Agenda — King City City Council, October 24, 2023

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY OCTOBER 24, 2023
6:00 P.M.

CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The City Council meeting will be conducted in hybrid in-person/virtual format.

To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.

1. CALL TO ORDER

2. ROLL CALL: Council Members Oscar Avalos, Carlos DeLeon, Robert Cullen, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre

3. FLAG SALUTE

4. CLOSED SESSION ANNOUNCEMENTS

5. SPECIAL PRESENTATIONS
A. Monterey Salinas Transit Presentations to Provide Important Updates

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 October 10, 2023, Council Meeting Recommendation: approve and file.

B. Consideration: City of King Check Register October 1, through October 15, 2023
Recommendation: receive and file.

C. Consideration: City of King KCCP Payments for the Month of September 2023 Recommendation: receive and file.

D. Consideration: A Resolution of the City Council of the City of King Establishing Settlement and Waiver Authority for City Manager.

Recommendation: consider a Resolution establishing the settlement authority and waiver of administrative penalties authority with the City Manager of the City of King which neither shall exceed the amount of ten thousand ($10,000.00) dollars.

E. Consideration: Award of a Consultant Services Agreement for Airport Planning and Environmental Consulting Services
Recommendation: authorize the City Manager to execute a consultant services agreement with Kimley-Horn for airport planning and environmental services.

F. Consideration: Award of a Consultant Services Agreement for Airport Architectural and Engineering Consulting Services
Recommendation: authorize the City Manager to execute a consultant services agreement with Kimley-Horn for airport architectural and engineering services.

G. Consideration: Successor Agency Check Register October 1, through October 15, 2023
Recommendation: receive and file.

10. PUBLIC HEARINGS
None

11. REGULAR BUSINESS
A. Consideration: Regional Board and Committee Assignments Recommendation: Select Council alternate to the following regional Boards and Committees:

1. Salinas Valley Solid Waste Authority

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.

Page 1 of 3 ends

City Council Meeting
October 10, 2023

1.__CALL TO ORDER:

Regular Meeting called to order at 6:00pm by Mayor LeBarre.

2.__ROLL CALL:

City Council: Mayor Mike LeBarre Council member Carlos DeLeon, Mayor Pro Tem Carlos Victoria, Council members Oscar Avalos and Rob Cullen
City Staff: City Manager Steve Adams; City Attorney Roy Santos; City Clerk, Erica Sonne.

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

None

5.__SPECIAL PRESENTATIONS:

A. Kendra Howell, Blue Zones Project Monterey County showed a slide show of the progress King City is making and things to come. Park Rx wellness opportunity could be coming soon.

Councilmember Cullen suggested that Prime Time Nutrition may be an opportunity for Blue Zone certification.

6. PUBLIC COMMUNICATIONS:

None

7. COUNCIL COMMUNICATIONS:

Council Member DeLeon stated he had nothing to report tonight.

Mayor Pro Tem Victoria stated AMBAG meeting is tomorrow.

Council Member Avalos stated Expo building at the Fairgrounds will be complete and a ribbon cutting could follow in a couple of weeks.

Council Member Cullens stated Liz Hall was on tonight however he wanted to remind of the Drop off/Clean-up this weekend and that there will be an extra-large bin space is limited and appointments are required. 8-10:30a.m. for drop off event and 8:30 to 10a.m. for King City in Bloom cleanup event. He would like to discuss with Liz offline his ideas about scheduling next year’s events the week after Halloween and 4th of July. High School and Sol Treasures are collaborating on a music event Saturday from 10a.m.-1p.m.

Mayor LeBarre commented on the check presentation by Senator Anna Caballero for the recreation department/City Park to add pickleball, update tennis courts and work on recreation center. Also the ribbon cutting on new Fire Truck that Senator Caballero worked on getting funding for last year. 9(A)

Page 2 of 3 ends

8. CITY STAFF REPORTS AND COMMENTS:

City Manager Adams stated he had nothing to report tonight.

City Attorney Roy Santos stated he had nothing to report tonight.

