Architect Paul
Amico
Doug
Wing
Scott
Parker
Ryan
Sellman John Witter
Tracy
Warriner
Elaine
Simmons
Seema
Chavan
Dan
Mount Various
Keith
Corcoran
Jason
Rozgony Various Various Various
Dave
Ewing
North
Coast
Engr MGE Yeh GSI TBD Mizutani In Studio
$322 $322 $322 $276 $200 $296 $276 $276 $276 $276 $276 $296 $234 $180 $119 $13 Fee Fee Fee Fee Fee Fee Fee Fee Task 1.0 Project Management and Meetings 38 36 227 167 118 21 - - - 145 - - - - - 752 $212,846 $9,776 $1,755 $224,377
1.1 Project Administration 15 - 99 38 - - - - - - - - - - - 152 $47,196 $1,976 $49,1721.2 Meetings 19 - 129 129 118 21 - - - 105 - - - - - 520 $141,730 $6,760 $1,755 $150,245
1.2.1 Kickoff Meeting 8 - 8 8 8 - - - - 16 - - - - - 48 $13,372 $624 $439 $14,4341.2.2 Progress Meetings 11 - 63 63 53 21 - - - - - - - - - 210 $57,771 $2,730 $60,501
1.2.3 Preliminary Basis of Design Review Meeting - - 26 26 26 - - - - 26 - - - - - 102 $27,387 $1,326 $439 $29,152
1.2.4 50 Percent Design Review Meeting - - 16 16 16 - - - - 32 - - - - - 80 $21,600 $1,040 $439 $23,079
1.2.5 90 Percent Design Review Meeting - - 16 16 16 - - - - 32 - - - - - 80 $21,600 $1,040 $439 $23,079
1.3 Quality Control Administration 4 36 - - - - - - - 40 - - - - - 80 $23,920 $1,040 $24,960 Task 2.0 Engineering Support Services - - 2 42 54 60 42 240 - - - - - - - 440 $118,628 $5,720 $37,455 $161,803
2.1 Financing Support - - - 30 30 - - 240 - - - - - - - 300 $80,520 $3,900 $84,420
2.2 Regulatory and City Permitting Support - - - 12 24 42 42 - - - - - - - - 120 $32,136 $1,560 $33,6962.3 Air Permitting Support - - 2 - - 18 - - - - - - - - - 20 $5,972 $260 $37,455 $43,687 Task 3.0 Preliminary Design - - 78 374 718 16 - - - 690 - 50 571 701 129 3327 $757,173 $43,251 $20,141 $46,486 $6,600 $268,652 $101,927 $74,250 $585 $1,319,065
3.1 Data Collection and Review - - 4 16 56 - - - - 4 - - - - - 80 $18,008 $1,040 $19,0483.2 Confirm Process and Hydraulics - - 10 30 60 - - - - 100 - - - - - 200 $51,100 $2,600 $53,7003.3 Develop Design Criteria - - 4 12 40 - - - - 24 - - - - - 80 $19,224 $1,040 $20,2643.4 Site Survey Investigation - - 2 5 10 - - - - - - - - - - 16 $3,760 $208 $34,936 $38,904
3.5 Underground Pothole Investigation - - 2 5 10 - - - - - - - - - - 16 $3,760 $208 $6,600 $10,5683.6 Geotechnical and Corrosion Investigation - - 2 5 10 - - - - 16 - - - - - 32 $8,176 $416 $268,652 $277,244
3.7 Hydrogeologic Investigation - - - 8 32 - - - - - - - - - - 40 $8,608 $520 $101,927 $111,0553.8 Existing Utility Research - - - 3 13 - - - - - - - - - - 16 $3,443 $208 $3,651
3.9 Identify Permit and Easement Requirements - - - 8 16 16 - - - - - - - - - 40 $10,144 $520 $11,550 $22,2143.10 Existing Structures Evaluation - - - 8 8 - - - - 16 - - - - - 32 $8,224 $416 $585 $9,225
