AGENDA
REGULAR MEETING OF THE
CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF
THE RDA FOR THE CITY OF KING
TUESDAY AUGUST 12, 2025
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.
CALL TO ORDER
ROLL CALL:
Council Members Oscar Avalos, Robert Cullen, Carlos Victoria, Mayor Pro Tem Carlos DeLeon, and Mayor Mike LeBarre
FLAG SALUTE
CLOSED SESSION ANNOUNCEMENTS
SPECIAL PRESENTATIONS
Swearing In Of Joshue Partida, New Police Captain, By Chief Robert Masterson
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.
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.
STAFF COMMUNICATIONS
1. 2.
3. 4.
5. A.
6. 7.
8 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.
STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.
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.
Consideration: Meeting Minutes Of July 22, 2025 Council Meeting Recommendation: approve and file.
9(A) 07-22-2025 MINUTES_.PDF
Consideration: City Of King Check Register July 16, Through July 31, 2025 Recommendation: receive and file.
9(B) CITY AP CHECK REGISTER.PDF
Consideration: Contractual Services Agreement With Disasters I/O For Assistance With The FEMA Recovery And Reimbursement Process
Recommendation: approve and authorize the City Manager to execute a contract services agreement with Disaster I/O (Disasters, Inc.) to assist the City with the FEMA recovery and reimbursement process for the Golf Course Restoration Project. 9(C) FEMA CONSULTANTS CONTRACT.PDF
Consideration: City Of King KCCP Payments For The Month Of July 2025 Recommendation: receive and file.
9(D) CITY AP KCCP PAYMENTS.PDF
Consideration: Participation In Additional National Opioid Settlement Recommendation: approve and authorize the City Manager to execute forms necessary to participate in the opioid settlement with Purdue (and certain of its affiliates) and the Sackler family.
9(E) OPIOID SETTLEMENT.PDF
Consideration: Award Of Bid For Mesa Del Rey Airport (KIC) For PAPI & REIL Runway 11 Aifild Eltil ItIldiAdtiA FidiOf Ctil
7. 8.
9. A.
Documents:
B.
Documents:
C.
Documents:
D.
Documents:
E.
Documents:
F.
affiliates) and the Sackler family.
9(E) OPIOID SETTLEMENT.PDF
Consideration: Award Of Bid For Mesa Del Rey Airport (KIC) For PAPI & REIL Runway 11 Airfield Electrical Improvements Including Adopting A Finding Of Categorical Exemption, Pursuant To Section 15301 Of CEQA Guidelines Recommendation: 1) award the bid for the Mesa Del Rey Airport Electrical Improvements in the amount of $419,640.00 to KOBO Utility Construction Corporation; 2) authorize City Manager or designee to execute all necessary documents; and 3) find the project Categorically Exempt from CEQA per Section 15301. 9(F) AWARD OF BID FOR MESA DEL REY AIRPORT KIC FOR PAPI AND REILS RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS.PDF
PUBLIC HEARINGS
Consideration: Closeout Of Community Development Block Grant Agreement 21-CDBG30009 With The State Of California Recommendation: 1) review the past use of funds and program performance for the City of King Community Development Block Grant (CDBG) contracts 21-CDBG-30009; 2) open the public hearing, receive public input regarding the outcome and accomplishments of the funding received under the contract, and close the public hearing; 3) adopt a resolution accepting all final products and 4) direct staff to submit the required closeout documents per the program requirements. 10(A) CDBG CLOSEOUT.PDF
REGULAR BUSINESS
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.
Conference With Labor Negotiators Pursuant To Government Code Section §54957 Agency Representative: Steven Adams Employee Organization: KCCEA, KCPOA
ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Documents:
F.
Documents:
10. A.
Documents:
11. 12.
A.
13.
City Council Meeting
July 22, 2025
1.__CALL TO ORDER:
Regular Meeting called to order at 6:00pm by Mayor LeBarre.
2.__ROLL CALL:
City Council: Mayor Mike LeBarre, Mayor Pro Tem Carlos DeLeon (absent), Council member Rob Cullen, Council member Carlos Victoria (absent), Council members Oscar Avalos
City Staff: City Manager Steven Adams, City Attorney Roy Santos; City Clerk Erica Sonne
3.__FLAG SALUTE:
The flag salute was led by Mayor LeBarre.
4. CLOSED SESSION ANNOUNCEMENTS:
No reportable action.
5.__SPECIAL PRESENTATIONS:
A. Proclamation in Support of the Salinas Valley Relay for Life was presented by Mayor LeBarre.
Ashley McDonald, Norma Aguilar and Nancy Valdez accepted on behalf of Relay for Life. Ms.
McDonald spoke about the Relay for Live event on September 20th and Paint Your Town Purple on August 28th where they would appreciate a representative from King City to take the torch.
6. PUBLIC COMMUNICATIONS:
Rosie Savage is a member of The Grand Jury and wanted City Council to know that if they need her to represent them for anything she is now a member.
7. COUNCIL COMMUNICATIONS:
Councilmember Cullen stated that while he was gone to Washington DC he went on a tour of the White House and the Capitol, he enjoyed both.
Councilmember Avalos stated he had nothing to report tonight Mayor LeBarre stated he had nothing to report tonight.
8. CITY STAFF REPORTS AND COMMENTS:
City Manager Adams encouraged City Council to check their mailbox for the invitation to the groundbreaking ceremony for Casa De Esparanza.
City Attorney Santos stated he had nothing to report tonight
9. CONSENT
A. Consideration: Meeting Minutes of July 8, 2025 Council Meeting B. Consideration: City of King Check Register July 1, through July 15, 2025 9(A)
C. Consideration: Second Reading of General Plan Amendment and Zone Text Amendment to the Neighborhood Commercial CN Zoning Designation
D. Consideration: Award of a Consultant Services Agreement for Plans, Specifications & Estimate Document (PS&E) of The San Antonio Drive Path and Safe Routes to Schools Improvements Project E. Consideration: Extension of Agreement with the County of Monterey for Award of Encampment Resolution Funding (ERF) and Other Grant Funding for the Temporary Homeless Shelter, Homeless Rental Assistance Programs and Permanent Supportive Housing Project Action: Motion to approve consent agenda item A-E by Cullen seconded by Avalos.
AYES: Council Members: LeBarre, Avalos, Cullen
NOES: Council Members:
ABSENT: Council Members: DeLeon, Victoria,
ABSTAIN: Council Members:
10. PUBLIC HEARINGS:
None
11. REGULAR BUSINESS
A. Consideration: City Manager Recruitment Executive Search Firm City Manager Adams introduced this item.
Action: Motion to approve and authorize the City Manager to execute a consultant services agreement with Peckham and McKinney to assist the City Council with the City Manager recruitment and selection process by LeBarre seconded by Avalos.
AYES: Council Members: LeBarre, Avalos, Cullen
NOES: Council Members:
ABSENT: Council Members: DeLeon, Victoria,
ABSTAIN: Council Members:
12. CITY COUNCIL CLOSED SESSION
A. Conference with Labor Negotiators Pursuant to Government Code Section §54957 Agency Representative: Steven Adams
Employee Organizations: KCCEA, KCPOA, KCPSA
ADJOURNMENT:
Mayor LeBarre adjourned the meeting in memory of Joanne Banuelos at 6:28p.m. to closed session.
Mayor LeBarre adjourned the meeting at 7:36p.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: AUGUST 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE HOWARD, FINANCE DIRECTOR
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER JULY
16 THROUGH JULY 31, 2025
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.
