Agenda packet, regular meeting, first session — King City City Council, June 23, 2026 (part 1 of 2)

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE RDA FOR THE CITY OF KING
TUESDAY JUNE 23, 2026
6:00 P.M.

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

To join the meeting virtually, please use the link below to join the Zoom meeting:
https://us02web.zoom.us/j/87558519769?pwd=sOTEnPULpHEwcujvjkvfnJCs2IbVbR.1 Meeting ID: 875 5851 9769
Or by telephone: 1-669-900-9128
Passcode: 387918
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
* Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.

CALL TO ORDER
ROLL CALL:

Council Members Oscar Avalos, Robert Cullen, Carlos Victoria, Mayor Pro Tem Carlos DeLeon, and Mayor Mike LeBarre

FLAG SALUTE

CLOSED SESSION ANNOUNCEMENTS

SPECIAL PRESENTATIONS
Swearing In Of Sergeant, Cody Hughes By Chief Robert Masterson School Districts Unification Presentation - Presented By SMCUSD Superintendent, Caroline Cota Ed. D.

PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should bditd tthCil hld t tidiidl Cil Mb

1. 2.

3. 4.

5. A.

6. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member.

Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.

COUNCIL COMMUNICATIONS & COMMITTEE REPORTS
Individual Council Members may comment on Council business, his or her Council activities, City operations, projects or other items of community interest. Council Members may also request staff to report back at a subsequent meeting on any matter or take action to direct staff to prepare a staff report for a future agenda.

STAFF COMMUNICATIONS
Comments presented by the City Manager, City Attorney or other staff on City business and/or announcements.

CONSENT AGENDA
The following items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion. The Council may approve the remainder of the Consent Agenda on one motion. Items withdrawn from the Consent Agenda may be considered by separate motions at the conclusion of the discussion of each item.

Consideration: Meeting Minutes Of June 9, 2026 Council Meeting Recommendation: approve and file.
9(A) 6-9-2026 MINUTES_.PDF
Consideration: City Of King Check Register June 1, 2026 Through June 15, 2026 Recommendation: receive and file.
9(B) JUNE 1-15 CHECK REGISTER.PDF
Consideration: Special Closed Session Meeting Minutes Of June 9, 2026 Council Meeting
Recommendation: approve and file.
9(C) 06-09-2026 SPECIAL CLOSED SESSION MEETING MINUTES_.PDF Consideration: Second Reading Of An Ordinance Of City Council Of The City Of King Amending Municipal Code Repealing Title 17, Chapter 17.47 Of The King City Municipal Code And Replace It With A New Chapter 17.47 Regulating The Development Of Accessory Dwelling Units

6. 7.

8. 9.

Documents:

D.
9(C) 06-09-2026 SPECIAL CLOSED SESSION MEETING MINUTES_.PDF Consideration: Second Reading Of An Ordinance Of City Council Of The City Of King Amending Municipal Code Repealing Title 17, Chapter 17.47 Of The King City Municipal Code And Replace It With A New Chapter 17.47 Regulating The Development Of Accessory Dwelling Units
Recommendation: waive the second reading by title only and adopt an Ordinance of City Council of the City of King repealing Title 17, Chapter 17.47 of the King City Municipal Code and replace it with a new Chapter 17.47 regulating the development of accessory dwelling units.
9(D) 2ND READING OF ADU ORDINANCE.PDF
Consideration: Special Meeting Minutes Of June 11, 2026 Council Meeting Recommendation: approve and file.
9(E) 06-11-2026 SPECIAL MEETING MINUTES_.PDF
Consideration: Senate Bill 1 (SB1) Funding Project List For FY 2026-27 Recommendation: City Council adopt Resolution No. 2026-5093 to approve a list of projects funded by Senate Bill 1 (SB1), the Road Repair and Accountability Act. 9(F) SC1 FUNDING ALLOCATION.PDF
Consideration: A Resolution For The Removal Of Planning Commissioner Margarita Lopez
Recommendation: City Council Approve Resolution No. 2026-5094 removing Planning Commissioner Margarita Lopez from the City of King Planning Commission and declaring the position vacant.
9(G) RESOLUTION OF RTHE REMOVAL OF PLANNING
COMMISSIONER.PDF
Consideration: Award Golf Course Rehabilitation Project Recommendation: City Council City Council: 1) Approve a Public Works Agreement with Hartzell General Engineering Inc. for the Golf Course Restoration Project in the amount of $6,606,576.00; 2) Suspend construction until notification that FEMA funds are available; 3) Authorize the City Manager to approve Contract Change Orders up to 15% of the contract amount, and 4) Waive the provisions of Section 14 “Award of Contract” of the Instructions to Bidders in the Bid Documents that require award of the contract within 60 calendar days.
9(H) GOLF COURSE REHABILITATION.PDF
Consideration: Amend Agreement With Teichert Construction D.

Documents:

I
9(H) GOLF COURSE REHABILITATION.PDF
Consideration: Amend Agreement With Teichert Construction Recommendation: City Council approve amending the agreement with Teichert Construction for the 2025 CDBG Pavement Rehabilitation Project. 9(I) AMEND AGREEMENT WITH TEICHERT CONSTUCTION.PDF

PUBLIC HEARINGS
Consideration: Resolution Approving And Ordering The Levy And Collection Of Special Assessments For Unpaid Billing For Refuse And Recycling Services Recommendation: 1) open the public hearing, allow public testimony regarding objections to proposed special assessments for delinquent accounts for Waste Management (WM) refuse/recycling collection services debt transferred to the City, close the public hearing; and 2) adopt a Resolution approving the list of unpaid billing debt accounts transferred to the City from Waste Management (WM) for refuse and recycling collection services invoiced January 1, 2025 through December 1, 2025 and ordering the levy and collection of assessments to the owners of properties that received the collection services associated with the unpaid debt accounts. 10(A) RESOLUTION APPROVING AND ORDERING THE LEVY AND

COLLECTION OF SPECIAL ASSESSMENTS FOR UNPAID BILLING FOR REFUSE AND RECYCLING SERVICES.PDF
Consideration: Resolution Approving The Annual Assessment Report And Ordering The Levy And Collection Of Assessments For The Riverview Gardens Landscape Maintenance District For Fiscal Year 2026-27
Recommendation: adopt Resolution No 2026-5092, approving the Final Engineers Report and ordering the levy and collection of assessments for the Riverview Gardens Landscape Maintenance District, pursuant to provisions of the Landscaping and Lighting Act of 1972 of the Streets and Highways Code of the State of California. 10(B) RIVERVIEW GARDENS ANNUAL ASSESSMENT AND LEVYING.PDF

REGULAR BUSINESS
Consideration: Pre-Construction Design And Engineering Services Authorizing The City Manager To Sign Agreements And Documents Related To Transferring The King City Multimodal Transit Center To TAMC
Recommendation: 1) authorize the City Attorney to approve the final Pre-Construction Design and Engineering Services Assignments and Assumption Agreement, and 2) authorize the City Manager to sign the final Pre-Construction Design and Engineering Services Assignments and Assumption Agreement.
11(A) KING CITY MULTIMODAL TRANSIT CENTER TO TAMC.PDF
Documents:

Documents:

10. A.

Documents:

11. A.

Documents:
authorize the City Manager to sign the final Pre-Construction Design and Engineering Services Assignments and Assumption Agreement.
11(A) KING CITY MULTIMODAL TRANSIT CENTER TO TAMC.PDF

CITY COUNCIL CLOSED SESSION
Announcement(s) of any reportable action(s) taken in Closed Session will be made in open session and repeated at the beginning of the next Regular City Council meeting as this portion of the meeting is not recorded.

ADJOURNMENT

ELECTIONS
Documents:

12. 13.

14.

Page 1 of 4 ends

City Council Meeting
June 9, 2026

1.__CALL TO ORDER:

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

2.__ROLL CALL:

City Council: Mayor Mike LeBarre, Mayor Pro Tem Carlos DeLeon, Council member Rob Cullen (Absent), Council member Carlos Victoria, Council members Oscar Avalos.

City Staff: City Manager José Arreola, City Attorney Roy Santos; Customer Service Yesenia Rivas

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

No reportable action

5.__SPECIAL PRESENTATIONS:

None

6. PUBLIC COMMUNICATIONS:

None

7. COUNCIL COMMUNICATIONS:

Councilmember Victoria stated King City High School Graduation last Friday and Middle School promotion tomorrow. He had his 33-year working with the school district. Saul Martinez who had suggestions to work with King City Recreation Department for a bike pump truck and batting cages for our youth. He handed out a letter from Mr. Martinez that explains what benefits they provide. Councilmember Victoria hopes we will be able to work with him.

Mayor Pro Tem DeLeon stated he had nothing to report tonight.

Mayor LeBarre stated took a tour of the Jobi facility in Marina it was impressive. He thanked Maricruz for attending as it had to do with the airport. Soledad requested letters of support for improvements in housing and sewer system. He asked if it was ok for him to do that. Council all said yes.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager José Arreola expressed his thanks to Maricruz as well for her attendance to the Jobi facility.

June 1st, he attended the Mayors and City Manager meeting. June 2nd he was the Administrative Hearing Officer for the administrative hearing for DB A Growth LLC. June 5th he attended the infrastructure submit in Salinas. There are some opportunities for city projects. June 8th, he presided over the first Airport Advisory Committee Meeting, he thanked Maricruz Aguilar and Anthony Storelli for attending as well.

June 25th launching our Blue Zones community walks through August. Pool is open for lap swimming, water aerobics, and rec swim. Police Department continues their e-bikes and electric scooter education campaign. There was a bomb threat to the high school, everyone was evacuated without incident; it is thought to be a hoax. Broadway and Bassett are being crack sealed and a slurry applied. He stated that 9(A)

Page 2 of 4 ends

Council may notice that Ms. Erica Sonne is not in attendance tonight, but we have Ms. Yesenia Rivas here filling in. He stated that it was figured out that we needed some training if Ms. Sonne couldn’t be in attendance. She did some good training with Ms. Rivas and Alicia Trujillo. Ms. Liberto is in the audience and she will be retiring soon and this maybe one of the last meetings for her.

9. CONSENT
A. Consideration: Meeting Minutes of May 26, 2026, Council Meeting B. Consideration: City of King Check Register May 16, 2026, through May 31, 2026 C. Consideration: 2026 Local Agency Biennial Notice on Conflict of Interest Code.

D. Consideration: Resolution for the 2026 General Municipal Election E. Consideration: Consideration: Confirmation of Election of King City Volunteer Fire Department Officers and Engineers
F. Consideration: Approve Agreement with Pavement Engineering, Inc. for Inspection & Construction Management Services for the 2025 CDBG Pavement Rehabilitation Project G. Consideration: Cancellation of July 28, 2026 Meeting Mayor LeBarre pulled Item E. to thank the King City Volunteer Fire Department and read all their names and positions into the record and confirmed their positions. • Chief: Matthew Owens
• First Assistant Chief: Michael Hearne
• Second Assistant Chief: John Nuno
• Secretary/Treasurer: Mark Phillips
• Chief Engineer: Steve Rianda
• First Assistant Engineer: George Young
• Second Assistant Engineer: Ty Caulk
• Third Assistant Engineer: Robert Eddington
• Fourth Assistant Engineer: Joseph Kerr
• Fifth Assistant Engineer: Mark Silveira
• Sixth Assistant Engineer: Izzy Silva
• Seventh Assistant Engineer: Carlos Perez
Action: Motion to approve consent agenda items A -D and F, G by Victoria seconded by Avalos.

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

ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:

Councilmember Victoria thanked the fire department for a call that they came to at the school a couple of weeks ago.

Action: Motion to approve consent agenda item E by Avalos seconded by Victoria.

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

ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:

Page 3 of 4 ends

10. PUBLIC HEARINGS:

A. Consideration: Continued Item from May 26, 2026 An Ordinance of the City Council of the City of King Repealing Title 17, Chapter 17.47, of the King City Municipal Code and Replacing it with a New Chapter 17.47 Regulating the Development of Accessory Dwelling Units (ADU) Consistent with State Law
Mayor LeBarre read the ordinance by title only into the record.

Community Development Director Liberto introduced this item.

Mayor LeBarre opened the hearing, allowed for the public testimony; after seeing no one come forward he closed the public hearing.

Action: Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance and conduct the second reading at the next regularly scheduled City Council meeting by Avalos seconded by DeLeon.

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

ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:

11. REGULAR BUSINESS
A. Consideration: Draft King City Vision Zero Safety Plan Presentation Recommendation: Receive a presentation by Doug Bilse, Principal Engineer of the Transportation Agency of Monterey County (TAMC) regarding the Draft King City Safety Plan. The City Council and community comments are requested for near future adoption by the City Council of the King City Vision Zero Action Plan.

City Council received the presentation from Doug Bilse, TAMC and made comments.

Mayor LeBarre would like to add electric bikes, also electric scooters and regular scooters as well. Tapping into a youth organization to be able to work together as a whole to get the messaging out. Sidewalk signs saying look or look both ways at intersections.

Mayor LeBarre opened it up to the public for comments.

Action: Motion to move staffs’ recommendation by Avalos seconded by Victoria.

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

ABSENT: Council Members: Cullen,
ABSTAIN: Council Members:

12. CITY COUNCIL CLOSED SESSION
None

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:32p.m.

Page 4 of 4 ends

Approved Signatures:

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

REPORT TO THE CITY COUNCIL
DATE: JUNE 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ERICA SONNE, CITY CLERK
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF CITY OF KING CHECK REGISTER JUNE
1 THROUGH JUNE 15, 2026
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

At least once a month, the City Treasurer shall submit to the City Council, a copy of the invoices paid for the previous month.

DISCUSSION:

The purpose of this item is to provide the Council an opportunity to review and monitor ongoing expenditures. These documents are attached.

COST ANALYSIS:

There is no fiscal impact as a result of this action.

ENVIRONMENTAL REVIEW:

No Environmental Review required for this item.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Receive and file the report; or

2. Provide other direction to staff regarding requests for additional information.

CITY COUNCIL/CITY
CONSIDERATION OF CITY OF KING CHECK REGISTER JUNE 1 THROUGH JUNE 16, 2026
JUNE 23, 2026
PAGE 2 OF 2
Exhibits:

1. Check Register Report
6/11/2026 11:52:47 AM Page 1 of 20
Check Report
King City, CA By Vendor Name
Date Range: 06/01/2026 - 06/15/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: POOL-WFB-POOL - WELLS FARGO BANK
Payment Type: EFT
ADAMS ADAMS ASHBY GROUP LLC 06/05/2026 EFT 0.00 19,665.75 10546 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 7660 Invoice 06/05/2026 PLHA Grant Administrtion 0.00 1,665.75 121-0000-61500 Professional Services PLHA Grant Administrtion 1,665.75 7661 Invoice 06/05/2026 CBDG Neighborhood Street Project 0.00 8,000.00 100-2800-68110 Capital - Improvements CBDG Neighborhood Street Proj… 8,000.00 7662 Invoice 06/05/2026 CBDG Neighborhood Street Project 0.00 10,000.00 100-2800-68110 Capital - Improvements CBDG Neighborhood Street Proj… 10,000.00 Total EFT: 0.00 19,665.75
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 2 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
KCTVHARD ALCANTAR HARDWARE INC 06/05/2026 Regular 0.00 655.08 74281 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 590674 Invoice 06/05/2026 Replacement Sprayer 0.00 8.68 100-2400-61810 Tools & Minor Equipment Replacement Sprayer 8.68 591453 Invoice 06/05/2026 WWTF Bug Foggers 0.00 22.99
310-0000-61800 Repairs & Maintenance WWTF Bug Foggers 22.99 591524 Invoice 06/05/2026 Lime for Softball Fields 0.00 78.28 100-2400-61800 Repairs & Maintenance Lime for Softball Fields 78.28 591570 Invoice 06/05/2026 Operating Supplies 0.00 33.88 100-2100-61220 Operational Supplies Operating Supplies 33.88 591746 Invoice 06/05/2026 Cental Park Locks 0.00 26.09
100-2400-61800 Repairs & Maintenance Cental Park Locks 26.09 591765 Invoice 06/05/2026 Splash Pad Repair Supplies 0.00 58.69 100-2500-61800 Repairs & Maintenance Splash Pad Repair Supplies 58.69 591798 Invoice 06/05/2026 Graffiti Removal Supplies 0.00 17.60 100-2400-61800 Repairs & Maintenance Graffiti Removal Supplies 17.60 591918 Invoice 06/05/2026 Grader Blade Repair 0.00 78.28 310-0000-61801 Equipment Repair & Main… Grader Blade Repair 78.28 591928 Invoice 06/05/2026 No Parking Sign Supplies 0.00 43.48 410-0000-61229 Supplies-Street Signs No Parking Sign Supplies 43.48 592159 Invoice 06/05/2026 Irrigation Timer Batteries 0.00 21.74 100-2400-61800 Repairs & Maintenance Irrigation Timer Batteries 21.74 592183 Invoice 06/05/2026 Tool Oil 0.00 27.18
100-2400-61898 Equipment Repair & Main… Tool Oil 27.18
592184 Invoice 06/05/2026 Paint 0.00 157.68
100-2400-61800 Repairs & Maintenance Paint 157.68
592278 Invoice 06/05/2026 Grease 0.00 29.33
100-2400-61898 Equipment Repair & Main… Grease 29.33
592400 Invoice 06/05/2026 Batteries and Zip Ties 0.00 35.32 100-2600-61220 Operational Supplies Batteries and Zip Ties 35.32 592414 Invoice 06/05/2026 Graffiti Removal Supplies 0.00 15.86 100-2400-61800 Repairs & Maintenance Graffiti Removal Supplies 15.86 AMAZON AMAZON CAPITAL SERVICES INC 06/05/2026 Regular 0.00 787.58 74282 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 13VV-R3K1-MKGF Invoice 06/05/2026 Pool Chemicals 0.00 269.70 100-2500-61270 Chemicals Pool Chemicals 269.70
14QF-7YM9-HJHD Invoice 06/05/2026 Day Camp Wristbands 0.00 28.80 100-2600-61220 Operational Supplies Day Camp Wristbands 28.80 1H3W-9LX6-CLHT Invoice 06/05/2026 Cleaning Supplies 0.00 45.55 100-2500-61220 Operational Supplies Cleaning Supplies 45.55 1N9P-Q6GN-LG… Invoice 06/05/2026 Cleaning and Breakroom Supplies 0.00 97.47 100-1800-61210 Office Supplies Cleaning and Breakroom Supplies 97.47 1PCR-4X97-DTVF Invoice 06/05/2026 Small Tools 0.00 346.06 310-0000-61500 Professional Services Small Tools 346.06 Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 3 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number ANTHEM BLU ANTHEM BLUE CROSS 06/05/2026 Regular 0.00 3,881.71 74276 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001668 Invoice 06/05/2026 HEALTH INSURANCE DEDUCTION 0.00 3,881.71 100-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 3,441.89 120-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 0.53 225-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 21.42 310-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 262.68 410-0000-21150 Health Insurance Payable EE HEALTH INSURANCE DEDUCT… 155.19 CARMEL FIR ART BLACK 06/05/2026 Regular 0.00 2,750.00 74283 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 126208 Invoice 06/05/2026 Commercial Fire Alarm System 0.00 250.00 100-1400-61500 Professional Services Commercial Fire Alarm System 250.00 2026-04 Invoice 06/05/2026 Fire Inspections 0.00 2,500.00 100-1400-61500 Professional Services Fire Inspections 2,500.00 AT&T - C AT&T Calnet 3 06/05/2026 Regular 0.00 218.53 74284 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 000025291638 Invoice 06/05/2026 KCPD Line 0.00 32.44
100-1600-61595 911 Dispatch Services KCPD Line 32.44
000025291639 Invoice 06/05/2026 Phone Bill 0.00 80.72
100-1700-61700 Telephone/Data/Pager 80.71 80.72
000025292226 Invoice 06/05/2026 911 Line 0.00 32.44
100-1600-61595 911 Dispatch Services 911 Line 32.44
000025292806 Invoice 06/05/2026 Phone Bill 0.00 32.83
100-1700-61700 Telephone/Data/Pager Phone Bill 32.83
000025292807 Invoice 06/05/2026 Phone Service 0.00 40.10 100-1800-61710 Cellular Phones 100180061710 40.10
CPRSM CALIFORNIA PARK & RECREATION Society Membership 06/05/2026 Regular 0.00 585.00 74285 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2380 Invoice 06/05/2026 CPRS Membership 0.00 585.00
100-2600-61110 Membership Dues CPRS Membership 585.00
CALSTATE CALSTATE SUPPLY, INC. 06/05/2026 Regular 0.00 1,675.89 74286 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 9915193016 Invoice 06/05/2026 Drinking Fountain Repairs 0.00 1,675.89 100-2400-61800 Repairs & Maintenance Drinking Fountain Repairs 1,675.89 BONNER CAROLYN JOY BONNER 06/05/2026 Regular 0.00 200.00 74287 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 06012026 Invoice 06/05/2026 SOCOS 0.00 200.00
100-2600-61500 Professional Services SOCOS 200.00
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 4 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number CITY OF KI CITY OF KING 06/05/2026 Regular 0.00 2,908.04 74288 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 06022026 Invoice 06/05/2026 Sewer Services 0.00 2,908.04 100-1600-61730 Utilities - Water Sewer Services 36.75
100-1700-61730 Utilities - Water Sewer Services 36.75
100-1800-61730 Utilities - Water Sewer Services 39.79
100-1800-61730 Utilities - Water Sewer Services 290.25
100-2100-61730 Utilities - Water Sewer Services 208.00
100-2400-61730 Utilities - Water Sewer Services 2,296.50 CNC ELECTR CLARK N CLEVENGER CNC ELECTRIC AND OUTDOOR POWER 06/05/2026 Regular 0.00 209.06 74289 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 9036 Invoice 06/05/2026 New Starter Solenoid - Engine 8515 0.00 209.06 100-1700-61830 Vehicle Repairs & Mainte… New Starter Solenoid - Engine 8… 209.06 COASTAL COASTAL TRACTOR 06/05/2026 Regular 0.00 790.78 74290 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount IK11494 Invoice 06/05/2026 7220 Repair 0.00 401.85
310-0000-61801 Equipment Repair & Main… 7220 Repair 401.85 IW00008 Invoice 06/05/2026 Large Mower Repair 0.00 388.93 100-2400-61810 Tools & Minor Equipment Large Mower Repair 388.93 DIMES MEDI DIMES MEDIA CORPORATION 06/05/2026 Regular 0.00 250.00 74291 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5412 Invoice 06/05/2026 KRKC Ads 0.00 250.00
100-2600-61125 Advertising KRKC Ads 250.00
EARTHSYS EARTH SYSTEMS PACIFIC 06/05/2026 Regular 0.00 13,419.60 74292 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 861462 Invoice 06/05/2026 EV Charging Station Phase II 0.00 13,419.60 120-0000-61500 Professional Services EV Charging Station Phase II 13,419.60 ENGIE ENGIE SERVICES US INC 06/05/2026 Regular 0.00 3,101.08 74293 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 90072002 Invoice 06/05/2026 Municipal Pool Service Contract 0.00 3,101.08 100-2500-61800 Repairs & Maintenance Municipal Pool Service Contract 3,101.08 HINDERLITE HINDERLITER DELLAMAS & ASSOC 06/05/2026 Regular 0.00 1,999.79 74294 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount SIN063395 Invoice 06/05/2026 Sales Tax (Apr-Jun 2026) and Audit Services 0.00 1,999.79 100-2000-61500 Professional Services Sales Tax (Apr-Jun 2026) and Au… 1,999.79 INDUSTR MA INDUSTRIAL MACHINE SHOP 06/05/2026 Regular 0.00 27,529.50 74295 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 026979 Invoice 06/05/2026 Pump Replacement/Rebuild WWTF Head… 0.00 13,764.75 310-0000-61800 Repairs & Maintenance Pump Replacement/Rebuild W… 13,764.75 026980 Invoice 06/05/2026 Pump Replacement WWTF Headworks 0.00 13,764.75 310-0000-61800 Repairs & Maintenance Pump Replacement WWTF Hea… 13,764.75 Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 5 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number ICC INC INTERNATIONAL CODE COUNCIL INC 06/05/2026 Regular 0.00 170.00 74296 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Q15.00042326 Invoice 06/05/2026 ICC Membership 0.00 170.00 100-1400-61110 Membership Dues ICC Membership 170.00
IVAN GARCI JESUS IVAN GARCIA 06/05/2026 Regular 0.00 600.00 74297 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2600014 Invoice 06/05/2026 Staff Pictures 0.00 600.00
100-1600-61220 Operational Supplies Staff Pictures 600.00 TOGNE JOE TOGNETTI 06/05/2026 Regular 0.00 210.00 74298 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5729 Invoice 06/05/2026 Starter Coil Replacement - Engine 8515 0.00 210.00 100-1700-61830 Vehicle Repairs & Mainte… Starter Coil Replacement - Engin… 210.00 PARTIDAJ JOSHUE PARTIDA 06/05/2026 Regular 0.00 387.00 74299 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 06022026 Invoice 06/05/2026 CAPE Property & Evidence Training 0.00 387.00 100-1600-62001 Conference, Travel & Mea… CAPE Property & Evidence Train… 387.00 PARTIDAJ JOSHUE PARTIDA 06/05/2026 Regular 0.00 -387.00 74299 PARAMOJU JULIA M HERNANDEZ 06/05/2026 Regular 0.00 58.50 74300 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount May 2026 Invoice 06/05/2026 Translating Services 0.00 58.50 100-1100-61500 Professional Services Translating Services 58.50 K.C.P.O.A. K.C.P.O.A. 06/05/2026 Regular 0.00 600.00 74277 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001672 Invoice 06/05/2026 KCPOA UNION DUES 0.00 600.00 100-0000-21173 KCPOA Union Dues KCPOA UNION DUES 586.03 225-0000-21173 KCPOA Union Dues KCPOA UNION DUES 13.97
K.C.P.S.A. K.C.P.S.A. 06/05/2026 Regular 0.00 255.00 74278 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001673 Invoice 06/05/2026 KCPSA UNION DUES 0.00 255.00 100-0000-21174 KCPSA Union Dues KCPSA UNION DUES 251.25 225-0000-21174 KCPSA Union Dues KCPSA UNION DUES 3.75
KC GLASS KING CITY GLASS SERVICES 06/05/2026 Regular 0.00 750.01 74301 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount KC20352 Invoice 06/05/2026 Windsheild Repair 0.00 750.01 100-1600-61830 Vehicle Repairs & Mainte… Windsheild Repair 750.01 Total Regular: 0.00 63,605.15
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 6 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
LA HEARNE LA HEARNE COMPANY 06/05/2026 EFT 0.00 1,150.51 10547 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1547940 Invoice 06/05/2026 Pool Chemicals 0.00 1,074.41 100-2500-61270 Chemicals Pool Chemicals 1,074.41
1548018 Invoice 06/05/2026 Public Works Week BBQ Supplies 0.00 76.10 100-2100-62001 Conference, Travel & Mea… Public Works Week BBQ Supplies 76.10 Total EFT: 0.00 1,150.51
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 7 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
LINCOLN LINCOLN AQUATICS 06/05/2026 Regular 0.00 45,419.55 74302 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Q2033883 Invoice 06/05/2026 Chlorinators 0.00 45,419.55 100-2800-68110 Capital - Improvements Chlorinators 45,419.55 ESPINOLOR LORENZO ESPINO JR 06/05/2026 Regular 0.00 4,180.00 74303 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 01 Invoice 06/05/2026 CPR Class 0.00 4,180.00
100-2500-62000 Travel, Meetings & Traini… CPR Class 4,180.00 METROUNIFORM MADERA UNIFORM & ACCESSORIES 06/05/2026 Regular 0.00 79.30 74304 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 306893 Invoice 06/05/2026 Polo Shirt 0.00 79.30
100-1600-61340 Uniform Purchase Polo Shirt 79.30
LEBARRE MIKE LEBARRE 06/05/2026 Regular 0.00 176.40 74305 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 04162026 Invoice 06/05/2026 CASP Award - Coastal Commission 0.00 67.20 100-1000-62000 Travel, Meetings & Traini… CASP Award - Coastal Commissi… 67.20 05282026 Invoice 06/05/2026 See Monterey Briefing and Joby Tour 0.00 109.20 100-1000-62000 Travel, Meetings & Traini… See Monterey Briefing and Joby … 109.20 Total Regular: 0.00 49,855.25
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 8 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
CYPRESSW MILES CLIFFORD FARMER CYPRESS WATER SERVICE INC 06/05/2026 EFT 0.00 329.50 10548 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 27475 Invoice 06/05/2026 MBAS Services 0.00 329.50
310-0000-61800 Repairs & Maintenance MBAS Services 329.50 Total EFT: 0.00 329.50
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 9 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
ICMA RETIR MISSION SQUARE-302397 06/05/2026 Regular 0.00 5,829.70 74279 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001665 Invoice 06/05/2026 EMPLOYER MATCH - ICMA DC 0.00 834.95 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 717.33 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 61.97 410-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 55.65 INV0001666 Invoice 06/05/2026 EMPLOYER MATCH - ICMA DC 0.00 677.43 100-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 588.98 310-0000-21141 ICMA Deferred Compensa… EMPLOYER MATCH - ICMA DC 88.45 INV0001669 Invoice 06/05/2026 DEF COMP EMPLOYEE 0.00 2,279.61 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 2,013.02 225-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 16.61 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 220.00 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 29.98 INV0001670 Invoice 06/05/2026 DEF COMP EMPLOYEE 0.00 1,764.60 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 1,579.17 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 49.29 410-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 136.14 INV0001671 Invoice 06/05/2026 DEF COMP EMPLOYEE 0.00 273.11 100-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 247.07 225-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 4.03 310-0000-21141 ICMA Deferred Compensa… DEF COMP EMPLOYEE 22.01 MO HEALTH MONTEREY COUNTY HEALTH DEPT 06/05/2026 Regular 0.00 1,167.00 74306 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1247080 Invoice 06/05/2026 WWTP Operating Permit 0.00 1,167.00 310-0000-64110 Regulatory Permits & Lice… WWTP Operating Permit 1,167.00 NEWSV NEW SV MEDIA INC 06/05/2026 Regular 0.00 465.85 74307 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 178295 Invoice 06/05/2026 Public Hearing Notice CUP26-000001 0.00 465.85 100-1300-61100 Public Notices Public Hearing Notice CUP26-00… 465.85 Total Regular: 0.00 7,462.55
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 10 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
MAGICC NORMA L DOMINGUEZ 06/05/2026 EFT 0.00 12,000.00 10549 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 5038 Invoice 06/05/2026 Janitorial Services 0.00 12,000.00 100-1400-61500 Professional Services Janitorial Services 12,000.00 Total EFT: 0.00 12,000.00
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 11 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
OPTERRA OPTERRA ENERGY SERVICES, LLC 06/05/2026 Regular 0.00 5,265.50 74308 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 90077353 Invoice 06/05/2026 WWTP Inverter Replacements 0.00 5,265.50 310-0000-61500 Professional Services WWTP Inverter Replacements 5,265.50 O'REILLY A O'REILLY AUTOMOTIVE INC 06/05/2026 Regular 0.00 43.76 74309 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3133-232988 Invoice 06/05/2026 Unit 122 Fuse 0.00 17.38 100-1600-61830 Vehicle Repairs & Mainte… Unit 122 Fuse 17.38 3133-233473 Invoice 06/05/2026 Truck 54 Tire Repair 0.00 26.38 100-2400-61893 Vehicle Repairs & Mainte… Truck 54 Tire Repair 26.38 PARTS & SE PARTS & SERVICE CTR- NAPA INC 06/05/2026 Regular 0.00 711.36 74310 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 711002 Invoice 06/05/2026 Mower Fuse 0.00 61.65
100-2400-61898 Equipment Repair & Main… Mower Fuse 61.65 711087 Invoice 06/05/2026 Small Mower Repair 0.00 39.12 100-2400-61898 Equipment Repair & Main… Small Mower Repair 39.12 711378 Invoice 06/05/2026 Truck 56 Replacement Lights 0.00 352.81 100-2400-61898 Equipment Repair & Main… Truck 56 Replacement Lights 352.81 711431 Invoice 06/05/2026 Mower Solenoid 0.00 257.78
100-2400-61800 Repairs & Maintenance Mower Solenoid 257.78 PAC PG&E 06/05/2026 Regular 0.00 286.02 74311
Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 05262026 Invoice 06/05/2026 Electricity for Cameras 0.00 153.19 100-1600-61720 Utilities - Gas & Electricity Electricity for Cameras 153.19 05282026 Invoice 06/05/2026 Electricity 0.00 132.83
310-0000-61720 Utilities - Gas & Electricity Electricity 132.83 PBGFS PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC06/05/2026 Regular 0.00 435.51 74312 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 3107908094 Invoice 06/05/2026 Intersting Machine Lease 0.00 435.51 100-1800-61200 Postage, Shipping & Freig… Intersting Machine Lease 435.51 SEIU SEIU LOCAL 521 06/05/2026 Regular 0.00 591.28 74280 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001682 Invoice 06/05/2026 SEIU UNION DUES 0.00 591.28 100-0000-21196 City Reimb Payable SEIU UNION DUES 447.54 120-0000-21196 City Reimb Payable SEIU UNION DUES 0.25
310-0000-21196 City Reimb Payable SEIU UNION DUES 71.60 410-0000-21196 City Reimb Payable SEIU UNION DUES 71.89 Total Regular: 0.00 7,333.43
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 12 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
SMITHE SMITH & ENRIGHT LANDSCAPING INC 06/05/2026 EFT 0.00 665.00 10550 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 4506 Invoice 06/05/2026 Riverview Gardens Landscaping Maintena… 0.00 665.00 610-0000-66170 Landscape Maintenance Riverview Gardens Landscaping… 665.00 Total EFT: 0.00 665.00
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 13 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
SMCJUHSD SOUTH MONTEREY COUNTY JUHSD Business Office06/05/2026 Regular 0.00 234.94 74313 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV26-00080 Invoice 06/05/2026 KCHS 0.00 164.96
100-2600-61560 Maintenance Agreements KCHS 164.96
INV26-00082 Invoice 06/05/2026 KCHS Basketball 0.00 69.98 100-2600-61560 Maintenance Agreements KCHS Basketball 69.98 Total Regular: 0.00 234.94
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 14 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
SPECTRUMT SPECTRUM ENTERPRISE Charter Communication 06/05/2026 EFT 0.00 1,755.59 10551 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 113362301052126 Invoice 06/05/2026 Internet 0.00 1,755.59 100-1800-61700 Telephone/Data/Pager Internet 1,755.59
Total EFT: 0.00 1,755.59
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 15 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
STAPLESINC STAPLES, INC 06/05/2026 Regular 0.00 529.39 74314 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 6065147763 Invoice 06/05/2026 Office Supplies 0.00 10.20 100-1500-61210 Office Supplies Office Supplies 10.20
6065147764 Invoice 06/05/2026 Office Supplies 0.00 467.08 100-1500-61210 Office Supplies Office Supplies 235.31
100-1800-61210 Office Supplies Office Supplies 231.77
6065147765 Invoice 06/05/2026 Office Supplies 0.00 52.11 100-1800-61210 Office Supplies Office Supplies 52.11
STERI STERICYCLE INC 06/05/2026 Regular 0.00 162.54 74315 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 8014307779 Invoice 06/05/2026 Hazardous Waste 0.00 162.54 100-1600-61500 Professional Services Hazardous Waste 162.54 SUN STREET SUN STREET CENTERS 06/05/2026 Regular 0.00 11,072.65 74316 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount KING-R2S-132 Invoice 06/05/2026 Road to Success 25/26 0.00 6,143.14 100-2000-61500 Professional Services Road to Success 25/26 6,143.14 KING-R2S-133 Invoice 06/05/2026 Road to Success 25/26 0.00 4,929.51 100-2000-61500 Professional Services Road to Success 25/26 4,929.51 Total Regular: 0.00 11,764.58
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 16 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
WELBURNT TESS WELBURN 06/05/2026 EFT 0.00 1,215.00 10552 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount KC202605 Invoice 06/05/2026 Payroll Services 0.00 1,215.00 100-1500-61500 Professional Services Payroll Services 1,215.00 Total EFT: 0.00 1,215.00
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 17 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
LEW THE LEW EDWARDS GROUP 06/05/2026 Regular 0.00 17,250.00 74317 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 007 Invoice 06/05/2026 Sales Tax Consultant Services 0.00 5,750.00 100-1100-61500 Professional Services Sales Tax Consultant Services 5,750.00 010.11 Invoice 06/05/2026 Sales Tax Consultant Services 0.00 11,500.00 100-1100-61500 Professional Services Sales Tax Consultant Services 11,500.00 Total Regular: 0.00 17,250.00
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 18 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: EFT
TORO TORO PETROLEUM CORP 06/05/2026 EFT 0.00 9,752.09 10553 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount CL98109 Invoice 06/05/2026 Gas 0.00 4,109.12
100-1600-61840 Fuel & Oil Gas 4,109.12
CL98571 Invoice 06/05/2026 Gas 0.00 3,927.59
100-1600-61840 Fuel & Oil Gas 3,927.59
CL98711 Invoice 06/05/2026 Fuel 0.00 1,715.38
100-1400-61840 Fuel & Oil Fuel 300.48
100-1800-61840 Fuel & Oil Fuel 49.94
100-2100-61840 Fuel & Oil Fuel 127.27
100-2400-61840 Fuel & Oil Fuel 308.05
310-0000-61840 Fuel & Oil Fuel 341.05
410-0000-61840 Fuel & Oil Fuel 470.17
410-0000-61840 Fuel & Oil Fuel 118.42
Total EFT: 0.00 9,752.09
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 19 of 20
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payment Type: Regular
U.S. BANCO US BANK EQUIPMENT FINANCE 06/05/2026 Regular 0.00 19,253.76 74318 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 582391009 Invoice 06/05/2026 Motorola Radio Contract 0.00 18,967.01 413-0000-68129 Capital - Equipment Motorola Radio Contract 18,967.01 582558839 Invoice 06/05/2026 Printer Lease 0.00 286.75
100-1600-61560 Maintenance Agreements Printer Lease 286.75 VERIZON WI VERIZON WIRELESS 06/05/2026 Regular 0.00 1,340.13 74319 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 6143402445 Invoice 06/05/2026 Wireless Service 0.00 846.00 100-1100-61710 Cellular Phones Wireless Service 134.78
100-1300-61710 Cellular Phones Wireless Service 82.78
100-1600-61710 Cellular Phones Wireless Service 304.32
100-1800-61710 Cellular Phones Wireless Service 41.39
100-2100-61710 Cellular Phones Wireless Service 255.37
100-2600-61710 Cellular Phones Wireless Service 27.36
6143704316 Invoice 06/05/2026 MDT's 0.00 494.13
100-1600-61711 Mobile Network Connecti… MDT's 494.13
CONTREVERO VERONICA CONTRERAS 06/05/2026 Regular 0.00 219.32 74320 Account Number Account Name Item Description Distribution Amount Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 06032026 Invoice 06/05/2026 Risk Seminar - Hotel 0.00 219.32 100-1100-61760 Budget Contingency Risk Seminar - Hotel 219.32 Total Regular: 0.00 20,813.21
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code POOL-WFB Summary
Bank Drafts
EFT's
45 0
1 0
8 0.00

0.00 0.00

0.00 0.00
54 0.00
Payment
178,706.11

0.00 -387.00

0.00 46,533.44
224,852.55
Payable
Count
87 0
0 0
13 100
Check Report Date Range: 06/01/2026 - 06/15/2026
6/11/2026 11:52:47 AM Page 20 of 20
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
45 0
1 0
8 0.00

0.00 0.00

0.00 0.00
54 0.00
178,706.11

0.00 -387.00

0.00 46,533.44
224,852.55
87 0
0 0
13 100
Fund Name Period Amount
Fund Summary
999 Pooled Cash Fund 6/2026 224,852.55
224,852.55

Page 1 of 1 ends

City Council Special Meeting
June 9, 2026

1.__CALL TO ORDER:

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

2.__ROLL CALL:

City Council: Mayor Mike LeBarre, Mayor Pro Tem Carlos DeLeon, Council member Carlos Victoria, Council members Oscar Avalos,
City Staff: City Manager Jose Arreola, City Attorney Roy Santos No public comment

3. CLOSED SESSION
A. Conference with Legal Counsel – Commencing Litigation Pursuant to Government Code Section §54956.9(d): one (1) case.