3.11 Develop 30 Percent Design - - 51 244 380 - - - - 446 - 50 547 701 117 2535 $565,541 $32,955 $20,141 $74,250 $692,887
3.11.1 30 Percent Drawings and Specifications - - 47 234 350 - - - - 420 - - 467 701 117 2335 $514,797 $30,355 $74,250 $619,402
3.11.2 Probable Construction Cost Estimate - - 4 10 30 - - - - 26 - 50 80 - - 200 $50,744 $2,600 $20,141 $73,485
3.12 Develop Draft/Final PDR - - 5 31 84 - - - - 84 - - 24 - 12 240 $57,185 $3,120 $60,305 Task 4.0 Final Design (Base Project) - - 202 968 1483 - - - - 1744 10 30 1954 2802 467 9660 $2,138,983 $125,580 $29,339 $173,250 $6,502 $2,473,654
4.1 Design Documents - - 187 934 1401 - - - - 1681 - - 1868 2802 467 9340 $2,059,190 $121,420 $173,250 $6,502 $2,360,361
4.1.1 50% Design Documents - - 58 292 438 - - - - 525 - - 584 876 146 2919 $643,497 $37,944 $49,500 $1,858 $732,798
4.1.2 90% Design Documents - - 93 467 701 - - - - 841 - - 934 1401 234 4670 $1,029,595 $60,710 $99,000 $1,858 $1,191,163
4.1.2 100% Design (Bid) Documents - - 35 175 263 - - - - 315 - - 350 525 88 1751 $386,098 $22,766 $24,750 $2,786 $436,401
4.2 Construction Cost Estimate - - 2 6 18 - - - - 16 - 30 48 - - 120 $30,446 $1,560 $29,339 $61,3454.3 Construction Schedule - - 1 2 6 - - - - 5 10 - 16 - - 40 $9,949 $520 $10,4694.4 Consultant's Project Schedule Updates - - 10 4 10 - - - - 6 - - 10 - - 40 $10,320 $520 $10,8404.5 Bid Phase Services Assistance - - 2 22 48 - - - - 36 - - 12 - - 120 $29,078 $1,560 $30,638 Task 5.0 Final Design (Tertiary Treatment Project) (Optional) - - 117 552 838 - - - - 997 6 20 1136 1633 272 5572 $1,232,698 $72,436 $2,142 $1,307,276
5.1 Design Documents - - 109 544 817 - - - - 980 - - 1089 1633 272 5444 $1,200,239 $70,772 $2,142 $1,273,153
5.1.1 50% Design Documents - - 65 327 490 - - - - 588 - - 653 980 163 3266 $720,143 $42,463 $612 $763,218
5.1.2 90% Design Documents - - 27 136 204 - - - - 245 - - 272 408 68 1361 $300,060 $17,693 $612 $318,365
5.1.3 100% Design (Bid) Documents - - 16 82 122 - - - - 147 - - 163 245 41 817 $180,036 $10,616 $918 $191,570
5.2 Construction Cost Estimate - - 2 4 12 - - - - 10 - 20 32 - - 80 $20,298 $1,040 $21,338
5.3 Construction Schedule - - 0 1 4 - - - - 3 6 - 10 - - 24 $5,969 $312 $6,281
5.4 Consultant's Project Schedule Updates - - 6 2 6 - - - - 4 - - 6 - - 24 $6,192 $312 $6,504 Task 6.0 Recycled Water Distribution Pipeline (Optional) - - 26 98 157 - - - - 179 6 20 228 270 45 1029 $231,102 $13,377 $27,992 $51,024 $65,170 $920 $389,584
6.1 Design Documents - - 18 90 135 - - - - 162 - - 180 270 45 901 $198,643 $11,713 $51,024 $65,170 $920 $327,469
6.1.1 50% Design Documents - - 11 54 81 - - - - 97 - - 108 162 27 541 $119,186 $7,028 $51,024 $65,170 $263 $242,670
6.1.2 90% Design Documents - - 5 23 34 - - - - 41 - - 45 68 11 225 $49,661 $2,928 $263 $52,852