8/1/2025 3:40:19 PM Page 1 of 14
Check Report
King City, CA By Check Number
Date Range: 07/16/2025 - 07/31/2025
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: POOL-WFB-POOL - WELLS FARGO BANK
Payment Type: EFT
ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 07/21/2025 EFT 0.00 141.64 10290 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 76343 Invoice 06/30/2025 Computer Services - PD 0.00 41.25 100-6100-68131 Computers & Printers PD Computer Services 41.25 76462 Invoice 06/30/2025 Computer Services 0.00 400.39
100-2000-61560 Maintenance Agreements Computer Services 400.39 77079 Credit Memo 06/30/2025 Computer Services - Managed Remote onl… 0.00 -300.00 100-2000-61560 Maintenance Agreements Computer Services - Managed R… -300.00 CAROLLO CAROLLO ENGINEERS INC 07/21/2025 EFT 0.00 93,786.50 10291 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount FB68577 Invoice 06/30/2025 KC WWTP Upgrade Through 6/30/25 0.00 93,786.50 310-0000-61500 Professional Services KC WWTP Upgrade Through 6/3… 93,786.50 CSGCON CSG CONSULTANTS INC 07/21/2025 EFT 0.00 10,434.00 10292 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 61927 Invoice 06/30/2025 CSG Inspection Services June 0.00 10,434.00 100-1400-61500 Professional Services CSG Inspection Services June 10,434.00 EIKHOF EIKHOF DESIGN GROUP INC 07/21/2025 EFT 0.00 2,897.50 10293 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2025-186 Invoice 06/30/2025 Grocery Outlet Inspections 0.00 2,897.50 120-0000-47400 Developer Deposits Grocery Outlet Inspections 2,897.50 GIS GONZALES IRRIGATION SYSTEMS INC 07/21/2025 EFT 0.00 88.16 10294 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount KC128387 Invoice 06/30/2025 Irrigation Repair 0.00 88.16 100-2400-61227 Supplies-Landscaping Irrigation Repair 88.16 GREEN ACCT GREEN'S ACCOUNTING 07/21/2025 EFT 0.00 14,400.73 10295 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 070925 Invoice 06/30/2025 Finance Services June 2025 0.00 14,400.73 100-1500-61501 Accounting Services Finance Services June 2025 7,160.00 100-1800-61200 Postage, Shipping & Freig… Finance Services June 2025 80.73 310-0000-61501 Accounting Services Finance Services June 2025 4,296.00 410-0000-61501 Accounting Services Finance Services June 2025 2,864.00 LA HEARNE LA HEARNE COMPANY 07/21/2025 EFT 0.00 78.30 10296 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1516380 Invoice 06/30/2025 Pool Chemicals 0.00 78.30
100-2500-61270 Chemicals Pool Chemicals 78.30
ROSSI BROS ROSSI BROS TIRE & AUTO SERVICE 07/21/2025 EFT 0.00 97.82 10297 Check Report Date Range: 07/16/2025 - 07/31/2025
8/1/2025 3:40:19 PM Page 2 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount s1B73943 Invoice 06/30/2025 Oil Change 0.00 97.82
100-2100-61830 Vehicle Repairs & Mainte… Oil Change 97.82 RRM DESIGN RRM DESIGN GROUP INC 07/21/2025 EFT 0.00 262.50 10298 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 0597-04-UR19-2 Invoice 06/30/2025 KC Downtown Plaza 0.00 262.50 226-0000-61500 Professional Services KC Downtown Plaza 262.50 TRI TRI-COUNTY FIRE PROTECTION INC 07/21/2025 EFT 0.00 63.64 10299 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 65677 A Invoice 06/30/2025 Service Fire Extingusher 0.00 63.64 100-2100-61500 Professional Services Service Fire Extingusher 63.64 ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 07/21/2025 EFT 0.00 6,700.72 10300 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 76928 Invoice 07/18/2025 Computer Services 0.00 6,700.72 100-2000-61560 Maintenance Agreements Computer Services 6,700.72 SMITHE SMITH & ENRIGHT LANDSCAPING INC 07/21/2025 EFT 0.00 665.00 10301 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2066 Invoice 07/18/2025 Landscape Maint. For July 2025 0.00 665.00 100-2400-61500 Professional Services Landscape Maint. For July 2025 665.00 Total EFT: 0.00 129,616.51
Check Report Date Range: 07/16/2025 - 07/31/2025
8/1/2025 3:40:19 PM Page 3 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
AFLAC AFLAC 07/18/2025 Regular 0.00 91.47 72982
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000862 Invoice 07/18/2025 PAYROLL DEDUCTION - INSURANCE 0.00 44.30 100-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 31.02 310-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 8.87 410-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 4.41 INV0000863 Invoice 07/18/2025 PAYROLL DEDUCTION - INSURANCE 0.00 47.17 100-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 38.31 310-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 6.74 410-0000-21171 LTD Insurance Payable PAYROLL DEDUCTION - INSURA… 2.12 ANTHEM BLU ANTHEM BLUE CROSS 07/18/2025 Regular 0.00 49,663.86 72983 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000865 Invoice 07/18/2025 HEALTH INSURANCE DEDUCTION 0.00 3,672.94 100-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 3,243.62 120-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 7.69 225-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 5.89 310-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 268.62 410-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 147.12 INV0000866 Invoice 07/18/2025 HEALTH INSURANCE EMPLOYER 0.00 45,990.92 100-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 41,023.34 120-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 69.60 225-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 84.47 310-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 3,443.46 410-0000-21150 Health Insurance Payable HEALTH INSURANCE EMPLOYER 1,370.05 CAL PERS R CAL PERS RETIREMENTSYSTEM 07/18/2025 Regular 0.00 34,053.63 72984 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000878 Invoice 07/18/2025 PERS PEPRA MISC EMPLOYER 0.00 6,128.61 100-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 5,085.38 120-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 109.26 310-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 741.14 410-0000-21130 PERS Payable PERS PEPRA MISC EMPLOYER 192.83 INV0000879 Invoice 07/18/2025 PERS PEPRA MISC EMPLOYEE 0.00 5,966.92 100-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 4,951.28 120-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 106.37 310-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 721.57 410-0000-21131 PERS Payable - EE PERS PEPRA MISC EMPLOYEE 187.70 INV0000880 Invoice 07/18/2025 PERS PEPRA SAFETY EMPLOYER 0.00 4,783.96 100-0000-21130 PERS Payable PERS PEPRA SAFETY EMPLOYER 4,764.13 225-0000-21130 PERS Payable PERS PEPRA SAFETY EMPLOYER 19.83 INV0000881 Invoice 07/18/2025 PERS PEPRA SAFETY EMPLOYEE 0.00 4,701.88 100-0000-21131 PERS Payable - EE PERS PEPRA SAFETY EMPLOYEE 4,682.39 225-0000-21131 PERS Payable - EE PERS PEPRA SAFETY EMPLOYEE 19.49 INV0000882 Invoice 07/18/2025 PERS MISC CLASSIC EMPLOYER 0.00 1,629.30 100-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 1,035.84 310-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 255.08 410-0000-21130 PERS Payable PERS MISC CLASSIC EMPLOYER 338.38 INV0000883 Invoice 07/18/2025 PERS MISC CLASSIC EMPLOYEE 0.00 937.97 100-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 596.74 310-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 146.94 410-0000-21131 PERS Payable - EE PERS MISC CLASSIC EMPLOYEE 194.29 INV0000884 Invoice 07/18/2025 PERS SAFETY CLASSIC EMPLOYER 0.00 6,869.82 100-0000-21130 PERS Payable PERS SAFETY CLASSIC EMPLOYER 6,869.82 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number INV0000885 Invoice 07/18/2025 PERS SAFTEY CLASSIC EMPLOYEE 0.00 3,035.17 100-0000-21131 PERS Payable - EE PERS SAFTEY CLASSIC EMPLOYEE 3,035.17 CACHLDSUP CALIFORNIA STATE DISBURSEMENT UNIT 07/18/2025 Regular 0.00 780.00 72985 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000891 Invoice 07/18/2025 M. DILLON CHILD SUPPORT 0.00 780.00 100-0000-21175 Wage Levys M. DILLON CHILD SUPPORT 780.00 E.D.I.S. EMPLOYER DRIVEN INSURANCE SERVICE 07/18/2025 Regular 0.00 775.50 72986 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000864 Invoice 07/18/2025 ASI EMPLOYER SHARE 0.00 775.50 100-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 674.24 120-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 2.00 225-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 0.86 310-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 57.31 410-0000-21150 Health Insurance Payable ASI EMPLOYER SHARE 41.09 K.C.P.O.A. K.C.P.O.A. 07/18/2025 Regular 0.00 525.00 72987 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000870 Invoice 07/18/2025 KCPOA UNION DUES 0.00 525.00 100-0000-21173 KCPOA Union Dues KCPOA UNION DUES 522.27 225-0000-21173 KCPOA Union Dues KCPOA UNION DUES 2.73
