Agenda Item

Transcription

Agenda Item

Kings County
Board of Supervisors
Kings County Government Center
1400 W. Lacey Boulevard •!• Hanford, California 93230
FAX (559) 585-8047
W (559) 852-2362
In compliance with the Americans with Disabilities Act, ifyou require a modification or accommodation to
participate in this meeting, including agenda or other materials in an alternative format, please contact
the Board of Supervisors Office at (559) 852-2362 (California Relay 711) by 3:00 p.m. on the Friday prior
to this meeting. The Clerk of the Board will provide assistive listening devices upon request.
Agenda
April 5, 2016
Place:
Board of Supervisors Chambers
Kings Government Center, Hanford, CA
Chairman:
Vice Chairman:
Board Members:
Doug Verboon
Craig Pedersen
Joe Neves
Richard Valle
Richard Fagundes
(District 3)
(District 4)
(District 1)
(District 2)
(District 5)
Staff:
Larry Spikes, County Administrative Officer
Colleen Carlson, County Counsel
Catherine Venturella, Clerk of the Board
Please turn off cell phones and pagers, as a courtesy to those in attendance.
I
9:00 AM
CALL TO ORDER
ROLL CALL - Clerk of the Board
INVOCATION - Bobby Guerra - Hanford Pentecostal Church
PLEDGE OF ALLEGIANCE
II
9:00 AM
UNSCHEDULED APPEARANCES
Any person may directly address the Board at this time on any item on the agenda, or on any other
items of interest to the public, that is within the subject matter jurisdiction of the Board. Five (5)
minutes are allowed for each item.
ADJOURN AS THE BOARD OF SUPERVISORS
III
9:05 AM
CONVENE AS THE BOARD OF EQUALIZATION
Consider accepting stipulations on Application for Changed Assessment Nos. 14-077 through 14-079
filed by York Pistachio Ranch LLC.
ADJOURN AS THE BOARD OF EQUALIZATION
RECONVENE AS THE BOARD OF SUPERVISORS
IV
9:10AM
CONSENT CALENDAR
All items listed under the consent calendar are considered to be routine and will be enacted by one
motion. For any discussion of an item on the consent calendar, it will be removed at the request of any
Board Member and made a part of the regular agenda.
A. Approval of the Minutes: March 29, 2016
B.
County Counsel:
Consider renewing the Resolution declaring a local emergency due to drought conditions in
Kings County.
Board Agenda
April 5, 2016
Page 2 of3
V
9: 15 AM
REGULAR AGENDA ITEMS
A. County Counsel - Colleen Carlson/Erik Kaeding
Community Development Agency- Greg Gatzkaillarren Verdegaal/Chuck Kinney
Public Health - Keith Winkler/Jeff Taber
Consider approving the proposed Local Agency Management Plan (LAMP) and directing staff to
submit to the Regional Water Quality Control Board and file a notice of exemption pursuant to the
California Environmental Quality Act.
9:20 AM
B. Library - Natalie Rencher/Tanya Russell
Consider authorizing the transfer of $4,550 from Library Materials (82228450) to Radio Frequency
ID (RFID) System fixed asset (82440518) for the purchase of equipment necessary for the
completion of the RFID system and authorize the Clerk of the Board to sign the budget
appropriation and transfer form. (4/5 vote required)
9:25 AM
C. Human Services Agency - Sanja Bugay
Public Works Department- Kevin McAlister
Consider authorizing the Chairman to sign the professional services Agreement with Teter
Architects and Engineers Connected for the proposed new HSA building and authorizing the Human
Services Agency to temporarily occupy approximately 5,200 square feet of County space formerly
occupied by the Municipal Court clerks and Grand Jury.
9:30 AM
D. Administration - Larry Spikes/Rebecca Campbell
1. Consider the appointment of one member to the Kings County Planning Commission.
2. Consider authorizing the Chairman to sign an amendment to the Agreement with Krazan and
Associates, Inc. for required materials testing for the Jail Phase II project.
VI
9:35 AM
E. STUDY SESSION
Health Department - Keith Winklerillebbie Grice
Report on National Public Health Week focusing on the Nursing Division within the Department of
Public Health.
VII
9:40 AM
F. Board Member Announcements or Reports
On their own initiative Board Members may make a brief announcement or a brief report on their
own activities. They may ask questions for clarification, make a referral to staff or take action to
have staffplace a matter of business on a future agenda (Gov. Code Section 54954.2a).
+ Board Correspondence
+ Upcoming Events
+ Information on Future Agenda Items
VIII 9:45 AM
G. CLOSED SESSION
Conference with Real Property Negotiator [Govt. Code Section 54956.8]
Property: 1061/1064 Fitzgerald Lane, Hanford, CA 93230, APN 010-320-115-000
Negotiating Parties: Larry Spikes and/or Rebecca Campbell for County
Under Negotiation: Terms and conditions of potential purchase.
Board Agenda
April 5, 2016
Page 3 of3
IX
X
H. ADJOURNMENT
The next regularly scheduled meeting is scheduled for Tuesday, April 12, 2016, at 9:00 a.m.
11:00 AM
I.
CALIFORNIA PUBLIC FINANCE AUTHORITY- REGULAR MEETING--CANCELLED
FUTURE MEETINGS AND EVENTS
April 12
April 19
April 19
April 26
April 26
April 26
May 3
May 3
f--
9:00 AM
9:00 AM
11:00 AM
9:00 AM
1:30 PM
2:00 PM
11 :30 AM -1 :00 PM
Regular Meeting
Regular Meeting
California Public Finance Authority Regular Meeting
Regular Meeting
Housing Authority Regular Meeting
In-Home Supportive Services Public Authority Regular Meeting
Regular Meeting Cancelled due to Annual Employee Recognition Barbecue
Annual Employee Recognition Barbecue
Agenda backup information and any public records provided to the Board after the posting of the agenda will be available for
the public to review at the Board of Supervisors office, 1400 W. Lacey Blvd, Hanford, for the meeting date listed on this agenda.
Kings County
Board of Supervisors
Kings County Government Center
1400 W. Lacey Boulevard •!• Hanford, California 93230
W (559) 852-2362
FAX (559) 585-8047
In compliance with the Americans with Disabilities Act, ifyou require a modification or accommodation to
participate in this meeting, including agenda or other materials in an alternative format, please contact
the Board a/Supervisors Office at (559) 852-2362 (California Relay 711) by 3:00 p.m. on the Friday prior
to this meeting. The Clerk of the Board will provide assistive listening devices upon request.
Action Summary
March 29, 2016
Place:
Board of Supervisors Chambers
Kings Government Center, Hanford, CA
Chairman:
Vice Chairman:
Board Members:
Doug Verboon
Craig Pedersen
Joe Neves
Richard Valle
Richard Fagundes
(District 3)
(District 4)
(District 1)
(District 2)
(District 5)
Staff:
Rebecca Campbell, Interim Assistant CAO
Please turn off cell phones and pagers, as a courtesy to those in attendance.
I
Bl
CALL TO ORDER
ROLL CALL - Clerk of the Board
INVOCATION - Kevin Medcalf - New Hope Orthodox Presbyterian Church
PLEDGE OF ALLEGIANCE
ALL MEMBERS PRESENT
II
B2
UNSCHEDULED APPEARANCES
Any person may directly address the Board at this time on any item on the agenda, or on any other
items of interest to the public, that is within the subject matter jurisdiction of the Board. Five (5)
minutes are allowed for each item.
Sanja Bugay, Human Services Director introduced Wendy Osikafo as the Assistant Director of
the Human Services Agency.
III
B3
CONSENT CALENDAR
All items listed under the consent calendar are considered to be routine and will be enacted by one
motion. For any discussion of an item on the consent calendar, it will be removed at the request of any
Board Member and made a part of the regular agenda.
A.
Approval of the Minutes: March 22, 2016
B.
Information Technology Department:
Consider declaring ten vehicles surplus and available for sale and authorizing the Purchasing
Manager to consign them to Public Surplus for sale on their website.
C.
Public Works Department:
1. Consider approving the notice of completion for the jail transfer tunnel and holding cell
addition.
2. Consider adopting a Resolution to submit applications for the New Alternative Fuel Vehicle
Purchase Grant and authorizing the Public Works Director to sign all grant related
documents. [Reso 16-019]
ACTION: APPROVED CONSENT CALENDAR AS PRESENTED (JN/CP/RV/RF!DV-Aye)
Action Summary
March 29, 2016
Page 2 of3
IV
B4
B5
v
B6
REGULAR AGENDA ITEMS
A. Public Works Department - Kevin McAlister/Dominic Tyburski/Tim Breshears
1. Consider adopting a Resolution to authorize the installation of a four-way stop at the
intersection of 17th Avenue and Houston Avenue. [Reso 16-020]
ACTION: APPROVED AS PRESENTED (JN/CP/RV/RF/DV-Aye)
2. Consider approving Change Order No. 2 for the Burris Park pre-cast restroom facility and
authorizing the Chairman to sign the notice of completion.
ACTION: APPROVED AS PRESENTED (RF/JN/RV/CP/DV-Aye)
B. Administration - Larry Spikes/Rebecca Campbell
Consider accepting Southern California Edison's formal application for franchise, authorizing the
Interim Assistant County Administrative Officer to send a letter to Caltrans informing them of the
County's intent to grant utility franchise, approving the filing of a notice of exemption under the
California Environmental Quality Act related to the proposed franchise ordinance and adopting a
Resolution of intent to grant franchise. [Reso 16-021]
ACTION: APPROVED AS PRESENTED (CP/JN/RV/RF/DV-Aye)
C. Board Member Announcements or Reports
On their own initiative Board Members may make a brief announcement or a brief report on their
own activities. They may ask questions for clarification, make a referral to staff or take action to
have staffplace a matter of business on a future agenda (Gov. Code Section 54954.2a).
Supervisor Pedersen stated that he attended the San Joaquin Valley Air Pollution Control
District budget meetings on March 24, 2016 and spent the Easter weekend with his family.
Supervisor Valle stated that he spent spring break with his son.
Supervisor Fagundes stated that he cooked for the Mary Immaculate Queen school fundraiser
on March 22, 2016 where over 1,200 people were served, he helped cook pancakes at Tachi
Palace and attended the Kings County Association of Governments and Kings Area Public
Transit Agency meetings on March 23, 2016.
Supervisor Neves stated that he cooked pancakes at Tachi Palace, attended the Local Agency
Formation Commission meeting, attended the Kings County Association of Governments
meeting and attended the Kings Area Public Transit Agency meeting on March 23, 2016. He
stated that he attended the Tachi Palace Community breakfast on March 25, 2016, attended
the Kings Lions Easter hunt on March 26, 2016, played bingo at Kings Nursing facility on
March 27, 2016 and attended the Behavioral Health Advisory Committee meeting on March
28, 2016.
Supervisor Verboon stated that he attended the Hardwick Water meeting at the Hardwick
Fire Department on March 23, 2016, attended the San Joaquin Valley Rail Authority meeting
on March 25, 2016 and spent time with family at the central coast for Easter.
Action Summary
March 29, 2016
Page 3 of3
Board Member Announcements or Reports continued
+ Board Correspondence: Interim Assistant CAO, Rebecca Campbell stated that the Board
received a copy of the letter to the State Water Resources Control Board for Sutter
Extension Water District for Water Transfer. The Board received a letter from Kings
River Conservation District that trustees were appointed to the District in lieu of election.
+ Upcoming Events: Interim Assistant CAO, Rebecca Campbell stated that the Kings
County Library will hold an open house for the Veteran's Resource Center at the
Hanford branch location on April 6, 2016 from 4:00 p.m. to 5:30 p.m. She stated that the
Avenal Community awards banquet will be held on April 16, 2016. The Board members
and Administration staff will participate in a safety training on April 19, 2016 from 1:00
p.m. to 3:00 p.m. and the In-Home Supportive Services breakfast fundraiser will be held
on April 8, 2016 from 8:00 a.m. to 10:00 a.m.
+ Information on Future Agenda Items: Interim Assistant CAO, Rebecca Campbell stated
that the following items would be on a future agenda: Human Services Agency building
addition, Phase 3 of the jail project bid and contracts, AB 900 Phase 2 jail project
completion purchases and contracts, a Grand Jury report on Code Compliance response,
Master fee update, Probation community recidivism and crime reduction grant and
Behavioral Health resources evaluation.
VI
B7
D. CLOSED SESSION
Personnel Matter: Public Employee Appointment:
Human Resources Director: [Govt. Code Section 54957]
BS
VII
REPORT OUT: Interim Assistant CAO, Rebecca Campbell stated that the Board voted
unanimously to hire Leslie McCormick Wilson as the Human Resources Director effective
March 28, 2016 with at salary of $123,601 and stated that the Board took no other reportable
action in closed session.
E.
ADJOURNMENT
The next regularly scheduled meeting is scheduled for Tuesday, April 5, 2016, at 9:00 a.m.
FUTURE MEETINGS AND EVENTS
April
April
April
April
April
April
April
April
5
5
12
19
19
26
26
26
9:00 AM
11 :00 AM
9:00 AM
9:00 AM
11 :00 AM
9:00 AM
1:30 PM
2:00 PM
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Housing Authority Regular Meeting
In-Home Supportive Services Public Authority Regular Meeting
Agenda backup information and any public records provided to the Board after the posting of the agenda will be available for
the public to review at the Board of Supervisors office, 1400 W. Lacey Blvd, Hanford, for the meeting date listed on this agenda.