6.1.3 100% Design (Bid) Documents - - 3 14 20 - - - - 24 - - 27 41 7 135 $29,797 $1,757 $394 $31,948
6.2 Construction Cost Estimate - - 2 4 12 - - - - 10 - 20 32 - - 80 $20,298 $1,040 $27,992 $49,3296.3 Construction Schedule - - 0 1 4 - - - - 3 6 - 10 - - 24 $5,969 $312 $6,281
6.4 Consultant's Project Schedule Updates - - 6 2 6 - - - - 4 - - 6 - - 24 $6,192 $312 $6,504 Task 7.0 As-Directed Optional Services 29 - 44 48 101 42 210 - - - - - - - 42 516 $132,368 $6,708 $15,601 $50,000 $1,170 $205,848
7.1 Public Outreach Workshops 29 - 29 7 7 - - - - - - - - - - 72 $21,974 $936 $585 $23,495
7.2 Value Engineering Support - - 7 7 10 - - - - - - - - - - 24 $6,226 $312 $15,601 $585 $22,724
7.3 Recycled Water Engineering Report - - 3 13 32 16 80 - - - - - - - 16 160 $39,683 $2,080 $41,7637.4 Recycled Water Technical Report - - 3 13 32 16 80 - - - - - - - 16 160 $39,683 $2,080 $41,7637.5 Recycled Water Feasibility Study Update - - 2 8 20 10 50 - - - - - - - 10 100 $24,802 $1,300 $26,1027.6 As Needed Environmental Support Services - - - - - - - - - - - - - - - 0 $0 $0 $50,000 $50,000 Task 8.0 Engineering Services During Construction - Optional 10 - 126 1030 2099 - - - - 1977 - - 2305 443 99 8089 $1,924,395 $105,157 $44,000 $4,388 $2,077,939
8.1 Project Management 10 - 86 - - - - - - - - - - - - 96 $30,912 $1,248 $32,160
8.2 Construction Meetings - - - 288 432 - - - - - - - - - - 720 $165,888 $9,360 $1,463 $176,711
8.3 Requests for Information - - - 240 480 - - - - 360 - - 120 - - 1200 $289,680 $15,600 $305,280
8.4 Submittal Review - - - 180 720 - - - - 1080 - - 1620 - - 3600 $870,840 $46,800 $917,640
8.5 Site Observations - - - 48 48 - - - - 64 - - - - - 160 $40,512 $2,080 $2,925 $45,517
8.6 Design Clarifications - - - 40 80 - - - - 60 - - 20 - - 200 $48,280 $2,600 $50,8808.7 Change Order Requests - - - 36 36 - - - - 48 - - - - - 120 $30,384 $1,560 $31,9448.8 Geotechnical Engineering Support Services - - - - 6 - - - - 10 - - - - - 16 $3,930 $208 $44,000 $48,1388.9 Conformed Documents - - 9 46 69 - - - - 83 - - 92 138 23 459 $101,196 $5,967 $107,163
8.10 Record Drawings - - 18 92 138 - - - - 165 - - 184 275 46 918 $202,391 $11,934 $214,325
8.11 Operations and Maintenance Manual - - 12 60 90 - - - - 108 - - 270 30 30 600 $140,382 $7,800 $148,182 TOTAL 76 36 823 3278 5568 139 252 240 0 5734 22 120 6195 5849 1054 29385 $6,748,194 $382,005 $93,073 $97,510 $6,600 $377,821 $101,927 $37,455 $247,500 $17,461 $4,178,899 $3,980,646 Annual Escalation Rate 4.00%
2023 Escalation Adder $108,651 $15,9232024 Escalation Adder $34,100 $64,9642025 Escalation Adder $0 $198,8162026 Escalation Adder $0 $202,844 Total Including Escalation $4,321,650 $4,463,193
Task
Number Task Description
Total
Hours
Total Labor
Costs
Other
Direct
Costs
Total Base
Fee
.