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 7:14p.m.

Approved Signatures:

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

REPORT TO THE CITY COUNCIL
DATE: JUNE 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DOREEN LIBERTO, AICP, COMMUNITY DEVELOPMENT

DIRECTOR
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF CONDUCTING THE SECOND READING

AND ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF KING REPEALING TITLE 17, CHAPTER 17.47, OF

THE KING CITY MUNICIPAL CODE AND REPLACING IT WITH A
NEW CHAPTER 17.47 REGULATING THE DEVELOPMENT OF

ACCESSORY DWELLING UNITS CONSISTENT WITH STATE
LAW
RECOMMENDATION:

It is recommended that the City Council conduct a public hearing and second reading and adopt an Ordinance repealing Title 17, Chapter 17.47 of the King City Municipal Code and replace it with a new Chapter 17.47 regulating the development of accessory dwelling units to be read by title only, open the hearing, allow for the public testimony, close the hearing, waive first reading of the Ordinance and approve the introduction of the Ordinance, and conduct the second reading at the next regularly scheduled City Council meeting.

BACKGROUND:

Accessory Dwelling Units (ADUs) are a critical component of the State’s strategy to address California’s housing shortage and increase the supply of smaller, more affordable housing options. In recent years, the State Legislature has adopted a series of laws to reduce barriers to ADU development and to require local jurisdictions to ministerially approve qualifying ADU applications.

The City previously adopted regulations governing ADUs in compliance with State law. However, the California Legislature continues to amend ADU statutes

CITY COUNCIL

CONSIDERATION OF CONDUCTING THE SECOND READING AND

ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING TITLE 17, CHAPTER 17.47, OF THE KING CITY MUNICIPAL CODE AND REPLACING IT WITH A NEW CHAPTER 17.47 REGULATING

THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT

WITH STATE LAW
JUNE 23, 2026
PAGE 2 OF 4
on a regular basis, and recent changes to State law have introduced new requirements and clarified existing provisions related to development standards, permitting timelines, and the allowance of both Accessory Dwelling Units and Junior Accessory Dwelling Units (JADUs).

Pursuant to State law, local ADU ordinances must be consistent with current statutory requirements. Ordinances that are not updated may be subject to automatic nullification of noncompliant provisions, with State standards prevailing. Therefore, periodic updates are necessary to ensure local regulations remain enforceable and aligned with State law.

The proposed ordinance includes actions to repeal the existing Chapter 17.47 and replace it with an amended Chapter 17.47 which will bring the City’s ADU regulations into compliance with recent changes to State law, streamline the review process, and remove any provisions that may conflict with current legal requirements. These updates will also help facilitate ADU development while maintaining consistency with applicable planning and zoning standards.

On May 5, 2026, the Planning Commission considered a resolution recommending approval of the ordinance. The resolution motion for adoption failed on a 2–2 vote. A failed motion means the Planning Commission made no recommendation to the City Council. The two commissioners voting against the resolution expressed concern that the state is increasingly encroaching on local government authority. The public hearing on this item was continued from May 26, 2026 to June 9, 20226, to provide staff with sufficient time to respond to a letter from the California Housing Defense Fund (CalHDF). Staff made minor modifications to the Ordinance in response to CalHDF’s comments. On June 4, 2026, James M. Lloyd, Director of Planning and Investigations for CalHDF, sent an email stating that the proposed amendments to the Ordinance resolved their issues. On June 9, 2026, the City Council conducted the first reading of the amended Ordinance.

DISCUSSION:

The proposed ordinance amending the City’s ADU regulations is intended to ensure full consistency with current State law, which continues to evolve to promote the development of ADUs as a means of addressing California’s housing shortage. The amendments incorporate updated statutory requirements related to ministerial review, development standards, and the prohibition of

CITY COUNCIL

CONSIDERATION OF CONDUCTING THE SECOND READING AND

ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING TITLE 17, CHAPTER 17.47, OF THE KING CITY MUNICIPAL CODE AND REPLACING IT WITH A NEW CHAPTER 17.47 REGULATING

THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT

WITH STATE LAW
JUNE 23, 2026
PAGE 3 OF 4
discretionary constraints that could impede ADU construction. As proposed, the ordinance will meet State law by aligning local regulations with applicable provisions of the California Government Code and ensuring that ADUs are permitted in a manner consistent with State mandates.

In addition to establishing compliance with State law, the ordinance includes objective performance standards to ensure that new ADUs are compatible with existing neighborhood character. Specifically, the ordinance provides architectural compatibility standards that are carefully structured to remain consistent with State limitations on local discretion. To the extent permitted by State law, an ADU shall be designed to be architecturally compatible with the primary dwelling on the lot. Any architectural compatibility requirements shall be interpreted and applied as objective design standards and shall not have the effect of physically precluding the construction of an ADU as allowed by State law.

Architectural compatibility shall include, but is not limited to:
• Same roof pitch, material, and roof forms as the primary dwelling; • Exterior building materials and colors shall be the same as the primary dwelling on the site;
• Window proportions and trim shall be the same as the primary dwelling; and
• Architectural style and detailing shall be the same as the primary dwelling.

These standards are expressly intended to be objective and ministerial in nature, ensuring predictable application during plan review while avoiding subjective interpretation. Furthermore, the standards are structured so that they cannot be applied in a manner that would preclude or unduly constrain the construction of an ADU that is otherwise permitted under State law.

The number of ADU’s permitted on single family zoned lots has also changed as Government Code Section 66323 was revised by SB 543 allowing single family parcels to have 1 ADU conversion and 1 new detached ADU.

Overall, the proposed ordinance strikes a balance between compliance with State housing law and the City’s interest in maintaining high-quality residential design. By incorporating objective, enforceable standards, the ordinance

CITY COUNCIL

CONSIDERATION OF CONDUCTING THE SECOND READING AND

ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING TITLE 17, CHAPTER 17.47, OF THE KING CITY MUNICIPAL CODE AND REPLACING IT WITH A NEW CHAPTER 17.47 REGULATING

THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT

WITH STATE LAW
JUNE 23, 2026
PAGE 4 OF 4
facilitates ADU development while preserving neighborhood compatibility and ensuring a clear, consistent review process.

COST ANALYSIS:

The only cost involved would be dedicating Community Development staff time and publication of public hearing notice(s). No appropriation of funding would be necessary.

ENVIRONMENTAL REVIEW:

The Ordinances are exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines §15061(b)(3).) Further, the adoption and implementation of this Ordinance is not a project, as defined in CEQA Guidelines section 15378, because it has no potential for resulting in physical change to the environment, either directly or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).

ALTERNATIVES:

The following recommendations are provided for City Council consideration:

1. Conduct the second reading and adopt an Ordinance;

2. Do not conduct the second reading;

3. Request additional information; or

4. Provide staff with other direction.

Exhibits:

Exhibit 1: Planning Commission Resolution
Exhibit 2: Amended Draft City Council Ordinance
Exhibit 3: May 26, 2026 Letter from CalHDF
Exhibit 4: June 4, 2026 Email from James M. Lloyd, CalHDF RESOLUTION NO. 2026-357

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF KING

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REPEALING TITLE 17, CHAPTER 17.47, OF THE KING CITY MUNICIPAL CODE AND REPLACING IT WITH A NEW CHAPTER 17.47 REGULATING ACCESSORY

DWELLING UNITS CONSISTENT WITH STATE LAW
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of King (“City”) may adopt and enforce ordinances and regulations to protect and promote the public health, safety, and welfare; and
WHEREAS, the State of California is experiencing a housing supply crisis, with demand far exceeding available housing; and
WHEREAS, the State has enacted legislation, including Government Code Section 65852.2, to encourage the development of Accessory Dwelling Units (“ADUs”) and to limit the extent to which local agencies may regulate such units; and WHEREAS, Government Code Section 65852.2 requires cities to adopt ADU regulations consistent with State law, and in the absence of compliant local regulations, State law provisions shall apply; and
WHEREAS, the City desires to update its municipal code to ensure compliance with State law and to facilitate the development of ADUs as a means of expanding housing opportunities; and
WHEREAS, the proposed ordinance repeals existing Chapter 17.47 of the King City Municipal Code and replaces it with updated regulations consistent with current State ADU law; and
WHEREAS, the proposed ordinance includes objective development standards, including provisions related to architectural compatibility, that are applied ministerially and do not preclude the construction of ADUs as allowed by State law; and WHEREAS, on May 5, 2026, the Planning Commission (“Commission”) conducted a duly noticed public hearing to consider the proposed ordinance, at which time all interested persons were given the opportunity to be heard and the Commission considered all testimony and evidence presented; and
WHEREAS, the Commission has reviewed and considered the staff report and all supporting information related to the proposed ordinance; and WHEREAS, the Commission finds that the proposed ordinance is consistent with the City of King General Plan and any applicable Specific Plans; and EXHIBIT 1
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and CEQA Guidelines Sections 15378 and 15061(b)(3), the proposed ordinance is not a “project” subject to CEQA because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment; and
WHEREAS, the ordinance is also exempt under CEQA Guidelines Sections 15307 and 15308, as it consists of regulatory actions that protect natural resources and the environment by facilitating appropriately located infill housing development.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of King hereby finds, determines, and resolves as follows:

SECTION 1. Recitals.

The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. General Plan Consistency.

The Planning Commission finds that the proposed ordinance is consistent with the goals, policies, and implementation measures of the City of King General Plan and any applicable Specific Plans.

SECTION 3. Public Health, Safety, and Welfare.

The Planning Commission finds that the proposed ordinance promotes the public health, safety, and welfare by:
• Ensuring compliance with State law;
• Facilitating the development of additional housing units; and • Providing clear, objective standards for ADU development.

SECTION 4. CEQA Determination.

The Planning Commission recommends that the City Council find that the ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), 15307, and 15308.

SECTION 5. Recommendation.

The Planning Commission hereby recommends that the City Council adopt the proposed ordinance repealing and replacing Chapter 17.47 (Accessory Dwelling Units) of Title 17 of the King City Municipal Code.

PASSED AND ADOPTED by the Planning Commission of the City of King at a regular meeting held on the 5th day of May 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED
_________________________
David Nuck, Chairperson
ATTEST:
__________________________________________
Erica Sonne, Secretary to the Planning Commission
4910-1517-9414 v1
ORDINANCE NO. 2026-843

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KING REPEALING TITLE 17, CHAPTER 17.47, OF THE KING CITY MUNICIPAL CODE AND REPLACING WITH A NEW CHAPTER 17.47 REGULATING THE DEVELOPMENT OF

ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW
WHEREAS, pursuant to Article XI, Section 7, of the California Constitution, the City of King (“City”) may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
WHEREAS, the proposed ordinance is consistent with the General Plan and any applicable Specific Plan(s) and the Zoning Ordinance; and WHEREAS, the State of California is experience a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, the State has enacted legislation to encourage the construction of Accessory Dwelling Units (“ADU”), which includes new standards that limit how municipalities can regulate the permitting and development of ADU; and WHEREAS, the Government Code Section 65852.2 requires cities to adopt ADU regulations consistent with the new legislation, and if cities fail to adopt these regulations the state law provisions can override a city’s existing Accessory Dwelling Unit code; and WHEREAS, it is in the City’s best interest to adopt a new ordinance regulating ADU that is consistent with state law; and
WHEREAS, the City Council (“Council”) recognizes that ADU can provide additional affordable housing opportunities in the City; and WHEREAS, the Council finds that it is appropriate to repeal Chapter 17.47 regarding “Accessory Dwelling Units” and replace this code with new standards for ADU; and
WHEREAS, on May 5, 2026 the City of King Planning Commission (“Commission”) conducted a public hearing to consider the proposed ordinance, and after considering public testimony, the staff report and all submitted evidence to the support the ordinance, the Commission recommended the Council [approve/deny] the proposed ordinance; and EXHIBIT 2
4910-1517-9414 v1
WHEREAS, in accordance with the California Environmental Quality Act (“CEQA”), and pursuant to CEQA Guideline, sections 15378 and 15061(b)(3), this activity is not a “project” subject to CEQA as it can be seen with certainty that there is no possibility that an activity may have a significant effect on the environment; and WHEREAS, on May 26, 2026, the Council conducted a public hearing to consider the Commission’s recommendation, and after considering public testimony, the staff report and all submitted evidence, the Council now desires to approve the proposed ordinance.

NOW THEREFORE, the City Council of the City of King does hereby ordain as follows:

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

SECTION 2. The City Council has reviewed the proposed ordinance and hereby finds that it is consistent with the General Plan and all applicable Specific Plan(s).

SECTION 3. The City Council, based upon its own independent judgement, finds that the proposed ordinance promotes and protects the health, safety, welfare and quality of life of the City of King residents.

SECTION 4. The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) as it can be seen with certainty that there is no possibility that it will have a significant effect on the environment pursuant to CEQA Guidelines section 15061(b)(3), as well as it is also exempt because it consists of regulations and restrictions that promote infill development, pursuant to CEQA Guidelines sections 15307 and 15308.

SECTION 5. Chapter 17.47, of Title 17 of the King City Municipal Code is hereby repealed in its entirety and replaced as follows:

Title 17 Zoning
Chapter 17.47 Accessory Dwelling Units
Section 17.47.010 Purpose and Definition
The provisions in this subsection shall apply to accessory dwelling units as defined below. (a) Purpose. The purpose of this Chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements identified in Government Code section 66310, as amended from time to time. Implementation of 4910-1517-9414 v1
this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

Section 17.47.020 Definition
For the purpose of this chapter, the following term shall be defined as follows:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in section 17958.1 of Health and Safety Code.

2. A manufactured home, as defined in section 18007 of the Health and Safety Code Section 17.47.030 General Requirements.
(a) Application. Where this section does not contain a particular type of standard or procedure, conventional zoning standards and procedures shall apply. (b) Areas Where Accessory Dwelling Units Are Allowed. Upon meeting the requirements of this section, accessory dwelling units may be established in any zone that allows residential uses.

1. Unit Types Allowed. An accessory dwelling unit may be either attached or detached from the primary single-unit residential dwelling on the lot.

A. An attached accessory dwelling unit shall be defined as either attached to (by a minimum of one shared wall), or completely contained within, the primary legal existing space of the single-unit residential dwelling unit or legal existing accessory structure.

B. A detached accessory dwelling unit shall be defined as new residential square footage not attached or sharing any walls with the primary legal existing singleunit residential dwelling unit.

C. A junior accessory dwelling unit is an accessory dwelling unit established within the walls of an existing or new primary dwelling unit.

2. Limitation on Number. One (1) conversion accessory dwelling unit, one (1) new detached accessory dwelling unit and one (1) junior accessory dwelling unit is allowed per parcel.
4910-1517-9414 v1
Section 17.47.040 Performance Standards and Compatibility.

Architectural Compatibility
To the extent permitted by state law, an ADU shall be designed to be architecturally compatible with the primary dwelling on the lot. Any architectural compatibility requirements shall be interpreted and applied as objective design standards and shall not have the effect of physically precluding the construction of an ADU as allowed by state law.
(a)Architectural compatibility shall include, but is not limited to:
• Same roof pitch, material, and roof forms as the primary dwelling; • Exterior building materials and colors shall be the same as the primary dwelling on the site;
• Window proportions and trim shall be the same as the primary dwelling; and • Architectural style and detailing shall be the same as the primary dwelling.

These standards shall be applied ministerially and shall not preclude the construction of an ADU otherwise permitted by state law.

Section 17.47.050 State Mandated ADU approvals. ADUs that are entirely consistent with Government Code section 66310, subdivision (e) and all applicable provisions of this Chapter shall also receive ministerial approval.

Section 17.47.060 Violations. Violation of any of the provisions within this Chapter shall constitute a public nuisance and be subject to code enforcement actions pursuant to Chapter 7.51 Nuisances.

SECTION 7. This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council after waiving the reading, except by Title, at a regular meeting thereof held on the 9 day of June 2026, and adopted the ordinance after the second reading at a regular meeting held on the _23_ day of _June_ 2026, by the following roll call vote:
4910-1517-9414 v1
AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF KING
By: _______________________
MIKE LEBARRE, Mayor
ATTEST
_______________________
ERICA SONNE, City Clerk
APPROVED AS TO FORM:

By: ____________________________
ROY C. SANTOS, City Attorney
Burke, Williams Sorenson LLP

I, ______________________, City Clerk of the City of King, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the ordinance passed and adopted by the City Council of the City of King on the date and by the vote indicted herein.

May 26, 2026
City of King City
212 South Vanderhurst Avenue
King City, CA 93930
Re: Proposed Amendments to the City’s ADU Ordinance
By email: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Cc: [email protected]; [email protected]; [email protected] Dear King City City Council,
The California Housing Defense Fund (“CalHDF”) submits this letter as a public comment for the Council meeting of May 26, 2026 regarding item 10A, a proposed amendment to the City’s zoning code, including amendments to its regulations for ADUs and JADUs.

We applaud the City for largely deferring to state law in its ADU ordinance. However, there are two areas where the City’s proposed ordinance must be amended to comply with state ADU law.

Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) 2201 Broadway, PH1, Oakland, CA 94612
[email protected]
EXHIBIT 3
In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Non-Objective Standards
Code section 17.47.040(a) requires the following:

1. Similar roof pitch, material and roof forms.

2. Exterior building materials and colors that are consistent with or complementary to
the primary dwelling on the site..