COUNTY OF KINGS
BOARD OF EQUALIZATION
GOVERNMENT CENTER HANFORD, CALIFORNIA 93230 (559) 852-2362
Catherine Venturella, Clerk of the Board of Supervisors
AGENDA ITEM
April 5, 2016
SUBMITTED BY:
BOARD OF EQUALIZATION
SUBJECT:
Application for York Pistachio Ranch LLC.
5610 N. Palm Ave., Suite 110
Fresno, CA 93 704
RECOMMENDED
ACTION:
Accept Stipulations on Application for Changed Assessment Nos. 14-077, 14-078
and 14-079
DISCUSSION:
The Assessor sets forth the following facts upon which the requested change is premised: After review of
additional market data, the sales price paid by the applicant for the subject property was deemed to be
above fair market value. The stipulation is for the base year assessment; therefore, no annual review
following Section 51 guidelines of the Revenue and Taxation Code will be necessary.
Application No.
Appl 14-077
Appl 14-078
Appl 14-079
Parcel No.
Assessed Value
Corrected Value
050-270-016
050-270-018
050-340-002
$1,032,258
$1,032,258
$1,935,484
$720,000
$720,000
$1,350,000
····································································································································································································
BOARD ACTION
I hereby certify that the above order was passed
and adopted on _ _ _ _ _ , 2016.
CA THERINE VENTURELLA, Clerk to the Board of Equalization
cc: Assessor
County Counsel
Applicant
Auditor
By _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
COUNTY OF KINGS
BOARD OF SUPERVISORS
AGENDAITEM
April 5, 2016
SUBMITTED BY:
County Counsel - Colleen Carlson
SUBJECT:
RENEWAL OF RESOLUTION DECLARING A LOCAL EMERGENCY DUE
TO DROUGHT CONDITIONS IN KINGS COUNTY
SUMMARY:
Overview:
Since March 6, 2012, the Kings County Board of Supervisors ("Board") has declared a local
emergency due to lack of needed water in the County because of hydrologic and regulatory
conditions, and the risk of fire. The new water year began on October 1, 2015, and Kings County is
now in its fifth consecutive year of drought.
Recommendation:
Renew the resolution declaring a local emergency due to drought conditions in Kings County.
Fiscal Impact:
The Declaration of Local Emergency may provide some financial and administrative relief to help
local farmers, businesses, and government agencies in addressing the problems associated with fire
risk and the lack of adequate supplies of irrigation water.
BACKGROUND:
The California Emergency Services Act, Government Code section 8550, et seq., authorizes the Board to
proclaim local emergencies based on the "existence of conditions of disaster or of extreme peril to safety of
persons and property" caused by fire or drought. (Gov. Code,§ 8558, subd. (c).) Thereafter, the County may
work with the California Emergency Management Agency to seek aid, and may also appropriate and transfer
funds to address emergency situations upon a four-fifths vote. (Gov. Code,§ 29127.) On March 6, 2012, the
Board declared a local emergency due to drought conditions, which was last renewed on March 8, 2016.
(Cont'd)
BOARD ACTION:
APPROVED AS RECOMMENDED:
~---
OTHER: - - - -
I hereby certify that the above order was passed and adopted
on _ _ _ _ _ _ _ _ _ , 2016.
CA THERINE VENTURELLA, Clerk of the Board
By _ _ _ _ _ _ _ _ _ _ _ _ _ , Deputy.
AGENDA ITEM
RENEWAL OF RESOLUTION DECLARING A LOCAL EMERGENCY DUE TO DROUGHT
CONDITIONS IN KINGS COUNTY
April 5, 2016
Page 2of2
The new water year began on October 1, 2015. Despite predictions that the 2015-2016 water year would be
wetter than average, as of March 24, 2016, Kings County had received only 7.48 inches of rain this water
year, which is nearly an inch below average. Also, as of March 25, 2016, the statewide snowpack was only
88 percent of average, with the southern Sierra snowpack at only 73 percent of average. Earlier this water
year, state officials estimated that an April 1, 2016 snowpack of less than 150 percent of average would be
insufficient to compensate for four previous years of drought.
The impacts of the drought are severe. In 2015, forest fire coverage statewide was 280 percent of average.
The Department of Water Resources has designated most of the groundwater subbasins in Kings County to
be critically overdrafted. Emergency regulations remain in effect statewide at least through October 2016,
and according to the U.S. Drought Monitor, Kings County and most of Central California remain in a state of
extreme to exceptional drought. On March 17, 2016, the Department of Water Resources announced a
revised 2016 State Water Project allocation of only 45 percent, because some reservoirs throughout the state
remain at historically low levels. As of March 25, 2016, the U.S. Bureau of Reclamation still had not issued
an initial 2016 Central Valley Project allocation.
Some relief is available. For example, on December 23, 2015, the U.S. Department of Agriculture granted a
Secretarial disaster designation covering Kings County due to agricultural losses caused by drought
beginning January 2, 2015, and continuing. Farmers and ranchers who conduct family-sized farming
operations have until August 23, 2016, to apply for emergency farm loans up to $500,000. The U.S. Small
Business Administration has similarly issued a disaster designation covering Kings County, and non-farm
businesses affected by the drought also have nine months to apply for emergency loans.
PL 2014-7-98 [50508]
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF KINGS, STATE OF CALIFORNIA
*********
IN THE MATTER OF RENEWING
THE DECLARATION OF A LOCAL
EMERGENCY DUE TO
DROUGHT CONDITIONS
I
RESOLUTION NO. _ _ _ __
WHEREAS, on March 6, 2012, the Kings County Board of Supervisors ("Board")
adopted Resolution No. 12-009 declaring a local emergency due to drought conditions within
Kings County based on the minimal amount of precipitation received from November 2011 to
February 2012; and
WHEREAS, April 3, 2012 and through March 8, 2016, the Board renewed the
declaration of a local emergency due to drought conditions within Kings County and Central
California, and on April 5, 2016, the Board considered whether to renew the proclamation; and
WHEREAS, local precipitation this water year is below average, reservoirs in the state
are below historic levels, and California ground water basins are severely overdrafted; and
WHEREAS, according to the U.S. Drought Monitor, Kings County remains in a state of
extreme drought; and
WHEREAS, threat of forest fire remains a problem statewide; and
WHEREAS, environmental regulations and related court rulings have resulted in reduced
pumping and drastic curtailments in the amount of water deliveries out of the Sacramento River
and San Joaquin River Delta, which has negatively impacted the operations of the California
Aqueduct and the Friant-Kern Canal and reduced surface water availability to farmers and other
water users in the Central Valley; and
WHEREAS, local water resources are insufficient to compensate for another sharp
curtailment of surface water deliveries, and local resources are not adequate to cope with the
impact drought-related losses will have upon the County's economy.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1.
Pursuant to Government Code section 8630, this Board hereby renews the
declaration of a local emergency in Kings County.
2.
During the existence of this local emergency, the powers, functions and duties of
the Emergency Services Officer and staff shall be as prescribed by state law and by County
ordinance and resolutions of this Board.
Page 1 of 2
3.
The Emergency Services Officer is hereby authorized and directed to consult and
cooperate with federal and state officials about mitigating the conditions caused by the drought.
4.
The Board of Supervisors hereby requests disaster assistance from the state and
federal government due to drought conditions.
The foregoing resolution was adopted upon motion by Supervisor _ _ _ _ __
seconded by Supervisor
, at a regular meeting held on the 5th day of April,
2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Supervisors
Supervisors
Supervisors
Supervisors
Doug Verboon, Chairperson
Board of Supervisors, County of Kings
WITNESS my hand and seal of said Board of Supervisors this 5th day of April, 2016.
Clerk of said Board of Supervisors
PL 2014-7-98 [25360]
Page 2 of2
COUNTY OF KINGS
Catherine Venturella, Clerk of the Board of Supe1visors
AGENDA ITEM
April 5, 2016
SUBMITTED BY:
County Counsel - Colleen Carlson/Erik Kaeding
Community Development Agency - Greg Gatzka/Darren Verdegaal/Chuck Kinney
Public Health (Environmental Health Services)- Keith Winkler/Jeff Taber
SUBJECT:
LOCAL AGENCY MANAGEMENT PLAN FOR ONSITE WASTEWATER
TREATMENT SYSTEMS
SUMMARY:
Overview:
In 2012, the State Water Resources Control Board ("State Water Board") adopted a policy for onsite
wastewater treatment systems ("OWTS," a.k.a. septic systems), which acts as a conditional waiver of
waste discharge requirements under the Porter-Cologne Water Quality Control Act ("Porter-Cologne
Act"). Under Tier II of the State Water Board's OWTS policy, a city or county may adopt a local agency
management plan ("LAMP") that describes local conditions and allows for implementation of a local
OWTS program in lieu of the standards prescribed by the OWTS policy. A city or county opting to
develop a LAMP must submit its LAMP for approval to the appropriate regional water quality control
board ("regional water board") by May 13, 2016. For the past year, the Kings County Community
Development Agency, Kings County Environmental Health Services, and County Counsel have been
developing a LAMP for your Board's approval and subsequent submission to the Central Valley
Regional Water Quality Control Board ("RWQCB"). Approval of the LAMP is exempt from the
California Environmental Quality Act ("CEQA").
Recommendation:
Approve the proposed LAMP, direct staff to submit the LAMP to the RWQCB and file a notice of
exemption pursuant to CEQA.
Fiscal Impact:
No General Fund expense. It is anticipated that any new administrative burdens of complying with the
Policy
can
be
borne
in-kind
through
existing
staffing
and
other
resources.
(Cont'd)
BOARD ACTION :
APPROVED AS RECOMMENDED: _ _ _ OTHER: _ __
on _ _ _ _ _ _ _ _ _ , 2016,
CA THERINE VENTURELLA, Clerk to the Board
By _ _ _ _ _ _ _ _ _ _ _ _ _ , Deputy,
Agenda Item
LOCAL AGENCY MANAGEMENT PLAN FOR ONSITE WASTEWATER TREATMENT
SYSTEMS
April 5, 2016
Page 2of2
BACKGROUND:
The Porter-Cologne Act regulates discharges of effluent and other pollutants into the waters of the state. Under
the Act, pollution from identifiable "point sources" is regulated and subject to "waste discharge requirements"
imposed by regional water boards. More generalized sources of pollution, or "nonpoint sources," may also be
subject to waste discharge requirements, but are more commonly regulated through conditional waivers
pursuant to Water Code section 13269, under which either the State Water Board or a regional water board
exempts some broad category of activity from waste discharge requirements if individuals engaged in that
activity follow practices required under the waiver.
On June 19, 2012, the State Water Board adopted an OWTS policy ("Policy"), which provides a conditional
waiver under section 13269 for the operation of OWTS with a projected flow of less than 10,000 gallons per
day. The Policy includes five "tiers" under which OWTS may operate. Tier 0 includes standards for existing
OWTS. Tier I applies to new and replacement OWTS. Under Tier II, a city or county may, by adopting a
LAMP, develop its own OWTS program to use in lieu of Tier I. Tier III applies for OWTS in the vicinity of
identified impaired waters. Currently, Tier III does not apply in Kings County. Finally, Tier IV governs OWTS
that are in need of "corrective action." Each regional water board was required to adopt the Policy by May 13,
2014. Thereafter, an agency wishing to develop a LAMP has until May 13, 2016, to submit one for approval to
the regional water board, which has an additional year to approve the LAMP. Following an adjustment period,
all cities and counties that permit OWTS are required to begin implementing the Policy by May 13, 2018.
Tier I requires engineering of OWTS on a case-by-case basis. Currently, Kings County requires such
engineering in the central part of the county where perched water is common. Otherwise, OWTS are permitted,
provided they comply with the California Building Standards Code and meet certain setbacks, leach line and
leaching area size requirements, and other guidelines. The goal of the proposed LAMP is to continue the
County's current OWTS program except where the Policy imposes more stringent standards on the County. It
should be noted that Kings County does not have high concentrations of OWTS because most of the County's
population is concentrated in communities with access to sewers, and the County's General Plan policies focus
new urban development to existing communities with sewer access. Additionally, most of Kings County is
located on a flat, alluvial plain, which is well suited for OWTS.
It is recommended that your Board approve the proposed LAMP and direct staff to submit it for final approval
by the R WQCB and file a CEQA notice of exemption. Approval of the LAMP is exempt from CEQA pursuant
to Public Resources Code section 21080, subdivision (b)(15) and title 14, section 15251(g) of the California
Code of Regulations, because the LAMP implements a regulation under a certified regulatory program.
Because the LAMP is intended to protect the environment and preserves existing baselines except where state
law requires more stringent standards, the LAMP is also exempt under title 14, sections 15061(b)(3) and 15308.
2015-10-391 [64409]
County of Kings Local Agency OWTS Management Program
This Local Agency Onsite Water Treatment System ("OWTS") Management Program ("LAMP") is
proposed by the County of Kings to serve as a Tier 2 management program under the State
Water Resources Control Board's OWTS Policy ("State Water Board Policy"). The LAMP is
designed to incorporate Kings County's ("County") existing OWTS standards, except where the
State Water Board Policy requires more stringent standards. These standards are adequately
protective of the environment because the County's existing standards are generally more
stringent than those outlined in Tier 1 of the State Water Board Policy, and as described below
in the "Environmental Setting" section, the County lacks unique environmental conditions that
warrant more rigorous standards.
ENVIRONMENTAL SETTING
GROUNDWATER DEPTHS: Kings County spans over parts of five different water subbasins.