Total
Optional
Fees
PECE
Carollo Labor Subconsultants
27-Jun-22
Carollo Engineers
EXHIBIT C-2
CITY OF KING
PROPOSED FEES FOR WWTP DESIGN SERVICES
Item No. 11 (B)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF RESOLUTION APPROVING THE BALLOT
ARGUMENT IN FAVOR OF THE LOCAL SALES TAX MEASURE
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving the ballot argument in favor of the local sales tax measure.
BACKGROUND:
At the June 14, 2022 meeting, City Council adopted a Resolution placing a local sales tax measure on the ballot for the November 8, 2022. If approved, the measure will increase the local sales tax rate from 1% to 1.5% and sunset in 10 years.
Staff has prepared a ballot argument in favor of the measure for City Council consideration. The ballot argument is included with the attached Resolution. If approved, the argument will be printed in the ballot materials.
DISCUSSION:
The Resolution placing the measure on the ballot set forth the process for submitting ballot arguments. Ballot arguments are allowed to have 300 words.
Based on the County Election Office ballot word count guidelines, the proposed draft includes 299 words.
The deadline for submitting primary arguments is August 18 th
. Therefore, if the
City Council would like to suggest changes, they can be inserted and approved at the meeting or revisions can be made and reconsidered at the next meeting on August 9th. By approving the Resolution, City Council members will also be approving placing their names in the ballot materials in support of the measure.
RESOLUTION NO. 2022-4890
RESOLUTION APPROVING AN ARGUMENT IN FAVOR OF THE CITY OF KING BALLOT
MEASURE INCREASING AND EXTENDING THE TRANSACTION AND USE TAX WHEREAS, the City Council of the City King has adopted a Resolution placing on the November 8, 2022 election ballot an Ordinance to add an additional one-half of one percent (.50%) Sales Tax and extending the current one percent (1.00%) Sales Tax for a total transactions and use tax of one percent (1.50%); and
WHEREAS, the Resolution and County Elections Office sets forth criteria for submittal of ballot arguments to be included in the election materials; and WHEREAS, the City Council has determined it is in the interest of the City to submit and argument in favor of the ballot measure.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of King hereby approves the ballot argument attached hereto as Exhibit A.
This resolution was passed and adopted this 12th day of July, 2022 by the following vote:
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
_________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
____________________________
Roy Santos, City Attorney
Exhibit A
ARGUMENT IN FAVOR OF MEASURE ______
Thank you for your support of our efforts to improve King City. Six years ago, we developed a long-range financial plan which included priorities and funding strategies to address a serious financial crisis. With your help, the plan has been successful.
The City recently eliminated $5 million in debt and began building a financial reserve for the first time in 18 years. Crime and violence have dropped substantially due to the King City Comprehensive Plan to End Youth Violence. Damaged sidewalks are being replaced, street projects have increased, and a new wastewater treatment plant is under design.
Economic development efforts to improve the downtown are under way, and City service levels have increased.
Despite this progress, important unfunded needs still exist. Remaining priority goals include increasing maintenance of City parks, investing in additional public safety and youth services, further accelerating the upgrade of City streets, addressing deferred maintenance of City facilities, and increasing reserves to ensure long-term financial stability.
The City Council voted unanimously to place Measure ___ on the ballot, which would increase the local sales tax by 0.5% to provide the funding needed. Sales tax was selected as the preferred funding strategy because a large portion is paid by people from outside King City, and the tax rate will remain equal to or less than most other cities in Monterey and surrounding counties. In order to ensure accountability, the measure requires review by a community budget advisory committee and sunset of the tax in ten years.
King City has been able to accomplish a lot in a short period of time because we are a community united in our commitment to addressing the needs of everyone. Please help us complete the remaining priority goals so we can achieve the quality of life our community deserves by voting YES on Measure ___!