9. CONSENT
A. Consideration: Meeting Minutes of September 26, 2023, Council Meeting B. Consideration: City of King Check Register September 16, through September 30, 2023 C. Consideration: An Amendment to Chapter 7.25 Noise Control Standards D. Consideration: An Ordinance Amending Parking Restrictions E. Consideration: An Ordinance Amending Chapter 17.09 Property Maintenance Standards F. Consideration: Office of Traffic Safety STEP Grant
G. Consideration: Award of Bid for the 2023 King City Sediment Removal Project Council member Cullen pulled item D.

Action: Motion to approve consent agenda items A-C and E- G by Victoria seconded by Avalos.

AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

City Attorney Santos stated that Council member Cullen owns property with in 500ft of Item D. He recused himself and left the room.

Action: Motion to approve consent agenda item D by Avalos seconded by DeLeon.

AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos NOES: Council Members:

ABSENT: Council Members: Cullen
ABSTAIN: Council Members:

Council member Cullen came back to the meeting.

10. PUBLIC HEARINGS:

None

11. REGULAR BUSINESS
A. Consideration: Rejection of All Proposals Received by the Cities of Gonzales, Soledad, Greenfield and King (Cities) for Collection of Solid Waste, Recyclables and Organic Waste City Manager Adams introduced this item.

Patrick Mathews, General Manager/CAO, Salinas Valley Solid Waste Authority further introduced this item.

Page 3 of 3 ends

Action: Motion to approve a resolution that 1) rejects all proposals received from the Request for Proposals (RFP) for collection of solid waste, recyclables and organic waste for all the South Monterey County cities; and 2) direct staff to enter into discussions with both the South Monterey County incumbent waste haulers for an extension of the City’s current franchise agreement with Waste Management or participation in the extension of the franchise agreement of the other South Monterey County cities with Tri-Cities Disposal & Recycling by Cullen seconded by Victoria.

AYES: Council Members: LeBarre, DeLeon, Victoria, Avalos, Cullen NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
None
ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:36p.m.

Approved Signatures:

Mayor Mike LeBarre City Clerk, Erica Sonne
City of King City of King
Item No. 9(B)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER
OCTOBER 1 THROUGH OCTOBER 15, 2023
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 CITY COUNCIL
DATE: OCTOBER 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING KCCP PAYMENTS FOR
THE MONTH OF SEPTEMBER 2023
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.

01222.0001/929359.1
Item No. 9(D)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROY C. SANTOS, CITY ATTORNEY
RE: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF KING ESTABLISHING SETTLEMENT AND

WAIVER AUTHORITY FOR CITY MANAGER
RECOMMENDATION:

It is recommended the City Council consider a Resolution establishing the settlement authority and waiver of administrative penalties authority with the City Manager of the City of King which neither shall exceed the amount of $10,000.00.

BACKGROUND:

It has come to the City Attorney’s attention that the City Manager does not have settlement or waiver authority to resolve minor legal and administrative issues which impact the City. As a result, these issues must wait to be resolved until they can be presented to the City Council. Given that the nature of these types of claims tend to be minor and at times a quick response is required, it is recommended the City Council consider establishing some level of settlement authority to enable the City to more quickly resolve minor legal and administrative issues.

DISCUSSION:

The Resolution states the following:

The City Council of the City of King hereby adopts by this resolution, the following settlement authority for the City Manager of the City of King which shall not exceed ten thousand ($10,000.00) dollars. Further, the City Council of the City of King does hereby adopt by this resolution the following authority of the City Manager to waive administrative penalties owed to the City of King which shall not exceed ten thousand ($10,000.00) dollars.

01222.0001/929357.1
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING ESTABLISHING

SETTLEMENT AND WAIVER AUTHORITY FOR CITY MANAGER
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 establishing settlement authority and the power to waiver administrative penalties up to a set amount; 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 providing the prompt resolution of minor issues; and WHEREAS, this resolution is intended to establish the authority of the City Manager of the City of King to settle and/or resolve minor legal or administrative issues to ensure the health, safety and welfare of the businesses and city residents; and NOW THEREFORE, the City Council of the City of King hereby resolves as follows:

SECTION 1. The above recitals are incorporated are hereby by reference.