According to 2010 groundwater level monitoring data from the Department of Water
Resources, groundwater depths in Kings County for the Kings River Basin unconfined aquifer
range from 100 to 200 feet. Water levels are deeper in the Westside Basin, ranging from
approximately 200 to 320 feet, which is roughly consistent with levels in the Pleasant Valley
Basin to the south and west. Levels in the Kaweah Basin in the east-central part of the County
range from 50 to 200 feet, which is consistent with levels in the Tulare Lake Subbasin that
covers most of Kings County. Accordingly, groundwater levels are sufficiently deep throughout
the County to comply with depth requirements shown on Table 2 of Tier 1 of the State Water
Board Policy. An exception applies in the vicinity of the Kings River and old Tulare Lakebed,
where perched water is common. Consequently, in those areas the County's existing standards
call for OWTS to be engineered on a case by case basis, and this LAMP will continue to require
such engineering.
SOILS: The soils throughout Kings County have been mapped by the U.S. Soil Conservation
1
Service, and the following types of soils exist in the County:
1. Northeast Alluvial Fans. The alluvial fan surfaces in the northeastern portion of the
County are mantled with very deep, well-drained, saline-alkali soils that include sandy
loams and fine sandy loams. The permeability of these soils is moderately slow to very
slow, and runoff is usually very slow and the erosion potential is slight.
2. Low Alluvial Fans and Basin Rim. Soils in the transition zone between the Northeast
Alluvial Fans and Tulare Lake Basin and Basin Rim typically include loam, clay loam,
sandy clay loam surface soils and clay, or silt loam subsurfaces. The permeability is
moderate to very slow and runoff is slow or very slow.
See Appendix 1, which is also contained at Figure 4.6-2 of the Programmatic EIR for the 2035 Kings County
General Plan.
Page
I1
3. Tulare Lake Basin and Basin Rim. This region of the County is characterized as having
areas of perched, shallow groundwater, and soils here are typically somewhat poorly
drained to poorly drained. Engineering is required for OWTS within this area.
4. Southwestern Valleys. These soils typically include loam and sandy loam. They are
deeply developed on alluvium and are well drained to moderately well drained. The
permeability is moderately slow to moderately rapid. Runoff and erosion hazard are
moderate.
5. Southwest Uplands (Including Kettleman and Kreyenhagen Hills and the Diablo Range}.
These soils have severe limitations for agriculture and building development. The soils
are developed within colluvium on sedimentary bedrock and are shallow and welldrained to excessively well drained. Erosion hazard his high, and the area is used
primarily for rangeland and wildlife habitat.
TOPOGRAPHY: Located within the San Joaquin Valley, most of Kings County is virtually flat. An
exception exists in the southwest corner of the County, which includes the Kettleman Hills and
portions of the Diablo Range and Kreyenhagen Hills. This area is sparsely populated and used
primarily as grazing land. Consequently, OWTS exist here at low densities, and due to soil
conditions, special rules requiring larger leaching areas and leaching fields apply. Additionally,
pursuant to the State Water Board Policy, OWTS are prohibited in any terrain with a 30 percent
slope or greater without a slope stability report approved by a registered professional. High
slope areas within the Coast Rangers are also included in the Natural Resource Conservation
Overlay Zone described in section 1007 of the Kings County Development Code. New
structures within the zone require conditional use permits, and environmental review under
the California Environmental Quality Act will therefore be required for most new construction
projects in the overlay zone. This will allow for an additional layer of review with respect to any
impacts resulting from new OWTS.
DEMOGRAPHICS: The average population density for the County, including for urbanized areas,
is 110 persons per square mile, which is less than half of the statewide average of 246 persons
per square mile. In 2010, the population of Kings County was 152,982. Out ofthose
individuals, 100,278 lived in the County's four cities, all of which have access to sanitary sewers.
An additional 18,538 individuals were housed in prisons, and 7,799 were housed on federal
territories outside of the County's jurisdiction. Of the remaining 26,267 persons, 8,633 lived in
the County's four unincorporated communities, all of which have access to sanitary sewers
through community services or public utilities districts or, in the case of Home Garden, from the
neighboring city of Hanford. Many of the remaining 17,734 unserved individuals live in urban
fringe areas or County islands, which are likely to be annexed and provided access to municipal
sewers. The remaining residents typically live in sparsely populated areas where OWTS exist at
low densities. The California Department of Finance estimates that by 2050, the County's
population will increase to 240,599. However, most of these new residents will reside in
incorporated or newly incorporated areas. Land Use Policy E1.1 of the 2035 Kings County
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I2
General Plan requires that all new urban growth within the unincorporated areas of the County
must be contiguous to existing cities and annexed.
SPECIAL WATER BODIES: There are no impaired water bodies located in Kings County shown in
Attachment 2 to the State Water Board Policy and subject to Tier 3 of that policy.
The Kings River and Cross Creek run through Kings County. Much of the length of these streams
is empty for a large part of the year, particularly during current drought conditions. Land along
both water bodies is included within the Natural Resource Conservation Overlay Zone described
in section 1007 of the Kings County Development Code. New structures within the zone require
conditional use permits, and environmental review under the California Environmental Quality
Act will therefore be required for most new construction projects in the overlay zone. This will
allow for an additional layer of review with respect to any impacts resulting from new OWTS.
ADDITIONAL CONSIDERATIONS: Because the vast majority of all County residents live in settled
areas with municipal services, there are no geographic areas in the County that are known to
have a concentration of existing OWTS predating any adopted standard of design and
construction, including cesspools. Similarly, there are no geographic areas known to have
concentrations of existing OWTS located within setbacks. There also are no known areas of
fractured bedrock in Kings County. Most of the County is located along the San Joaquin Valley
floor, which is an alluvial plain that has been described as a "trough ... filled with marine
2
sediments overlain by continental sediments, in some places thousands of feet deep."
Because OWTS exist in Kings County at low densities, it is believed that there is sufficient room
for OWTS expansion in most if not all unincorporated areas of the County in the case of failure.
Currently there is no concern in Kings County for susceptibility to hydraulic mounding or
organic or nitrogen loading based on the most current sanitary survey. The soils in the south
San Joaquin Valley and foothills are loamy sands and clays derived from shale, sandstone
sediments, and some igneous rock, and leachfield suitability ranges from excellent to moderate.
The only known areas of potential nitrogen loading in Kings County are its dairies, which are
required by the State Water Board to comply with best management practices to mitigate such
loading. New dairies are also subject to best management practices contained in the Dairy
Element of the County's General Plan.
APPLICABILITY OF THIS LAMP
All new and replacement OWTS in the unincorporated areas of the County must comply with
this policy or else receive a permit directly from the Central Valley Regional Water Quality
Control Board ("RWQCB"). Existing OWTS within the County not operated under a permit from
See Devin Galloway and Francis S. Riley, "San Joaquin Valley, California: Largest human alteration of the
Earth's surface," U.S. Geological Survey, 1999. Note also that the "Soil Survey of Kings County California,"
prepared by the United States Department of Agriculture - Soil Conservation Service, documents the soil types
located within Kings County, and makes no reference to bedrock within the County.
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I3
the RWQCB shall operate under Tier 0 of the State Water Board Policy. Tier 4 of the State
Water Board Policy shall apply to OWTS requiring corrective.
STATEMENT OF OWNER RESPONSIBILITIES AND DUTIES
1. All new, replacement, or existing OWTS within an area that is subject to a Basin Plan
prohibition of discharges from OWTS must comply with the prohibition. If the
prohibition authorizes discharges under specified conditions, the discharge must comply
with those conditions and the applicable provisions of the State Water Board Policy.
2. Owners of OWTS shall adhere to the requirements prescribed in any other applicable
County policy, ordinance, or permitting condition.
3. To receive coverage under this LAMP, OWTS shall accept and treat only flows from
domestic wastewater. In addition, OWTS that accept high-strength wastewater from
commercial food service buildings are covered if the wastewater does not exceed 900
mg/L Biochemical Oxygen Demand ("BOD") and there is a properly sized and functioning
oil/grease interceptor (a.k.a., grease trap).
4. Owners of OWTS shall maintain their OWTS in good working condition including
inspections and pumping of solids as necessary to maintain proper function and assure
adequate treatment.
STATEMENT OF COUNTY RESPONSIBILITIES AND DUTIES
1. The County shall report annually to the RWQCB. The annual report shall include the
following information, organized in a tabular spreadsheet format, and summarize
whether further action is warranted to protect water quality or public health:
a. The number and location of complaints pertaining to OWTS operation and
maintenance, and identification of those complaints that were investigated and
how they were resolved;
b. Identification of the applications and registrations issued as part of the local
septic tank cleaning registration program pursuant to Health and Safety Code
section 117400;
c.
The number, location, and description of permits issued for new and
replacement OWTS;
d. Identification of the tier of the State Water Board Policy pursuant to which each
of the above permits was issued; and
e. Information concerning the status of Nos. 3 and 4 below.
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2. The County shall retain permanent records of all permitting actions and make those
records available within ten working days of any written demand for review by the
RWQCB. The records for each permit shall reference the tier of the State Water Board
Policy under which the permit was issued.
3. The County shall maintain records of the number, location, and description of permits
issued for OWTS where a variance is granted.
4. The County's Environmental Health Department routinely monitors small public water
systems operating under the authority of domestic water supply permits issued by the
state Department of Public Health. These systems are located throughout the County,
particularly in areas with large numbers and/or high densities of OWTS. The following
data are obtained through such monitoring, which are recorded in the County's
Geotracker database, and can be made available to the state: well location and depth;
screening depth; screening intervals; pumping volume; soil types; depth to bedrock;
sample date; and analysis of bacteria, total dissolved solids, sodium, chloride, and
nitrogen series, including organic nitrogen, ammonia, and nitrite. In time, these data
may be coordinated and supplemented with data obtained through salt and nutrient
management programs, including the Salt and Nutrient Management Plan, local
implementation of the Sustainable Groundwater Management Act, and the State Water
Board's Groundwater Assessment Program. If these data, or information obtained
because of complaints, OWTS failures, or inspections of wells or OWTS, reveal a concern
with OWTS in a particular area of the County, the Environmental Health Department will
notify the county building official promptly in writing. The building official will take
appropriate action, which may include taking voluntary samples from shallower,
domestic wells in that area, or mandatory, random samples if legally possible.
5.
Every fifth year, the County shall submit an evaluation of the water quality assessment
program described in No. 4 above, as well as an assessment of whether water quality is
being impacted by OWTS. The evaluation should also identify any changes in this LAMP
that will be undertaken to address impacts from OWTS.
6.
Until such time as the RWQCB shall require otherwise, all groundwater data submitted
by the County to the RWQCB shall be submitted in EDF format for inclusion in
Geotracker, and surface water monitoring shall be submitted in CEDEN in a SWAMP
comparable format.
7. The County shall notify the owner of a public well or water intake and the California
Department of Public Health as soon as practicable, but within not more than 72 hours,
upon discovery of a failing OWTS within setbacks prescribed in this LAMP between
OWTS and public well or water intake.
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I5
STANDARDS FOR NEW OR REPLACEMENT OWTS
1. Building permits shall be required for all OWTS subject to this LAMP.
2. The document attached hereto as Appendix 2 describes basic design criteria for OWTS in
Kings County. Those criteria are based upon the County's pre-existing OWTS policy, as
amended to reflect requirements in the State Water Board Policy regarding setbacks
between OWTS and public wells or water intakes.
3. Except where other standards prescribed by this LAMP are more protective of the
environment, all new or replacement OWTS shall comply fully with regulations for
private sewage disposal systems prescribed in the most recent adoption of the
California Plumbing Code.
4. In areas identified in Figure B of Appendix 2 as requiring engineering, engineered plans
are required. The design of these plans shall comport with this LAMP, including the
standards included in Appendix 2 insofar as those standards are applicable, and the
standards described in Tier 1 of the State Water Board Policy. Engineered plans shall
also comport, to the extent consistent with this LAMP and the State Water Board Policy,
with the United States Environmental Protection Agency's "Manual for Septic Tank
Practice," and the most recently adopted edition of the California Plumbing Code.
5. OWTS shall be designed in such a manner to accommodate all setbacks, described
herein and in Appendix 2, as well as leaching areas required by Appendix 2. In addition
to prescribed leaching areas, a "fail safe" area equal in size to the leaching area shall be
required.
6. Areas that are within the minimum distances which are necessary to protect water
quality shall not be used for waste disposal. The following areas also are considered
unsuitable for the location of disposal systems or expansion areas:
a.
Areas within any easement which is dedicated for surface or subsurface
improvement;
b. Paved areas;
c.
Areas not owned or controlled by property owners unless any such area is
dedicated for waste disposal purposes; and
d. Areas occupied or to be occupied by structures.
7. Soil depth below the bottom of the dispersal system to groundwater or bedrock shall in
no case be less than five feet, nor less than ten feet below a seepage pit.
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I6
8. The standards attached as Appendix 2 to this LAMP are intended primarily for use with
single family residences. Very few larger institutions in Kings County are on OWTS, and
the County's General Plan policies to protect agricultural land uses direct future
development to urban areas, so that new large-scale OWTS will be rare. Land uses
requiring OWTS with capacity greater than 1,200 gallon shall be designed in a manner
substantially consistent with the standards stated in this LAMP to the extent practicable,
and plans for such systems shall require approval by the County health officer. In
evaluating proposed septic systems, the health officer shall use the rubric attached to
this policy as Appendix 3. Approval shall be based upon the professional judgment of
the health officer, with appropriate consideration given to available scientific data,
anecdotal information obtained from files, and the results of any surveys and
interviews.