3. Window proportions and trim consistent with the primary structure.

4. Comparable architectural style and detailing.

However, these are not objective standards. It is impossible for an applicant to know, ex ante, whether City staff will consider a design to have “comparable architectural style” for example. The City may only apply objective standards to ADUs. (Gov. Code, § 66314, subd. (b)(1).)
The City must amend its proposed ADU ordinance to include only objective standards.

Number of ADUs Allowed
Code section 17.47.030(b)(2) allows one ADU and one JADU per parcel. However, Government Code section 66323 was revised by SB 543, and single-family parcels are now allowed to have two ADUs per parcel: one conversion ADU and one new detached ADU, provided both meet the standards provided in Government Code section 66323.

The City must amend its proposed ADU ordinance to allow two ADUs per parcel as specified above.

Out-of-date Code References
Code section 17.47.010(a) refers to Government Code section 65852.2, and code section

17.47.050 refers to Government Code section 65852.22. However, state ADU law has been reorganized, and it is now located at Government Code section 66310 et seq. We recommend the City update this reference for clarity.
2 of 3
⧫ ⧫ ⧫
CalHDF appreciates the City’s effort to implement state law governing ADU construction.

However, the City should be careful not to include a discretionary, non-objective standard in its ordinance when it is so close to fully complying with state ADU law.

CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.

You may learn more about CalHDF at www.calhdf.org.

Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
3 of 3
EXHIBIT 4
James Lloyd<[email protected]>
Doreen Liberto-Blanck
Roy Santos;+7 others
Hi Doreen,
Thanks very much for the update. The proposed amended to the ordinance would resolve the issues presented in our letters. Thanks very much for taking our comment into consideration.

Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/

Page 1 of 2 ends

City Council Special Meeting
June 11, 2026

1.__CALL TO ORDER:

Special Meeting called to order at 5:32pm by Mayor LeBarre.

2.__ROLL CALL:

City Council: Mayor Mike LeBarre, Council member Cullen, Council member Carlos Victoria, Council member Oscar Avalos,
City Staff: City Manager Jose Arreola, City Clerk Erica Sonne No public comment

3. REGULAR BUSINESS
A. Consideration: A Professional Services Agreement with Grossman & Kelly PLLC to Represent the City of King in the Recovery of PFAS Settlement Funds
City Manager Jose Arreola introduced this item.

Mayor Mike LeBarre further introduced this item. He stated that as well as drinking water there is wastewater dollars available and fire department equipment and truck dollars available and possibly airport dollars as well. There is no cost to the city.

Councilmember Cullen is concerned at the cost of testing being taken out of our portion as the testing is extremely expensive. He also feels the City needs to let Solid Waste Authority know what we are doing.

Are there opportunities for the closed city dump and or a collaboration with the county on Jolon Road because of ground water run off contamination?
Councilmember Avalos has the same concerns as Councilmember Cullen.

City Manage Arreola went over the disbursements on exhibit 2 and that they would charge us for those if they reach a settlement.

Councilmember Cullen, Avalos and Mayor LeBarre are also concerned about expert fees, testing as long it is for our city, probable litigation support services and other disbursement cost being inflated.

Action: Motion to direct City Attorney and City Manager to negotiate and inform of concerns to get clarifications and approve a Professional Services Agreement with Grossman & Kelly PLLC and authorize the City Manager to execute all necessary documents by Victoria seconded by Cullen.

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

ABSENT: Council Members: DeLeon,
ABSTAIN: Council Members:

B. Consideration: Pool Fencing Project Change Order #1
9(E)

Page 2 of 2 ends

City Manager Jose Arreola introduced this item explaining that this part (for a change order) of the action taken in May was not in the recommendation.

Action: Motion to authorize the City Manager to approve contract change order #1 with Big Wakoo Fence Inc. Corporation in the amount of $29,221.00 by Cullen seconded by Avalos.

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

ABSENT: Council Members: Cullen, DeLeon,
ABSTAIN: Council Members:

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 5:55p.m.

Approved Signatures:

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

STAFF REPORT
DATE: JUNE 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONTRACT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: SENATE BILL 1 (SB1) FUNDING PROJECT LIST FOR FY 2026- 27 RECOMMENDATION:

That the City Council adopt Resolution No. 2026-5093 to approve a list of projects funded by Senate Bill 1 (SB1), the Road Repair and Accountability Act.

BACKGROUND:

In April 2017, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor. The bill addressed the significant multi-modal transportation funding shortfalls statewide.

SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. The City must include a list of all projects proposed to receive funding from the Road Maintenance & Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement
DISCUSSION:

On September 9, 2025, the City Council approved the use of Fiscal Year 2025- 26 SB1 funds on Broadway Street from Russ Street to San Antonio Drive. Staff recommends utilizing Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues on this previously proposed and adopted project.

CITY COUNCIL
SENATE BILL 1 (SB1) FUNDING PROJECT LIST FOR FY 2026-27 JUNE 23, 2026
PAGE 2 OF 2
COST ANALYSIS:

The SB1 Road Maintenance and Rehabilitation Account will provide approximately $377,674 in Fiscal Year 2026-27 for allocation to the previously approved project.

ENVIRONMENTAL REVIEW:

Staff previously performed a preliminary environmental assessment of this project and determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines, section 15301, as this project is limited to repair and maintenance of existing facilities and does not involve any expansion of existing uses. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2, apply to this project.
.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Adopt the Resolution documenting the specific project utilizing FY 2026-27 RMRA funds;

2. Modify and adopt the Resolution;

3. Do not adopt the Resolution; or

4. Provide staff with other directions.

RESOLUTION NO. 2026-5093

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of King City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of King must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of King, will receive an estimated $377,674 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the ninth year in which the City of King is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roads in the City that are in tremendous need of rehabilitation; and WHEREAS, the City has many streets in poor condition and this revenue will help the City establish an ongoing pavement management program that will significantly increase the overall quality of its road system over the next decade; and
WHEREAS, the SB 1 project list and overall investment in the City’s local street and road infrastructure will improve safety, road conditions, appearance of the City, and reduce future costs by enabling the City to maintain its street system in a more efficient manner.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of King, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:

Project Title: Broadway Street
Project Description: Street reconstruction
Project Location: Broadway Street from Russ Street to San Antonio Drive Estimated Project Schedule: Start (07/26)– Completion (06/27) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years

3. The City proposes to carry over fiscal year 2025-26 funds into fiscal year 2026-27.

This resolution was passed and adopted this 23rd day of June, 2026 by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
__________________________________
Roy Santos, City Attorney
Item No. 9(G)

REPORT TO THE CITY COUNCIL
DATE: JUNE 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF RESOLUTION FOR THE REMOVAL OF

PLANNING COMMISSIONER MARGARITA LOPEZ
RECOMMENDATION:

Adopt Resolution No. 2026-5094 removing Planning Commissioner Margarita Lopez from the City of King Planning Commission and declaring the position vacant.

BACKGROUND:

The City Council appoints members to the Planning Commission pursuant to the King City Municipal Code. Planning Commissioners serve as advisory officials to the City Council on matters related to planning, land use, and development within the City. Section 2.11.040 of the King City Municipal Code provides that:
"All members of boards, commissions, and committees serve at the pleasure of the city council and can be removed for any or no reason." Mayor Mike LeBarre requested the removal of Planning Commissioner Margarita Lopez by email to the City Manager.

DISCUSSION:

The City Council has the authority to remove members of City boards, commissions, and committees at its discretion pursuant to King City Municipal Code Section 2.11.040. As appointed officials serving at the pleasure of the City Council, Planning Commissioners do not have a fixed right to continued service beyond the Council's confidence and support.

The City Council may, if it so chooses, remove Commissioner Margarita Lopez and declare the seat vacant effective immediately. Upon declaration of a vacancy, the City Council may direct staff to initiate the recruitment and appointment process to fill the unexpired term in accordance with City policies and procedures.

COST ANALYSIS:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL REVIEW:

The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it involves organizational and administrative activities of government that will not result in a direct or indirect physical change in the environment.

ALTERNATIVES:

The following alternatives have been identified for City Council consideration:
1) Adopt the Resolution;
2) Make text changes to the Resolution and adopt;
3) Provide staff other direction.

ATTACHMENTS:
1) Resolution
Resolution 2026-5094
RESOLUTION NO. 2026- 5094

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING, CALIFORNIA,

REMOVING MARGARITA LOPEZ AS A MEMBER OF THE KING CITY PLANNING

COMMISSION
WHEREAS, the Planning Commission of the City of King is an advisory body established pursuant to Chapter 2.12 of the King City Municipal Code (“KMC”); and WHEREAS, under KMC section 2.12.020, Planning Commissioners are appointed by the City Council; and
WHEREAS, under KMC section 2.11.040, Planning Commissioners serve at the pleasure of the City Council and can be removed for any or no reason; and WHEREAS, the City Council desires to remove Margarita Lopez from her position on the Planning Commission; and
WHEREAS, this removal is in the best interest of the City and complies with the requirements of the King City Municipal Code.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are made a part of this resolution.

SECTION 2. The City Council hereby removes Margarita Lopez from the Planning Commission, effective immediately.

SECTION 3. This Resolution shall take effect immediately upon its adoption.

SECTION 4. Vacancy declared. The Planning Commission seat held by Margarita Lopez is hereby declared vacant, effective immediately, and the City Clerk is directed to post a Notice of Vacancy in compliance with KMC section 2.11.050 and the Maddy Act (California Government Code § 54970 et seq.).

This resolution was passed and adopted this __ day of June, 2026, by the following vote:

AYES, Council Members:

NAYS, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:

Resolution 2026-5094
APPROVED:
________________________
Mike LeBarre, Mayor
ATTEST:
______________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
______________________
Roy Santos, City Attorney
Item No. 9(H)

STAFF REPORT
DATE: JUNE 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: AWARD GOLF COURSE RESTORATION PROJECT
RECOMMENDATION:

It is recommended City Council: 1) Approve a Public Works Agreement with Hartzell General Engineering Inc. for the Golf Course Restoration Project in the amount of $6,606,576.00; 2) Suspend construction until notification that FEMA funds are available; 3) Authorize the City Manager to approve Contract Change Orders up to 15% of the contract amount, and 4) Waive the provisions of Section 14 “Award of Contract” of the Instructions to Bidders in the Bid Documents that require award of the contract within 60 calendar days.

BACKGROUND:

From December 27, 2022, through January 31, 2023, multiple rain events caused flooding on the San Lorenzo Creek, damaging the golf course. The damage included the destruction of a golf cart bridge and damage to six holes of the course, caused by the washing away of various features and the deposition of sediment, pollutants, and invasive plants, which have killed the turf. The project will remove between 1 to 2 feet of sediment to minimize flood rise impacts and restore the golf course to pre-disaster condition by following the United States Golf Association (USGA) industry standards.

Plans were prepared for the restoration of the golf course, and bids were opened for the first time on September 5, 2024. The City received two bids. The low base bid was $6,895,600. However, the bids both exceeded the approved FEMA allocations for the project. On December 9, 2025, the City Council rejected the bids.

CITY COUNCIL

CONSIDERATION OF AWARD OF GOLF COURSE RESTORATION

PROJECT
JUNE 23, 2026
PAGE 2 OF 3
DISCUSSION:

FEMA approved the increased allocation, and at the request of the previous City Manager and the golf course management, the project was rebid on December 18, 2025. The bid opening was held on March 3, 2026. The City received seven bids, with the lowest base bid of $5,532,436.00 from Hartzell General Engineering Contractor, Inc. The bid for Add Alternate No.1 for an accessible ramp was $234,140, and the bid for Add Alternate No. 2 for new golf cart paths was $840,000. The Add Alternates are for ADA upgrades to the golf course.

FEMA allocates up to 20% of the Base Bid toward ADA upgrades.

Due to government shutdowns, the City has not received verification of the FEMA funding allocation for the project. City staff has been holding the project award pending notification that FEMA funding has been released. However, after discussion with our FEMA consultant, Terrafort, it was determined that to show forward progress in the project, which is critical for FEMA funding, the agreement with Hartzell General Engineering, Inc. should be brought to the City Council for approval.

Since the bid occurred more than 60 days ago, the City and the Contractor must agree to waive the provisions of Section 14, “Award of Contract,” of the Instructions to Bidders in the Bid Documents. The Contractor has agreed to waive these provisions. The Contractor has also agreed to suspend construction activities until the City receives notification that the FEMA funds have been released.

Staff recommends awarding the Base Bid and both Add Alternates for the Golf Course Restoration Project to Hartzell General Engineering, Inc. for $6,606,576; suspending construction until notification that FEMA funds are available; authorizing the City Manager to approve Contract Change Orders up to 15% of the contract amount; and, waiving the provisions of Section 14 “Award of Contract” of the Instructions to Bidders in the Bid Documents requiring the award of the contract within 60 calendar days.

COST ANALYSIS:

The City successfully secured updated project cost estimates. FEMA will pay 75% of all eligible project costs, and Cal OES will fund 18.75%. King City’s portion will be 6.25%.

ENVIRONMENTAL REVIEW:

Staff performed a preliminary environmental assessment of this project and determined that it falls within the Categorical Exemption set forth in Section

CITY COUNCIL

CONSIDERATION OF AWARD OF GOLF COURSE RESTORATION

PROJECT
JUNE 23, 2026
PAGE 3 OF 3
15301 of the CEQA guidelines because the contract is for the maintenance and/or repair of existing infrastructure, which will not result in the expansion of park lands or capacity. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2, apply to this project. NEPA review has already been completed. In addition, this action is only a rejection of bids and does not constitute project approval, so no environmental review approval is required.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Award the Base Bid and two Add Alternates of the Golf Course Restoration Project as proposed by the low bidder, Hartzell General Engineering Inc., in the amount of $6,606,576.00; suspend construction; authorize the City Manager to approve contract change orders up to 15%; and, waive the provisions of Section 14 “Award of Contract” of the Instructions to Bidders in the Bid Documents requiring the award of the contract within 60 calendar days.

2. Reject bids and solicit new bids.

3. Do not award the Golf Course Restoration Project.

4. Provide other directions for staff.

EXHIBITS:

1. Official Bid Opening Results

2. Bid Breakdown
EXHIBIT 1

KING CITY

GOLF COURSE RESTORATION PROJECT

BID BREAKDOWN

BASE BID

BID ITEM & DESCRIPTION

UNIT TOTAL UNIT TOTAL UNIT TOTAL
No. ITEM QUAN UNIT PRICE PRICE PRICE PRICE PRICE PRICE
1 Mobilization 1 LS $355,000.00 $355,000.00 $350,000.00 $350,000.00 $485,923.00 $485,923.00 2 Water Pollution Control Program 1 LS $65,000.00 $65,000.00 $60,000.00 $60,000.00 $118,780.00 $118,780.00 3 Irrigation 1 LS $1,800,000.00 $1,800,000.00 $1,900,000.00 $1,900,000.00 $2,017,050.00 $2,017,050.00 4 Sediment Removal 49,407 CY $23.00 $1,136,361.00 $24.00 $1,185,768.00 $21.17 $1,045,946.19 5 Fairway Restoration 98,640 SYD $5.50 $542,520.00 $5.50 $542,520.00 $7.95 $784,188.00 6 Putting Green Restoration 25,730 SF $41.00 $1,054,930.00 $41.00 $1,054,930.00 $32.91 $846,774.30 7 Sand Trap Restoration 5,450 SF $30.00 $163,500.00 $30.00 $163,500.00 $22.33 $121,698.50 8 Tee Box Restoration 25,400 SF $9.00 $228,600.00 $9.00 $228,600.00 $16.93 $430,022.00 9 Drainage Sump 17 EA $2,200.00 $37,400.00 $2,000.00 $34,000.00 $2,305.18 $39,188.06 10 Bench 4 EA $5,000.00 $20,000.00 $7,000.00 $28,000.00 $5,369.75 $21,479.00 11 Trash Can 4 EA $1,000.00 $4,000.00 $450.00 $1,800.00 $576.50 $2,306.00 12 Ball Washer 4 EA $2,000.00 $8,000.00 $600.00 $2,400.00 $691.50 $2,766.00 13 Chain Link Fence 295 LF $75.00 $22,125.00 $59.00 $17,405.00 $87.07 $25,685.65 14 Protective Ball Screens 1 LS $65,000.00 $65,000.00 $37,000.00 $37,000.00 $87,801.00 $87,801.00 15 Golf Cart Path 20 CY $1,500.00 $30,000.00 $1,700.00 $34,000.00 $1,407.80 $28,156.00 $5,532,436.00 $5,639,923.00 $6,057,763.70
ADD ALTERNATE NO. 1

BID ITEM & DESCRIPTION

UNIT TOTAL UNIT TOTAL UNIT TOTAL
No. ITEM QUAN UNIT PRICE PRICE PRICE PRICE PRICE PRICE
16 Earthwork 340 CY $78.00 $26,520.00 $73.00 $24,820.00 $159.69 $54,294.60 17 Accesible Ramp 2,500 SF $41.00 $102,500.00 $27.00 $67,500.00 $30.10 $75,250.00 18 Hand Railing 512 LF $195.00 $99,840.00 $135.00 $69,120.00 $186.79 $95,636.48 19 Hydroseeding 1 LS $4,500.00 $4,500.00 $5,500.00 $5,500.00 $9,220.00 $9,220.00 $233,360.00 $166,940.00 $234,401.08
ADD ALTERNATE NO. 2

BID ITEM & DESCRIPTION

UNIT TOTAL UNIT TOTAL UNIT TOTAL
No. ITEM QUAN UNIT PRICE PRICE PRICE PRICE PRICE PRICE
20 Golf Cart Path 840 CY $1,000.00 $840,000.00 $812.50 $682,500.00 $705.50 $592,620.00 $840,000.00 $682,500.00 $592,620.00
Hartzell Genera Monterey Peninsula Engineering
BASE BID TOTAL:

BASE BID TOTAL:

Hartzell Genera Monterey Peninsula Engineering
Hartzell Genera Monterey Peninsula Engineering
Seamair Construction
Seamair Construction
Seamair Construction
PAGE 1 OF 3
EXHIBIT 2

KING CITY

GOLF COURSE RESTORATION PROJECT

BID BREAKDOWN

BASE BID

BID ITEM & DESCRIPTION
No. ITEM QUAN UNIT
1 Mobilization 1 LS
2 Water Pollution Control Program 1 LS
3 Irrigation 1 LS
4 Sediment Removal 49,407 CY
5 Fairway Restoration 98,640 SYD
6 Putting Green Restoration 25,730 SF
7 Sand Trap Restoration 5,450 SF
8 Tee Box Restoration 25,400 SF
9 Drainage Sump 17 EA
10 Bench 4 EA
11 Trash Can 4 EA
12 Ball Washer 4 EA
13 Chain Link Fence 295 LF
14 Protective Ball Screens 1 LS
15 Golf Cart Path 20 CY
ADD ALTERNATE NO. 1

BID ITEM & DESCRIPTION
No. ITEM QUAN UNIT
16 Earthwork 340 CY
17 Accesible Ramp 2,500 SF
18 Hand Railing 512 LF
19 Hydroseeding 1 LS
ADD ALTERNATE NO. 2

BID ITEM & DESCRIPTION
No. ITEM QUAN UNIT
20 Golf Cart Path 840 CY
BASE BID TOTAL:

BASE BID TOTAL:

UNIT TOTAL UNIT TOTAL UNIT TOTAL

PRICE PRICE PRICE PRICE PRICE PRICE
$150,000.00 $150,000.00 $284,000.00 $284,000.00 $1,138,000.00 $1,138,000.00 $130,000.00 $130,000.00 $45,000.00 $45,000.00 $162,700.00 $162,700.00 $1,721,000.00 $1,721,000.00 $2,276,000.00 $2,276,000.00 $1,950,000.00 $1,950,000.00 $33.00 $1,630,431.00 $17.00 $839,919.00 $28.00 $1,383,396.00 $8.25 $813,780.00 $14.00 $1,380,960.00 $6.90 $680,616.00 $51.00 $1,312,230.00 $37.00 $952,010.00 $39.00 $1,003,470.00 $36.00 $196,200.00 $25.00 $136,250.00 $19.37 $105,566.50 $13.00 $330,200.00 $19.00 $482,600.00 $14.67 $372,618.00 $2,570.00 $43,690.00 $2,478.00 $42,126.00 $1,980.00 $33,660.00 $4,000.00 $16,000.00 $5,300.00 $21,200.00 $3,250.00 $13,000.00 $300.00 $1,200.00 $520.00 $2,080.00 $400.00 $1,600.00
$1,100.00 $4,400.00 $700.00 $2,800.00 $550.00 $2,200.00 $85.00 $25,075.00 $85.00 $25,075.00 $70.00 $20,650.00
$110,000.00 $110,000.00 $37,000.00 $37,000.00 $77,000.00 $77,000.00 $1,325.00 $26,500.00 $1,599.00 $31,980.00 $1,144.00 $22,880.00 $6,510,706.00 $6,559,000.00 $6,967,356.50

UNIT TOTAL UNIT TOTAL UNIT TOTAL

PRICE PRICE PRICE PRICE PRICE PRICE
$390.00 $132,600.00 $171.00 $58,140.00 $48.00 $16,320.00 $24.00 $60,000.00 $23.00 $57,500.00 $40.00 $100,000.00
$190.00 $97,280.00 $215.00 $110,080.00 $202.00 $103,424.00 $9,000.00 $9,000.00 $2,280.00 $2,280.00 $3,840.00 $3,840.00 $298,880.00 $228,000.00 $223,584.00

UNIT TOTAL UNIT TOTAL UNIT TOTAL

PRICE PRICE PRICE PRICE PRICE PRICE
$1,108.00 $930,720.00 $725.00 $609,000.00 $1,494.00 $1,254,960.00 $930,720.00 $609,000.00 $1,254,960.00
Newton Construction
Newton Construction
Newton Construction
Don Chapin Company
Don Chapin Company
Don Chapin Company
Precision Grade
Precision Grade
Precision Grade
PAGE 2 OF 3

KING CITY

GOLF COURSE RESTORATION PROJECT

BID BREAKDOWN

BASE BID

BID ITEM & DESCRIPTION
No. ITEM QUAN UNIT
16 Earthwork 340 CY
17 Accesible Ramp 2,500 SF
18 Hand Railing 512 LF
19 Hydroseeding 1 LS
ADD ALTERNATE NO. 2

BID ITEM & DESCRIPTION
No. ITEM QUAN UNIT
20 Golf Cart Path 840 CY
BASE BID TOTAL:

BASE BID TOTAL:

UNIT TOTAL

PRICE PRICE
$310,000.00 $310,000.00
$83,168.00 $83,168.00
$2,078,000.00 $2,078,000.00
$28.00 $1,383,396.00
$14.50 $1,430,280.00
$35.00 $900,550.00
$22.00 $119,900.00
$19.00 $482,600.00
$2,250.00 $38,250.00
$5,500.00 $22,000.00
$456.00 $1,824.00
$627.00 $2,508.00
$84.00 $24,780.00
$37,000.00 $37,000.00
$3,300.00 $66,000.00
$6,980,256.00

UNIT TOTAL

PRICE PRICE
$125.00 $42,500.00
$24.00 $60,000.00
$195.00 $99,840.00
$2,667.00 $2,667.00
$205,007.00

UNIT TOTAL

PRICE PRICE
$1,382.00 $1,160,880.00
$1,160,880.00
Specialty Construction
Specialty Construction
Specialty Construction
PAGE 3 OF 3
Item No. 9(I)

STAFF REPORT
DATE: JUNE 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: AMEND AGREEMENT WITH TEICHERT CONSTRUCTION
RECOMMENDATION:

It is recommended that the City Council approve amending the agreement with Teichert Construction for the 2025 CDBG Pavement Rehabilitation Project.

BACKGROUND:

On March 14, 2026, the City Council approved a Contractor Services Agreement with Teichert Construction, Inc, for the 2025 CDBG Pavement Rehabilitation Project.

DISCUSSION:

After approval of the Agreement with Teichert Construction, lnc, it was determined that the required CDBG provisions were not included in the contract documents. The provisions are necessary to remain in compliance with the grant requirements and ensure reimbursement of funds.

COST ANALYSIS:

The City was awarded a $3,300,000 Community Development Block Grant (CDBG) for construction of the 2025 CDBG Pavement Rehabilitation Project. Of those funds, $3,029,122 is available for construction and soft costs (design, project and construction management, and inspection services).

CITY COUNCIL

CONSIDERATION OF AMEND AGREEMENT WITH TEICHERT

CONSTRUCTION
JUNE 23, 2026
PAGE 2 OF 2
The total projected project costs are as follows:

Low Bid Amount (Teichert Construction)...............$2,197,060.00 Contract Change Order No. 1 ..................................$182,668.00 Total Construction Costs.......................................$2,379,728.00 Estimated Soft Costs (15%) .....................................$356,959.00 Total Estimated Project Costs ...........................$2,736,687.00 Estimated Grant Remaining (Contingency).........................$292,435.00 Although not anticipated, Measure X funds are available to cover costs exceeding the contingencies.

ENVIRONMENTAL REVIEW:

Staff have performed a preliminary environmental assessment of this project and have determined that it falls within the Categorical Exemption set forth in Section 15301 of the CEQA guidelines because the contract is for the maintenance and repair of existing streets, which will not result in the expansion of capacity of these streets. Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. NEPA review on the project was also completed.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Approve the amendment to the Contractor Services Agreement.

2. Provide other directions for staff.

EXHIBITS:

1. Amendment to Contractor Services Agreement
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________ 01222.0006/820866.1 1

AMENDMENT TO

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF KING AND

TEICHERT CONSTRUCTION
THE PUBLIC WORKS AGREEMENT (“Agreement”) made and entered into on the 14th day of April, 2026 by and between the CITY OF KING, a municipal corporation, (“City”) and A.

Teichert & Sons, Inc. dba Teichert Construction (“Contractor”) is amended to add the following:”

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.18 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
///
///
///
///
///
///
-2-
01222.0006/820866.1
///
///
///
///
CITY:

CITY OF KING, a California Municipal
Corporation.
___________________________________
Mike LeBarre, Mayor
CONTRACTOR:
___________________________________
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:

Erica Sonne, City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:

BURKE, WILLIAMS, & SORENSEN, LLP
Roy C. Santos, City Attorney
Address:
_____________________________________
_____________________________________
_____________________________________
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 01222.0006/820866.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01222.0006/820866.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

EXHIBIT B

SPECIAL REQUIREMENTS

CDBG PROVISIONS

LABOR COMPLIANCE MANUAL AND CONTRACT LANGUAGE
SECTION 3 MANUAL REQUIREMENTS AND FORMS

Page 1 ends

ADAMS ASHBYGROUP
1000 Lincoln Rd H-212
Yuba City, CA 95991
(916) 449-3944 p
(916) 449-3934 f
Department of Housing & Community Development
- CDBG Program
Labor Compliance Manual & Contract Language
Labor Compliance documents and Certified Payrolls remitted to:

[email protected] -Brenda
Attached Form Who Page
Contract acknowledgement All Contracts 2 (This Page)
Certification Regarding Debarment All Contracts when project totals $100,000 or More 27 Disadvantaged Business Forms All Contracts 28-29
Race and Ethnic Data Reporting Form All Contracts 30
Drug Free Workplace Certification All Contracts 31
Anti-Lobbying Certification All Contracts 32
Wage Determination Chart All Contracts 36
Provide Unique Entity ID (UEI) from SAM.GOV
PRIME Contractor ONLY
Printed Copy
Fringe Benefit Statement All Contracts 37
DAS 142 Or Verification of Union Status All Contracts with apprenticable Classifications 39
Evidence of Training fees paid All Contracts with apprenticable Classifications
Signature:

UEI:

Name/Address:

Phone:

DIR No.

Date:

EIN:

City/State/Zip:

Email:

CSLB No:

CONTRACT ACKNOWLEDGEMENT
The provisions included in this section are by this reference attached to the bid document, contract, and all sub-contracts associated to this project. The signature provided below acknowledges the references asstated, states understanding, and ensures compliance. This page and all required forms shall be provided to the compliance officer with original blue ink, wet signatures/valid digital signatures(valid digital signatures will have a time/date stamp) prior to construction commencing (This is required for both the General Contractor and all lower tier Sub-Contractors).

Certification of Understanding and
Authorization
All Contracts (To be completed by each
person who processes Certified Payrolls.) 33
Labor Standards and Prevailing Wage
Requirements All Contracts 34-35
Copies of Contracts/Purchase Order/Invoice/Quote with
all Sub-Contractors w/DBE/LCM/Sec.3 requirements
Please Provide All Contracts
At the time of progress payment by the general contractor to the Agency, the following documents shall be submitted by the general contractor to Adams Ashby Group, Inc. for all work performed:

By signing below you acknowledge you have read and understand the provisions included in this document and if applicable the Section 3 appendix made part of this document by this reference, and will ensure the provisions are included in all contracts and sub-contracts connected to the project, and shall comply as outlined.

All Contracts 40-42
38 All Contracts with apprenticable
Classifications
DAS 140 (Evidence of submittal for EACH
appreciable class, to EVERY applicable agency)
WHD 347 Certified Payroll, Statement of
Compliance, Copies of unredacted eCPR Submissions
including Non-Performance must be provided

Page 2 ends

Verification of active SAM.GOV Registration Printed Copy All Contracts
Copy of Invoice & Check
or Agency Letter
Buy America Preference Certification All Contracts 43

PROVISIONS / REQUIREMENTS
I. Perform the work in accordance with all applicable federal, state, and local housing and building codes, such as environmental, building, planning, zoning, health and safety, relocation, labor, fair employment, and historic preservation.

II. The provisions included in this document will be made part of each sub-contract associated with this contract including first, second, third etc. tier sub-contractors. A copy of each contract shall be provided showing this as being added to their contract and thecontract is in full force. Failure to provide shall result in withholding of payment until compliance is obtained. Each sub-contractor is required to comply with all provisions herein.

Failure to complywillresult in non-compliance and the Generalwill be held accountableforthe actions of thesubcontractor.

III. Compliance with all requirements of Davis Bacon and Prevailing Wage rules and regulations outlined in the provisions included in this document and state and federal regulations is required to be in compliance with the contract. If the project meets the required exemptions in accordance with California Code, Labor Code - LAB§1720 Section C(5)(E) State Prevailing Wage requirements and related contractual obligations will not be applicable. Failure to provide the required items as outlined herein or requested to support the compliance of such provisions will be determined as non-compliance and payment may be withheld until compliance is attained.

Resources: https://www.hud.gov/sites/documents/4812-LRGUIDE.PDF https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fedprojc.pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1720.

IV. Certification, Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for LowerTier CoveredTransactions
No contract shall be made to parties on the List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with 2 CFR 200.213 and E. O.’s 12549 and 12689, “Debarment and Suspension.” (Required by the regulations implementing Executive Order 12549 and Executive Order 12689), Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants’ Responsibilities. The regulations were published as Part VII of May 26, 1988 Federal Register (p. 19160 –19211).

Complete the form included on page 27. Prior to allowing any sub-contractor to begin work on the job, Contractor must obtain written approval from the Agency. Contractor will submit name, license number, Department of Industrial Relations registration number, UEI number, active SAM.GOV registration, place of business, and service provided. Contractor will submit copies of all subcontracts, incorporating thesecontract documents by reference, within 10 days of execution.

Contractor will also supply labor standards certifications and insurance certifications for all sub-contractors with sub-contracts.

V. Conflict of interest Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted underthis part, or who arein a position to participatein a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, sub-contract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during theirtenure orfor one(1) yearthereafter.

Page 3 ends

Page 4 ends

VI. Bonding and Insurance Requirements The minimum requirements for contracts exceeding $150,000 for construction shall be as follows:
(A) A Bid Bond or certified check shall be filed with each bid equivalent for 5% of the bid price as assurance that the bidder will, upon acceptance of their bid, execute such contractual documents as may berequired within thespecified time.
(B) A Performance Bond for 100% of the contract price to assure fulfillment of the contractor’s obligations under the contract.
(C) A Payment Bond for 100% of the contract price to assure payment of all persons supplying labor and/ or materials in the execution of the work provided for in the contract.

The Bid Bond must be submitted with the bid and the Performance Bond and Payment Bond must be provided to the owner beforeconstruction begins on the project.

VII. Access of Records and Retention of Records
This section is applicableto all Contracts and Sub-contracts. (A) Access to records. The City/County, sub grantee, Federal grantor agency, The State of California, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, Office of the Inspector General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor or Sub-contractor which are directly pertinent to this specific contract, forthe purpose of making audit,examination, excerpts, and transcriptions from such records including, but not limited to,Contracts, invoices, materials, payrolls,records of personnel, conditions of employment and any other data relating to matters covered by thiscontract . Such access shall be granted at any time during normal business hours and as often as deemed necessary. (B) Documentation of costs.Allcost shall besupported by properly executed payrolls, time records, invoices, contracts, vouchers, purchase orders, or other accounting documents. All documents pertaining in whole, or part of this contract shall be clearly identified and readily available. (C) Record Retention. All required records must be maintained by the contractor for a period of five years after the grantee makes final payments and to all other pending matters are closed.

VIII. EqualOpportunity Provisions
This section is applicableto all Contracts and Sub-contracts. (A) Minority Business Enterprise (Executive Orders 11625 “Prescribing Additional Arrangements for Developing and Coordination a National Program for Minority Business Enterprise,” dated October 13, 1971 and 12432
“Minority Business Enterprise Development,” dated July 14, 1983) and Women’s Business Enterprise (Executive Order 12138 “Creating a National Women’s Business Enterprise Policy and Prescribing Arrangements for Developing Coordinating and Implementing a National Program for Women’s Business Enterprise,” dated May 18, 1979).

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Affirmative steps must betaken by all contractors to assure small, minority and women owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment,construction and services. Affirmative steps shall include thefollowing:

1. Include any such qualified firms on solicitations lists;

2. Assurethat such firms are solicited whenever they are potentialsources;

3. When economically feasible, divide total requirements into smaller tasks or quantities so as to permit such firms maximum opportunities for participation through sub-contracting;

4. Where possible, establish delivery schedules which will encourage such participation; and

5. Keep records of all efforts andresults.
(B) Civil Rights, HCD, and Age Discrimination Act Assurances This section is applicableto all Contracts and Sub-contracts During the performance of this Contract the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race,color, national origin,sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964 (42USC 2000d ), TitleI of the Housing and Community Development Act of 1974, as amended (42USC 6101-07), and the Age Discrimination Act of 1975, as amended (42USC 6101-07) which prohibits discrimination on the basis of age and all implanting regulations.
(C) State Nondiscrimination Clause
This section is applicableto all Contracts and Sub-contracts.

1. During the performance of thisAgreement,Contractor and itssub-contractorsshall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin,physical disability (includingHIVandAIDS), mentaldisability,medicalcondition (cancer),age (over 40), marital status, and denial of family care leave.

Contractor and sub-contractors shall insure that the evaluation and treatment of their employees and applicants foremployment are free from such discrimination and harassment. Contractorand sub-contractors shall comply with the provisions of the Fair Employment and HousingAct (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or otherAgreement.

2. The Contractor shall include the nondiscrimination and compliance provisions of this clausein all Sub-contracts to perform work under theContract.

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(D) Equal Employment Opportunity Clause
This section is applicable to all Contracts and Sub-contracts of $10,000 or more Section 202 Equal Employment Opportunity Clause (Executive Order 11246 dated 9/24/65, as amended by Executive Order 1135 dated 10/13/67 and Executive Order 120869 dated 10/5/78, and as supplemented in Department of Labor Regulations (41CFR, Part 60 1.34(b))

1. The contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex, or national origin. Thecontractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not belimited to, the following: 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. Thecontractor will, in all solicitations or advertisements for employees placedby or on behalf of the contractor, state that all qualified applicants will receive consideration for employmentwithout regard to race,color,religion,sex, or national origin.

3. Thecontractorwillsend to each labor union orrepresentative ofworkers withwhich the contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the noticein conspicuous places availableto employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, andwill permit accessto its books,records, and accounts by the administering agency and the Secretary of Laborfor purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the contractor's noncompliance with the discrimination clauses of this contract or with any of thesaid rules, regulations, or orders, thiscontract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or Federally assisted construction contractsin accordancewith procedures authorized in ExecutiveOrder 11246 of September 24, 1965, and such other sanctions may be imposed and remediesinvoked as provided in ExecutiveOrder 11246 of September 24, 1965, or by ruled, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.

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7. The contractor will include the portion of the sentence immediately preceding paragraph (1) andtheprovisionsofparagraphs(1)through(7)in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 504 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protectthe interests of the United States.

8. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work; provided, that if the applicantso participating is a State orlocal government, the aboveequal opportunity clauseis not applicable to any agency, instrumentality, or subdivision of such government which does not participatein work on or under thecontract.

9. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and sub-contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

10. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts, pursuant to the Executive Order and willcarry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refusesto complywith these undertakings, the administering agency may take any or all of the following actions:
cancel, terminate, or suspend in whole or in partthis grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriatelegal proceedings.

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(E) Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity: Executive Order 11246:

This section is applicableto all Contracts and Sub-contracts of $10,000 or more;

1. The Offeror’s or Bidder's attention is called to the"Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and women participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered areas are asfollows:

TIMETABLES

GOALS FOR MINORITY

PARTICIPATIONIN EACH
TRADE

GOALS FOR WOMEN

PARTICIPATIONIN EACH
TRADE
April 1, 1981 Until
further notice

28.9%
These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligationsrequired by thespecifications setforth in 41CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and women employment and training must be substantially uniform through the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or women employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

6.9%

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs, U.S. Department of Labor, within 10 working days of award of any construction or sub-contract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification s shall list the name, address, and telephone number of the contractor or subcontractor; estimated starting and completion dates of the contract; and the geographical area in which the contract is to be performed.

4. As used in this notice, and in the contract resulting from this solicitation, the "covered area" map is shown on page 30 of the Section 3 Manual.

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5. OFCCP Contact information:

U.S. Department of Labor for OFCCP 90 7th
Street
Suite # 18-300
San Francisco, CA 94103
(415) 625-7800
(415) 625-7799 (Fax)
(877) 889-5627 (TTY-National Office)
(F) Standard Federal Equal Employment Opportunity Construction Contract Specifications: Executive Order 11246 (41 CFR Part 60-1):

This section is applicableto all Contracts and Sub-contracts of $10,000 or more;

1. As used in thesespecifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employeridentification number"meansthe Federalsocialsecuritynumber used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes:
i. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin).
ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless ofrace).
iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, southeast Asia, the Indian subcontinent or the Pacific Islands). iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiabletribal affiliations through membership and participation or community identification).