SECTION 2. The resolution 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. Settlement and Waiver of Administrative Penalties Authority for the City Manger of the City of King.

SECTION 4: EFFECTIVE DATE.

This resolution shall take effect immediately upon adoption.

I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the _____ day of _________________ 2023, by the following roll call vote:

AYES:

EXHIBIT 1
01222.0001/929357.1
NOES:

ABSTAIN:

ABSENT:

ATTEST
ERICA SONNE, 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 (E)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/AIRPORT

MANAGER
RE: CONSIDERATION OF AWARD OF A CONSULTANT SERVICES

AGREEMENT FOR AIRPORT PLANNING AND

ENVIRONMENTAL CONSULTING SERVICES
RECOMMENDATION:

It is recommended the City Council authorize the City Manager to execute a consultant services agreement with Kimley-Horn for airport planning and environmental services.

BACKGROUND:

On May 30, 2023, the City released a Request for Qualitifaction (RFQ) for Airport Planning and Environmental Services. The purpose is to have consulting services to assist City staff on Federal Aviation Administration and CalTrans Aviation requirements for current and upcoming Airport Capital Improvement Projects. Kimley-Horn was the only firm to submit a Statement of Qualifications (SOQ) to the RFQ. The review committee evalutated the SOQ on a percentage ranking basis and recommends moving forward with Kimley Horn as the final selection.

DISCUSSION:

The terms of services would be a five (5) year term. Kimley Horn will provide Airport Planning and Enviornmetnal Services including:

A. General planning, environmental, and consulting services; B. Preparation and administration of necessary applications and documents for FAA Airport Improvement Program (AIP) grant funding;

CITY COUNCIL

CONSIDERATION OF AWARD OF A CONSULTANT SERVICES AGREEMENT FOR

AIRPORT PLANNING AND ENVIRONMENTAL SERVICES
OCTOBER 24, 2023
PAGE 2 OF 4
C. Preparation and administration of necessary applications and documents for CalTrans Capital Improvement Program (CIP) grant funding; D. Preparation of Environmental Documentation such as Categorical Exclusions, Environmental Assessments, and other environmental services
Planning services may include the following:

A. Airport data collection and facility inventories.

B. Aeronautical activity forecasts and demand/capacity analyses.

C. Facility requirements determination.

D. Airfield modeling for capacity and delay.

E. Airport layout and terminal area plan development.

F. Airport noise studies under 14 CFR Parts 150 and 161.

G. Compatible land-use planning in the vicinity of airports.

H. Site selection studies.

I. Airport development schedules and cost estimates.

J. Airport financial planning and benefit cost analysis.

K. Participation in public information and community involvement programs and/or public hearings relating to airport development and planning projects.

L. Preparation of or updating of the airport layout plan.

M. Airspace analysis.

N. GIS data collection, entry, and analysis and other electronic graphical/mapping efforts.

O. Other planning tasks as required.

Environmental services may include the following:

A. Environmental Assessments (EA), Environmental Impact Statements (EIS), and other studies in accordance with FAA Orders 5050.4 and 1050.1.

B. Petroleum storage tank (underground and aboveground) and related infrastructure services
C. Environmental forensics
D. Stormwater pollution prevention plan (SWPPP) and spill prevention, control, and countermeasure plan (SPCC) compliance (including training and other activities) E. Hazardous materials management
F. Wildlife hazard management and mitigation
G. Analytical laboratory services
H. Other environmental services as may be required

CITY COUNCIL

CONSIDERATION OF AWARD OF A CONSULTANT SERVICES AGREEMENT FOR

AIRPORT PLANNING AND ENVIRONMENTAL SERVICES
OCTOBER 24, 2023
PAGE 3 OF 4
Other specialized services may include the following:

A. Project design services for both FAA grant eligible and non-FAA grant eligible projects.

B. AIP grant administration.

C. Maintenance and implementation of the Airport five-year ACIP including airport infrastructures, facility plans, storm water management plans, utilities plans, and pavement maintenance plans.