PROHIBITIONS STATED IN THE STATE WATER BOARD POLICY
The following are not allowed under this LAMP:
1. Cesspools of any kind or size.
2. OWTS receiving a projected flow of over 10,000 gallons per day.
3. OWTS that utilize any form of effluent disposal that discharges on or above the post
installation ground surface such as sprinklers, exposed drip lines, free-surface wetlands,
or a pond.
4. Slopes greater than 30 percent without a slope stability report approved by a registered
professional.
5. Decreased leaching areas for IAPMO certified dispersal systems using a multiplier less
than 0.70.
6. OWTS utilizing supplemental treatment. Supplemental treatment may be allowed
subject to a variance with appropriate provision for periodic monitoring and inspection.
Any such variance shall be consistent with all requirements of the State Water Board
Policy and all applicable state and federal laws.
7. OWTS dedicated to receiving significant amounts of wastes dumped from RV holding
tanks.
8. Installation of new or replacement OWTS where public sewer is available. The public
sewer may be considered as not available where such public sewer or any building or
exterior drainage facility connected thereto is located more than 200 feet from any
proposed building or exterior drainage facility on any lot or premises that abuts and is
served by such public sewer. Unless required by the California Plumbing Code or other
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I7
law, this provision does not apply to replacement OWTS where the connection fees and
construction cost are greater than twice the total cost of the replacement OWTS if the
health officer makes findings that the discharge from the OWTS will not affect
groundwater or surface water to a degree that makes it unfit for drinking or other uses.
9. Except as provided in Nos. 10 and 11 below, new or replacement OWTS with minimum
horizontal setbacks less than any of the following:
a.
150 feet from any public water well where the depth of the effluent dispersal
system does not exceed 10 feet.
b. 200 feet from a public water well where the depth of the effluent dispersal
system exceeds 10 feet.
c.
Where the effluent dispersal system is within 600 feet of a public water well and
exceeds 20 feet in depth, the horizontal setback shall be sufficient to achieve a
two-year time oftravel for microbiological contaminants. This setback shall be
determined by a qualified professional, and in no case shall the setback be less
than 200 feet.
d. Where the effluent dispersal system is within 1,200 feet from a public water
system's surface water intake point, within the catchment of the drainage, and
located such that it may impact water quality at the intake point such as
upstream of the intake point for flowing water bodies, the dispersal system shall
be no less than 400 feet from the high water mark of the reservoir, lake or
flowing water body.
e. Where the effluent dispersal system is locate more than 1,200 feet but less than
2,500 feet from a public water system's surface water intake point, within the
catchment area of the drainage, and located such that it may impact water
quality at the intake point such as upstream of the intake point for flowing water
bodies, the dispersal system shall be no less than 200 feet from the high water
mark of the reservoir, lake or flowing water body.
10. For replacement OWTS that do not meet the above horizontal separation requirements,
the replacement OWTS shall meet the horizontal separation to the greatest extent
practicable. In such cases, the replacement OWTS shall use supplemental treatment for
pathogens that provides sufficient pretreatment of the wastewater so that effluent
from the supplemental treatment components does not exceed a 30-day average TSS of
30 mg/L, and that further achieves an effluent fecal coliform bacteria concentration less
than or equal to 200 Most Probable Number (MPN} per 100 milliliters. Effluent from
supplemental treatment components designed to reduce nitrogen shall be certified by
NSF, or other approved third party tester, to meet a 50 percent reduction in total
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I8
nitrogen when comparing the 30-day average influent to the 30-day average effluent.
Supplemental treatment shall not be necessary if the public health officer makes finding
that: (1) there is no indication that the previous system is, due to its location, affecting
the public water source, (2) there is limited potential that the replacement system could
impact the water source based on topography, soil depth, soil texture, and groundwater
separation.
11. For new OWTS installed on parcels of record existing as of May 13, 2013, that cannot
meet the above horizontal separation requirements, the OWTS shall meet the
horizontal separation to the greatest extent practicable and shall utilize supplemental
treatment for pathogens that provides sufficient pretreatment of the wastewater so
that effluent from the supplemental treatment components does not exceed a 30-day
average TSS of 30 mg/L, and that further achieves an effluent fecal coliform bacteria
concentration less than or equal to 200 Most Probable Number (MPN) per 100
milliliters. Effluent from supplemental treatment components designed to reduce
nitrogen shall be certified by NSF, or other approved third party tester, to meet a 50
percent reduction in total nitrogen when comparing the 30-day average influent to the
30-day average effluent.
ADDITIONAL COMPONENTS
1. A variance from any guideline set forth in this LAMP shall be granted by the County
building official only with the written concurrence of the public health officer. Any
variance thus approved shall ensure substantial compliance with all guidelines set forth
herein to the greatest extent practicable, and in no event shall any variance authorize
the use or installation of a cesspool or of an OWTS where a public sewer is available.
2. Within one year of the effective date of this LAMP, the Kings County Community
Development Agency and Public Health Department shall work cooperatively to develop
a plan for public education and outreach which shall, at a minimum, call for making
available on the County's internet site informational materials to inform OWTS owners
about how to locate, operate, and maintain their OWTS as well as any Water Board
order (e.g., Basin Plan prohibitions) regarding OWTS restrictions within the County. The
education and/or outreach program shall also include procedures to ensure that
alternative onsite system owners are provided an informational maintenance or
replacement document by the system designer or installer. This document shall cite
homeowner procedures to ensure maintenance, repair, or replacement of all critical
items within 48 hours following failure.
3. The State Water Board's OWTS Policy requires an assessment of existing and proposed
disposal locations for septage, the volume of septage anticipated, and whether
adequate capacity is available. Septage from OWTS in Kings County is brought to the
City of Hanford's Wastewater Treatment Plant, which has a current capacity of 8 million
gallons per day (mgd). Average daily flow to the plant from all sources is 5 mgd. The
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I9
city's master plan also identifies expansion ofthe plant in the future to accommodate
anticipated growth. Because future population growth in the County is being directed
to urban areas that will be connected to local sewer systems, the volume of septage
from OWTS is not anticipated to grow in the future. Therefore, adequate capacity exists
to receive additional septage from the unincorporated area of the County.
4. Whenever a permit is sought for an OWTS to be installed on a parcel located within any
County island, or any exterior boundary of which is 200 feet or less from a city, public
utility district, or community services district, the County building official will contact the
adjacent city or district to determine whether the parcel is within 200 feet of any public
sewer or any building or exterior drainage facility connected thereto.
5. Before issuing an installation or repair permit for an OWTS in the vicinity of Avenal or
Kettleman City, the County building official shall consult Geotracker or a similar GIS
mapping system to determine whether the proposed location for the OWTS is within
1,200 feet of an intake point for a surface water treatment plan for drinking water, is in
the drainage area catchment in which the intake point is located, and is located such
that it may impact water quality at the intake point such as upstream of the intake point
for a flowing water body. lfthe OWTS will be so situated, before issuing any permit, the
owner of the affected public water system shall be contacted in writing, and will be
given a reasonable opportunity to comment on the issuance of a permit.
6.
Before issuing an installation or repair permit for an OWTS in the vicinity of any public
well within the County, the County building official shall consult Geotracker or a similar
GIS mapping system to determine whether the proposed location for the OWTS is within
the sanitary setback for the well. If the OWTS will be so situated, before issuing any
permit, the owner of the affected public water system shall be contacted in writing, and
will be given a reasonable opportunity to comment on the issuance of a permit.
CEQA EXEMPTION
This LAMP and activities carried out pursuant to, except for site-specific significant impacts
relating to activities for which a discretionary permit is required, are exempt from compliance
with the California Environmental Quality Act. (See Pub. Res. Code,§ 21080, subd. (b)(15); Cal.
Admin. Code, tit. 14, § 15251, subd. (g).)
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APPENDIX 1: FIGURE 4.6-2 OF THE PROGRAM EIR FOR THE
2035 KINGS COUNTY GENERAL PLAN
Page
I 11
2035 Kings County General Plan EIR
Section 4.6 Geology and Soils
Legend
t ••• i
vza
E--:-:-J
Soll on Alluvial Fans and Flood Plains in the
middle of the San Joaquin '311ey
Sallne-Alkali Soils on lower Alluvial Fans
and Basin Rims in the San Joaquin Valley
Saline -Alkali Soils with Perched
Water Table in Basins and on
low Alluvial Fans, Plains and
Basin Rims
Soils on Alluvial Fans on the western ll,l!!M<;:>OR:Jitside of the San Joaquin \alley
Solis mainly on the Kettleman
and Kreyenhagen Hills
fo<>0 OJ
f: .
Solis on the Diablo Range
. f: .
~-
Base map source: USDA, 1986 and County of Kings, 2002.
N
A
- ---
0
7
Scale in Miles
(Approximate)
Page
I 12
APPENDIX 2: KINGS COUNTY OWTS DESIGN CRITERIA
Page
I 13
KINGS COUNTY BUILDING DEPARTMENT
Location of Sewage Disposal System
Minimum Horiwntal Distance
Jn Clear From:
Building or Structure'
Property Line Adjoining Private Property
Building
Sewer
Septic
Tank
Disposal
Field
2'
5'
8'
8'
Clear
5'
5'
8'
25'
50'
75'
Property Line When Wells Are Used 10, 11
Water Supply WeJls
50 12
50' 11
100'
150'
Streams 5
50'
50'
100'
100'
Drainage Course or Ephemeral Streams 6
25'
50'
50'
Seepage Pits
5'
5'
12'
Disposal Field
5'
4•3
5'
5'
5'
5'
5'
5'
Domestic Water Line
1•4
Distribution Box
Public Water We1112
150'
150'
150'
Cut or Fill Bank
10'
4h
4h
Lakes or Reservoirs 8
50'
200'
200'
Swimming Pools9
10'
2h
4h
Note: When disposal fields and/or seepage pits are installed in sloping ground the minimum horizontal distance
between any part of the leaching system and the ground surface shall be fifteen ( 15) feet.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Including porches and steps whether covered or uncovered, breezeways, roofed porte-cocheres, roofed patios, carports, covered walks,
covered driveways and similar structures or appurtenances.
All non-metallic drainage piping shall clear domestic water supply wells by a minimum of fifty (50) feet. This may be reduced to not less
than twenty-five (25) feet when approved metallic piping is installed. Where special hazards are involved, the distance shall be increased
as may be directed by the Health Officer or the Administrative Authority.
Plus two (2) feet for each additional foot of depth in excess of one (1) foot below the bottom of the drain line. (See CPC, Appendix H)
See CPC Section 720.0
As measured from the line which defines the limit of a ten year frequency.
As measured from the edge of the channel.
Distance in feet equals four (4) times the vertical height of the cut of fill bank. Distance is measured from the top of edge of the bank.
As measured from the high water line.
Distance from the lip of the pool. h=depth of pool nearest disdosal field or seepage pit.
When minimum distance between waste disposal and wells cannot be measured.
Unless specific Engineered Design for developement is approved with subdivision/parcel map, then 5'.
150 feet from any public water well where the depth of the effluent dispersal system does not exceed IO feet.
a.
200 feet from a public water well where the depth of the effluent dispersal system exceeds 10 feet.
Page
I 14
b.
c.
d.
Where the effluent dispersal system is within 600 feet of a public water well and exceeds 20 feet in depth, the horizontal setback
shall be sufficient to achieve a two-year time of travel for microbiological contaminants. This setback shall be determined by a
qualified professional, and in no case shall the setback be less than 200 feet.
Where the effluent dispersal system is within 1,200 feet from a public water system's surface water intake point, within the
catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake
point for flowing water bodies, the dispersal system shall be no less than 400 feet from the high water mark of the reservoir, lake
or flowing water body.
Where the effluent dispersal system is located more than 1,200 feet but less than 2,500 feet from a public water system's surface
water intake point, within the catchment area of the drainage, and located such that it may impact water quality at the intake point
such as upstream of the intake point for flowing water bodies, the dispersal system shall be no less than 200 feet from the high
water mark of the reservoir, lake or flowing water body.
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I 15
LEACH LINE REQUIREMENTS
40 Square Feet Leaching per 100 Gallons Septic
GALLONS
TOTAL
750
SQUARE
FEET
300
1000
1200
400
480
CHAMBERS
EZflow
1 - 3' Wide x 70' Length
1 - 3' Wide x 94'
Length
1-3' Widex94'
Length
LEACH LINES
1- 3' Wide x 100'
Length
GALLONS
TOTAL
LEACH LINES
CHAMBERS
EZflow
750
SQUARE
FEET
450
2 - 3' Wide x 100'
Length
1000
1200
600
720
GALLONS
TOTAL
750
SQUARE
FEET
675
1000
900
CHAMBERS
EZflow
3 - 3' Wide x 100'
Length
4 - 3' Wide x 75" Length
LEACH LINES
Page
I 16
1200
Notes:
1.
2.
3.
4.
5.
1080
No single leach line shall exceed 100 feet in length.
Where more than one line is needed, they should be equal in length and direction.
Leach lines shall be laid level. Where multiple lines are used, a distribution box shall be utilized with the outlets being
1 inch lower than the inlet.
Leach lines are to be a minimum of 3 feet in width with 1 foot of rock below the leach pipe. Only where restricted by
limited area for proper installation shall consideration of extra rock and trench depth be given to gain amount of
leach area required.