K.C.P.S.A. K.C.P.S.A. 07/18/2025 Regular 0.00 425.00 72988 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000871 Invoice 07/18/2025 KCPSA UNION DUES 0.00 425.00 100-0000-21174 KCPSA Union Dues KCPSA UNION DUES 425.00 ICMA RETIR MISSION SQUARE-302397 07/18/2025 Regular 0.00 7,861.45 72989 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000858 Invoice 07/18/2025 EMPLOYER MATCH - ICMA DC 0.00 799.57 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 686.49 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 61.72 410-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 51.36 INV0000859 Invoice 07/18/2025 EMPLOYER MATCH - ICMA DC 0.00 639.27 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 511.96 120-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 47.42 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 79.89 INV0000860 Invoice 07/18/2025 EMPLOYER MATCH - ICMA DC 0.00 443.82 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 332.87 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 110.95 INV0000867 Invoice 07/18/2025 DEF COMP EMPLOYEE 0.00 4,044.24 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 3,282.24 120-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 210.41 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 521.60 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 29.99 INV0000868 Invoice 07/18/2025 DEF COMP EMPLOYEE 0.00 1,639.28 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 1,464.41 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 49.32 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 125.55 INV0000869 Invoice 07/18/2025 DEF COMP EMPLOYEE 0.00 295.27 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 267.73 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 27.54 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number MUTUAL OF OMAHA MUTUAL OF OMAHA 07/18/2025 Regular 0.00 2,856.17 72990 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000875 Invoice 07/18/2025 DENTAL INSURANCE EMPLOYER 0.00 559.65 100-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 462.09 120-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 2.72 310-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 33.30 410-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 61.54 INV0000876 Invoice 07/18/2025 DENTAL INSURANCE EMPLOYER 0.00 420.84 100-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 357.73 310-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 56.10 410-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 7.01 INV0000877 Invoice 07/18/2025 DENTAL INSURANCE EMPLOYER 0.00 1,378.08 100-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 1,286.72 120-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 1.42 225-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 4.18 310-0000-21150 Health Insurance Payable DENTAL INSURANCE EMPLOYER 85.76 INV0000887 Invoice 07/18/2025 VISION INSURANCE EMPLOYER 0.00 78.30 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 72.05 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 6.25 INV0000888 Invoice 07/18/2025 VISION INSURANCE EMPLOYER 0.00 51.60 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 43.02 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 6.89 410-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 1.69 INV0000889 Invoice 07/18/2025 VISION INSURANCE EMPLOYER 0.00 118.20 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 97.61 120-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 0.57 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 7.03 410-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 12.99 INV0000890 Invoice 07/18/2025 VISION INSURANCE EMPLOYER 0.00 249.50 100-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 229.68 120-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 0.31 225-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 0.91 310-0000-21150 Health Insurance Payable VISION INSURANCE EMPLOYER 18.60 Selman One80 Intermediaries Inc. 07/18/2025 Regular 0.00 52.36 72991 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000874 Invoice 07/18/2025 KCFC AD&D EMPLOYER 0.00 52.36 100-0000-21170 LTD Insurance Payable KCFC AD&D EMPLOYER 51.77 310-0000-21170 LTD Insurance Payable KCFC AD&D EMPLOYER 0.59 SEIU SEIU LOCAL 521 07/18/2025 Regular 0.00 520.72 72992 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000886 Invoice 07/18/2025 SEIU UNION DUES 0.00 520.72 100-0000-21196 City Reimb Payable SEIU UNION DUES 383.63 120-0000-21196 City Reimb Payable SEIU UNION DUES 2.71
310-0000-21196 City Reimb Payable SEIU UNION DUES 67.00 410-0000-21196 City Reimb Payable SEIU UNION DUES 67.38 STAND INS STANDARD INSURANCE COMPANY 07/18/2025 Regular 0.00 1,610.88 72993 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0000861 Invoice 07/18/2025 EMPLOYER SHARE - AD&D 0.00 130.59 100-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 116.85 120-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 0.80 225-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 0.14 310-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 8.09 410-0000-21160 Life Insurance Payable EMPLOYER SHARE - AD&D 4.71 INV0000872 Invoice 07/18/2025 STANDARD LIFE EMPLOYER 0.00 835.80 100-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 747.46 120-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 5.09 225-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 0.87 310-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 51.81 410-0000-21160 Life Insurance Payable STANDARD LIFE EMPLOYER 30.57 INV0000873 Invoice 07/18/2025 STANDARD LTD EMPLOYER 0.00 644.49 100-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 566.35 120-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 3.68 225-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 0.60 310-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 43.41 410-0000-21170 LTD Insurance Payable STANDARD LTD EMPLOYER 30.45 911 HAZMAT CLEANUP L911 HAZMAT CLEANUP LLC 07/18/2025 Regular 0.00 2,249.99 72994 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 0001126 Invoice 06/30/2025 Monarch Inn Hazmat Room Cleanup 0.00 2,249.99 121-0000-61500 Professional Services Monarch Inn Hazmat Room Clea… 2,249.99 ACEHIGH ACE HIGH DESIGNS INC 07/18/2025 Regular 0.00 147.07 72995 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 53731 Invoice 06/30/2025 Camp Shirts 0.00 104.57
100-2600-61340 Uniform Purchase Camp Shirts 104.57
53732 Invoice 06/30/2025 Camp Shirts 0.00 42.50
100-2600-61340 Uniform Purchase Camp Shirts 42.50
KCTVHARD ALCANTAR HARDWARE INC 07/18/2025 Regular 0.00 248.91 72996 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 581236 Invoice 06/30/2025 Trimmer Line 0.00 58.71
100-2400-61898 Equipment Repair & Main… Trimmer Line 58.71 581239 Invoice 06/30/2025 Concrete 0.00 71.71
100-2400-61800 Repairs & Maintenance Concrete 71.71
581586 Invoice 06/30/2025 Screws 0.00 42.40
310-0000-61800 Repairs & Maintenance Screws 42.40
581629 Invoice 06/30/2025 Replacement Ex Cord & Splitter 0.00 54.35 100-2100-61810 Tools & Minor Equipment Replacement Ex Cord & Splitter 54.35 581686 Invoice 06/30/2025 Batteries 0.00 21.74
100-2400-61227 Supplies-Landscaping Batteries 21.74
TRUJILLOA ALICIA TRUJILLO 07/18/2025 Regular 0.00 71.40 72997 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 063025 Invoice 06/30/2025 Events Reimbursement 0.00 71.40 100-1100-62009 Travel, Meetings & Traini… Events Reimbursement 71.40 CARMEL FIR ART BLACK 07/18/2025 Regular 0.00 4,250.00 72998 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 125234 Invoice 06/30/2025 Fire Sprinklers 2025 0.00 250.00 100-1400-61500 Professional Services Fire Sprinklers 2025 250.00 125235 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 125236 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 125237 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 125238 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 125239 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 125240 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 125241 Invoice 06/30/2025 Fire Sprinklers 0.00 250.00
100-1400-61500 Professional Services Fire Sprinklers 250.00 2025-06 Invoice 06/30/2025 Annual Fire Inspections Businesses 0.00 2,250.00 100-1400-61500 Professional Services Annual Fire Inspections Business… 2,250.00 AT&T - C AT&T Calnet 3 07/18/2025 Regular 0.00 256.35 72999 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000023668070 Invoice 06/30/2025 Phone Bill 0.00 157.88