D. Other specialized services as required.

COST ANALYSIS:

Kimley Horn hourly rates will range from $90 for support staff to $415 for senior professional staff. The complete list of hourly rates may be found on Exhibit C of the Contract Service Agreement. For on call services that are outside of Airport Capital Improvement Program (ACIP) grant funding shall not to exceed $30,000 per fiscal year. Funds to be paid for from the Airport Fund 15.

ENVIRONMENTAL REVIEW:

The contract service agreement is not considered a project for the purpose of CEQA and has no potential for resulting in either direct or indirect impact to the environment.

ALTERNATIVES:

The following alternatives are presented for Council consideration:

1. Approve the Contract Service Agreement;

2. Approve the Contract Service Agreement, but direct staff to modify the hours, terms or overall strategy for proceeding as presented in this staff report;

3. Do not approve the Contract Service Agreement; or

4. Provide staff other direction.

01222.0001/643601.1 1

CITY OF KING

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on _______, 2023, by and between the CITY OF KING, a municipal corporation (“City”) and Kimley-Horn (herein “Consultant”) for Airport Planning and Environmental Consultant Services.

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 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 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.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which 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 $30,000 (Thirty Thousand Dollars) per fiscal year for on call services outside of Airport Capital Improvement Program (ACIP) grant funding (“Contract Sum”).

EXHIBIT 1
2 01222.0001/643601.1

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 contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: 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 Five Thousand Dollars ($5,000) 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 3 01222.0001/643601.1
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 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 5 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Erin M. Sheelen, ACIP, Transportation Planner 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. Octavio Hurtado, Public Works Director/Airport Manager [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
4 01222.0001/643601.1

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) 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 include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
5 01222.0001/643601.1
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 6 01222.0001/643601.1
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

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 7 01222.0001/643601.1
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.

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.

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 deliverable 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 document 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.
8 01222.0001/643601.1
(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 services 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. Any modifications made by the Client to any of the Consultant’s documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 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 relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District 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 9 01222.0001/643601.1
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 thirty (30) 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. 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 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 termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

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 10 01222.0001/643601.1

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 Ave, 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.

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 seventy-two (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.
11 01222.0001/643601.1
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 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.
[Signatures On The Following Page]
12 01222.0001/643601.1
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
Mike LeBarre, Mayor
ATTEST:

Erica Sonne, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
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. 01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2020 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. 01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SCOPE OF SERVICES
I. Consultant to assist the City over a five-year period in the performance of the following services:

A. General planning, environmental, and consulting services B. Preparation and administration of necessary applications and documents for FAA Airport Improvement Program (AIP) grant funding;
C. Preparation and administration of necessary applications and documents for CalTrans Capital Improvement Program (CIP) grant funding;
D. Preparation of Environmental Documentation such as Categorical Exclusions, Environmental Assessments, and other environmental services The prescribed services may be required for planning services such as or similar to the following:
a. Airport data collection and facility inventories.
b. Aeronautical activity forecasts and demand/capacity analyses. c. Facility requirements determination.
d. Airfield modeling for capacity and delay.
e. Airport layout and terminal area plan development.
f. Airport noise studies under 14 CFR Parts 150 and 161. g. Compatible land-use planning in the vicinity of airports. h. Site selection studies.
i. Airport development schedules and cost estimates.
j. Airport financial planning and benefit cost analysis. k. Participation in public information and community involvement programs and/or public hearings relating to airport development and planning projects. l. Preparation of or updating of the airport layout plan. m. Airspace analysis.
n. GIS data collection, entry, and analysis and other electronic graphical/mapping efforts. o. Other planning tasks as required.