Gravelless products must be IAPMO certified.
a. Approved chamber models for use with this sizing chart are: Arc 36, Quick4 Standard, and Quick4 Plus
Standard.
b. Approved EZflow model for use with this sizing chart is 1203H-GEO.
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I 17
SEPTIC TANK DETAILS
MANHOLE ACCESS TO EACH
SECTION OF TANK· M!N, 24" DIA
--~~-~'*---INLET SHALL BE MINIMUM 2"
'A
BAFFLE.WALL
VENT SPACE AT TOP
ABOVE OUTLET AND A MINIMUM
i" ABOVE L!QU!D LINE. TEE SHALL
I
EXTEND A MINIMUM 9" BELOW
LIQUID LEVEL AND A MAXIMUM
6" ABOVE LIQUID LEVEL
.r• lNVERTED ELBOW
'A
AT CENTER OF BAFFLE
WALL BOTTOMOF
ELBOWTOBEMIDWAY
OF LIQUID DEPTH,
SECONDARY
COMPARTMENT "
PRIMARY
COMPARTMENT
113 LIQUID CAl'ACITY
213 LIQUID CAP ACITY
'c,.
MINIMUM SIZE SEPTIC TANK
i
NUMBER OF
i
IBEDROOMS FIXTURE
UNITS
I
MfNIMUM
SIZE
TANK
IGALLONS
INSIDE DIMENSIONS
LENGTH
WIDTH
I
I
I
I
10R2
15
750
8' -0"
3' - 6"
30R4
20
1000
10' - 0"
3' - 6"
I
50R6
25
1200
12' -0"
3' - 6"
I
I
THICKNESS OF CONCRETE
I
SIDES
DEPTH
ENDS IFLOOR TOP
REBAR
I
I
TOP
I
i
I
5' - O"
I
5"
5"
I
o.c.
5u
4"
#4@9"
4"
#4@9"0.C.
4"
#4@9"0.C.
5' - O"
5"
I
5"
5"
5' - 0"
5"
I
5"
5"
I
LEACH LINE DETAILS
,-----UNTRIF.A'TED BUILDING PAPER
OR STRAW
314" TO 2 112" CLEA '
STONE OR ROCK
I
Page
1-
I 18
KINGS COUNTY PLANNING AGENCY
Septic Tank Absorption
Field Minimum Requirements
(FIGURE "B")
LEGEND
Si;ft of Ua<:llr~ hOil ~,,•<!(!~
100 Ga:~:-s c,f Se~-.: la;"\( C.tt-.a.:,1y
...
....
Page
I 20
APPENDIX 3: COUNTY HEALTH OFFICER RUBRIC FOR APPROVAL OF LARGE OWTS
Page
I 21
RUBRIC FOR APPROVAL OF LARGE OWTS
Instructions: For each of the items below, identify whether the proposed OWTS meets public health
standards, will meet public health standards with the incorporation of appropriate mitigation, or will not
meet standards. A proposed system that meets OWTS standards in all areas of evaluation shall be
approved either conditionally or unconditionally, depending upon the necessity of mitigation.
Note: Proposed OWTS designed to receive in excess of 10,000 gallons per day require approval of the
Central Valley Regional Water Quality Control Board, and are beyond the County's jurisdiction.
1.
2.
3.
4.
Is the size of the proposed OWTS sufficient to meet the demands of the facility that will be served by
it?
D
D
Yes. (Attach justification.)
Yes, with the incorporation of the following mitigation: _ _ _ _ _ _ _ _ _ _ _ __
D
No.
Will the proposed OWTS comply with the setback requirements set forth in Appendix 2 of the
County's OWTS Policy?
D
D
Yes.
Yes, subject to a variance with the following mitigation incorporated: _ _ _ _ _ _ __
D
No.
Is the proposed OWTS engineered in compliance with all applicable state and local regulations so
that it will be suitably located with an appropriately sized leachfield and application rates
adequately protective of public health?
D
D
Yes. (Attach justification.)
D
No.
Is the parcel selected for the OWTS appropriate?
D
D
Yes. (See criteria on attached page for justification.)
D
No.
Page
I 22
Factors to Consider in Determining the Suitability of a Parcel for Proposed OWTS
Criteria for a Finding of
Suitability
Criteria Suggesting the
Need for Mitigation
Criteria Justifying
Denial of Application
Geology, Soils, and
Groundwater
Constraints
There is no evidence of
serious inherent geologic,
soil, or groundwater
constraints.
A fair argument can be made
that the proposed site may
have geologic, soil, or
groundwater constraints, but
any such concern can be
assuaged th rough
appropriate mitigation.
The site is unsuitable for the
proposed OWTS system
because it has unmitigable
geologic, soil, or
groundwater conditions that
are atypical for the County.
Lot Size and Density of
Nearby Systems
The median lot size within
one-half mile of each next
adjacent parcel is in excess of
one acre.
adjacent parcel is one-half to
one acre.
adjacent parcel is less than
one-half acre.
Total Number of Septic
Systems
There are fewer than 50
parcels served by septic
systems within one-quarter
mile of each next adjacent
parcel, and the site is not
surrounded by an urban area
with sewer connections.
There are between 50 and
100 parcels served by septic
parcel, and the site is not
There are more than 100
parcels served by septic
parcel, or the site is
Water quality analysis results
within the vicinity of the
proposed OWTS are
suggestive of possible
impacts from OWTS, and
mitigation is appropriate to
prevent any further
environmental degradation.
Water quality impacts have
been documented in the
vicinity of the proposed
OWTS, which cause or
threaten to cause
exceedance of water quality
criteria, and the proposed
OWTS cannot be designed in
such a manner to avoid
further environmental
degradation.
The applicant has a history in
Kings County of violations of
OWTS regulations, which
have all been remedied;
and/or there have been past
incidents involving OWTS on
the proposed site that can be
avoided in the future if the
proposed OWTS is designed
properly.
The applicant for the OWTS
has a history in Kings County
of unremedied violations
OWTS regulations; and/or
there have been past
the proposed site that could
not have been avoided
through the exercise of due
care, and that are likely to be
repeated if a new or
replacement OTWS is
constructed onsite.
Assessment Factors
Evidence of Cumulative
Water Quality Impacts
Past Incidents
No serious water quality
impacts implicating septic
systems have been
documented in the vicinity of
the proposed OWTS, except
for fully remediated past
impacts.
The applicant has no history
in Kings County of violations
of OWTS regulations, and
there is no history of
the proposed site.
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I 23
(Page Left Intentionally Blank)
Page
I 24
COUNTY OF KINGS
GOVERNMENT CENTER HANFORD, CALIFORNIA 93230 (559)852-2362
AGENDA ITEM
April 5, 2016
SUBMITTED BY:
Library - Natalie R. Rencher/Tanya Russell
SUBJECT:
RADIO FREQUENCY IDENTIFICATION SYSTEM FOR THE HANFORD
BRANCH LIBRARY
SUMMARY:
Overview:
As part of the FY 2015-2016 budget, the Board of Supervisors authorized the purchase and install of a
Radio Frequency Identification (RFID) system at the Hanford Branch Library. Additional equipment is
needed that was not included in the original quote. Therefore, the Library is requesting authorization to
transfer funds to cover the costs.
Recommendation:
1. Authorize the transfer of funds from Library Materials (82228450) in the amount of $4,550 to
Radio Frequency ID System fixed asset (82440518); and
2. Authorize the Clerk of the Board to sign the budget appropriation and transfer form. (4/5 vote
required)
Fiscal Impact:
No increased cost to General Fund. One time funds are available from library materials to transfer
$4,550 budget amount from account 82228450 to fixed asset account 82440518, Radio Frequency ID
System to cover the increased cost. The total new cost of the system is $75,584.
BACKGROUND:
The Kings County Library requested authorization to install a Radio Frequency Identification (RFID) system at
the Hanford Branch Library in the FY 2015-2016 budget. RFID tracks the Library collection and automates the
Library's workflow. RFID reduces material handling time and repetitive hand motion. RFID also provides
anti-theft capabilities and improves location of lost and/or missing library materials. The original quote did not
include all of the equipment needed for the RFID system. It is requested that your Board authorize the budget
transfer.
BOARD ACTION :
on _ _ _ _ _ _ _ _ _ , 2016.
By _ _ _ _ _ _ _ _ _ _ _ _ _ , Deputy.
COUNTY OF KINGS
GOVERNMENT CENTER HANFORD, CALIFORNIA 93230 (559)852-2362
AGENDA ITEM
April 5, 2016
SUBMITTED BY:
Human Services Agency - Sanja Bugay
Public Works Department- Kevin McAlister
SUBJECT:
ARCHITECTURAL SERVICES AGREEMENT FOR THE NEW HSA BUILDING
AND TEMPORARY HOUSING FOR HUMAN SERVICES STAFF
SUMMARY:
Overview:
The Human Services Agency (HSA) has an imperative need to provide workspace for staff. The Agency
is currently using customer interview booths as temporary offices. State and Federal legislation has
driven this expansion combined with caseload increases. The Kings County Commission on Aging
(COA) will be co-located with HSA in this new building. The first step in this process is to contract with
an architect to develop plans and specifications. A Request for Proposal (RFP) for consulting and design
services was released on February 9, 2016. The responses from three architectural firms were scored and
Teter Architect & Engineers Connected was selected for recommendation to your Board.
Recommendation:
1) Authorize the Board Chair to sign the Professional Services Agreement with Teter Architects Engineers Connected (Teter); and
2) Authorize the Human Services Agency to temporarily occupy approximately 5,200 square
feet of County space formerly occupied by the Municipal Court clerks and Grand Jury.
Fiscal Impact:
No additional cost to the General Fund. The cost of Teter's Professional Services Agreement is $137,900
and the cost of the agreement is funded from the Human Services Agency Administration budget unit.
These funds are available in the approved 2015-2016 HSA budget with no increase to County General
Fund.
(Cont'd)
BOARD ACTION :
on _ _ _ _ _ _ _ _ _, 2016
By _ _ _ _ _ _ _ _ _ _ _ _ _ , Deputy.
Agenda Item
ARCHITECTURAL SERVICES FOR THE NEW HSA BUILDING AND TEMPORARY
HOUSING FOR HUMAN SERVICES STAFF
April 5, 2016
Page 3of3
The overall cost of the building is estimated at $3.5 Million. All costs associated with the building are
claimable to State and Federal sources. The General Fund costs will incur in certain years due to the
timing of claims however all will be reimbursed. This has an overall result of no net county expenditures
associated with this building. HSA is proposing to use 15 year debt financing (approx. 3.9% interest).
Cost recovery will be through the Cost Allocation Plan and claimed through the administrative claim
with reimbursement from federal and state funds. The Director of Finance has estimated the building
would have a 20 year depreciation schedule. This results in very favorable match between the financing
cost and expenditure recovery.
BACKGROUND:
On December 22, 2015, a study session was conducted on the new Human Services Agency building. Since the
expansion of the Agency's building in 2009, there has been an increased allocated workforce of 117 Full Time
Equivalent's (FTE's). The increase was due to the implemented programs such as the Affordable Care Act
(ACA), Adoptions realignment, CalWORKS Welfare to Work, and caseload increases particularly in foster
care. To support the ACA the Agency added a call center in 2012. The multi-year recession has also increased
caseloads.
HSA was additionally impacted by new programs and mandates for the current and next budget fiscal year.
These include the Continuum of Care reform of foster care, Fair Labor Standards Act implementation for the In
Home Supportive Services, and redesign of CalWORKs Employment Services. These programmatic changes
required staffing increases, which were presented to the Board on March 8, 2016, and will also be a part of the
staffing request in the FY 16-1 7 budget.
The proposed building will be a two story modular structure of approximately 14,400 total square feet. Staffing
capacity is 75-80, which would accommodate existing and requested positions. The new site is proposed to be
along the western side of the HSA south parking lot. This location provides direct access to adjacent parking for
Commission on Aging (COA) customers and all staff occupying the building.
Teter has submitted a proposal for programming and schematic design, contract documents, and construction
administration. This proposal is Exhibit A of the attached Professional Service Agreement. The estimated time
necessary for the building to be designed and built will take longer than HSA initially anticipated and the
Agency therefore has a need for temporary space. As an interim measure to avoid curtailing hiring and
impacting the implementation of programs, HSA is requesting to temporarily occupy 5,200 sf formerly used by
the Municipal Court clerks and Grand Jury. This space has recently been vacated and will soon be turned over to
the County.
Agenda Item
ARCHITECTURAL SERVICES FOR THE NEW HSA BUILDING AND TEMPORARY
HOUSING FOR HUMAN SERVICES STAFF
April 5, 2016
Page 3of3
In the Ten Year Capitol Improvement Master plan adopted in November 2014, this space was designated for use
by the Behavioral Health Department. The Behavioral Health Department is currently unable to move into this
space due to existing leases. Temporary use of the space by HSA will not impact the County's long term plan. In
addition, during the time HSA occupies the vacant space, state and federal funds received by the department can
be utilized to offset ongoing maintenance and utility costs. There will only be minimal clean up and minor
modifications (painting, carpet, and IT cable installation) of the space that needs to be done by HSA prior to
staff relocation and sufficient funds are available in the HSA budget for this purpose. Exhibit B shows the
space that HSA is seeking approval to temporarily utilize for approximately 16 to 18 months.
AGREEMENT NO.
THIS AGREEMENT ("Agreement"), made this _day of_, 20_ by and between the County of
Kings ("Owner") and Teter Architects Engineers Connected ("Consultant").