100-1700-61710 Cellular Phones Phone Bill 157.88
000023669237 Invoice 06/30/2025 Phone Bill 0.00 59.51
100-1700-61700 Telephone/Data/Pager Phone Bill 59.51
000023726957 Invoice 06/30/2025 Phone Bill 0.00 38.96
100-1800-61710 Cellular Phones Phone Bill 38.96
BEAZLEY BEAZLEY SECURITY, LLC 07/18/2025 Regular 0.00 7,500.00 73000 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV5801 Invoice 06/30/2025 Cybersecurity Services To Address Breach … 0.00 7,500.00 100-1500-61530 IT Services Cybersecurity Services To Addre… 7,500.00 CALSTATE CALSTATE SUPPLY, INC. 07/18/2025 Regular 0.00 217.45 73001 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 6225 Invoice 06/30/2025 Graffiti Removal Wipes 0.00 217.45 100-2400-61800 Repairs & Maintenance Graffiti Removal Wipes 217.45 CNC ELECTR CLARK N CLEVENGER CNC ELECTRIC AND OUTDOOR POWER 07/18/2025 Regular 0.00 883.89 73002 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 8257 Invoice 06/30/2025 Hedger Repairs 0.00 417.47
100-2400-61898 Equipment Repair & Main… Hedger Repairs 417.47 8258 Invoice 06/30/2025 Hedger Repairs 0.00 466.42
100-2400-61898 Equipment Repair & Main… Hedger Repairs 466.42 DAVE'S REP DAVE'S REPAIR SERVICE David L Gambetta 07/18/2025 Regular 0.00 100.00 73003 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 38842 Invoice 06/30/2025 Monthly Fuel Inspection Airport 0.00 100.00 110-0000-61500 Professional Services Monthly Fuel Inspection Airport 100.00 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number DEPT CONS DEPARTMENT OF CONSERVATION DIV. OF ADMIN. SERVICES-ACCNT. 07/18/2025 Regular 0.00 867.24 73004 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 063025 Invoice 06/30/2025 Strong Motion Quarterly Report 0.00 867.24 100-1400-61770 SMIP Fees Strong Motion Quarterly Report 867.24 DEPT ACCNT DEPARTMENT OF JUSTICE ACCOUNTING OFFICE 07/18/2025 Regular 0.00 294.00 73005 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 829714 Invoice 06/30/2025 Finger Prints 0.00 294.00
100-2000-64120 DOJ Fingerprint Checks Finger Prints 294.00 DIMES MEDI DIMES MEDIA CORPORATION 07/18/2025 Regular 0.00 250.00 73006 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 4863 Invoice 06/30/2025 KRKC Ads 0.00 250.00
100-2600-61125 Advertising KRKC Ads 250.00
FIRST TEE FUTURE CITIZENS FOUNDATION First Tee - Monterey County 07/18/2025 Regular 0.00 18,333.34 73007 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2721 Invoice 06/30/2025 Golf Course Operation 0.00 9,166.67 100-2700-61500 Professional Services Golf Course Operation 9,166.67 41913 Invoice 06/30/2025 Golf Course Operation 0.00 9,166.67 100-2700-61500 Professional Services Golf Course Operation 9,166.67 HARRIS & A HARRIS & ASSOCIATES INC 07/18/2025 Regular 0.00 787.50 73008 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 68342 Invoice 06/30/2025 Riverview Gardens Engineers Report 0.00 787.50 610-0000-61500 Professional Services Riverview Gardens Engineers Re… 787.50 TIRE KING JOSE RODRIGUEZ TIRE KING & AUTO EXPRESS 07/18/2025 Regular 0.00 39.88 73009 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 92195 Invoice 06/30/2025 Flat Tire Repair 0.00 39.88
100-2400-61893 Vehicle Repairs & Mainte… Flat Tire Repair 39.88 KIMLEY-HOR KIMLEY-HORN & ASSOCIATES INC 07/18/2025 Regular 0.00 6,194.93 73010 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 094557101-0625 Invoice 06/30/2025 KIC Papi & Reul RWY 11 0.00 6,194.93 110-0000-68110 Capital - Improvements KIC Papi & Reul RWY 11 6,194.93 NEWSV NEW SV MEDIA INC 07/18/2025 Regular 0.00 331.57 73011 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 146844 Invoice 06/30/2025 Taxi Service Public Notice 0.00 331.57 100-1300-61100 Public Notices Taxi Service Public Notice 331.57 OWEN EQUIP OWEN EQUIPMENT SALES INC 07/18/2025 Regular 0.00 1,307.05 73012 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 00067291 Invoice 06/30/2025 Sweeper Parts 0.00 1,307.05 410-0000-61899 Equipment Repair & Main… Sweeper Parts 1,307.05 PURE WATER PENINSULA PURE WATER INC 07/18/2025 Regular 0.00 41.45 73013 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 455088 Invoice 06/30/2025 Utilities Water 0.00 41.45
100-1800-61730 Utilities - Water Utilities Water 41.45
PAC PG&E 07/18/2025 Regular 0.00 53,147.34 73014
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 072125 Invoice 06/30/2025 Electricity 0.00 53,147.34
100-1600-61720 Utilities - Gas & Electricity Electricity 3,083.80 100-1700-61720 Utilities - Gas & Electricity Electricity 737.64 100-1800-61720 Utilities - Gas & Electricity Electricity 1,364.65 100-2100-61720 Utilities - Gas & Electricity Electricity 800.82 100-2400-61720 Utilities - Gas & Electricity Electricity 3,393.37 100-2500-61720 Utilities - Gas & Electricity Electricity 10,167.40 100-2600-61720 Utilities - Gas & Electricity Electricity 914.56 110-0000-61720 Utilities - Gas & Electricity Electricity 201.67 310-0000-61720 Utilities - Gas & Electricity Electricity 23,552.58 410-0000-61720 Utilities - Gas & Electricity Electricity 8,930.85 QUILL CORP QUILL CORPORATION 07/18/2025 Regular 0.00 357.61 73015 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 44698376 Invoice 06/30/2025 Office Supplies 0.00 214.17 100-1500-61210 Office Supplies Office Supplies 214.17
44702042 Invoice 06/30/2025 Office Supplies 0.00 143.44 100-1100-61210 Office Supplies Office Supplies 21.27
100-1800-61210 Office Supplies Office Supplies 78.68
100-2100-61210 Office Supplies Office Supplies 43.49
SVSWA SALINAS VALLEY SOLID WASTE AUTHORITY 07/18/2025 Regular 0.00 4,925.90 73016 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount FY24-25-Q4 Invoice 06/30/2025 Refuse and Recycling Franchise Agreement… 0.00 4,925.90 100-1100-61500 Professional Services Refuse and Recycling Franchise … 4,925.90 SAVETHE SAVE THE WHALES 07/18/2025 Regular 0.00 17,200.00 73017 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2024-2025 Invoice 06/30/2025 Public Outreach Education 0.00 17,200.00 717-0000-61500 Professional Services Public Outreach Education 17,200.00 WITMER WITMER PUBLIC SAFETY GROUP, INC 07/18/2025 Regular 0.00 432.81 73018 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV694456 Invoice 06/30/2025 Fire Helmet For Chief 8502 0.00 432.81 100-1700-61341 Safety Clothing Fire Helmet For Chief 8502 432.81 KCTVHARD ALCANTAR HARDWARE INC 07/18/2025 Regular 0.00 81.53 73019 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 581923 Invoice 07/18/2025 Oil For Tools 0.00 81.53
100-2100-61898 Equipment Repair & Main… Oil For Tools 81.53 ALLIANT ALLIANT INSURANCE SERVICES INC NPB MAIN 07/18/2025 Regular 0.00 27,644.00 73020 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3133293 Invoice 07/18/2025 Airport Insurance 0.00 6,641.00 110-0000-61600 Liability Insurance Airport Insurance 6,641.00 3135799 Invoice 07/18/2025 Vehicle Insurance 0.00 19,434.00 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 100-2000-61610 Vehicle Insurance Vehicle Insurance July 2025 19,434.00 3137649 Invoice 07/18/2025 ACIP Crime Ins. Renewal 25-26 0.00 1,569.00 100-2000-61400 Misc Insurance Premiums ACIP Crime Ins. Renewal 25-26 1,569.00 AMAZON AMAZON CAPITAL SERVICES INC 07/18/2025 Regular 0.00 573.40 73021 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 117F-XJD7-3YXF Invoice 07/18/2025 Pool Supplies 0.00 76.10 100-2500-61220 Operational Supplies Pool Supplies 76.10 1JR7-4XJN-9L1C Invoice 07/18/2025 Calendar 2026 0.00 19.02 100-2600-61210 Office Supplies Calendar 2026 19.02
1LY6-NTGM-KCXT Invoice 07/18/2025 Office Supplies 0.00 158.59 100-1400-61210 Office Supplies Office Supplies 37.18
100-1800-61210 Office Supplies Office Supplies 121.41
1QWD-RLTH-19JY Invoice 07/18/2025 Pool Freezer 0.00 264.25 100-2500-61220 Operational Supplies Pool Freezer 264.25 1QXD-1RCG-DYCJ Invoice 07/18/2025 Pool Supplies 0.00 55.44 100-2500-61220 Operational Supplies Pool Supplies 55.44 AMBAG AMBAG 07/18/2025 Regular 0.00 2,542.66 73022
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 4501 Invoice 07/18/2025 AMBAG Dues July 0.00 2,542.66
100-2000-61111 AMBAG Dues AMBAG Dues July 2,542.66