The prescribed services may be required for environmental services such as or similar to the following:
a. Environmental Assessments (EA), Environmental Impact Statements (EIS), and other studies in accordance with FAA Orders 5050.4 and 1050.1. b. Petroleum storage tank (underground and aboveground) and related infrastructure services 01222.0001/643601.1
c. Environmental forensics
d. Stormwater pollution prevention plan (SWPPP) and spill prevention, control, and countermeasure plan (SPCC) compliance (including training and other activities) e. Hazardous materials management
f. Wildlife hazard management and mitigation
g. Analytical laboratory services
h. Other environmental services as may be required
The prescribed services may be required for specialized services such as or similar to the following:
a. Project design services for both FAA grant eligible and non-FAA grant eligible projects. b. AIP grant administration.
c. Maintenance and implementation of the Airport five-year ACIP including airport infrastructures, facility plans, storm water management plans, utilities plans, and pavement maintenance plans.
d. Other specialized services as required.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. FAA and Caltrans Grant Applications
B. NEPA CATEX and other environmental documents
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Monthly progress report along with invoices
B.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Erin Sheelen
01222.0001/643601.1
B. Heungseok (Jack) Park
C. Patrick Heaton
D. Chris Hacker
E. Andrew Scanlon
F. Bob Hamilton
G. Dominique Sullivan
H. Samantha Nguyen
I. Karina Huete
01222.0001/643601.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C-1
01222.0001/643601.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
Classification Rate
Analyst I $135 - $175
Analyst II $180 - $225
Professional $220 - $255
Senior Professional I $265 - $325
Senior Professional II $350 - $415
Senior Technical Support $120 - $300
Technical Support $110 - $175
Support Staff $90 - $150
I. Effective through June 30, 2024.

II. Subject to annual adjustment thereafter.

III. Internal Reimbursable Expenses will be charged at 5% of Labor Billings.

IV. External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract SubConsultants will be billed per the Contract.

D-1
01222.0001/643601.1
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.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Item No. 9( F)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/AIRPORT

MANAGER
RE: CONSIDERATION OF AWARD OF A CONSULTANT SERVICES

AGREEMENT FOR AIRPORT ARCHITECTURAL AND

ENGINEERING CONSULTING SERVICES
RECOMMENDATION:

It is recommended the City Council authorize the City Manager to execute a consultant services agreement with Kimley-Horn for airport architectural and engineering services.

BACKGROUND:

On May 30, 2023, the City released a Request for Qualitifaction (RFQ) for Airport Architectural and Engineering Services. The purpose is to have consulting services to assist City staff on Federal Aviation Administration and CalTrans Aviation requirements for current and upcoming Airport Capital Improvement Projects. The City received two Statement of Qualifications (SOQ) in response to the RFQ. The review committee evalutated the SOQ on a percentage ranking basis and recommends moving forward with Kimley Horn as the final selection.

DISCUSSION:

The terms of services would be a five (5) year term contract agreement. Kimley Horn will provide architectural and engineering services including:

A. Architectural Services
a. Preliminary Phase – defining scope of the project and establishing preliminary requirements.
b. Design Phase – complete project design including preparation of architectural reports and recommendations as well as preparing

CITY COUNCIL

CONSIDERATION OF AWARD OF A CONSULTANT SERVICES AGREEMENT FOR

AIRPORT ARCHITECTURAL AND ENGINEERING SERVICES
OCTOBER 24, 2023
PAGE 2 OF 3
detailed plans, specifications, costs estimates, and project schedules (design and construction)
c. Bidding and Negotiation Phase – advertising and securing bids, attending pre-bid conferences, analyzing bid results, negotiating for services, furnishing recommendations for award, and preparation of contract documents.
d. Construction Phase – consultation and guidance during construction e. Project Closeout Phase – services rendered after completion of a project including making final inspections and project acceptances f. Other architectural services as required
B. General Engineering Services
a. Airport related engineering design and development services b. Local agency interface and project permitting
c. Comprehensive project management covering all project phases d. Attendance at meetings as required
e. General support for engineering related projects
f. Other engineering services as required
C. Provide engineering design and other Specialized Engineering services as required
a. Airfield pavements and related infrastructure
b. Other specialized engineering services as required
D. Provide construction administration, inspection, and testing services during construction projects, and meeting attendance as required COST ANALYSIS:

ENVIRONMENTAL REVIEW:

The contract service agreement is not considered a project for the purpose of CEQA and has no potential for resulting in either direct or indirect impact to the environment.