WITNESSETH:
WHEREAS, Owner desires to construct a 14,400 square foot modular office building for Owner's
Human Services Agency: and
WHEREAS, Owner is in need of professional architectural and engineering services associated with
design and construction review of this project; and
WHEREAS, Consultant submitted a proposal dated January 25, 2016, hereinafter referred to as
"Proposal," and attached to this Agreement as Exhibit A, to provide design and construction review
services for said project.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1 Services provided by Consultant:
1.1 Scope of Work: The Consultant shall perform and provide professional architectural and
engineering services to scope, design, prepare plans and specifications, and provide
limited construction review during prosecution of the work of the selected contractor,
said work hereinafter referred to as "Project," and being more particularly described in
Exhibit A.
1.2 Work Standard: The Consultant shall perform the services with the standard of care and
thoroughness normally exercised by nationally recognized professional engineering
organizations engaged in performing comparable work in similar circumstances. The
standard shall be measured at the time services are rendered to Owner.
1.3 Basic Services: The engineering services hereinafter referred to as "Basic Services" shall
be provided in accordance with the Exhibit A.
1.4 The work to be provided is detailed in Exhibit A, and is generally described by the
following phases:
1.4.1
1.4.2
1.4.3
1.4.4
Planning and Conceptual Design
Construction Documents
Bidding Support
Construction Administration Services
1.5 Force Majeure: Neither party will hold the other responsible for damages or delays in
performance caused by acts of God or other events beyond the control of the other party
and which could not have been reasonably foreseen or prevented. Should such events
occur, it is agreed that both parties will use their best efforts to overcome all difficulties
arising and to resume as soon as reasonably possible the normal pursuit and schedule of
the performance of this Agreement. Delays within the scope of this Article will extend
the contract completion date for specified services commensurably or will, at the option
of either party, make this Agreement subject to termination or to renegotiation,
provided, however that the party relying upon such justification has the burden to show
that it was not negligent in causing such event.
1.6 Time for Completion: Time is of the essence in provision of professional services under
this Agreement. Consultant shall perform the services as expeditiously as is consistent
with professional skill and care and the orderly progress of the work. Consultant shall
complete the phases up to and including the Construction Documents phase within 45
calendar days after receipt of a Notice to Proceed, as modified by mutual written
agreement. Each phase shall be considered complete when Owner makes full payment
for 100% completion of that phase. Consultant shall provide a schedule showing the
duration for each phase of Agreement.
1. 7 Document Approval: The Consultant shall provide the Owner with drawings and
specifications at the conclusion of the Construction Document phase.
1.8 Project Status Reporting: Consultant shall report to Owner monthly the status of work
progress and expenses made. This report may be included in whole or in part with the
monthly billing. The report shall contain:
1.8.1 Discussion of tasks completed and the ones currently underway, and
1.8.2 Discussion of any problems encountered or anticipated which may result in
additional time or expenses.
1. 9 Owner shall provide any necessary topographic surveys, boundary surveys and records of
survey so as not to delay the orderly progress of the work.
2
OWNERS RESPONSIBILITIES:
2.1
Compensation:
2.1.1 Basic Fee: The Owner shall compensate the Consultant monthly for services
rendered, the amount to be paid shall be computed as set forth in the following
subsections based on a total sum of $149,400.00, except as otherwise provided
herein. Consultant verifies that it has reviewed the scope of work to be
performed under this Agreement and agrees that in its professional judgment, the
work can and shall be completed for costs as set forth in this Agreement.
2
2.1.2 Amount by Phase: The amount to be paid for each phase of work shall be equal to
the percentage for each phase shown below times the lump sum fee in Section
2.1. l above:
2.1.2.1 Planning and Conceptual Design
2.1.2.2 Construction Documents
2.1.2.3 Bidding Support
2.1.2.4 Construction Administration Services
2.1.2.5 Reimbursables/Travel Expenses
$16,600
$86,300
$ 6,600
$23,100
$ 5,300
$137,900
2.1.3 Progress Billings: The Owner shall compensate Consultant on a monthly basis
upon submittal of a written statement itemizing the work accomplished to date,
for each phase of work and for Additional Services and Reimbursable Expenses,
giving credit for previous payments. Payment shall be made within twenty (20)
days of invoice submittal. Consultant waives any right to payment if consultant
does not bill for such services within 90 days of their rendition.
2.1.4 Additional Services and Expenses: Consultant shall provide Additional Services
as requested by Owner. Owner shall compensate Consultant, upon prior written
approval by Owner, for any additional services and/or direct expenses which are
not detailed in Exhibit A, and which could not have been reasonably foreseen by
the Consultant as being necessary to complete the Work. Owner shall not be
bound for payment for additional services if the services are not specifically
authorized on the Form entitled "Request for Compensation for Additional
Services" shown as Exhibit B. Additional services shall include the following:
2.1.4.1 Any major additions or changes to approved drawings as may be
requested by Owner after the Design documents are approved.
2.1.4.2 After Construction Documents are approved, any additions or changes to
approved drawings as may be requested by Owner,
2.1.4.3 Services with respect to replacement of any work damaged during
construction,
2.1.4.4
Services required because of default of the Contractor, or major
deficiencies or defects in the Work of Contractor which in no way were
caused by Consultant.
2.1.4.5 Meetings and/or presentations beyond those associated with Basic
Services as identified in Exhibit A.
2.1.4.6 Computation of Compensation: The amount of compensation for
Additional Services shall be computed based on the hourly rates shown
3
in Exhibit C. Reimbursable Expenses shall be listed and supported by
appropriate documentation.
2.1.5 Consultant is responsible for Owner's receipt of a final claim for payment by
completion of work. Owner shall promptly pay Consultant's final claim for
payment providing Consultant has provided all obligations undertaken pursuant to
this Agreement. If Consultant has failed to perform all such outstanding
obligations, Owner shall withhold from Consultant's final claim for payment the
amount of such services owed by Consultant.
2.2 Record Keeping: Consultant shall establish and maintain a system of accounts for budgeted
funds that complies with generally accepted accounting principals for government
agencies. Owner shall have reasonable access to inspect and audit all accounts and
records pertinent to claims made upon Owner. Consultant shall retain such records for a
period of three years after final payment. In addition to authorized representatives of
Owner, it is understood that authorized representatives of the state and/or federal
government may have reason to inspect and/or audit Consultant's performance, place of
business, and/or records pertaining to this Agreement, and such access shall not be
unreasonably withheld.
2.3 Owner Furnished Information and Services: The Owner shall specify to the Consultant or
be responsible for the following:
2.3.1 During construction, provide for necessary testing services, and secure and pay for
the services of a Project Inspector if it is determined by Owner that such services
are necessary
2.3.2 The Owner will provide the Consultant access to and copies of pertinent plans and
records possessed by the Owner relating to the project.
2.3.3 Furnish data and reports currently existing, and research county records for
information requested by Consultant and needed for completion of Work.
2.3.4 Act as liaison and coordinator between the Consultant and local governmental
agencies with respect to providing information, setting up meetings, and
answering questions.
2.4 Review of Consultant Submitted Materials: The Owner shall give reasonably prompt
consideration to all matters submitted by the Consultant for approval to the end that
there will be no substantial delays in the Consultant's program of work.
4
3
ADMINISTRA TTON OF AGREEMENT:
3.1 Project Manager: The Owner shall appoint a Project Manager who shall represent the
Owner in carrying out the provisions of this Agreement. The Consultant shall
communicate with and receive instructions only through the Project Manager or his
designated representative. The Project Manager shall be responsible for the following:
3.1.1 Examine documents: Documents submitted to Owner by the Consultant shall be
reviewed and timely decisions rendered pertaining thereto.
3.1.2 Communications: Communications between the Consultant and Owner officials
and employees shall be provided through the Project Manager. Access to
pertinent Owner records and documents shall also be provided.
3.1.3 Project Records: The Owner shall maintain project accounting, correspondence
and construction document records.
3.2 Preparation of Changes to Work: The Consultant shall recommend necessary changes to
the work of related construction contracts ("Change Orders"). The Consultant shall not,
unilaterally, approve any deviations to the construction contract which will add cost to
or change the scope of the project Any such deviations shall be allowed only after the
Consultant prepares and processes the necessary documentation, as may be appropriate,
which must be approved by the Owner in writing.
3.3 Change Orders Arising from Negligent Acts, Errors or Omissions by Consultant: Where a
change in work arises as a result of negligent acts, error or omission of the Consultant,
Consultant shall be responsible for any added costs associated with that negligent act,
error or omission.
3.3.1 Where a Change Directive or a Change Order arises as a result of a negligent act,
error or omission of the Consultant, there shall be no compensation paid as an
"additional service" for time spent or cost incurred in efforts connected with the
correction thereof.
3.3.2 If any negligent act, error or omission of the Consultant results in identifiable and
definable damage to the Owner, the Consultant shall be responsible to reimburse
Owner for the cost of such damages.
3.3.3 If any negligent act, error or omission of the Consultant causes the need to make
corrective changes to the work at an added cost, Consultant shall be liable for the
added cost.
3.3.4 If any negligent act, error or omission of the Consultant results in an increase in
the construction contract cost but does not result in readily identifiable or
definable damages to the Owner, the parties acknowledge that nevertheless there
5
may be some actual monetary damage to the Owner. In either event, the
procedures set forth for resolution of disputes in Section 3.5 shall apply.
3.3.5 Consultant shall not be responsible for added costs incurred by the Owner where
changes to the work result in "betterment" to the scope of the project. The term
"betterment" refers to the concept of compensating Owner for more than its loss,
which results in improving the Owner's economic position compared to what it
would have been if no such error or omission had occurred. The Owner cannot
receive for free what it would have had to pay for if no error or omission by the
Consultant had been made.
3.4 Approvals and Authorizations: For an approval, an authorization, a request, or any
direction to the Consultant to be binding upon the Owner under the terms of the
Agreement, such approvals, authorization, request, or direction must be in writing and
be signed on behalf of the Owner by the Project Manager or a person designated by him.
3 .5 Disputes: If a disagreement or dispute arises between the Owner and the Consultant with
regard to interpretation or implementation of this Agreement, or concerning obligations
under this Agreement, the following procedure shall be followed to resolve the dispute:
3.5.1 The Project Manager and the Consultant shall meet and confer and attempt to
reach agreement on the issue, and if damages are claimed, the amount of the
damages, and the measure of damages, if any, each party shall be responsible
for. If the Project Manager and the Consultant cannot reach agreement through
direct negotiation, the parties may meet with an agreeable neutral mediator to try
to resolve the issues.
3.5.2 If the Project Manager and the Consultant cannot reach agreement under 3.5.1, the
disputed issues shall be submitted to a panel of three (3) people for a
recommended resolution. The Consultant and the Owner shall each select one
member of the panel and the third member of the panel shall be mutually agreed
upon by the Owner and the Consultant.
3.5.3 The panel shall hear the facts related to the disputed issues. Discovery rights
provided by the California Code of Civil Procedures shall be available and
enforceable to resolve the disputed issues.
3.5.4 Upon receipt of the panel's recommended resolution of the disputed issues, the
Owner and the Consultant shall again meet and confer and attempt to reach
agreement. If the parties still are unable to reach agreement, each party shall
have recourse to all appropriate legal and equitable remedies.
3.5.5 The procedures to be followed in the resolution of disputes may be modified
anytime by mutual agreement of the parties hereto.
6
4 General Conditions:
4.1 Meaning of Headings: Headings do not in any manner affect the scope, meaning, or intent
of the provisions of this Agreement.
4.2 Integration; Additions or Changes to Agreement: This Agreement, addendums hereto, if
any, and the Exhibits attached hereto constitute the entire agreement between the
parties, and this Agreement shall not he modified, amended, altered or changed except
by a written document signed by both parties. No verbal agreements or conversations
prior to execution of this Agreement or requested Amendment shall affect or modify any
of the terms or conditions of this Agreement unless reduced to writing according to the
applicable provisions of this Agreement. The parties agree to execute such additional
documents as may be necessary to carry out the intent and provisions of this Agreement.
4.3 Submittal Review: It is agreed that a reasonable time within which to review submittals
from contractors is two weeks from the time received by the Consultant. If Consultant
takes longer than this amount of time to review a submittal, then Consultant shall be
liable for any actual or consequential costs incurred by either the Owner or Contractor
for delaying review beyond the four week period.
4.4 Termination of Agreement:
4.4.1 Termination at Convenience of Owner: The Owner may tenninate this Agreement
at any time by giving no less than fifteen (15) days prior written notice to the
Consultant of such termination and specifying the effective date thereof. In that
event, all finished or unfinished documents and other materials as described in
Section 4.4.2 below shall, at the option of Owner, become its property. All costs
associated with printing and transfer of such documents shall be paid by the
Owner. Owner may use such documents to complete the Project, make
additions to the Project, or for any purposes relating to the Project. If the
Agreement is terminated by Owner as provided herein, the Consultant shall be
paid for services provided to the date of notification of termination. If this
Agreement is terminated due to the fault of the Consultant, Section 4.4.2 shall
apply.