MICHAEL LEBARRE
Mayor
CARLOS VICTORIA
Mayor Pro Tem
ROBERT CULLEN
Council Member
DARLENE ACOSTA
Council Member
CARLOS DELEON
Council Member
Item No. 11 (C)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF OUTDOOR DINING AREA
IMPROVEMENTS GRANT PROGRAM
RECOMMENDATION:
It is recommended the City Council 1) adopt a Resolution establishing the Downtown Outdoor Dining Area Improvements Grant Program; 2) approve the program guidelines, application and forms; and 3) authorize the City Manager to make modifications to the program forms in the future as necessary.
BACKGROUND:
At the March 8, 2022 meeting, the City Council approved a revised expenditure plan for funds received from the American Rescue Plan Act (ARPA). The plan included $225,000 for a Downtown Restaurant Outdoor Dining Area Grant Program. The purpose of the program is to assist downtown restaurants with the installation of outdoor dining areas, which is consistent with the recommendations and goals of the Downtown Streetscape Master Plan.
Outdoor dining areas will support economic development efforts designed to create a more vibrant and activity oriented downtown commercial area. It will promote businesses that will attract more people to the downtown, who will then support other businesses. It will also assist restaurant businesses by preventing future impacts from the current and future pandemics.
The grant program is supplementing the Downtown Streetscape Project, which will include construction of outdoor eating areas adjacent to restaurants in the downtown area on corner properties. The grant program will assist those businesses that have areas suitable for outdoor dining on private property or would like to purchase equipment for outdoor dining on the sidewalk.
CITY COUNCIL
CONSIDERATION OF OUTDOOR DINING AREA IMPROVEMENTS GRANT
PROGRAM
JULY 12, 2022
PAGE 2 OF 3
DISCUSSION:
The grant program process is designed similar to the Façade Improvement Grant Program. Grants will be limited to restaurant businesses on Broadway Street from First Street to San Lorenzo Avenue. The City will assist with design services and grants for construction up to $75,000. Other businesses may apply for grants up to $10,000 for outdoor dining tables and chairs to be used on the sidewalk.
Design is being conducted by the City’s contract architect. Construction will be required to comply with prevailing wage requirements. The construction contract will be between the contractor and property owner or business owner with the property owner’s consent, but the City will provide assistance with the bidding process. The agreement includes indemnity and waiver language to protect the City from any damage to the property from the work or recourse if the property owner is dissatisfied with the work.
Attached is the proposed program guidelines, application and waiver forms. A rendering of some of the initial design work prepared for the first participant is also attached to demonstrate the concept of what the improvements may look like.
COST ANALYSIS:
The program will be funded from the $225,000 allocated in ARPA funds for this program.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment. Therefore, this project is not subject to CEQA.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Adopt the proposed Resolution;
2. Modify the program design or requirements and direct staff to modify the Resolution;
3. Do not adopt the Resolution and do not proceed with the program; or
4. Provide staff other direction.
Item No. 11 (D)
REPORT TO THE CITY COUNCIL
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF GOLF COURSE OPERATOR SELECTION
SUBCOMMITTEE
RECOMMENDATION:
It is recommended the City Council appoint a subcommittee consisting of two members of Council to assist staff in developing a recommendation to the full City Council for award of a contract for operation of the King City Golf Course.
BACKGROUND:
The existing contract for operation of the King City Golf Course is due to expire on October 31st. As a result, staff distributed a Request for Proposal (RFP) to select the future operator. Four proposals were received. Staff reviewed the proposals, conducted initial interviews, and narrowed the proposals to the top two finalists. A copy of the RFP is attached.
DISCUSSION:
Staff typically focuses its review and selection processes on qualifications, proposed scope of work, costs, and ability to meet the needs of the City. In addition to these factors, proposals in this case also involve key differences in the future direction and vision for the golf course that will impact existing patrons and the general public. Therefore, since these are policy decisions, staff has determined it would be helpful to obtain Council input and participation in developing the final recommendation for Council consideration.
Staff is requesting a subcommittee of two members of the Council be appointed to assist the City Manager and Recreation Manager in a final interview and development of the recommendation. Interviews will be scheduled within the next two weeks. Final recommendations are scheduled to be presented to the City Council in August.