01222.0001/643601.1 1

CITY OF KING

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on_______, 2023, by and between the CITY OF KING, a municipal corporation (“City”) and Kimley-Horn (herein “Consultant”) for Airport Architectural and Engineering Consultant Services.

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

2. COMPENSATION

EXHIBIT 1
2 01222.0001/643601.1

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

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 five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Robert Hamilton, PE Aviation Project Manager 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.

5. INSURANCE AND INDEMNIFICATION
4 01222.0001/643601.1

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

8. MISCELLANEOUS

8.8 Interpretation.

Consultant’s Authorized Initials _______

CITY:

CITY OF KING, a municipal corporation
Mike LeBarre, Mayor
ATTEST:

Erica Sonne, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONSULTANT:

By:

Name:

Title:

By:

Name:

Title:

Address:

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. 01222.0001/643601.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SCOPE OF SERVICES
A. Architectural Services
a. Preliminary Phase – defining scope of the project and establishing preliminary requirements.
b. Design Phase – complete project design including preparation of architectural reports and recommendations as well as preparing detailed plans, specifications, costs estimates, and project schedules (design and construction) c. Bidding and Negotiation Phase – advertising and securing bids, attending pre-bid conferences, analyzing bid results, negotiating for services, furnishing recommendations for award, and preparation of contract documents. d. Construction Phase – consultation and guidance during construction e. Project Closeout Phase – services rendered after completion of a project including making final inspections and project acceptances
f. Other architectural services as required
B. General Engineering Services
a. Airport related engineering design and development services b. Local agency interface and project permitting
c. Comprehensive project management covering all project phases d. Attendance at meetings as required
e. General support for engineering related projects
f. Other engineering services as required
C. Provide engineering design and other Specialized Engineering services as required
a. Airfield pavements and related infrastructure
b. Other specialized engineering services as required
D. Provide construction administration, inspection, and testing services during construction projects, and meeting attendance as required 01222.0001/643601.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C-1
01222.0001/643601.1
EXHIBIT “C”

II. Subject to annual adjustment thereafter.

III. Internal Reimbursable Expenses will be charged at 5% of Labor Billings.

IV. External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract SubConsultants will be billed per the Contract.

D-1
01222.0001/643601.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

Item No. 9(G)

REPORT TO THE SUCCESSOR AGENCY TO THE FORMER KING CITY CDA DATE: OCTOBER 24, 2023
TO: HONORABLE CHAIR AND MEMBERS OF THE BOARD
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF SUCCESSOR AGENCY CHECK
REGISTER FOR OCTOBER 1 THROUGH OCTOBER 15, 2023
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. 11(A)

REPORT TO THE CITY COUNCIL
DATE: OCTOBER 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ERICA SONNE, CITY CLERK
RE: CONSIDERATION OF REGIONAL BOARD AND COMMITTEE

ASSIGNMENTS
RECOMMENDATION:

City Council discuss and select an alternate to the following regional Board and Committee:

1. Salinas Valley Solid Waste Authority
BACKGROUND:

Discussion and selection of alternates for regional boards and committees usually happens during the election portion of the meeting when election results are approved every two years in December. Since the passing of Councilmember Acosta and the appointment of Council Member Avalos in March, selection of an alternate for the Salinas Valley Solid Waste Authority was overlooked.

DISCUSSION:

Designation of an Alternate Board Member to the Salinas Valley Solid Waste Authority is recommended to ensure King City is represented when Council Member Cullen is unable to attend a meeting. The Salinas Valley Solid Waste Authority meets the third Thursday of each month. A Form 700 will need to be completed for assuming office for the Salinas Valley Solid Waste Authority and forwarded to them by the City Clerk.

COST ANALYSIS:

There are no costs projected from this action.

King City City CouncilOctober 24, 2023

King City City Council
October 24, 2023