4.4.2 Termination of Agreement for Cause: If through any cause, the Consultant fails to
fulfill in a timely and proper manner its obligations under this Agreement, or if
Consultant violates any of the covenants, agreements, or stipulations of this
Agreement and any such default is not cured within ten (10) days of the Owner
giving Consultant written notice specifying the nature of the problem, Owner
shall thereupon have the right to terminate this Agreement by giving at least ten
(10) days prior written notice to Consultant of such termination and specifying
the effective date thereof. In that event, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by Consultant under this Agreement shall, at the option of
Owner, become property of Owner after payment in full for all services provided
by the Consultant. All costs associated with printing and transfer of such
7
documents shall be paid by the Owner. If this Agreement is terminated because
of Consultant's default, Owner shall be entitled to recover from Consultant all
damages allowed by law. As an alternative to termination, Owner may elect to
cure any default, and any expense reasonably incurred shall be payable by
Consultant to Owner. Owner's election to cure a default may only be exercised
after 10 day's written notice of the default by Consultant, and Consultant's
failure to cure the default.
4.4.3 Consultant acknowledges that there is no guarantee that Owner will renew
Consultant's services under a new agreement following expiration or termination of this
Agreement. Consultant waives all rights to notice of non-renewal of Consultant's
services.
4.5 Ownership of Documents: Upon completion of each phase where documents are provided,
the originals of all such documents shall become and remain the property of the Owner.
Owner acknowledges the Consultant's documents are instruments of service.
Nevertheless, all documents prepared by Consultant for delivery to Owner under this
Agreement shall become the property of the Owner upon completion of the work and
payment in full of all monies due to Consultant.
4.5.1 In the event Owner allows, authorizes or approves of the use of the plans and
specifications developed for Project for another use, with or without changes or
amendments, or allows, authorizes or approves of the use of the plans and
specifications for the construction of Project with changes or amendments that
have not been approved in writing by Consultant, Owner agrees to release and
hold harmless the Consultant from any liability arising from such use.
4.5.2 No material prepared in connection with the project shall be subject to copyright
in the United States or in any other country.
4.6 INDEPENDENT CONTRACTOR
4.6.1. Consultant is an independent contractor and not an agent, officer or employee of Owner.
The parties mutually understand that this Agreement is by and between two independent
contractors and is not intended to and shall not be construed to create the relationship of
agent, servant, employee, partnership, joint venture, or association.
4.6.2. Consultant shan have no claim against Owner for employee rights or benefits including,
but not limited to seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, medical, dental or hospital benefits, retirement benefits, Social Security,
disability, Workers' Compensation, unemployment insurance benefits, civil service
protection, disability retirement benefits, paid holidays or other paid leaves of absence.
4.6.3. Consultant is solely obligated to pay all applicable taxes, deductions and other
obligations including, but not limited to, federal and state income taxes, withholding,
8
Social Security, unemployment, disability insurance, Workers' Compensation and
Medicare payments.
4.6.4. Consultant shall indemnify and hold Owner hannless from any liability which Owner
may incur because of Consultant's failure to pay such obligations.
4.6.5. As an independent contractor, Consultant is not subject to the direction and control of
Owner except as to the final result contracted for under this Agreement. Owner may not
require Consultant to change its manner of doing business, but may require redirection
of efforts to fulfill this Agreement.
4.6.6. Consultant may provide services to others during the same period Consultant provides
service to Owner under this Agreement.
4.6.7. Any persons employed by Consultant shall be under Consultant's exclusive direction,
supervision and control. Consultant shall determine all conditions of employment
including hours, wages, working conditions, discipline, hiring and discharging or any
other condition of employment.
4.6.8. As an independent contractor, Consultant shall indemnify and hold Owner harmless
from any claims that may be made against Owner based on any contention by a third
party that an employer-employee relationship exists under this Agreement.
4.6.9. Consultant, with full knowledge and understanding of the foregoing, freely, knowingly,
willingly and voluntarily waives the right to assert any claim to any right or benefit or
tenn or condition of employment insofar as they may be related to or arise from
compensation paid hereunder.
4.7 Indemnity: To the fullest extent permitted by law, including California Civil Code section
2782 and 2782.8, Consultant has the contracted duty (hereinafter "the duty") to
indemnify, defend and hold harmless, Owner, its Board of Supervisors, officers,
employees, agents and assigns from and against any and all claims, demands, liability,
judgments, awards, interest, attorneys' fees, costs, experts' fees, investigation costs, and
expenses of whatsoever kind or nature, at any time arising out of Consultant's work.
This duty shall include, but not be limited to, claims for incidental or consequential
damages, bodily injury, property damage, personal injury (including injury to or death of
any employee or agent of Consultant or its subconsultants or subcontractors), and
contractual damages or otherwise alleged to be caused to any person or entity including,
but not limited to employees, agents and officers of Consultant. Consultant's liability
for indemnity under this Agreement shall apply, regardless of fault, to any acts or
omissions, willful misconduct or negligent conduct of any kind, on the part of the
Consultant, its agents, sub-Consultants and employees. The duty shall extend to any
allegation or claim of liability except in circumstances found by a jury or judge to be the
sole and legal result of the willful misconduct of Owner. This duty shall arise at the
first claim or allegation of liability against Owner. Consultant will on request and at its
expense defend any action suit or proceeding arising hereunder. This indemnification
specifically includes any claims that may be against Owner by any taxing authority
9
asserting that an employer-employee relationship exists by reason of this Agreement.
These indemnification obligations shall survive the termination of this Agreement as to
any acts or omissions occurring under this Agreement or any extension of this
Agreement.
4.8 Payment of Attorneys' Fees: Should any litigation be commenced between the parties
hereto concerning any provision of this Agreement, or the rights and obligations of
either in relation hereto, the pfu-ty prevailing in any such litigation shall be entitled, in
addition to such other relief as may be granted, to a reasonable sum as and for attorneys'
fees in such litigation which shall be determined by the court in such litigation or in a
separate action brought for such purpose.
4. 9 Notice of Delays by Owner: The Consultant shall notify the Owner, in writing, at least 5
working days after Consultant believes that Owner has caused Consultant damages
because of delays by Owner.
4.10 No Damage for Delay: The Consultant shall not be entitled to any damages for delay. All
compensation shall be paid as provided under Section 2.1.
4.11 Warranty: Owner relies on Consultant's professional ability and training as a material
inducement to enter into this Agreement. Consultant will perform its work according to
generally accepted professional practices and standards and the requirements of
''applicable federal, state, and local laws. Owner's acceptance of Consultant's work shall
not constitute a waiver or release of Consultant from professional responsibility.
Consultant possesses current valid appropriate licensure, including, but not limited to,
drivers' licenses, professional licenses, certificates of tax-exempt status, or permits,
required to perform the work under this Agreement.
4.12 Litigation Venue and Choice of Law: This Agreement shall be governed in all respects by
the laws of the state of California, wherein the Agreement has been executed and
delivered. Kings County shall be the venue of any litigation arising out of this
Agreement, and Consultant waives the provisions of California Code of Civil Procedure
Section 394.
4.13
5
Confidentiality: Consultant shall prevent unauthorized disclosure of any confidential
information, except for statistical information not identifying a particular Owner
employee. Consultant shall not use Owner's employees' confidential information for
any purpose other than carrying out Consultant's obligations under this Agreement.
Consultant shall promptly transmit to Owner all requests for disclosure of confidential
information.
SPECIAL CONDITIONS:
5.1. Without limiting Owner's right to obtain indemnification from Consultant or any third
parties, prior to commencement of work, Consultant shall purchase and maintain the
following types of insurance for minimum limits indicated during the term of this
10
Agreement and provide a Certificate of Endorsement from Consultant's Insurance
Carrier guaranteeing such coverage to Owner. Such Certificate shall be mailed as set
forth under Section 5.3: Notice. In the event Consultant fails to keep in effect at all
times insurance coverage as herein provided, Owner may, in addition to other remedies
it may have, suspend or terminate this Agreement upon the occurrence of such event.
5.1.1. Commercial General Liability. $1,000,000 per occurrence and $2,000,000 annual
aggregate covering, at a minimum, bodily injury, personal injury and property
damage. Owner and its officers, employees and agents shall be endorsed to
above policies as additional insured, using ISO form CG 20 10 11/85, or an
alternate form or combination of forms that provides coverage for ongoing and
completed operations alike as to any liability arising frum the performance of
this Agreement.
5 .1.2. Automobile Liability. Comprehensive Automobile Liability Insurance with limits
for bodily injury of not less than Two Hundred Fifty Thousand Dollars
($250,000) per person, Five Hundred Thousand Dollars ($500,000) per accident
and for property damages not less than Fifty Thousand Dollars ($50,000), or
such coverage with a combined single limit of Five Hundred Thousand Dollars
($500,000). Coverage should include owned and non-owned vehicles used in
connection with this Agreement.
5 .1.3. Workers Compensation. Statutory coverage, if and as required according to the
California Labor Code, including Employers' Liability limits of $1,000,000 per
accident. The policy shall be endorsed to waive the insurer's subrogation rights
against Owner.
5 .1.4. Professional Liability. $1,000,000 limit per occurrence and $2,000,000 annual
aggregate limit covering Consultant's wrongful acts, errors and omissions.
5.2. Insurance Conditions.
1. Insurance is to be placed with admitted insurers rated by A.M. Best Co. as A:VII or
higher. Lower rated, or approved but not admitted insurers, maybe accepted if
prior approval is given by Owner's Risk Manager.
2. Each of the above required policies shall be endorsed to provide Owner with thirty
(30) days prior written notice of cancellation. Owner is not liable for the payment
of premiums or assessments on the policy. No cancellation provisions in the
insurance policy shall be construed in derogation of the continuing duty of
Consultant to furnish insurance during the term of this Agreement.
11
5.3
Notice: Any notice necessary to the performance of this Agreement shall be given in
writing by personal delivery or by prepaid first-class mail addressed as follows:
OWNER:
COUNTY OF KINGS
PUBLIC WORKS DIRECTOR
KINGS COUNTY GOVERNMENT CENTER
1400 WEST LACEY BOULEYARD
HANFORD, CA 93230
CONSULT.Ai~T:
TETER, LLP
Glen Teter SE, Principal Partner
7535 N. PahnAve
Suite 201
Fresno, CA 93 711
If notice is given by personal delivery, notice is effective as of the date of personal
delivery. If notice is given by mail, notice is effective as of three days following the
date of mailing or the date of delivery reflected upon a return receipt, whichever occurs
first.
5.4
Non-assignment: This Agreement is personal to the Consultant and any attempted
assignment by him, his successor or assigns, shall be void. Any attempt to subcontract
any portion of the work, except as otherwise allowed herein or in any attachment hereto,
shall likewise be void unless consented to in writing by Owner. The Consultant's
services pursuant to this Agreement shall be provided under the personal supervision of
Loren K. Aiton and his designee and the Consultant shall not assign another to supervise
the Consultant's performance of this Agreement without written approval of the Owner
through the Project Director. Consultant agrees that Loren K. Aiton shall be made
available to the Owner for any litigation that may arise out of this Agreement, and such
services shall be provided on a time and materials basis as per the rate schedule in
Exhibit C.
5.5
Partial Construction Administration Phase Services. The Owner and the Consultant
acknowledge that should the Owner, after careful deliberation, choose not to retain the
Consultant to perform complete Construction Administration Services under this
Agreement, the Owner is aware and understands that the likelihood of misinterpretation
and miscommunication in implementing plans and specifications are more likely to
occur when the Consultant is not retained to provide such services. Therefore, the
Owner agrees to indemnify, defend, and hold the Consultant harmless from and against
any and all claims, suits, demands, losses and expense, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or any other legal entity, on
account of any damage to property or persons, including death, arising out of errors,
omissions and/or misinterpretations in implementing or interpreting the Consultant's
work product which could have been prevented had the Consultant been engaged by the
Owner to provide complete Construction Administration Services, except where the
Consultant is found solely liable for such damages by a court of competent jurisdiction.
5.6
CADD Documents. Upon request of Owner, Contractor shall submit all drawings in a
CADD format specified by Owner. The electronic files submitted by Consultant to
Owner are submitted for an acceptance period of 90 days. Any defects the Owner
discovers during this period will be reported to the Consultant and will be corrected as
12
part of the Consultant's Basic Services. Corrections of defects detected and reported
after the acceptance period will be compensated as Additional Services.
5. 7
Compliance with Law: Consultant shall comply with all federal, state, and local laws
and regulations applicable to its performance, including, but not limited to licensing,
employment, and purchasing practices, wages, hours, and conditions of employment.
Without limiting the generality of the foregoing:
5.7.1 Accessibility Guidelines: Consultant's designs shall incorporate all accessibility
guidelines promulgated under the Americans with Disabilities Act and California
Building Standards Code. Whenever reasonable, appropriate, and practicable,
Consultant is encouraged to build construction tolerances into designs to avoid
unintended technical violations oflegally mandated accessibility guidelines at full build
out (e.g., because the installation of tiling or other features causes a room not to meet
minimum widths).
5. 7.2 Conflicts of Interest: Consultant warrants that it; its employees, officers, and
directors; and the immediate family members of its employees, officers, and
directors, have no direct or indirect interest (including, but not limited to,
another project or independent contract), which conflicts with the rendering of
services under this Agreement; neither shall any such interest be acquired.
Consultant shall employ or retain no such person while rendering services under
this Agreement. Services rendered by Consultant's associates or employees
shall not relieve Consultant from personal responsibility under this clause.
Consultant has an affirmative duty to disclose to Owner in writing the name(s)
of any person( s) who have an actual, potential or apparent conflict of interest.
5.7.3 Drug Free Workplace: Consultant warrants that it is knowledgeable of
Government Code section 8350, et seq., regarding a drug free workplace and
shall abide by and implement its statutory requirements.
5.7.4 Health and Safety Standards: Consultant shall abide by all health and safety
standards set forth by the state of California and/or Owner pursuant to the Injury
and Illness Prevention Program.