WASSONA ANDREA WASSON 07/18/2025 Regular 0.00 214.17 73023 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 070825 Invoice 07/18/2025 Reimbursement - Snack Bar 0.00 161.25 100-2500-61220 Operational Supplies Reimbursement - Snack Bar 161.25 070925 Invoice 07/18/2025 Reimbursement - Snack Bar 0.00 52.92 100-2500-61220 Operational Supplies Reimbursement - Snack Bar 52.92 CARMEL FIR ART BLACK 07/18/2025 Regular 0.00 1,375.00 73024 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2025-07 Invoice 07/18/2025 Annual Fire Inspections For Businesses 0.00 1,375.00 100-1400-61500 Professional Services Annual Fire Inspections 1,375.00 BENITEZ SECURITY BENITEZ SECURITY SERVICES 07/18/2025 Regular 0.00 5,952.00 73025 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2950 Invoice 07/18/2025 Monarch Inn Temporary Shelter Security 0.00 3,264.00 121-0000-61500 Professional Services Monarch Inn Temporary Shelter … 3,264.00 2966 Invoice 07/18/2025 Monarch Inn Temporary Shelter Security 0.00 2,688.00 121-0000-61500 Professional Services Monarch Inn Temporary Shelter … 2,688.00 VENEGASB BENJAMIN VENEGAS 07/18/2025 Regular 0.00 75.00 73026 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 071525 Invoice 07/18/2025 Softball Coach 0.00 75.00
100-0000-45340 Youth Soccer Coach - Softball Team 75.00 CARRILLOC CRYSTAL CARRILLO 07/18/2025 Regular 0.00 75.00 73027 Check Report Date Range: 07/16/2025 - 07/31/2025
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 071525 Invoice 07/18/2025 Softball Coach 0.00 75.00
100-0000-45340 Youth Soccer Softball Coach 75.00
DJ DAN INC DANIEL ALBERTO NAVARRO DJ DAN INC 07/18/2025 Regular 0.00 75.00 73028 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 071525 Invoice 07/18/2025 Softball Coach 0.00 75.00
100-0000-45340 Youth Soccer Softball Coach 75.00
DAVE'S REP DAVE'S REPAIR SERVICE David L Gambetta 07/18/2025 Regular 0.00 100.00 73029 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 38995 Invoice 07/18/2025 Monthly Site Inspection 0.00 100.00 110-0000-61500 Professional Services Monthly Site Inspection 100.00 IGLESIASD DIANA IGLESIAS 07/18/2025 Regular 0.00 75.00 73030 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 071525 Invoice 07/18/2025 Softball Coach 0.00 75.00
100-0000-45340 Youth Soccer Softball Coach 75.00
D A CONSUL DISABILITY ACCESS CONSULTANTS LLC 07/18/2025 Regular 0.00 2,000.00 73031 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 25-177 Invoice 07/18/2025 ADA Transition Plan Annual Subscription 0.00 2,000.00 100-1100-61760 Budget Contingency ADA Transition Plan Annual Subs… 2,000.00 CORTES EM EMMANUEL CORTES 07/18/2025 Regular 0.00 75.00 73032 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 071525 Invoice 07/18/2025 Softball Coach 0.00 75.00
100-0000-45340 Youth Soccer Softball Coach 75.00
GREEN L GREEN LINE 07/18/2025 Regular 0.00 2,710.00 73033 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 106184 Invoice 07/18/2025 Junction Box Cleaning WWTP 0.00 2,710.00 310-0000-61500 Professional Services Junction Box Cleaning WWTP 2,710.00 CIVICPLUS ICON ENTERPRISES, INC. CivicPlus 07/18/2025 Regular 0.00 9,591.00 73034 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 341118 Invoice 07/18/2025 Next Request PRA Request Annual Fee 0.00 9,591.00 100-2000-61500 Professional Services Next Request PRA Request Ann… 9,591.00 KSSTATE KS STATEBANK GOVERNMENT FINANCE DEPT 07/18/2025 Regular 0.00 9,649.12 73035 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 54913-9-2025 Invoice 07/18/2025 Street Sweeper Payment 0.00 9,649.12 100-2200-68200 Interest Street Sweeper Payment 228.83
100-2200-68210 Principal Street Sweeper Payment 9,420.29 LINCOLN LINCOLN AQUATICS 07/18/2025 Regular 0.00 2,763.94 73036 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount NS523225 Invoice 07/18/2025 Chlorine 0.00 2,763.94
100-2500-61270 Chemicals Chlorine 2,763.94
MOCO AUDIT MO CO AUDITOR-CONTROLLER 07/18/2025 Regular 0.00 12,917.25 73037 Check Report Date Range: 07/16/2025 - 07/31/2025
8/1/2025 3:40:19 PM Page 12 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 26-115 Invoice 07/18/2025 LAFCO Annual Fee 0.00 12,917.25 100-2000-61112 LAFCO Apportionment LAFCO Annual Fee 12,917.25 CENTRALCOA MONTEREY COUNTY BUSINESS COUNC Central Coast SBDC 07/18/2025 Regular 0.00 3,000.00 73038 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5062 Invoice 07/18/2025 SBDC Financial Support Econ Dev Assistan… 0.00 3,000.00 100-1000-61300 Community Promotion SBDC Financial Support Econ Dev… 3,000.00 NEWSV NEW SV MEDIA INC 07/18/2025 Regular 0.00 341.51 73039 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 147871 Invoice 07/18/2025 Public Hearing Notice LA Hearne Cup 0.00 341.51 120-0000-61100 Public Notices Public Hearing Notice LA Hearne… 341.51 O'REILLY A O'REILLY AUTOMOTIVE INC 07/18/2025 Regular 0.00 18.48 73040 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3133-173618 Invoice 07/18/2025 Spray Glue - FD 0.00 18.48 100-1700-61803 Fire Station Maintenance Spray Glue - FD 18.48 PBGFS PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC07/18/2025 Regular 0.00 583.61 73041 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3107309003 Invoice 07/18/2025 Postage Machine Lease - Postage Shipping 0.00 583.61 100-1800-61200 Postage, Shipping & Freig… Postage Machine Lease - Postage… 583.61 RAZZOLINK RAZZO LINK INC RAZZOLINK 07/18/2025 Regular 0.00 34.90 73042 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 432648 Invoice 07/18/2025 FY 25/26 July 0.00 34.90
100-2000-61560 Maintenance Agreements FY 25/26 July 34.90 TAMC TRANSPORTATION AGENCY FOR MONTEREY COUNTY (TAMC) 07/18/2025 Regular 0.00 4,465.00 73043 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount FY26 RTPA Invoice 07/18/2025 Regional Transportation Planning Assessm… 0.00 4,465.00 100-2000-61785 TAMC Congestion Mgmt … Regional Transportation Plannin… 4,465.00 LARAVANES VANESSA LARA 07/18/2025 Regular 0.00 75.00 73044 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 071525 Invoice 07/18/2025 Softball Coach 0.00 75.00
100-0000-45340 Youth Soccer Softball Coach 75.00
M BASIA MBASIA C/O Alliant Insurance Services 07/28/2025 Regular 0.00 544,057.32 73045 Check Report Date Range: 07/16/2025 - 07/31/2025
8/1/2025 3:40:19 PM Page 13 of 14
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 250701-6 Invoice 07/28/2025 Premiums 0.00 544,057.32
100-1100-51270 Workers' Compensation Premiums 377.30
100-1300-51270 Workers' Compensation Premiums 109.62
100-1400-51270 Workers' Compensation Premiums 137.55
100-1500-51270 Workers' Compensation Premiums 137.55
100-1600-51270 Workers' Compensation Premiums 41,546.53 100-1700-51270 Workers' Compensation Premiums 18,503.47 100-2000-51270 Workers' Compensation Premiums 32,072.38 100-2000-61400 Misc Insurance Premiums Premiums 197,068.78 100-2000-61600 Liability Insurance Premiums 107,696.15
100-2000-61600 Liability Insurance Premiums -17,241.35
100-2000-61600 Liability Insurance Premiums 829.00
100-2000-61630 Employee Assistance Prog… Premiums 7,232.40 100-2100-51270 Workers' Compensation Premiums 171.49
100-2400-51270 Workers' Compensation Premiums 397.81
100-2600-51270 Workers' Compensation Premiums 5,620.21
310-0000-51270 Workers' Compensation Premiums 561.88
310-0000-61600 Liability Insurance Premiums 128,891.22
310-0000-61600 Liability Insurance Premiums 19,581.12
410-0000-51270 Workers' Compensation Premiums 364.21
Total Regular: 0.00 850,716.61
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code POOL-WFB Summary
Bank Drafts
EFT's
64 0
0 0
12 0.00
0.00 0.00
0.00 0.00
76 0.00
Payment
850,716.61
0.00 0.00
0.00 129,616.51
980,333.12
Payable
Count
112
0 0
0 14
126
Check Report Date Range: 07/16/2025 - 07/31/2025
8/1/2025 3:40:19 PM Page 14 of 14
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
64 0
0 0
12 0.00
0.00 0.00
0.00 0.00
76 0.00
850,716.61
0.00 0.00
0.00 129,616.51
980,333.12
112
0 0
0 14
126
Fund Name Period Amount
Fund Summary
999 Pooled Cash Fund 7/2025 980,333.12
980,333.12
Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CONTRACTUAL SERVICES
AGREEMENT WITH DISASTERS I/O FOR ASSISTANCE WITH
FEMA RECOVERY AND REIMBURSEMENT PROCESS
RECOMMENDATION:
It is recommended the City Council approve and authorize the City Manager to execute a contract services agreement with Disasters I/O (Disasters, Inc.) to assist the City with the FEMA recovery and reimbursement process for the Golf Course Restoration Project.
BACKGROUND:
Storms that occurred during the period of December 27, 2022, through January 31, 2023 caused the San Lorenzo Creek to severely flood the golf course. The flood damaged 6 holes on the course by washing away various features and depositing sediment, pollutants and invasive plants that have or will kill the turf.