2. Whenever the contractor, or any sub-contractor at any tier, sub-contracts a portion of thework involving any construction trade, itshall physically includein each sub-contract in excess of $10,000 the provisions of these specifications and the notice which containsthe applicable goals for minority and female participation andwhich is set forth in thesolicitations from which this contract resulted.

3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.

S. Department of Labor in thecovered area either individually

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or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or sub-contractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or sub-contractors toward a goal in an approved plan does not excuse any covered contractor's or sub-contractor's failure to take good faith efforts to achieve the plan's goals and timetables.

4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractorshould reasonably be ableto achievein each construction trade in which it hasemployeesin the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established forthe geographical area wherethe work is being performed.Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor thefailure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.

Department of Labor.

7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as thefollowing:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which thecontractor'semployees are assigned to work. The contractor, where possible, will assign two or more

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women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when thecontractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant andminority orfemalereferral from a union, a recruitmentsource or community organization and ofwhat actionwas taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor bythe union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additionalactions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has notreferred to the contractor a minority person or woman sent by the contractor or when thecontractor has otherinformation that the union referral process hasimpeded thecontractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participatein training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approvedby the Department of Labor. The contractor shall provide notice of these programs to thesourcescompiled under 7.b. above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the

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initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providingwritten notification to and discussing thecontractor's EEO policy with other contractors and sub-contractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs.Not laterthan one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitmentsource, thecontractorshallsendwritten notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in theselection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60.3.
l. Conduct at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or singleusertoilet and necessary changing facilitiesshall be provided to assure privacy between thesexes. o. Document and maintain a record of all solicitations of offers forsub-contracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations.

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8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor- community, or othersimilar group of which thecontractoris a member and participant,may be asserted as fulfilling any one or more of its obligations under 7.a. through 7.p. of these specifications provided that thecontractor actively participatesin the group,makes every effort to assure that the group has a positive impact on theemployment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of thecontractor. The obligation to comply,however, is the contractor's and failure of such a group to fulfill an obligation shallnot be a defense for thecontractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is under- utilized).

10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin.

11. The contractor shall not enter into any sub-contract with any person or firm debarred from government contracts pursuant to Executive Order 11246.

12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing sub-contracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractorwho failsto carry out such sanctions and penaltiesshall bein violation of these specifications and Executive Order 11246, as amended.

13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

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14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates ofchanges in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.

Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall beconstrued as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area resident (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

IX. Clean Air Act, Federal Water Pollution Control Act, and E.O. 11738 This section is applicableto all Contracts and Sub-contracts of $150,000 or more. a. The undersigned agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et. seq., and the Federal Water Pollution Control Act as amended, 33 U.S.C. 1251 et. seq. Violationsshall be reported to the appropriate Regional Office of the Environmental Protection Agency.
b. The undersigned shall include the language of this certification in all contracts and sub-contracts in excess of $150,000.

X. Procurement of Recovered Materials
This section is applicableto all Contracts and Sub-contracts of $150,000 or more. a. In the performance of thiscontract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— • Competitively within a timeframe providing for compliance with thecontract performance schedule • Meeting contract performance requirements; or
• At a reasonable price
b. Information about this requirement, along with thelist of EPA designated items, is Available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
XI. Certification of Understanding and Authorization
This section is applicableto all Contracts and Sub-contracts Complete and return form provided on page 33 hereto attached and incorporated into this contract and sub-contracts.

Thisisto certify thatthe principals, and the authorized payroll officer, below, haveread and understand the Minutes of the Pre-Construction Conference, the applicable State and/or Federal Labor Standards clauses pertaining to the subject project and the U.S. Department of Labor and/or State Department of Industrial Relations' wage determinations and select the following for the presented project.

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XII. Anti-Lobbying Certification
This section is applicableto all Contracts and Sub-contracts. Form on Page 32 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 24 CFR Part 87 and Section 1352, U.S. Code. Any person who makes an expenditure prohibited by this part shall be subject to a civil penalty of not less than $20,489 and not more than $204,892 for each such expenditure. Any person who fails to file or amend the disclosure form (see appendix B of this part) to be filed or amended if required by this part, shall be subject to a civil penalty of not less than $20,489 and not more than $204,892 for each such failure.

Contractorcertifies, to the best of his or her knowledge or belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. Thelanguage of this certification shall beincluded in all award documents for all sub-awards at all tiers (including Sub-contracts, sub-grants, and Contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this ttransaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. code. Any person who fails to file the required certification shall be subject to a civil penatly of not less that $10,000 and not more than $100,000 for such failure.

XIII. Child Support Compliance Act
This section is applicableto all Contracts and Sub-contracts of $100,000 or more. Contractor acknowledges and agrees to thefollowing:

The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and the

Page 16 ends

Contractor, to the best of his/her knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department
XIV. Workers’’ Compensation, Unemployment, Disability and Liability Insurance This section is applicableto all Contracts and Sub-contracts The Contractor shall have and maintain in full force and effect during the term of this agreement such forms of insurance, at such levels, as may be determined by the City/County and the State to be necessary for specific components of the grant activity, including, but not limited to, worker’s compensation insurance, unemployment insurance, disability insurance and liability insurance.

XV. Reporting
This section is applicableto all Contracts and Sub-contracts Contractor and sub-contractors shall provide regular reports to Adams Ashby Group compliance officer.

Reports to be submitted to granting agency shall be provided to compliance officer in a reasonable time to allow for review and corrections prior to submittal to the granting agency.

Within 5 days of Notice of Award, Contractor and all Sub-contractors, including lower tier sub-contractors, will supply:
• Certificate of Understanding and Authorization (Pg. 33) • Contractors Certification Regarding State Labor Standards(Pg. 34-35) • Fringe Benefit Statement (Pg. 37)
• Anti-lobbying Statement (Pg. 32)
• WageDetermination Chart (Pg. 36)
Detailed Classification Identification to be completed for all covered classifications anticipated for the project. When applicable, a comparison between Federal and State wages will be required to ensure the highest rate is paid for the project.
• Insurancecertificates-liability, auto and workerscomp with contractor or City as additional insured • Signed Sub-Contract agreement/Quote/Purchase order
• Drug-free Workplace Certification (Pg. 31)
XVI. CertifiedPayrolls
a. Contractor will submit a Certified Payroll Report and Federal Statement of Compliance with original blue ink, wet signature or valid digital signature (valid digital signatures will have a time/date stamp) within seven days of the end of payroll period. This includes if applicable, the required E-CPR filedwith the State ofCaliforniaDIR electronic payroll submittal process (PWC-100). b. Contractor will supply all back up documentation for all deductions including “other” c. When the project is subject to State and Federal Davis Bacon requirements. When there is a difference between the State and federal prevailing wage rate, the contractor must pay the higher rate.
d. Labor Compliance Reports (LCR) will beissued monthly, and a response will berequired within 7 days of report issuance.

Contractors and Sub-contractors understand and agree to supply upon request any additional information that may be needed for better understanding and/or required in order to comply with state and federal statutory and regulatory requirements.

XVI. Drug-Free Workplace. Contractor certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended. See Form provided on Pg. 31

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XVII. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises oris developed in the courseof or under such contract.

This section is applicableto all Contracts and Sub-contracts City/County is the owner of all records and information created, produced, or generated as part of the services performed underthisAgreement. City/County isthe owner of any invention or discovery that is produced during the time of this contract and related to the project. At any time during theterm of this Agreement, at the request of City/County, Contractor and/or sub-contractor shall deliver to City/County all inventions, findings, writings, records, and information created or maintained pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, photostatting, photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, electronicfiles or combinationsthereof.

XVIII. Awarding agency requirements and regulations pertaining to copyrights and rights in data.

This section is applicableto all Contracts and Sub-contracts (a) Definitions. As used in thisclause—
“Data” means:

Recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. “Unlimited rights” means:

The rights ofthe City/County to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of Rights.
(1) The City/County shall have—
(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of thisclause.
(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause. (iii) The right tolimit the release and use of certain data in accordance with paragraph (d) of this clause.
(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, theright to assertclaimto copyrightsubsisting in data first produced in the performance of this contract.
(c) Copyright—
(1) Data first produced in the performance of thiscontract. (i) The Contractor shall not assert or authorize others to assert any claim to copyright

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subsisting in any data first produced in the performance of this contract without prior written permission of the contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of City/County sponsorship (including contract number) to the data when delivered to the City/County, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the City/County, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the County. (ii) If the City/County desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee. (2)Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the City/County, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause. (d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.
(e) Indemnity. The Contractor shall indemnify the City/County and its officers, agents, and employees acting for the City/County against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of thecreation, delivery, publication, or use of any data furnishedunderthiscontract;or anylibelousorotherunlawfulmatter containedin such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicablelaws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished tothe Contractor by the City/County and incorporated in data to which thisclause applies.

XIX. Energy Efficiency.

The Contractor shall comply with mandatory standards and policies relating to energy efficiency which arecontained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

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XXI. Federal Labor Provisions(HUD 4010) Thissection is applicableto all Contracts and Sub-contracts Federal Wage Determination assigned to this project: CA20260018 MOD 3 attached hereto by reference.

XXII. The Project or Program to which the construction work covered by thiscontract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are includedin thisContract pursuanttotheprovisionsapplicabletosuch Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanicsemployed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949inthe construction or development ofthe project),will bepaidunconditionallyand not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of LaborundertheCopelandAct(29CFRPart 3), thefull amountofwagesand bonafidefringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than thosecontained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to beconstructively made orincurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll record accurately set forth the timespent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the DavisBacon poster (WH-1 321) shall be posted at all times by the contractor and its sub-contractors at thesite of the work in a prominent and accessible place where it can be easily seen by the other workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met
The contractor is encouraged to implement green infrastructure policies to the extent practicable and is encouraged, where appropriate, to utilize construction methods that emphasize high quality, durability, energy efficiency, a healthy indoor environment, sustainability, and water or mold resistance, including how it will support adoption and enforcement of modern building codes and reduction of hazard risk, including possible sea level rise, storm surge, and flooding. All rehabilitation, reconstruction, and new construction should be designed to incorporate principles of sustainability, including water and energy efficiency, resilience, and mitigating the impact of future disasters. Whenever feasible, the contractor should follow best practices such as those provided by the U.S. Department of Energy Home Energy Professionals: Professional Certifications and Standard Work Specifications.

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(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) Theclassification is utilized in the area by theconstruction industry; and (3) The proposed wage rate, including any bona fidefringe benefits, bears a reasonable relationship to the wagerates contained in the wagedetermination.
(4) If thecontractor and thelaborers and mechanics to beemployed in theclassification (if known), or their representatives. and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designeeto the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD orits designee within the 30-day period that additional timeis necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(5) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification andwagerate (including the amount designated forfringe benefits, where appropriate), HUD or its designee shall refer the questions,including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
(6) The wage rate(including fringe benefits where appropriate) determined pursuant to subparagraphs(1) (b) or(c) of this paragraph,shall be paid to all workers performingwork in the classification under this contract from thefirst day on which work is performed in theclassification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fidefringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanicthe amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of thecontractor, that the applicable standards of the Davis-Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further

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payment advance or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis- Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker. his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section I (b)(2)(B) of the Davis-Bacon Act the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrollsto HUD or its designeeif the agency is a party to the contract but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-WO14-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for thesubmission of copies of payrolls by all sub-contractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (WH-347 is included on pages 40).
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance(WH-348 is included on pages 41)," signed by the contractor or sub-contractor or his or her agent who pays or supervises the payment of the persons employed under thecontract and shallcertify thefollowing:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into thecontract

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(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of thissection.
(d) The falsification of any of the above certifications may subject the contractor or sub-contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231of Title 31 of the United States Code. (iii) The contractor or sub-contractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or sub-contractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Further- more, failure to submit the required records upon request or tomake such records available may be grounds for debarment action pursuant to 29 CFR Part5.1 2.

4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment asan apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess ofthe ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or sub-contractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration. The Ratio of trainees to journeymen

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on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.

If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which areincorporated by referencein thiscontract.

6. Sub-contracts. The contractor or sub-contractor will insert in any sub-contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the sub-contractors to include these clauses in any lower tier sub-contracts.

The prime contractor shall be responsible for the compliance by any sub-contractor or lower tier sub-contractor with all the contract clauses in 29 CFR Part 5.5.

7. Contract Termination; debarment. A breach of thecontractclausesin 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a sub-contractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by referencein this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not besubject to the general disputesclause of thiscontract Such disputes shall be resolved in accordancewith the procedures oftheDepartment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub-contractors) and HUD or its designee, the U.S. Department of Labor, or theemployees or their representatives.

10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participatein HUD programs pursuant to 24 CFR Part 24. (ii) No part of thiscontract shall besub-contracted to any person orfirm ineligiblefor award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

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(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both."

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any sub-contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to hisemployer.

B. Contract Work Hours and Safety Standards Act. As used in this paragraph, theterms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements.No contractor orsub-contractorcontracting for any part of thecontract work which may require or involve theemployment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanicreceivescompensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, thecontractor and any sub-contractor responsiblethereforeshall beliablefor the unpaid wages. In addition, such contractor and sub-contractorshall beliableto theUnited States(in thecase of work done under contract for the District of Columbia or a territory, to such District or to such territory, forliquidated damages. Such liquidated damagesshall becomputedwith respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account ofwork performed by the contractor orsubcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally-assisted con- tract subject to the Contract Work Flours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or sub-contractor for unpaid wages and liquidated damages as provided in the clauseset forth in subparagraph (2) of thisparagraph.
(4) Sub-contracts. Thecontractor or sub-contractorshall insert in any sub-contracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring thesub-contractors to include theseclauses in any lower tier sub-contracts. The prime contractor shall be responsible for compliance by any sub-contractor or lower tier sub-contractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

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C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat 96). (3) The Contractorshall includethe provisions of thisArticlein every sub-contractso that such provisions will be binding on each sub-contractor. The Contractor shall take such action with respect to any sub-contract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

D. Company Sponsored Benefit Plans
Company sponsored benefit plans must be approved in writing by the Department of Labor. Documentation of such approval will besubmitted within ten days ofcontractexecution. Any deduction related to unapproved plans will require signed authorization from the employeeto accompany the first payroll wherethe deduction is listed.

XXII. STATE LABOR STANDARDS PROVISIONS
This section is applicable to all Contracts and Sub-contracts unless the project meets the exemption provided in Section III.

State prevailing wage ratesshall apply when the State wage rate is higherthan the Federal wage rate. All contractors and sub-contractors are subject to the application of Section 1720 et seq. of the California Labor Code which details the regulations and procedures governing the payment of State prevailingwages. This project is also subject to the following California Labor Codes, 1771 et seq., 1774, 1775, 1776, 1777, 1778, 1779, 1810-1815 et seq., and 1861 et seq.

All contractors and sub-contractors are subject to the provisions of Section 3700 of the California Labor Code which requires that every employer be insured against liability for workers' compensation orto undertakeselfinsurancein accordancewith theprovisionsofthecode. Allcontractors and sub-contractors aresubject to the provisions of Sections 1810-1814 of the California Labor Code which provide that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and thecontractor or sub-contractorshall forfeit, as a penalty, $25 foreach worker employed in theexecution of the contract foreach calendar day during which a workeris required or permitted to labor morethan eight hours in any calendar day ormorethan 40 hoursin any calendarweek and is not paid overtime. Section 1815 of the California Labor Code requires that notwithstanding the provisions of Sections 1810-1814, employees ofcontractorswhowork in excess ofeight hours per day and 40 hours perweek shall becompensated for all hoursworked in excess ofeight hours per day at not less than l-l/2 timesthe basic rate of pay.

All primary contractors and sub-contractorswho arelisted on a bid proposalfor a publicworks project must be registered with the Department of Industrial Relations. This is in accordance with LaborCodesection 1771.1(a).No primary contractor orsub-contractorcan be awardeda public works contract unless registered with the Department of Industrial Relations (Labor Code section 1725.5). Link for registration and additional information is provided below: http://www.dir.ca.gov/Public-Works/Contractors.html XXIII. Contractor’s/Sub-Contractor’s Concerning Labor Standards and PrevailingWage Requirements This section is applicable to all Contracts and Sub-contracts unless the project meets the exemption provided in Section III.

Complete a wagecomparison chart using both State and Federal wage rates and return within 10 days of

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award for approval. It is the responsibility of the contractor to compare both Federal and State wages to determine and pay the higher of the two.

NO HELPER CLASSIFICATIONS ARE ALLOWED ON THIS PROJECT.

XXIV. Other Provisions
Owner Operators: All owner operators must either be added to the General Contractors payroll and processed as an employee of the General -OR- owner operator must submit certified payrolls to the General for review. The General Contractor shall review for accuracy then sign the Statement of Compliance.

Trucking Brokers: Trucking brokers will not be allowed on the project. If the operator is an employee of the brokers agency and the agency is a licensed contractor, then the Broker Agency would be the sub-contractor and provide all of the required documents as outlined herein and perform as a sub-contractor.

Architectural Barriers Act and the Americans with Disabilities Act § 570.487 Other applicable laws and related program requirements.

Lead-Based Paint Poisoning Prevention Act. (EXISTING HOUSING ONLY) States shall devise, adopt and carry out procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title.

If applicable, Contractor shall comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the implementing regulations in 24 CFR part 75. Section 3 requires that employment and other economic opportunities arising in connection with housing rehabilitation, housing construction, or other public construction projects shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be given to low- and very low-income persons. (SEE

APPENDIX PROVIDED AND IS HERETO ATTACHED BY THIS REFERENCE) Architectural Barriers Act and the Americans with Disabilities Act. (ALL CONSTRUCTION CONTRACTS) The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this subpart after November 21, 1996 and that meets the definition of residential structure as defined in 24 CFR 40.2, or the definition of building as defined in 41 CFR 101-19.602(a), is subject to the requirements of the Architectural Barriers Act of 1968 and shall comply with the Uniform Federal Accessibility Standards. For general type buildings, these standards are in appendix A to 41 CFR part 101-19.6. For residential structures, these standards are available from the Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Disability Rights Division, Room 5240, 451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2333 (voice) or (202) 708-1734 (TTY) (these are not toll-free numbers). [57 FR 53397, Nov. 9, 1992, as amended at 59 FR 33894, June 30, 1994; 60 FR 1916, Jan. 5, 1995; 61 FR 54922, Oct. 22, 1996; 64 FR 50225, Sept. 15, 1999; 80 FR 42367, July 16, 2015] Build America, Buy America Act. (ALL CONSTRUCTION CONTRACTS) This project must comply with the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver if applicable, this requirement must be met for the proposed project.

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CERTIFICATIONREGARDINGDEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVEREDTRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 85, Section

85.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING THIS CERTIFICATION, READ INSTRUCTIONS BELOW) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Grant Name of Participant/Contractor: /Project Number:

Participant Address:

Name/Title of Authorized Representative:

Signature Date

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospectivelower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason ofchanged circumstances.