5.7.5 Nondiscrimination: In rendering services under this Agreement, Consultant shall
comply with all applicable federal, state and local laws, rules and regulations
regarding nondiscrimination, and shall not discriminate based on age, ancestry,
color, gender, marital status, medical condition, national origin, physical or
mental disability, race, religion or sexual orientation. Consultant shall not
discriminate against its employees, which includes, but is not limited to,
employment upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation
and selection for training, including apprenticeship. Further, Consultant shall
include this provision in all its subcontracts to perform work under this
Agreement.
13
5.7.6 Prevailing Wage: Consultant is hereby advised that Labor Code section 1771
states that: "Except for public works projects of one thousand dollars ($1,000)
or less, not less than the general prevailing rate of per diem wages for work of a
similar character in the locality in which the public work is performed, and not
less than the general prevailing rate of per diem wages for holiday and overtime
work fixed as provided in this chapter, shall be paid to all workers employed on
public works." Additionally, no contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with the Department of
Industrial Relations pursuant to labor Code section 1725.5 (unless otherwise
exempted under Labor Code section 1771. l(a)). No contractor or subcontractor
may be awarded a contract for public work on a public works project, unless
registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5. "Public work" is defined by Labor Code section 1720 to include
"work performed during the design and preconstruction phases of construction,
including by not limited to, inspection and land surveying work." If it is
subsequently determined by Consultant or Owner that any work by Consultant's
employees, subcontractors, or other agents within the scope of this Agreement,
as it may be amended from time to time, includes inspection or surveying of the
project site or like tasks, Consultant is advised that such work will be subject to
prevailing wage laws, including the requirement to register with the Department
of Industrial Relations pursuant to Labor Code section 1725.5 for compliance
and monitoring.
6
MISCELLANEOUS
6.1 Counterparts: This Agreement may be executed simultaneously and in several
counterparts, each of which shall be deemed an original, but which together shall
constitute one and the same instrument.
6.2 Contributions of Both Parties: This Agreement represents the contributions of both parties,
who are each represented by competent counsel, and it is expressly agreed and
understood that the rule stated in Civil Code section 1654, that ambiguities in a contract
should be construed against the drafter, shall have no application to the construction of
this A!::,rreement.
6.3 Severability: If any of the provisions of this Agreement is found to be unenforceable, the
remainder shall be enforced as fully as possible and the unenforceable provisions shall
be deemed modified to the limited extent required to permit enforcement of the
Agreement as a whole.
6.4 Authority: Each signatory to this Agreement represents that it is authorized to enter into
this Agreement and to bind the Party to which its signature represents.
14
OWNER'S REPRESENTATIVE
CONSULTANT'S REPRESENTATNE
COUNTY OF KINGS
DOUG VERBOON, Chairman
ATTEST:
APPROVED AS TO FORM:
15
COUNTY OF KINGS
AGENDAITEM
April 5, 2016
SUBMITTED BY:
Administration - Larry Spikes/Rebecca Campbell
SUBJECT:
APPOINTMENTS TO THE KINGS COUNTY PLANNING COMMISSION
SUMMARY:
Overview:
The Maddy Local Appointive List Act of 1975, states that whenever vacancies occur in any board,
commission, or committee for which the legislative body has the appointing power, a vacancy notice shall
be posted in the office of the clerk of the local agency and the local library. The legislative body shall not
make final appointment to the board or commission for at least 10 working days after the posting of the
notice as required, and the 10 day waiting requirement was met on January 10, 2016. The unscheduled
vacancy notice was posted at the County Government Center and the Hanford Library on December 23,
2015 and the Hanford Sentinel received a copy as a courtesy.
Recommendation:
Pursuant to Board policy, the Administrative Office makes no recommendations on commission
and advisory board appointments.
Fiscal Impact:
None.
Advisory Board Statement:
The Committee coordinator makes no recommendation as to the appointment today.
BACKGROUND:
PLANNING COMMISSION:
One vacancy currently exists on this Commission for a Supervisorial District 2 representative. The terms of
office are for four years unless filling an unexpired term. The appointment of the representative today would
fill a term expiring June 30, 2020.
(Cont'd)
BOARD ACTION :
APPROVED AS AMENDED: _ _ _ _ OTHER: _ __
and adopted on _ _ _ _ _ _2016.
CATHERINE VENTURELLA, Clerk of the Board
By _ _ _ _ _ _ _ _ _ _ _ _ _ , Deputy.
AGENDA ITEM
APPOINTMENTS TO THE KINGS COUNTY COMMISSION
April 5, 2016
Page 2of2
Criteria for appointment: Applicants must reside within the district in which the vacancy occurs.
The purpose of this Commission shall be to develop and maintain the County General Plan, develop such specific
plans as may be necessary and/or desirable; to periodically review the capital improvement program for the
County, and perform such other functions as the legislative body may provide.
Applicant:
Jose Guadalupe "Lupe" Chavez - District 2 resident
COUNTY OF KINGS
AGENDA ITEM
April 5, 2016
SUBMITTED BY:
Administration Office - Larry Spikes/Rebecca Campbell
SUBJECT:
CONTRACT AMENDMENT WITH KRAZAN AND ASSOCIATES, INC. FOR
THE JAIL PHASE II PROJECT
SUMMARY:
Overview:
On September 16, 2014, your Board entered into an agreement with Krazan and Associates, Inc. for
materials testing services of the Kings County Jail Phase II project. On November 17, 2015, your Board
adopted a contract amendment for additional services needed. As the project nears completion, another
contract modification is needed for additional work related to materials testing.
Recommendation:
Authorize the Chairman of the Board to sign the second contract amendment with Krazan and
Associates, Inc.
Fiscal Impact:
The original contract amount was $136,735. Your Board authorized an increase of $44,760, to that
amount on November 17, 2015. This change will increase the contract by an additional amount not to
exceed $80,000, for a total contract amount of $261,495. This will be funded from the Project's
contingency, which is budgeted in Budget Unit 700002, Account 82420057. The County anticipates
passing on some of the costs to the general contractor, Roebbelen Construction, through a deductive
change order within the construction contract.
BACKGROUND:
Your Board approved Agreement 14-100 with Krazan and Associates, Inc. on September 16, 2014. In
November of 2015, your Board approved a contract amendment with Krazan to provide additional time for
inspection services due to issues with the precast concrete panels.
It is still expected that some of the costs will be recouped through a deductive change order with the general
contractor, Roebbelen Construction, Inc. Additional time is needed to complete the materials testing services;
therefore, another amendment is requested of your Board today.
BOARD ACTION :
APPROVED AS RECOMMENDED:
----
OTHER: - - - -
and adopted on _ _ _ _ _ _ _ _ _ _ , 2016.
Agreement No. 14-100.2
SECOND AMENDMENT TO THE AGREEMENT
BETWEEN THE COUNTY OF KINGS AND KRAZAN AND ASSOCIATES, INC. FOR
THE PROVISION OF JAIL CONSTRUCTION MATERIALS TESTING SERVICES
FOR THE AB 900 PHASE II JAIL PROJECT
This second Amendment to Agreement No. 14-100 ("Amendment") is made and entered
day of
2016, by and between the COUNTY OF
into as of the
KINGS, a political subdivision of the State of California (hereinafter, "County") and Krazan
and Associates, Inc. (hereinafter, "Contractor").
RECITALS
WHEREAS, County entered into a contract with Contractor for the provision of Jail
Construction Inspection Services on September 16, 2014 ("Agreement"); and
WHEREAS, the Agreement with Contractor for the provision of Jail Construction
Inspection Services was amended on November 17, 2015; and
WHEREAS, the compensation set forth in the Agreement requires amendment to
account for increased inspection costs as fully set forth in Exhibit A.
NOW, THEREFORE, County and Contractor mutually agree as follows:
1.
Section 2A of the Agreement shall be amended as follows:
A.
Total compensation shall be increased by an amount not to exceed
$80,000, for a total contract amount of $261,495.13, for the reasons set forth in Exhibit
A to this Amendment, which is incorporated herein as if set forth in full. The parties
understand and agree it is expected the additional compensation for services shall not
exceed $53,323, for a total contract term of $234,818.13, and that any compensation
sought over and above this amount will be subject to and require further negotiations
between the parties and documentation to support the increased amount.
2.
All other terms and conditions of the Agreement shall remain in effect as previously
agreed and are not otherwise affected by this Amendment.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have caused this first Amendment to Agreement
No. 14-100 to be executed on the day and year as provided above.
"CONTRACTOR"
Dated: - - - - - - -
By:
Krazan and Associates, Inc.
"CONTRACTOR"
Dated: - - - - - - -
By:
Krazan and Associates, Inc.
"COUNTY"
Dated: - - - - - - -
By:
Doug V erboon, Chairman,
Kings County Board of Supervisors
ATTEST:
Dated: - - - - - - -
By:
Catherine Venturella, Clerk,
Kings County Board of Supervisors
APPROVED AS TO FORM
REVIEWED FOR FISCAL AND
BUDGETARY CONTROL
By
By
Carrie R. Woolley
Deputy County Counsel
Rebecca Campbell
Interim Asst. County Admin. Officer
2
fxhibit f
Additional Service On:ler
Additional Service Order No.
Name:
Kings County Jall Expansion
Hanfon:I, California
Date:
#002
5-Mar-16
1614291
16-Sep-14
KA Project No.
Contract Date:
Per the attad1ed scone for Addition1I Services, the ,Oni14itinq seryices are amended as follows:
Additive Change Order in the amount of $53,323.13 fur additional
& Inspection Services requested and
Order No. 1 was prepared based upon the current anticipated Construction Testing Services,
Welding Reinspection Services, and miscellaneous services
to complete the jail expansion. Based upon the
Information recieved from the
and CM team, we anticipate providing full time and
services
on an on-call
as requesed.
Field Welding & Bolting (Re-Inspection & Additional Requested)
balance in Contract Amount Nov 2015 invoice)
l
1184.38
$1,184.38
Field Welding & Bolting (Re-Inspection & Additional r-.<:::(4u1:::::.u::•u1
Dec 2015
1
17552.5
$17,552.50
Jan 2016
1
9081.25
$9,081.25
Feb 2016
1
5505
$5,505.00
& Inspection (Re-Inspection & Additional 5e1Vices)
Estimated remainingat $5000 per month thru June 2016**
4
5000
$20,000
Total Change Order #002 (additional services to-date and Anticipated)
Not valid until
the Owner and Consulbmt
The Original Consulting Agreement ...............................................................................
Net Change by previous Additional Services ...................................................................
Contract Sum Prior to this Additional Service ................................................................
Contract Sum will be INCREASED I 9ECRiA:SED by this change ............................... .
Net Contract Sum including this Additional Service will be: ........................................ ..
CONSULTANT:
OWNER:
By:
Title:
Title:
Date:
Date:
8/31/2014
9/30/2014
10/31/2014
11/30/2014
12/31/2014
1/31/2015
2/28/2015
3/31/2015
3/31/2016
4/30/2015
5/31/2015
6/30/2015
6/28/2015
7/31/2015
8/31/2015
10/31/2015
11/30/2015
1/31/2016
2/29/2016
3/31/2016
4/30/2016
5/31/2016
6/30/2016
$3,155.00
$2,310.00
$2,165.00
$3,310.00
$440.00
$4,055.00
$5,255.00
$3,365.00
-$510.00
$8,950.00
$16,815.00
$34,644.38
-$520.00
$32,030.00
$18,090.00
$17,030.00
$14,610.00
$17,485.00
$17,552.50
$9,081.25
$5,505.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$234,818.13
$3,155.00
$5,465.00
$7,630.00
$10,940.00
$11,380.00
$20,690.00
$24,055.00
$23,545.00
$32,495.00
$49,310.00
$83,954.38
$83,434.38
$115,464.38
$165,194.38
$1,184.38 amount over C01 Budget
$200,231.88
$209,313.13
$214,818.13
$219,818.13
$224,818.13
$229,818.13
$234,818.13
$9,081.25
$5,505.00
$5,000.00 estimated
$5,000.00 estimated
$5,000.00
$5,000.00 estimated
$53,323.13
181,495.0(
COUNTY OF KINGS
GOVERNMENT CENTER
HANFORD, CALIFORNIA 93230
(559) 852-2362
AGENDAITEM
April 5, 2016
SUBMITTED BY:
Health Department - Keith Winklerffiebbie Grice
SUBJECT:
NATIONAL PUBLIC HEALTH WEEK, APRIL 4-10, 2016
SUMMARY:
Overview:
Since 1995, the first full week of April has been recognized as National Public Health Week. This
provides the Department of Public Health an opportunity to increase awareness and educate the public,
policymakers, and public health professionals about issues important to improving the public's health.
This year we are focusing on the Nursing Division within the Department of Public Health.
Recommendation:
Information only.
Fiscal Impact:
None
BACKGROUND:
This year, the theme for National Public Health Week is Healthiest Nation 2030 which promotes opportunities
for everyone to be healthy. These opportunities include building a nation of safe, healthy communities, helping
all young people graduate high school, giving everyone a choice of healthy food, preparing for the effects of
climate change, and providing quality health care for everyone. Visit the website www.nphw.org for more
information.
BOARD ACTION:
APPROVED AS RECOMMENDED: _ _ _ _ OTHER: _ __
on _ _ _ _ _ _ _ _ _, 2016.
CATHERINE VENTURELLA, Clerk to the Board
By _ _ _ _ _ _ _ _ _ _ _ _ _, Deputy.

Agenda Item

Transcription

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