Since that time, staff have been working on a project to restore the Golf Course.
Work to be done shall include demolition, removal, offsite disposal, grading, compaction, repair, and/or construction of fairways, greens, tee boxes, irrigation, golf cart paths, concrete sidewalks, and ramps at the King City Golf Course. Two bridges were also damaged which are proposed to be replaced.
The golf course restoration project is fully designed and the environmental process has been completed and approved. Bids have been received for the course restoration, but the low bid was in excess of $2 million over the original estimate. Therefore, the City has requested the estimate be updated prior to the allocation of funds. Work on the bridges has been identified as a separate project and is still in the design phase.
CITY COUNCIL
CONSIDERATION OF CONTRACTUAL SERVICES AGREEMENT WITH
DISASTERS I/O FOR ASSISTANCE WITH FEMA RECOVERY AND
REIMBURSEMENT PROCESS
AUGUST 12, 2025
PAGE 2 OF 3
A number of delays and risks exist which have made proceeding with the project difficult. FEMA has not yet responded to the request for a change in the allocation amount. The local share of the project is well over $500,000 which created a significant financial impact on the City’s budget. Operating subsidies further increased that budget impact. The total cost of the project and potential delays in FEMA reimbursements have created concerns regarding the project’s impact on cash flow constraints. Finally, proposals by the Federal Administration to cut and restructure FEMA have created unknowns regarding the future of the agency and its funding.
Therefore, staff are recommending the City contract with professional services to assist the City with the FEMA disaster recovery and reimbursement process. A contract is being presented to City Council for consideration. It is hoped the involvement of consultants with professional expertise will help the City proceed with the project while minimizing the risk of not receiving the maximum amount of FEMA cost recovery.
DISCUSSION:
Professional FEMA process consultant services can assist the project in several ways. Consultants have expertise in the FEMA and Cal OES process and relationships with their representatives. Therefore, they can help expedite the steps that are remaining to proceed. They have insight into the risks and potential problems, so they can advise the City on how best to proceed to minimize those risks. Most importantly, they can assist in managing all aspects of the project to ensure each step complies with all FEMA and Cal OES regulations and restrictions.
Staff issued a Request for Proposals (RFP) and received 3 responses. The 3 proposals were evaluated, and the firms were interviewed by a staff selection committee. Disasters I/O was unanimously recommended for award of the contract. They have extensive experience, and the staff assigned formerly worked with FEMA. Staff have a confidence level that the approach they presented in their proposal will help the City to move forward successfully with this major project in a cost-effective manner.
At the August 26th meeting, staff will present recommendations for proceeding with the project and the status of addressing funding conditions approved by the City Council at the Budget Workshop. Approving the contract at this time will enable staff to obtain as much information as possible to assist City Council with the decision at that meeting. The contract can be cancelled with 10 days notice if the project does not proceed.
EXHIBIT 1
EXHIBIT 2
Item No. 9(D)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 12, 2025
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 JULY 2025
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 (E)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF PARTICIPATION IN ADDITIONAL
NATIONAL OPIOID SETTLEMENT
RECOMMENDATION:
It is recommended the City Council approve and authorize the City Manager to execute forms necessary to participate in the opioid settlement with Purdue (and certain of its affiliates) and the Sackler family.
BACKGROUND:
At the December 14, 2021 meeting, the City Council approved participating in national opioid settlements, which included McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (“Distributors”) and Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (“Manufacturer”). The settlements totaling $26 billion were designed to bring needed relief to people who have struggled with opioid addiction. Cities were provided the option of participating and receiving a portion of the funds distributed through the State of California, participating and allocating the funds to the County, or not participating. At the February 28, 2023 meeting, the City Council then approved participating in additional settlements with Teva, Allergan, CVS, Walgreens and Walmart. On July 9, 2024, the City Council also approved approved participating in the settlement with Kroger Co.
Staff was recently notified of an additional settlement with Purdue. It is being implemented in connection with Purdue’s bankruptcy proceedings, and consists of, among other things, a settlement of Purdue’s claims against the Sacklers and certain other parties. The deadline to opt in for this settlement is September 30, 2025. The participation package is attached with more information.
CITY COUNCIL
CONSIDERATION OF PARTICIPATION IN ADDITIONAL NATIONWIDE
OPIOID SETTLEMENT
AUGUST 12, 2025
PAGE 2 OF 3
DISCUSSION:
Staff has set up a portal with the settlement administrators and the City received a number of small annual payments that will continue over an 18-year period.
The Purdue settlement will be issued over a 15-year period.
Funds must be used for activities to: 1) address the misuse and abuse of opioid products; 2) treat or mitigate opioid use or related disorders; or 3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic.
The City is utilizing the funding to help cover a small portion of costs associated with the contract with Sun Street Centers for the diversion program and other local drug prevention efforts.
Given the small amount of the City’s allocations, staff have been uncertain whether it has been worth the administrative time associated with processing the payments and complying with the settlement requirements. However, since the City is already participating, staff recommend joining the new settlements. This will result in a minor increase in revenues and will not create a meaningful amount of additional work since the process should be consistent with the other settlements. The City has participated in enough settlements now that it adds up to a helpful amount of revenue.
COST ANALYSIS:
The total settlement is $7.4 billion. Of that amount, California is projected to receive approximately $440 million. If all the eligible agencies participate, the projected amount of revenue generated for the City is estimated to be in the range of $1,000 per year over 15 years based on the percentage for King City identified in the settlement document.
ENVIRONMENTAL REVIEW:
This action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Approve staff’s recommendations;
2. Do not approve participating in the additional settlement; or
EXHIBIT 1
Item No. 9(F)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR/AIRPORT
MANAGER
RE: CONSIDERATION OF AWARD OF BID FOR MESA DEL REY AIRPORT (KIC) FOR PAPI & REILS RUNWAY 11 AIRFIELD ELECTRICAL
IMPROVEMENTS INCLUDING ADOPTING A FINDING OF
CATEGORICAL EXEMPTION, PURSUANT TO SECTION 15301 OF
CEQA GUIDELINES
RECOMMENDATION:
It is recommended City Council: 1) award the bid for the Mesa Del Rey Airport Electrical Improvements in the amount of $419,640.00 to KOBO Utility Construction Corporation; 2) authorize City Manager or designee to execute all necessary documents; and 3) find the project Categorically Exempt from CEQA per Section 15301.
BACKGROUND:
The proposed Airport Improvement Program (AIP) project for Fiscal Year 2025 is for the installation Precision Approach Path Indicators (PAPI) and Runway End Identifier Lights (REIL) at Runway 11, circuits and conduit and new cross airfield duct bank to the existing wind cone and prop 11 REIL. This proposed scope of work was originally designed and included in AIP 2017 Electrical Improvement (Design) as Additive Alternative No. 2 (“Project”). It was repackaged and readvertised and 8 bids were received on April 15, 2025. After reviewing the bids received, it is deemed the lowest responsive bidder for the Project is KOBO Utility Construction Corporation with the amount of $419,640.00.
On February 11, 2025, Kimley-Horn was awarded a contract services agreement to provide Construction Phase Services, Design and Advertisement, and Project Management to assist the City with on-site observation services during the construction activities of this Project. A Notice to Proceed for this Project is contingent upon receiving Federal and State grant agreements and a Notice of Authorization to Award Contract
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR MESA DEL REY AIRPORT (KIC) PAPI & REILS RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS INCLUDING
ADOPTING FINDING OF A CATERGORICAL EXEMPTION, PURSUNT TO SECTION 15301 OF THE CEQA GUIDELINES
AUGUST 12, 2025
PAGE 2 OF 4
from FAA. FAA is reviewing a revised application that was submitted on June 12, 2025, and staff are waiting for a response regarding the grant agreement.
DISCUSSION:
The installation of the PAPI and REIL electrical system will provide airport users with an additional level of safety during day/nighttime and low visibility periods. The construction of conduits and circuits will increase the reliability of these systems.
Figure 1
The proposed project includes installing a new Precision Approach Path Indicator (PAPI) and a Runway End Identifier (REIL) at Runway 11 and a new cross-airfield duct bank to the existing wind cone and the proposed REIL electrical system. The total project area is 285,000 square feet. Of the total proposed project area; 6,000 square feet are at the Runway 11 end, 129,000 square feet are adjacent to the north of Runway 11-29, and 150,000 square feet are south of Runway 11-29. It is anticipated that the project will require one to two months to complete. Construction staging will be proposed at the south end of the apron with contractor access via a vehicle gate on Airport Drive. The haul route will be limited to the existing airfield pavement.