4. The terms “covered transaction”, “debarred”, “suspended”, “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospectivelower tier participant further agrees by submitting this proposal that it will include theclause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thecertification iserroneous. A participant may decidethe method and frequency by which it determines theeligibility of its principals. Each participant may check the non-procurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except fortransactions authorized under paragraph 5 of theseinstructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Page 28 ends

BUSINESS ENTERPRISE INFORMATION FORM
OWNER NAME: OWNER PROJECT NUMBER:

PROJECT DESCRIPTION: PROJECT LOCATION:

PRIME CONTRACTOR INFORMATION

NAME/ADDRESS
Name of firm:

Contact Person:

Address:

City/State/Zip:

Phone:

Email:

TYPE OF CONTRACT
☐ ARCHITECT
☐ ENGINEER
☐ CONSTRUCTION
☐ SUPPLIER
☐ SERVICE
☐ DBE ☐ MBE ☐ WBE ☐ OTHER/NA AMOUNT OF CONTRACT/BID:

SUBCONTRACTOR INFORMATION
☐ DBE ☐ MBE ☐ WBE ☐ OTHER/NA NAME/ADDRESS
Name of Firm:

Contact Person:

Address:

City, Zip:

EIN/Phone:

Email:
☐ Subcontractor
☐ Joint Venture
☐ Supplier/Service
☐ Broker

TYPE OF CONTRACT/
TRADE:

CONTRACT AMOUNT:
☐ DBE ☐ MBE ☐ WBE ☐ OTHER/NA NAME/ADDRESS
Name of Firm:

Contact Person:

Address:

City, Zip:

EIN/Phone:

Email:
☐ Subcontractor
☐ Joint Venture
☐ Supplier/Service
☐ Broker

TYPE OF CONTRACT/
TRADE:

CONTRACT AMOUNT:
☐ DBE ☐ MBE ☐ WBE ☐ OTHER/NA NAME/ADDRESS
Name of firm:

Contact Person:

Address:

City, Zip:

EIN/Phone:

Email:
☐ Subcontractor
☐ Joint Venture
☐ Supplier/Service
☐ Broker

TYPE OF CONTRACT/
TRADE:

CONTRACT AMOUNT:

GOALS FOR MBE & WBE PARTICIPATION
% MBE % WBE
Construction 28.9% 6.9%
Equipment 28.9% 6.9%
Services 28.9% 6.9%
Supplies 28.9% 6.9%

FORM COMPLETED BY
Name: Title: Phone:

Signature Date: Email:

SEC. 3
SEC. 3
SEC. 3
SEC. 3

SUBCONTRACTOR UTILIZATION
This project WILL NOT
utilize subcontractors.

This project MAY utilize
the following subcontractors
This form is required for ALL projects
DBE=Disadvantaged Business Enterprise WBE=Woman Owned Business Enterprise (8A) MBE=Minority Business Enterprise

Page 29 ends

Federal-FORM C

CONTRACTOR/RECIPIENT CERTIFICATION
Firm Name Phone
Bid Amount
Address
Principle Service or Product:

Pleaseindicate percentage of ownership
☐ DBE/MBE/WBE % Ownership
☐ Prime Contractor
☐ Subcontractor
☐ Supplier of Material/Service
☐Broker
☐ Sole Ownership
☐ Partnership
☐ Corporation
☐ Joint Venture
Completed by:

Title Date
IMPORTANT: Contractors can no longer self-certify. They must be certified by EPA, small business administration (SBA), Department of Transportation (DOT), or by state, local, tribal, or private entities whose certification criteria match EPA’s.

California Public Utilities Commission where certifications can be obtained: Certification Proof ofcertification must be provided; a copy of the contractorcertification must be submitted with this form.

Falsification of thiscertification by a firm selected to perform federally funded work may result in a determination that the firm is non-responsive and ineligible forfuture contracts.

Not a DBE/MBE/WBE Business

Page 30 ends

CONTRACTOR’S/SUB-CONTRACTOR’S RACE AND

ETHNIC DATA REPORTING FORM
Provide a copy of this form for the primary owner of thecompany. Instruction provided below.

Name: Signature Date
INSTRUCTIONS:

A. The two ethniccategories you should choose from are defined below. You should check one of the two categories.

1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term “Spanish origin” can be used in addition to “Hispanic” or “Latino.”

2. Not hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

B. The five racial categories to choose from are defined below: You should check as many as apply to you.

1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America(including Central America), and who maintains tribal affiliation or community attachment.

2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, The Philippine Islands, Thailand, and Vietnam

3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition to "Black" or "African American".

4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, guam, Samoa, or other Pacific Islands.

5. White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.

Page 31 ends

Certification for
a Drug-FreeWorkplace
U.S. Department of Housing and
Urban Development
Applicant Name
Program/Activity Receiving Federal Grant Funding
Acting on behalf of the above-named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below:

I certify that the above-named Applicant will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees ---
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by paragraph a. that, as a condition of employment under the grant, the employee will ---
(l) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d. (2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d. (2), with respect to any employee who is so convicted ---
(l) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f.

2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUDfunding of the program /activity shown above: Place of Performance shall include the street address, city, county, State , and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding) ☐ Check hereif there are workplaces on filethat are notidentified on the attached sheets.

I hereby certify that all the information stated herein, as well as any informationon provided in the accompaniment herewith, is true and accurate. Warning:

HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U. S.C. 1001, 1010, 1012; 31 U. S.C. 3729, 3802)
Name of Authorized Official I Title
form HUD-50070 (3/98)
ref. Handbooks 7417.1, 7475.13, 7485 .1 & .3
Anti-Lobbying Certification
The undersigned official of (contractor) certifies, to the best of his or her knowledge and beleif that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3) It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including sub-contracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature of Authorized Official Date

Page 32 ends

Page 33 ends

CERTIFICATION OF UNDERSTANDING AND

AUTHORIZATION
PROJECT NAME:

Contractor Name:

License No:

Contractor Address:

Allcontractors and sub-contractors shall forward thiscertification to the Local Contracting Agency prior to beginning work on thejob site.

This is to certify that the principals, and the authorized payroll officer, below, have read and understand the Minutes of the Pre-construction Conference, the applicable State and/or Federal labor standards clauses pertaining to thesubject project and the U.S. Dept. of Labor and/or State Dept. of Industrial Relations' wage determinations and select thefollowing for the presented project(s):
(List Craft and Classifications here – useseparatesheet if necessary) Thefollowing person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance which will accompany our weekly certified payroll reports for this project:

Payroll Officer Name: Signature
Authority provided by Owner:

Name: Signature Date

Page 34 ends

LABOR STANDARDS AND PREVAILING WAGE

REQUIREMENTS
CONTRACTOR: DATE:

PROJECT NUMBER (IF ANY):

CONTRACTOR LIC. NO. PROJECT NAME:

1. The undersigned, having executed a contractwith:

For the construction of the aboveidentified project, acknowledges that:

A. Thelabor standards provisions areincluded in the aforesaid contract; B. Correction of any infractions of the aforesaid conditions, including infractions by any of his/her sub-contractors and any lower tier sub-contracts, is his/herresponsibility.

C. He/she is aware of the provisions of Section 1774 of the California Labor Code which requires that the State prevailing wage be paid to workmen employed in connection with the contract unless the project meets the exemption provided in Section III (pg. 3) of the Labor Compliance Manual and Contract Language. He/she is aware that if Federal funds are used to finance any part of theconstruction of the above-identified project, that the DavisBacon Act applies. He/she understands that the requirements for payment of prevailing wages apply to the work he/she will perform for this project and agree to comply with such requirements. He/she further realizes that the State and/or Federal Labor Standards, as well as any applicable CRA Policy on Payment of Prevailing wages, provide for various penalties for violation of prevailing wage laws including penalties of $25.00 each calendar day or portion thereofeach worker affected.

2. He/shecertifies that:

A. Neither he/she nor any firm, partnership or association in which he has substantial interest is designated as an ineligiblecontractor by the ControllerGeneral oftheUnited States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, part 5 (29 CFR, Part 5 or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276 a-2 (a).

B. No part of the aforementioned contract has been or will be sub-contracted to any sub-contractor if such subcontractor or any firm,corporation, partnership or associationin which such contractor has a substantial interest is designated as an ineligiblecontractor pursuant to any of the aforementioned regulatory or statutoryprovisions.

Page 35 ends

C. He/she agrees to obtain and forward to the aforementioned recipient within ten days aftertheexecution of any sub-contract, including thoseexecuted by hissub-contractorsand any lower tier subcontractors, a Sub-contractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by thesub-contractors.

3. He/shecertifies that:
(a) Thelegal name and the business address of the undersigned are:
(b) The undersigned is:
(1) A single proprietorship (3) A corporation in the State of:
(2) A partnership (4) Other organization
(Described)
(c) The name, title, and address of the owner, partners or officers ofthe undersigned are:

Name Title Address
(d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are (if none, so state):

Name Address Nature of Interest
(e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are (if none, so state):

Name Address Trade Classification
Date:
(Contractor)
By:

State Rates
Classification
BASIC
HOURLY
RATE
Total
Hourly
Fringe
Total
HOURLY
Rate
State Decision:
2021-1
Apprentices:

Federal Rates
Classification
BASIC
HOURLY
RATE
Total
Hourly
Fringe
Total
HOURLY
Rate
Federal Decision:

CA20210018 05/14/2021
Apprentices
Wage Determination Chart

Page 36 ends

Completed By: .

Reviewed by: .

Health & Welfare Paid To: Name:
$ Address:

Pension Paid To: Name:
$ Address:

Vacation/Holiday Paid To: Name:
$ Address:

Other Paid To: Name:
$ Address:

Indicate "cash to employee" when fringes are paid to the employee in their wages.

Subsistence or Travel:

Required: Y □ N □
$ Determination:

Contractor's License No.:

Indicate where fringes and training are paid.

Contractor Fringe Benefit Statement
Contractor / Subcontractor:

Project Name: Bid Package or Sub To: Today's Date:
mployer Payments
Phone:

Base Rate:$
Classification: Bid Advertisement Date:

Group/Period: Increase Date(s):

Fax:

In order that the proper Prevailing Wage Rates can be verified when checking payrolls on the above project, the hourly rates for fringe benefits, subsistence and/or travel allowance payments to employees, of the various classes of work, are to be tabulated below.

Training Paid To: Name:
$ Address:

Total Rate:_________
Health & Welfare Paid To: Name:
$ Address:

Pension Paid To: Name:
$ Address:

Vacation/Holiday Paid To: Name:
$ Address:

Other Paid To: Name:
$ Address:

Training Paid To: Name:
$ Address:

Total Rate:_________
Indicate where fringes and training are paid.

Indicate "cash to employee" when fringes are paid to the employee in their wages.

E
m
Revised fringe benefit statements must be submitted during the progress of work if a change in any rate of pay for any work classification is made.

Base Rate:$
Subsistence or Travel:

Required: Y □ N □
$ Determination:

Increase Date(s):

Employer Payments
Classification: Bid Advertisement Date:

Group/Period:

Title / Position:

Signature:

Submitted By:(Please Print)
$15.00
Business Address:

Page 37 ends

including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS DAS 140 (REV. 1/04)

Page 38 ends

PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.

Do not send this form to the Division of Apprenticeship Standards.

NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO
MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED

DATEOF EXPECTED OR ACTUAL START OF PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.

Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One of The Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM

DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.

List one occupation/craft per form
Date:
_____________________

To Applicable Apprenticeship Committee:

Name:

Address:

Tel. No. Fax No.

Contractor Requesting Dispatch:

Name:

Address:

License No.

PWC Registration Number:

Tel. No. Fax No.

Project Information: PWC Project Number _________________ Contract Number __________________________ Total Contract Amount. _____________________________ Sub-Contract Amount ___________________________ Name ofthe Project:

Address:

Dispatch Request Information:

Number of Apprentice(s) Needed: Craft or Trade:

Date Apprentice(s) to Report: (72 hrs. notice required) Timeto Report:

Name of Person to Reportto:

Address to Reportto:

You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or
visit https://www.dir.ca.gov/das/PublicWorksForms.htm
DAS 142 (Revised 10/18)
Rev. January 2025
OMB No.: 1235-0008
Expires: 01/31/2028
U.S. Department of Labor
Wage and Hour Division
Davis-Bacon and Related Acts Weekly Certified Payroll Form (For Contractor’s Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Unless otherwise noted, the information requested is specific to the named project below.

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.  SUBMISSION OF FINAL DBRA CERTIFIED PAYROLL FORM  PRIME CONTRACTOR  SUBCONTRACTOR PROJECT NAME PROJECT NO. or CONTRACT NO. CERTIFIED PAYROLL NO. PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS NAME PROJECT LOCATION WAGE DETERMINATION NO. WEEK ENDING DATE PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS ADDRESS (1A) (1B) (1C) (1D) (1E) (2) (3) (4) (5) (6A) (6B) (6C) (7A) (7B) (8) (9) WORKER ENTRY NO. WORKER LAST NAME WORKER FIRST NAME WORKER MIDDLE INITIAL WORKER IDENTIFYING NO. (J) JOURNEYWORKER (RA) REGISTERD APPRENTICE LABOR CLASSIFICATION ST = STRAIGHT TIME OT = OVERTIME (TOP) DAYS OF WORK WEEK
(BOTTOM) DATES

TOTAL HOURS WORKED FOR WEEKHOURLY WAGE RATE PAID FOR ST AND OTTOTAL FRINGE BENEFIT CREDITPAYMENT IN LIEU OF FRINGE BENEFITSGROSS AMT EARNED GROSS AMT EARNED FOR ALL WORK

DEDUCTIONS FOR ALL WORK
NET PAY TO WORKERFOR ALL WORKTAX WITHHOLDINGSFICAOTHER (MUST SPECIFY, SEE INSTRUCTIONS)TOTAL DEDUCTIONS

HOURS WORKED

EACH DAY
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
ST
OT
While use of Form WH-347 itself is optional, covered contractors and subcontractors performing work on Federal or federally assisted construction contracts are required by the DBRA regulations and the contract clauses to submit payroll information on a weekly basis. The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federal or federally financed construction contracts to, on a weekly basis, “furnish a statement on the wages paid each employee during the prior week.” U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors and subcontractors to submit weekly certified payrolls to the appropriate Federal agency if the agency is a party to the contract (or, if the agency is not such a party, to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the Federal agency). Each certified payroll must be accompanied by a signed “Statement of Compliance” (e.g., page 2 of the WH-347 or another document with identical wording) indicating that the certified payrolls are accurate and complete, and that each laborer or mechanic has been paid not less than the required Davis-Bacon prevailing wage rate(s) (including any fringe benefits) for the work performed. DOL and contracting agencies receiving this information review the information to determine whether workers have received legally required wages and fringe benefits.

Public Burden Statement
We estimate that it will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210 (over)

Page 40 ends

PROJECT NAME PROJECT NO. or CONTRACT NO. PAYROLL NO. PRIME CONTRACTOR’S/SUBCONTRACTOR’S BUSINESS NAME PROJECT LOCATION WEEK ENDING DATE CERTIFYING OFFICIAL’s NAME AND TITLE I paid or supervised the payment of the laborers or mechanics working on the above project during the stated time period. I certify the following:

The payroll information submitted with this statement is correct and complete for the above project during the above period, and the wage and fringe benefit rates paid to the workers, including credit taken for the reasonably anticipated costs of a bona fide fringe benefit plan, fund or program, are not less than the applicable wage and fringe benefits rates for the classification(s) of work actually performed, as specified in the wage determination(s) incorporated into the contract.  All regular payrolls and all other basic records that the contractor is required to maintain for this payroll period are complete and accurate and will be made available upon request from the agency or the Department of Labor.
 The classifications reported for each laborer or mechanic are the classification(s) of work that each worker actually performed. 
Any workers paid as apprentices during the above period are duly registered in a bona fide apprenticeship program registered with the Office of Apprenticeship, Employment and Training Administration, United States Department of Labor (“OA”), or a State Apprenticeship Agency (“SAA”) recognized by Department of Labor. I have verified the registered apprenticeship program information provided below as accurate and applicable to any apprentices identified on page 1 of this form.

APPRENTICESHIP PROGRAM NAME REGISTERED NAME OF LABOR CLASSIFICATION  OA  SAA
 OA  SAA
 OA  SAA

Fringe benefits have been paid in cash and/or to bona fide fringe benefit plans, funds, or programs. Where the contractor is claiming an hourly credit for their contributions to or reasonably anticipated costs of a bona fide fringe benefit plan, fund, or program, provide plan information and the hourly credit claimed for each worker listed on the previous page of this form.

HOURLY CREDIT FOR FRINGE BENEFITS
If an amount is listed in (6B) on the first page of this certified payroll form, enter the hourly credit claimed under each plan name, type and number for each worker and check whether the plan is funded or unfunded.

NAME OF WORKER

FB NAME FB NAME FB NAME FB NAME FB NAME FB NAME
TOTAL
HOURLY
CREDIT

FB TYPE FB TYPE FB TYPE FB TYPE FB TYPE FB TYPE
PLAN NO. PLAN NO. PLAN NO. PLAN NO. PLAN NO. PLAN NO.
 Funded  Unfunded  Funded  Unfunded  Funded  Unfunded  Funded  Unfunded  Funded  Unfunded  Funded  Unfunded Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hourly Credit $ Hrly Credit $ $  All workers on the project have been paid the full weekly wages earned, and no rebates or deductions have been or will be made either directly or indirectly, other than permissible deductions as defined in 29 CFR part 3.

ADDITIONAL REMARKS

SIGNATURE OF CERTIFYING OFFICIAL DATE TELEPHONE NUMBER EMAIL ADDRESS THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION (SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF TITLE 31 OF THE UNITED STATES CODE), AS WELL AS DEBARMENT FROM FUTURE FEDERAL AND FEDERALLY-ASSISTED CONTRACTS. INFORMATION REPORTED IN CERTIFIED PAYROLLS MAY BE SUBJECT TO DISCLOSURE IN RESPONSE TO A FREEDOM OF INFORMATION ACT REQUEST.

Page 41 ends

STATEMENT OF NON-PERFORMANCE
Payroll No.: Date:

I do hereby state that no persons employed by _________________________________________ performed work on the construction project known as __________________________________ during the payroll period commencing on the ___________ day of ________________, 20_____ and ending on the ___________ day of ________________, 20_____.

Printed Name _____________________________ Title ________________ Signature of authorized person ___________________________________ Final Payroll: Yes No
This statement is not required to be submitted until after submission of the initial payroll report. It must then be submitted by the contractor for each week, in place of a certified payroll, where no work is performed until the final certified payroll is submitted. (Contractor Name)
(Project Name)

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PLANNING

DEVELOPMENT
&
UNITY
Build America, Buy America Act:

Buy America Preference
(BAP) Certification

CERTIFICATION
Project Information
Contractor
Project Number
Project Name
This “Buy America Preference Certification” is used to certify that, as required by the Build America, Buy America (BABA) Act, all of the iron, steel, manufactured products, and construction materials incorporated into an infrastructure project are produced in the United States, unless exempted by a HUD general waiver or a project-/product-specific waiver approved by the Made in America Office (MIAO) at the Office of Management and Budget (OMB).

For covered materials not otherwise exempted from the Buy America Preference (BAP), the undersigned certifies the following:
• All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; • All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; • All construction materials used in the project are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

Attach a list of all covered materials procured by the signatory and used in the project.