Item No. 11 (E)
STAFF REPORT
DATE: JULY 12, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, CITY ENGINEER
RE: CONSIDERATION OF REJECTION OF BIDS FOR THE
DOWNTOWN PLAZA CONSTRUCTION PROJECT
RECOMMENDATION:
It is recommended City Council: 1) reject all bids for the Downtown Plaza Construction Project; and 2) direct staff to rebid project concurrent with Downtown Bulbout Project.
BACKGROUND:
In 2017, the City Council approved a draft Downtown Streetscape Conceptual Plan, which included a proposal to create a downtown plaza on the property at the northeast corner of Broadway Street and Vanderhurst Avenue. At the February 13, 2018 meeting, the City Council approved a purchase and sale agreement to acquire the property. At the April 9, 2019 meeting, the City Council then approved a contract with RRM Design Group to prepare conceptual design for the downtown plaza project. At the August 27, 2019 meeting, following an extensive public participation process, the City Council approved the final design and directed staff to proceed with construction drawings. In 2021, staff submitted and received approval for a Proposition 68 grant to fully fund the construction.
Improvement Plans and Specifications were recently put out to bid for the Downtown Plaza Construction Project. The proposed project consists of the following:
• Demolition of existing site improvements;
• Construction of an approximately 1/3 acre plaza, including pavement, seat walls, stage, site furnishings, entry monument and custom trellis; • Coordination and installation of art/sculptures;
• Site utilities, including storm-drain, sewer, and electrical; • A new irrigation system and point of connection/water service;
CITY COUNCIL
CONSIDERATION OF REJECTION OF BIDS FOR THE DOWNTOWN PLAZA
CONSTRUCTION PROJECT
JULY 12, 2022
PAGE 2 OF 4
• Tree, shrub and turf-grass planting;
• Demolition of existing asphalt pavement and fence;
• Resurfacing of parking lot, including grinding pavement; and • Parking lot improvements, including fencing, parking bumpers, striping, and signage.
DISCUSSION:
The City received the following bids:
Contractor Base Bid Add Alternates
Robert A Bothman Construction $2,950,000 $180,540
Monterey Penninsula Engineering $2,354,790 $168,150
Engineers Estimate $1,677,213 n/a
Bids came in above the opinion of probable cost prepared by the design consultant. Staff believes this is due primarily to the current state of the economy which shifted rapidly this year causing supply chain issue, labor shortages and substantial inflation in the cost of materials.
Staff recommends the project be rescheduled to include bidding in winter 2022 and construction in spring and summer 2023. Staff hopes costs can be reduced based on the following changes:
• Staff will revise bid documents based on feedback from the bidders; • Winter may be a preferable time for requesting bids due to a slower period of competing construction projects;
• Inflation and supply chain issues may stabilize; and
• Projected economic recession impacts may improve the bidding conditions.
One additional advantage of this timing is that the construction can be timed concurrent with the other streetscape improvements. In the meantime, staff proposes to proceed with renovation of the Visitor and History Center building.
COST ANALYSIS:
King City received a grant for $2,135,000 for the construction, project management and soft costs. The existing project budget is as follows:
CITY COUNCIL
CONSIDERATION OF REJECTION OF BIDS FOR THE DOWNTOWN PLAZA
CONSTRUCTION PROJECT
JULY 12, 2022
PAGE 3 OF 4
Expenses:
Design and Project Management $450,000
Sculpture and Mural $150,000
Plaza Construction $1,785,000
Total $2,385,000
Revenues:
Park Development Impact Fee Fund $250,000
Proposition 68 Grant $2,135,000
Total $2,385,000
Therefore, under the current bids, the construction budget deficit is as follows:
Construction Budget $1,785,000
Construction Bid $2,354,790
Contingency $235,479
Total Construction Cost $2,590,269
Shortfall $805,269
Staff worked on negotiating with the contractor to reduce costs but was only able to achieve approximately $170,000 in savings. The City Council appropriated an additional $300,000 in General Fund and Park Development Impact Fee Fund revenues in the FY 2022-23 budget adjustments. This still leaves a shortfall of $335,000. Therefore, the overall impact to the General Fund to address this difference would be approximately $560,000. Staff recommends against utilizing this amount of reserves given concerns regarding current economic trends.