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR MESA DEL REY AIRPORT (KIC) PAPI & REILS RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS INCLUDING
ADOPTING FINDING OF A CATERGORICAL EXEMPTION, PURSUNT TO SECTION 15301 OF THE CEQA GUIDELINES
AUGUST 12, 2025
PAGE 3 OF 4
COST ANALYSIS:
The grant funding sources are AIP and AIG applications. Below is a list of the total costs of estimated expenses.
No. Description Cost
1 Design Consultant Fee Estimate $61,950
2 Construction Phase Services $77,065
3 Reimbursable Agreement – FAA Flight Check $20,000
4 Construction – Base Bid $419,640
5 City Administration Expense (7%) $40,684
6 Independent Fee Estimate $2,540
Total Project Cost $621,879
The revised Application submitted to FAA was as follows:
• Airport Improvement Grant-BIL = $439,720 (Federal Funds) and $23,144 (Local Match)
• Airport Improvement Program = $151,062 (Federal Funds) and $399 (Local Match and $7,554 (State Funds)
There are sufficient funds in the FY 2025-26 budget to address the local matching funds as set forth in the revised application. Therefore, no additional appropriation is needed.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines, section 15301 as this project is for the electrical improvements on an existing facility and addition of safety devices for the existing airport runway that will provide an added level of safety to airport users during day/nighttime and low visibility periods. The electrical improvements will not result in the expansion of the airport runway. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.
The City submitted a Documented Categorical Exclusion (CATEX) form to the FAA for consideration of this project pursuant to FAA Order 1050.1F as it relates to the National Environmental Protection Act (“NEPA”). On August 3, 2017, the City received
CITY COUNCIL
CONSIDERATION OF AWARD OF BID FOR MESA DEL REY AIRPORT (KIC) PAPI & REILS RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS INCLUDING
ADOPTING FINDING OF A CA TERGORICAL EXEMPTION, PURSUNT TO SECTION 15301 OF THE CEQA GUIDELINES
AUGUST 12, 2025
PAGEJ.j OF'"f
notification from FAA that the proposed project has complied with NEPA and that no further federal environmental disclosure documentation for this project was necessary for NEPA purposes. On January 10, 2025, FAA cleared that no additional NEAP review was needed as the scope of work remains the same from the 2017 review.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
1. Approve staff recommendations.
2. Reject bid recommendation and solicit new bids;
3. Do not approve proceeding with the project; or
4. Provide staff other direction.
Exhibits:
1. Bid Review and Recommendation of Award
2. Bid Proposal KOBO Utility Construction Corporation
3. Public Works Services Agreement with KOBO Construction Corporation Submitted by:
Octavio ��Hurtado, Public Works Director/Airport Manager Approved by:
Steven Adams, City Manager
EXHIBIT 1
EXHIBIT 2
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF KING AND
KOBO UTILITY CONSTRUCTION CORPORATION
_____________________
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of August, 2025 (“Effective Date”) by and between the City of King, a California municipal corporation (“City”) and Kobo Utility Construction Corp., (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of King Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this EXHIBIT 3
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “Special Provisions” in the bid documents for the project entitled PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS, AIP No. 3-06-0113-21 including any documents or exhibits referenced therein. The “Special Provisions” shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such “Special Provisions” and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay the subcontractor’s workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officials, officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to five percent (5%) of the Contract Sum or $20,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) 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.
1.11 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.
1.12 Trenching and Excavation.
In accordance with Public Contract Code Section 7104, whenever the digging of trenches or other excavations extend deeper than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those indicated; or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract.
The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Nineteen Thousand Six Hundred and Forty Dollars ($419,640.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention;, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor 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, Contractor is certifying compliance with all provisions of the Agreement. The invoice 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. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid, subject to the Schedule of Compensation (Exhibit “C”), within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor 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 that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Notwithstanding, if the work is being funded by grant or other funding administered by a third party outside the control of the City, such as the County of Kern, Contractor acknowledges and agrees this may increase processing time for payment, and no payment of interest shall accrue if the City has used reasonable efforts to cause the Contractor to be paid within thirty (30) days.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor 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 Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) 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 Contractor, 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 Contractor 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 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 one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
________________________
(Name)
__President______________
________ (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor 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. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Contractor 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:
(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 $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Workers Compensation Insurance. A policy of workers 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 Contractor 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 Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. 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 Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor 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. Contractor 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. For Commercial General Liability (CGL) coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
5.2 General Insurance Requirements.
All of the above policies of insurance 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 Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officials, officers, employees and agents and their respective insurers. Moreover, 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 hereto without providing at least ten (10) days prior written notice to City, or at least ten (10) days prior written notice to City in the case of cancellation for nonpayment. In the event any of said policies of insurance are cancelled, the Contractor 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 Contractor 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 endorsements 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.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
“CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, AT LEAST TEN (10) DAYS
ADVANCED WRITTEN NOTICE OF CANCELLATION SHALL BE
DELIVERED TO CITY AT (EXCEPT CANCELLATION DUE TO
NONPAYMENT SHALL REQUIRE TEN (10) DAYS ADVANCED WRITTEN NOTICE).”
Contractor’s Authorized Initials _______
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers.
Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
In the event of a conflict, the terms of Section 5.1 and 5.2 shall have precedence and prevail over any form of Certificate of Insurance, or any Insurance Endorsement, included in the Contract Documents.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees, volunteers 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 Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the Indemnified Parties for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Indemnified Parties harmless therefrom; (c) In the event any Indemnified Party is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Indemnified Party any and all costs and expenses incurred by the Indemnified Party in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided in the bid packet, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided in the bid packet, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement, pays all labor and materials for work and services under this Agreement, and meets the requirements of Section 5.8.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds 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’s 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 Manager or Finance Director of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor unless otherwise required by Section 22300.
Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor unless otherwise required by Section 22300. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, 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. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. 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. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor 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.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors 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 there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 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 Bakersfield, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in the County of Fresno, State of California.
7.2 Disputes and Claims.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Public Contract Code Sec. 9204 Claims Procedure (AB 626). AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for the filing of claims by a contractor, or by a contractor on behalf of a subcontractor, on any public works project effective January 1, 2017. The parties shall comply with the provisions of Public Resources Code Section 9204, which are fully set forth in Exhibit “E.”
(c) Dispute Resolution. To the extent not superseded by Public Contract Code Section 9204, this Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
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.
7.5 Rights and Remedies are Cumulative.
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.
7.6 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, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 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 Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor 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, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. 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.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 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 may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor shall take affirmative action to insure 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.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Additionally, Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act (“IRCA”). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. Further, should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement in violation of the law, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
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 Arvin, 200 Campus Drive, Arvin, California 93203 and in the case of the Contractor, to the person 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. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 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.
9.3 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.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. 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. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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.
9.6 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. Contractor 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.
Contractor 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. Contractor 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.
Contractor’s Authorized Initials _______
9.7 Authority to Act on Behalf of Entity.
The person(s) executing this Agreement on behalf of any entity that is a Party 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 FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF KING CITY, a municipal
corporation
____________________________________
Steven Adams, City Manager
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
Roy Santos, City Attorney
CONTRACTOR: _KOBO Utility
Construction Corporation
*By: _Kevin O'Neil
Name:
Title:
*By: ________________________________
Name:
Title:
Address:
*CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE EVIDENCE OF AUTHORITY TO EXECUTE DOCUMENTS FOR ANY ENTITY CONTRACTOR MUST BE PROVIDED.
President
4 Victory Drive, Sandwich MA 02563
01159.0006/376071.1 A- 1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “Special Provisions” and “Technical Specifications” included in the bid documents for the project entitled PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS AIP No. 3-06-0113-21, including any documents or exhibits referenced therein.
II. Project Description: The work to be performed under this Contract consists of furnishing all labor, materials, tools and equipment and constructing complete and in place improvements for the PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS AIP No. 3-06-0113-21 as shown on the Contract drawings as specified herein.
III. Contractor’s work shall also conform to all of the standards and specifications in the following documents, incorporated herein by this reference:
A. CONTRACT DOCUMENTS AND SPECIFICATIONS PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS AIP No. 3-06-0113-21 for CITY OF KING CITY, King City Project No. PW 2025-886
IV. The location(s) of the work, its general nature and extent, and the form and general dimensions of the Project and appurtenant work are shown on the Construction Drawings and are hereby made a part of this Agreement as listed herein:
List of Construction Drawings
A. Construction Drawing titled “MESA DEL REY AIRPORT (KIC), KING CITY, CALIFORNIA, PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL
IMPROVEMENTS, FAA AIP NO. 3-06-0113-21, City Project No. PW 2025-886.
V. Contractors shall have on file a minimum of one (1) set of Construction Drawings upon which Contractor shall record all variations between the work as built and as originally shown on the Construction Drawings or as otherwise required under this Agreement (“Record Drawings”). Record Drawings must be kept at the work site and be accessible at all times during the construction periods and shall be delivered to the City Engineer within thirty (30) days after completion of the work.