ENVIRONMENTAL REVIEW:
The City Council approved a Categorical Exemption under 15301 and 15302 under the California Environmental Quality Act (CEQA) for the project on October 20, 2020, which was filed with the County on October 23, 2020.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Reject all bids for the Downtown Plaza Construction Project and solicit new bids concurrent with the Downtown Bulbout Project;
2. Award the project to the low bidder and allocate the additional necessary funds; or
3. Provide other direction to staff.
Exhibit 1
24-Mar-22
DEMOLITION AND SITE PREP QTY UNIT UNIT COST TOTAL COST
1 Mobilization and Surveying 1 LS 15,000.00 $15,000.00
2 Remove Existing Asphalt Pavement and Base 18010 SF 5.00 $90,050.00 3 Remove Existing Concrete Sidewalk 2375 SF 5.00 $11,875.00 4 Remove Existing Storm Drain Structure 1 EA 1,500.00 $1,500.00 5 Remove Existing Concrete Wheel Stop 17 EA 100.00 $1,700.00 6 Remove Existing Fence 215 LF 5.00 $1,075.00
7 Remove Existing Curb and Gutter 240 LF 10.00 $2,400.00 8 Clear and Grub 250 SF 1.50 $375.00
9 Earthwork - excavation and grading 728 CY 50.00 $36,400.00 10 Erosion Control 1 LS 10,000.00 $10,000.00
11 Traffic Control 1 LS 10,000.00 $10,000.00
Subtotal: $180,375
UNDERGROUND UTILITIES QTY UNIT UNIT COST TOTAL COST
12 Type A Manhole City Std Plan 22 and 24 1 EA 5,000.00 $5,000.00 13 12" RCP Pipe (Storm Drain) 85 LF 150.00 $12,750.00
14 8" PVC Pipe (Storm Drain) 292 LF 95.00 $27,740.00
15 4" Perforated SDR 35 PVC (Storm Drain) 230 LF 90.00 $20,700.00 16 8" Perforated SDR 35 PVC (Storm Drain) 83 LF 100.00 $8,300.00 17 4" Cleanout (Storm Drain) 5 EA 500.00 $2,500.00
18 Type C Catch Basin City Std Plan 18 1 EA 6,000.00 $6,000.00 19 12"x12" Catch Basin with Grate (Oldcastle Precast 1212CB) 2 EA 4,000.00 $8,000.00 20 24"x24" Catch Basin with Grate (Oldcastle Precast 2424CB) 1 EA 5,000.00 $5,000.00 21 Sewer Flushing Inlet 1 EA 500.00 $500.00
22 4" Solid SDR 35 PVC Pipe (Sewer) 90 LF 85.00 $7,650.00
KING CITY DOWNTOWN PLAZA
Opinion of Probable Cost - Draft Bid Estimate
EXHIBIT 2
23 1" Copper Pipe (Water) 151 LF 100.00 $15,100.00
24 Water Main Connection 3 EA 2,000.00 $6,000.00
25 Water Meter (By Others) 3 EA - $0.00
26 Sewer Main Connection 1 EA 2,000.00 $2,000.00
27 Storm Drain Main Connection 1 EA 2,000.00 $2,000.00
28 Electrical Conductors and Conduit 1 LS 100,000.00 $100,000.00 Subtotal: $229,240
SPECIAL CONSTRUCTION QTY UNIT UNIT COST TOTAL COST
29 Trellis 1 LS 85,000.00 $85,000
30 Wind Sculpture 1 LS 20,000.00 $20,000
31 Children's Play Elements 1 LS 100,000.00 $100,000
32 Interpretive Pilaster Graphic Panels 1 LS 8,000.00 $8,000 33 Wood Entry Monument 1 LS 30,000.00 $30,000
34 Metal Letters at Entry Sign 17 EA 150.00 $2,550
35 Steel Handrails at Stage Ramp and Stairs 1 LS 9,000.00 $9,000 36 6' Metal Gate 1 EA 3,000.00 $3,000
37 6' Metal Fencing (Includes Footings) 25 LF 250.00 $6,250 38 6' Wood Parking Lot Fence (Base Bid) 174 LF 80.00 $13,920.00 39 Restroom Building 1 LS 120,000.00 $120,000.00
Subtotal: $397,720
PAVING QTY UNIT UNIT COST TOTAL COST
40 Curb and Gutter 255 LF 20.00 $5,100
41 Flush Curb at Parking Lot 310 LF 15.00 $4,650
42 Slurry Seal 5980 SF 2.00 $11,960
43 Asphalt Paving 128 TONS 160.00 $20,480
44 Pervious Asphalt Paving 3600 SF 25.00 $90,000
45 Geotextile Fabric 445 SY 4.00 $1,780
46 Class II AB 210 CY 250.00 $52,500
47 Concrete Paving - Standard 6000 SF 16.00 $96,000
48 Concrete Paving - Decorative 510 SF 20.00 $10,200
49 Concrete Edge Band 326 LF 100.00 $32,600
50 Pavement Striping 1650 SF 4.00 $6,598
51 Permeable Brick Pavers 3220 SF 30.00 $96,600
52 Permeable Paver Bedding Course - No.8 Stone 20 CY 250.00 $5,000 53 Permeable Paver Subbase - No.57 Stone 75 CY 250.00 $18,750 54 Permeable Paver Subbase - No.2 Stone 255 CY 250.00 $63,750 55 Concrete Steps at Stage 340 SF 100.00 $34,000
56 Stone Pilasters 6 EA 4,000.00 $24,000
57 Stone Wall at Entry 21 LF 450.00 $9,450
58 Stone Retaining Planter Wall 31 LF 500.00 $15,500
Subtotal: $598,918
SITE FURNISHINGS QTY UNIT UNIT COST TOTAL COST
59 Bollard (Fixed) 8 EA 3,000.00 $24,000
60 Bollard (Removable) 1 EA 3,000.00 $3,000
61 Tree Grate 11 EA 2,500.00 $27,500
62 Bench 9 EA 2,000.00 $18,000
63 Bike Racks 3 EA 1,000.00 $3,000
64 Trash Can Combo 4 EA 1,500.00 $6,000
65 Table 4 EA 3,000.00 $12,000
66 Boulders 14 EA 200.00 $2,800
67 Concrete Wheel Stops 15 EA 200.00 $3,000
68 Parking Signs 3 EA 400.00 $1,200
69 Pole Lights 9 EA 7,500.00 $67,500
70 Drinking Fountain/Bottle Filler 1 EA 5,500.00 $5,500 71 Other Site Lighting 1 LS 20,000.00 $20,000
Subtotal: $193,500
LANDSCAPE AND IRRIGATION QTY UNIT UNIT COST TOTAL COST
72 Bioretention Area 530 SF 12.00 $6,360.00
73 Irrigation 4640 SF 4.00 $18,560.00
74 Soil Preparation and Amendments 4640 SF 2.00 $9,280.00 75 Trees 15 EA 1,500.00 $22,500.00
76 Shrub Areas 1360 SF 5.00 $6,800.00
77 Turf - Sod 3065 SF 4.00 $12,260.00
78 Mulch (3" depth) 1360 SF 1.25 $1,700.00
Subtotal: $77,460.00
TOTAL JOB DIRECT COSTS 17350 SF 96.67 $1,677,213.32
General Conditions (10%) $167,721.33
Bonds (2%) $33,544.27
Contractor Overhead and Profit (10%) $167,721.33
Escalation (7%) $117,404.93
Design Contingency (10%) $167,721.33
Subtotal: $654,113.19
TOTAL PROJECT COSTS $2,331,326.51