VI. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City appraised of the status of performance by delivering the following status reports, starting sixty (60) days after the Effective date if the work has not already been completed:
01159.0006/376071.1 A- 2
A. The Contractor shall submit a narrative report as a part of his monthly progress review and update, in a form agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance of other activities and completion dates; and an explanation of corrective action taken or proposed.
B. Contractor shall update the schedule on a monthly basis, showing progress on each activity or task. After each monthly update, the Contractor shall submit to the City one (1) print of the last accepted Construction Schedule, marked up in red in accordance with the monthly review; and one (4) bond copies incorporating the updated schedule information.
VII. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
01159.0006/376071.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NONE/NOT APPLICABLE
01159.0006/376071.1 C- 1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, incorporated herein by this reference.
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the work performed upon submission of a valid invoice pursuant to Section 2.4.
V. OWNER and CONTRACTOR specifically agree that OWNER shall not have any obligations to make progress payments to the CONTRACTOR unless and until OWNER receives the requisite funding for the completed work from the Federal Aviation Administration.
01159.0006/376071.1 D- 1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
Work shall only be performed between the hours of 7:00 a.m. and 7:00 p.m., on weekdays. Work shall not be performed on Saturdays, Sundays or legal holidays.
Exceptions to the above hours of work will be permitted only after obtaining written authorization from the City Engineer.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Working Days
to Perform
Deadline Date
A. Base Bid 150
01159.0006/376071.1 D- 2
EXHIBIT “E”
PUBLIC CONTRACT CODE SEC. 9204
NEW PUBLIC WORKS CLAIMS
PROCEDURE
AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities. The text of this new legislation is set forth below:
Public Contract Code § 9204.
Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a 01159.0006/376071.1 D- 3
charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the 01159.0006/376071.1 D- 4
claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits 01159.0006/376071.1 D- 5
of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
City of King Performance Bond
PAPI & REIL Runway 11 Airfield Electrical Improvements, FAA AIP No. 3-06-0113-21 PRBD - 1 Performance Bond
WHEREAS, the CITY OF KING, (“City”), has awarded to KOBO Utility Construction Corp., as Contractor (“Principal”), a Contract for the work entitled and described as follows:
PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS
AIP No. 3-06-0113-21
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Four Hundred Nineteen Thousand, Six Hundred Forty dollars ($419,640.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed in four original
counterparts on 2025.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) City of King Performance Bond
PAPI & REIL Runway 11 Airfield Electrical Improvements, FAA AIP No. 3-06-0113-21 PRBD - 2 Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
City of King
PAPI & REIL Runway 11 Airfield Electrical Improvements, FAA AIP No. 3-06-0113-21 Payment Bond PYBD - 1
Payment Bond
(Labor and Material Bond)
WHEREAS, the CITY OF KING, (“City”), has awarded to KOBO Utility Construction Corp., as Contractor (“Principal”), a Contract for the work entitled and described as follows:
PAPI & REIL RUNWAY 11 AIRFIELD ELECTRICAL IMPROVEMENTS
AIP No. 3-06-0113-21
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Four Hundred Nineteen Thousand, Six Hundred Forty dollars ($419,640.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice City of King
PAPI & REIL Runway 11 Airfield Electrical Improvements, FAA AIP No. 3-06-0113-21 Payment Bond PYBD - 2
of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed in four original
counterparts on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
City of King
PAPI & REIL Runway 11 Airfield Electrical Improvements, FAA AIP No. 3-06-0113-21 Contractor’s Certificate Regarding Worker’s Compensation Description of Contract:
CITY OF KING
PAPI & REIL RUNWAY 11 AIRFIELD ELECRICAL IMPROVEMENTS AIP No. 3-06-0113-21
Labor Code Section 3700 Provides (in part):
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Dated: , 20_25__
(Contractor) By_KOBO Utility Construction
Corp___
____________________President__________
________ (Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the City prior to performing any work under this contract.
August 6
Item No. 10 (A)
REPORT TO THE CITY COUNCIL
DATE: AUGUST 12, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF CLOSEOUT OF COMMUNITY
DEVELOPMENT BLOCK GRANT AGREEMENT 21-CDBG-30009
WITH THE STATE OF CALIFORNIA
RECOMMENDATION:
It is recommended the City Council: 1) review the past use of funds and program performance for the City of King Community Development Block Grant (CDBG) contracts 21-CDBG-30009; 2) open the public hearing, receive public input regarding the outcome and accomplishments of the funding received under the contract, and close the public hearing; 3) adopt a resolution accepting all final products and 4) direct staff to submit the required closeout documents per the program requirements.
BACKGROUND:
Per the requirements of the CDBG contract, the City is required to hold a public hearing to review the past use of funds and program/project performance for the City of King CDBG contracts. This agreement with the State of California Department of Housing and Community Development also requires the City to solicit citizen input regarding the outcome and accomplishments of the funding received under these contracts.
DISCUSSION:
The City of King was awarded funds from the Department of Housing and Community Development under the 2021 NOFA to undertake critical planning and predevelopment work for a new wastewater treatment facility. The wastewater treatment plant is outdated, nearing capacity and non-compliant with current Regional Water Quality Control Board (RWQCB) regulatory standards. The
CITY COUNCIL
CONSIDERATION OF CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT 21-CDBG-30009 WITH THE STATE OF CALIFORNIA AUGUST 12, 2025
PAGE 2 OF 3
planning grant helped fund engineering design and general administration. The purpose of the project is to upgrade the facility to meet secondary treatment standards with the potential for future tertiary treatment for recycled water use.
Once completed, the new plant is expected to serve King City’s growing population, address environmental and regulatory challenges, and support long-term community development objectives such as affordable housing and economics growth.
COST ANALYSIS:
There was no direct cost impact to the City for the work completed under this grant agreement. All costs were covered by the grant funding as follows:
The grant funding under this contract was $83,212.00 described as follows:
Activity Grant Award Expended
Planning Grant $245,605.00 $245,605.00
General Admin $4,395.00 $4,395.00
Total $250,000.00 $250,000.00
ENVIRONMENTAL REVIEW:
The close out of the grant is not considered a “project” for the purposes of the California Environmental Quality Act (CEQA). Therefore, it will not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment. No further action is required under CEQA for City Council action.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
1. Approve staff’s recommendations;
2. Continue the public hearing to receive additional public input;
3. Do not approve the close out at this time; or
4. Provide staff other direction.
Exhibits:
1. Closeout Package
RESOLUTION NO. 2025-5055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING ACCEPTING THE
COMPLETION OF THE PLANNING GRANT FUNDED UNDER THE STATE OF CALIFORNIA
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE CLOSEOUT OF THE GRANT UNDER STATE CONTRACT NO. 21-CDBG-PL-30009 WHEREAS, the City of King received funding from the California State Department of Housing and Community Development (HCD) under the Community Development Block Grant (CDBG) Program, Contract No. 21-CDBG-PL-30009, to carry out eligible planning activities for community development and housing needs in accordance with Title I of the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the City utilized these funds to develop and complete planning activities in alignment with the approved grant application, scope of work, and applicable CDBG program regulations; and
WHEREAS, the planning project included public engagement, data collection, technical analysis, and strategy development to guide future infrastructure, housing, or economic development efforts within the community; and
WHEREAS, all work under the grant has been completed in accordance with the approved project schedule, budget, and federal/state compliance requirements, and all final deliverables have been submitted and reviewed; and
WHEREAS, the activities funded through this planning grant directly support the City’s long-term development goals and provide tools to enhance the quality of life for residents, particularly those of low and moderate income; and
WHEREAS, the City has reviewed and verified all expenditures and deliverables and has confirmed that all CDBG program requirements have been met, including the National Objective of benefiting low- and moderate-income residents;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of King as follows:
1. Acceptance of Program Completion
The City Council hereby accepts the Planning Grant funded under CDBG Contract No. 21-CDBG-PL-30009 as complete and in full compliance with all applicable state and federal requirements.
2. Authorization to Closeout
The City Council authorizes the City Manager, or their designee, to proceed with the closeout of this grant in accordance with the California Department of Housing and Community Development (HCD) CDBG Program guidelines.
3. Submission of Final Documentation
The City Manager is directed to ensure that all required closeout documents, including financial and programmatic reports, are submitted to HCD in a timely manner to finalize the grant.
4. Retention of Records
The City shall retain all records related to this grant for a minimum of five (5) years following the date of closeout, or as otherwise required by federal or state regulation.
5. Effective Date
This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of King on this 12th day of August, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mike LeBarre, Mayor
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
Roy Santos, City Attorney