I hereby certify this information is complete and accurate and agree to provide documentation collected on the country of origin for all covered materials I caused to be incorporated into or affixed to an infrastructure project to the CPD grantee and HUD upon request. I understand and agree that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature Title/Organization Date
This material is based upon work supported, in whole or in part, by Federal award number C-21-TA-MD-0009 awarded to Enterprise Community Partners, Inc. by the US Dept of HUD. The substance and findings of the work are dedicated to the public. Neither the United States Government, nor any of its employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Reference herein to any individuals, agencies, companies, products, process, services, service by trade name, trademark, manufacturer, or otherwise does not constitute or imply an endorsement, recommendation, or favoring by the author(s), contributor(s),the U.S. Government or any agency thereof. Opinions contained herein are those of the author(s) and do not necessarily reflect the official position of, or a position that is endorsed by, HUD or any Federal agency. Page 43

THIS PAGE IS INTENTIALLY LEFT BLANK
1 ADAMS ASHBY GROUP
1000 Lincoln Rd H-212
Yuba City, CA 95991
(916) 449-3944 p
(916) 449-3934 f
Department of Housing & Community Development
- CDBG Program
Section 3 Manual Requirements & Forms
Section 3 documents remitted to:

[email protected] -Brenda
Attached Form Who Page
Section 3 Acknowledgement All Contracts 2
Intent to Comply All Contracts 17
Form 2- List of Permanent Employees
Section 3 Triggered
19 Estimated Project Work Force Breakdown
All Contracts
18 Qualification Document Checklist 21
Worker/Targeted Worker/Employer Certification All Contracts 20 Business Concern Certification Section 3 Triggered 22
Form 3- Qualitative Efforts Section 3 Triggered
Section 3 Triggered
23-24
Form 4 -Section 3 Clause 25-26
Form 5 -Quarterly Compliance Report Section 3 Triggered 29 Labor Hours Tracking Form All Contracts 27-28
Signature:

Printed Name:

Company:

Date:

SECTION 3 ACKNOWLEDGEMENT
The provisions included in this section are by this reference attached to the bid document, contract, and all sub-contracts associated to this contract. The signature provided below acknowledges the references as stated, states understanding, and ensures compliance to the greatest extent feasible. This page and all required forms shall be provided to the compliance officer with original blue ink, wet signatures/valid digital signatures (valid digital signatures will have a time/ date stamp) prior to construction commencing (This is required for General Contractor and ALL Sub-Contractors).

By signing below you acknowledge you have read and understand the provisions included in this document, will ensure the provisions are included in all contracts and sub-contracts connected to the project, and shall comply as outlined.

At the time of progress payment by the general contractor to the Agency, the following documents shall be submitted by the general contractor to Adams Ashby Group, Inc. for all work performed:

Page 2 ends

Incorporate into
all contracts
Tool for contractors
to qualify workers

Page 3 ends

What is Section 3?
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood improvement, and individual self-sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very low-income residents in connection with projects and activities in their neighborhoods.

HUD funding through its HOME Investment Partnership Assistance (HOME), Community Development Block Grant (CDBG), Housing Opportunities for Persons with AIDS (HOPWA), Emergency Shelter Grants (ESG), and Neighborhood Stimulus Program (NSP) programs. Allocation of the above funds trigger Section 3 requirements whenever the project creates the needs for new employment, contracting, or training opportunities.

Section 3 projects or activities involve housing construction, rehabilitation (including reduction and abatement of leadbased paint hazards), demolition, or other public construction. Section 3 is triggered when housing and community development financial assistance through HUD programs exceeds $300,000. When financial assistance through the Lead Hazard Control and Healthy Homes program exceeds a threshold of $150,000, Section 3 is triggered for that project.

Economic Opportunities Available Under Section 3
Under Section 3, job training, employment, and contracts may be available. Any employment resulting from these expenditures, including administration, management, clerical support, and construction, is subject to compliance with Section 3. Some example opportunities include:

Accounting
Architecture
Appliance Repair Bookkeeping
Bricklaying Carpentry Carpet
Installation Catering Cement/
Masonry Computer/
Information Demolition
Drywall
Electrical
Elevator Construction
Engineering Fencing
Florists
Heating
Iron Works Janitorial
Landscaping Machine
Operation
Manufacturing
Marketing Painting
Payroll Plastering
Plumbing Printing/
Purchasing Research
Surveying Tile setting
Transportation Word
Processing

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Definitions:

Contractor – any entity entering a contract with:
• A recipient to perform work in connection with the expenditure of federal financial assistance or for work in connection with a Section 3 project or
• A subrecipient for work in connection with a Section 3 project.

Construction – the creation of a new or replacement facility, the substantial rehabilitation of an existing facility, or the limited rehabilitation of an existing facility. This includes construction and/or rehabilitation of water and wastewater systems. The cost of acquiring new or replacement equipment may be included in the cost of construction.

Labor Hours – the number of paid hours worked by persons on a Section 3 project.

Low-income person – low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 80 percent of the area median individual income. HUD limits may be obtained from: https://www.huduser.gov/portal/datasets/il.html.

Materials supply contract – a contract entered into solely for the purchase of products or material.

Professional services – non-construction services that require an advanced degree or professional licensing, including but not limited to engineering services, architectural services, legal services, financial consulting, accounting services, and environmental assessment.

Recipient – any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.

Section 3 Business Concern – A business or non-profit business that meets at least one of the following criteria, documented within the last 6-month period:
• At least 51% owned and controlled by low- or very low-income persons; • Over 75% of the labor hours performed for the business over the prior 3-month period are performed by Section 3 workers; or
• A business at least 51% owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

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Section 3 Project – any housing rehabilitation, housing construction, and other public construction project assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds $300,000. The threshold is $150,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, the Lead-Based Paint Poisoning Prevention Act, and the Residential LeadBased Paint Hazard Reduction Act of 1992.

Section 3 Worker – any worker who currently fits, or when hired within the last 5 years fit, at least one of the following categories, as documented:
• The worker’s income for the previous or annualized calendar year is below the income limit established by HUD (the worker is either low- or very low-income)
• The worker is employed by a Section 3 Business Concern • The worker is a YouthBuild participant
Service Area/Neighborhood of the project – an area within 1 mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

Subcontractor – any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor’s obligation for the performance of work generated by the expenditure of Section 3 Covered Assistance or arising in connection with a Section 3 Covered Project.

Subrecipient – the local government or organization awarded HOME, CDBG, HOPWA, ESG or NSP funds for an activity. The subrecipient may commonly be referred to as the “grantee” or the “community” over the course of the activity.

Targeted Section 3 Worker – any worker who meets at least one of the following criteria:
• Is employed by a Section 3 Business Concern or
• Currently fits or when hired fit at least one of the following categories, as documented within the past 5 years:
- Living within the service area or the neighborhood of the project, as defined in 24 CFR § 75.5 - A YouthBuild participant
Very Low-Income Person – very low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 50 percent of the area median individual income.

HUD income limits may be obtained from:
https://www.huduser.gov/portal/datasets/il.html.

YouthBuild – a community-based pre-apprenticeship program that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school. The program was created under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226). More information can be found here:
https://www.dol.gov/agencies/eta/youth/youthbuild.

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Section 3 Compliance
HUD’s regulations for implementing Section 3 mandates can be found at 24 CFR Part 75. These administrative rules establish the requirements to be followed to ensure the objectives of Section 3 are met. Federal rules do not require grant recipients to contract or subcontract with a Section 3 business concern, nor do the rules require hiring of Section 3 workers. However, grant recipients must be able to demonstrate that, where possible, contracting, employment, and training opportunities were made available to workers and businesses meeting Section 3 designation criteria.

Applicability and Threshold
Per 24 CFR § 75.3, Section 3 applicability is determined by meeting the requirements of three criteria:

1. The project is funded in whole or in part by HUD Community Planning (CPD) funding.

2. The funding is used for one of the following types of projects:
- Housing rehabilitation (including reduction and abatement of lead-based paint hazards, but excluding routine maintenance, repair, and replacement) - Housing construction
- Other public construction (includes, but not limited to, construction of buildings, facilities, and infrastructure such as water, wastewater system, roadways, and drainage)

3. The total amount of the assistance cost of the project exceeds $200,000, or $100,000 for a lead-based paint project.

If a project does not meet all three of the above criteria, Section 3 is not applicable. Additionally, Section 3 is determined at the project level, which “is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing”. If a local government or organization undertakes multiple projects that include federal funding, but are unrelated, Section 3 applicability is determined for each project.

Section 3 does not apply to all project types. The following types of projects are specifically exempt from complying with Section 3 requirements:

1. Contracts for materials.

2. Contracts for professional services (engineering, architecture, and non-construction services that require an advanced degree or professional licensing).

3. Procurement of equipment not related to housing rehabilitation, housing construction, or other public facilities construction, including fire trucks, ambulances, etc.

However, recipients who undertake projects that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.

Page 7 ends

Section 3 and Targeted Section 3 Workers
To meet the Section 3 reporting requirements, all workers at the project must be classified as one of 3 worker categories – report the most restrictive category that is appropriate for an individual worker:

All individuals performing applicable work / labor hours for the Federally funded project that do not meet one of the Section 3 designations are reported only under the “All Workers” category.

All sub-recipients, contractors, and subcontractors must meet the above requirements, regardless of whether Section 3 language is included in recipient or sub-recipient agreements, programs regulatory agreements, or contracts.

Sub-recipients/Grantees receiving Federal funds must include language applying Section 3 in any agreement or contract for a Section 3 project.
- Section 3 business concerns that provide opportunities to Section 3 workers residing within the sevice area or the neighborhood of the project, and - YouthBuild pograms
Employment, Training, and Contracting Requirements
For qualifying projects that receive federal assistance, Section 3 has requirements pertaining to employment and training.

To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations (24 CFR §§ 75.9 & 75.19), recipients covered by this subpart shall ensure that employment and training opportunities in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or non-metropolitan county) in which the project is located.

Whenever possible, priority for opportunities and training should be given to:

To the greatest extent feasible, and consistent with Federal, state, and local laws and regulations (24 CFR §§ 75.9 & 75.19), recipients covered in this subpart shall ensure contracts for work awarded for Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or non-metropolitan county) in which the project is located.

When feasible, priority for contracting opportunities should be awarded to:

Page 8 ends

Criteria for Targeted Section 3 Worker Designation
The Targeted Section 3 Worker is a worker that is:
• Employed by a Section 3 business.
• Currently fits or when hired fit in at least one of the following categories, as documented within the last five years:
- Low- or very low-income worker living within the service area of the project. The service area is within a one-mile radius of the Section 3 project. If fewer than 5,000 people live within that one-mile radius, the circle may be expanded outward until that population is reached. - A YouthBuild participant.

All Targeted Section 3 Workers are also considered Section 3 Workers. When comparing the two definitions above, the only difference between a Section 3 Worker and a Targeted Section 3 Worker lies in how close in proximity the worker resides to the Section 3 project.

The status of workers on the Section 3 project will be determined by one of the following methods:

1. Worker income certification: The use of certification forms provided to contractors and subcontractors working on the project. Each worker on the project must complete the provided certification form to be kept in the grant record for reference when tracking and aggregating labor hours worked. One form will be provided for a Section 3 Worker/ Targeted Worker Certification (pg.21-22).

2. Worker is employed by a Section 3 Business Concern: The contractor or subcontractor can provide documentation that it qualifies as a Section 3 Business Concern (pg.23). All employees of a qualifying business will beconsidered Section 3 Workers.

3. Worker certification of participation in a means-tested program such as public housing or Section 8-assisted housing.
• The worker’s individual income for the previous or annualized calendar year is below the income limit published annually by HUD.

NOTE: Income of family members other than the employee are excluded from this determination. • The worker is employed by a Section 3 business concern. • The worker is a YouthBuild participant.

Criteria for Section 3 Worker Designation
To comply with Section 3 reporting requirements, the grant recipient must determine whether each individual performing construction or administrative work on the project meets the criteria for a Section 3 Worker. A Section 3 Worker is any worker who currently, or when hired by the current employer within the past five years, fits at least one of the following categories:

Page 9 ends

4. Certification from a public housing authority (PHA), or the owner or property manager of project-based Section 8-assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs.

5. Worker is a YouthBuild participant: Verifiable documentation must be provided by the worker or the employer showing the worker is participating in a YouthBuild program.

6. Employer wage records: The employer can provide certified documentation that the worker’s income from that employer is below the income limit for the corresponding area median income when based on an employer’s calculation of what the worker’s wage rate would translate to if annualized on a full-time basis.

Section 3 Service Area
To correctly identify Targeted Section 3 Workers, you must first confirm the Section 3 Service Area(A service area map is provided on page 30). A Section 3 Service Area for a project is determined as follows:
• Identify the project site. For infrastructure projects, the project site is the area included in the Environmental Review project description. The center point of this project is the basis for the Section 3 Service Area.
• Identify a circle with a one-mile radius, with the project site central point as the origin. • Calculate the population that resides within the one-mile circle. If it is less than 5,000 people (according to the most recent U.S. Census), then aggregate census block group geographies totaling a minimum of 5,000 persons that both:
- Surrounds all components of the project site, AND
- Most closely approximates a circle shape.

Criteria for Section 3 Business Designation
The Section 3 Final Rule has changed the definition of a Section 3 Business Concern to meet one of the following criteria:
• It is at least 51% owned and controlled by low- or very low-income persons; • Over 75% of the labor hours performed for the business over the previous three-month period are performed by Section 3 Workers; or
• It is a business at least 51% owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

Contractors or subcontractors who wish to be identified as a Section 3 Business must complete the Section 3 Business Self-Certification form and provide requested backup documentation. Documentation of Section 3 status can also be met by inclusion on any list or database published by HUD reporting Section 3 status.

Section 3 Business status will be reported once for each contract for services. Once a business is determined to be a Section 3 Business, the designation will remain in effect for the life of the contractor for services. Records supporting this status must be made available upon request to HUD, or other state and federal authorized officials.

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Establishing Section 3 Status
A Section 3 Business Concern Status A Section 3 Worker Status Businesses verify their status as a Section 3 Business
Concern at the time the contract is awarded.

Documentation proving status must be provided within 6
months.

Workers are established as Section 3 Workers or Targeted Section 3 Workers at either the date of initial hire/contract or Employee Certification date.

Once verified, a Section 3 Business Concern maintains its Section 3 status for as long as it continues to meet the definition. (24 CFR § 75.5)
Established Section 3 Workers or Targeted Section 3
Workers may count their labor hours for five years from the date used to establish their status.*
Section 3 defers to local, state, and other federal rules and regulations.
(24 CFR §§ 75.9 & 75.19)
Workers may re-establish their status as a Section 3
Worker or Targeted Section 3 Worker at the end of the
five-year period.
* Do not look back prior to the effective date of the New Rule, November 30,2020.

Determining Income Levels
Low income is defined as 80% or below the median income of that area.

Very low income is defined as 50% or below the median income of that area.

Please see below the current income limits for project location:
- Section 3 Workers = 25% of total labor hours
- Targeted Section 3 Workers = 5% of total labor
hours
Targeted Section 3 Workers are a subset of Section 3 Workers and any labor hours counted toward the total for Targeted Section 3 Workers will also count toward the total for Section 3 Workers.

For construction contractor certified payroll reports, HUD requires the first payroll on which each employee appears to include the employee’s name and an individually identifying number. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees.

NOTE: Section 3 Businesses may only be selected in accordance with procurement standards including price, ability, and willingness to comply with program requirements to be considered the lowest responsible bidders on contracting opportunities. Grant recipients should make every effort to ensure that Section 3 Businesses are able to effectively participate in the opportunity. Contractors and others should direct their efforts to award subcontracting opportunities generated from the expenditure of housing and community development financial assistance to Section 3 Businesses.

Benchmarks and Minimum Numerical Goals
HUD has established benchmarks for labor hours worked for both Section 3 Workers and Targeted Section 3 Workers for qualifying Section 3 projects as part of the revised Section 3 rule:
2025 Section 3 IncomeLimit
County of: Monterey 1 Person = Low $81,000 Very Low $50,600 Annualized Income Formula:

Base rate of pay $_______ x2080=_______

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HUD considers all sub-recipients who meet or exceed both benchmarks for Section 3 Workers and Targeted Section Workers to be in compliance. If a sub-recipient is unable to meet the benchmarks, the sub-recipient must report on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:

1. Engaged in outreach efforts to generate job applicants who are Targeted Section 3 Workers.

2. Provided technical assistance to help Section 3 Workers compete for jobs (e.g. resume assistance, coaching, etc.).

3. Provided training or apprenticeship opportunities.

4. Directed Section 3 Workers to obtain financial literacy training and/or coaching.

5. Assisted or connected Section 3 Workers with assistance in seeking employment by helping them prepare for interviews,connecting residents to job placement services, or pointed them towards job fairs.

6. Provided or referred Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare).

7. Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns.

8. Hosted job fairs.

9. Divided contracts into smaller jobs to facilitate participation by Section 3 Business Concerns.

10. Provided technical assistance to help Section 3 Business Concerns understand and bid on contracts.

11. Provided application assistance for attendance at a community college, a four-year educational institution, or vocational/technical training.

12. Provided bonding assistance, guarantees, or other efforts to support viable bids from Section 3 Business Concerns.

13. Contacted business assistance agencies, minority contractors’ associations, and community organizations to inform them of contracting opportunities and request their assistance in identifying Section 3 Business Concerns.

14. Provided written notice to all known Section 3 Business Concerns of the contracting opportunities. The notice should be in sufficient time to allow Section 3 Business Concerns to respond to the bid invitation or request for proposal.

15. Used the services and assistance of the U.S. Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce (http://www.mbda.gov/)

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Reporting
For Section 3 covered contracts, contractors must submit the Section 3 Labor Hours Tracking Form (pg. 28-29) on a weekly basis and the Section 3 Year-End Report should be submitted annually. The information required includes:
• The total number of labor hours worked
• The total number of labor hours worked by Section 3 Workers • The total number of labor hours worked by Targeted Section 3 Workers • The percentage of labor hours worked by Section 3 Workers • The percentage of labor hours worked by Targeted Section 3 Workers • If benchmarks are unmet, qualitative efforts and explanation of those efforts

1. Pay RequestReporting
a. Contractors are required to submit a labor hours report (pg. 28-29) with each payroll.

2. Annual Reporting
a. Once a year, contractors must submit a final Section 3 cumulative report for the program year. b. Upon completion of a project, a final review will be conducted of the project’s overall performance and compliance.
c. The Section 3 data will be submitted to HUD/HCD for the reporting period.

Responsibilities

1. Design and implement procedures to comply with the requirements of Section 3. Create forms and manuals to maintain and verify compliance. Ensure contractor and subcontractor awareness of and compliance with Section 3 benchmarks and responsibilities.

2. Verify Section 3 Workers, Targeted Section 3 Workers, and Section 3 Business Concerns (pg. 21-23).

3. Facilitate compliance among developers and contractors through pre-construction meetings.

4. Provide contractors with resources to locate certified Section 3 Workers and Section 3 Businesses.

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5. Incorporate Section 3 Clause (Form5, pg. 26-27) into all contracts.

6. Review funding applications for Section 3 applicability, capacity, and appropriate planning.

7. Prior to award of construction contract, require submittal of Intent to Comply (pg. 17) and current staff list (Form 2, pg.18) from all contractors scheduled for project.

8. Check scheduled contractors and subcontractors against the federal Debarment list (www.sam.gov).

9. Collect Section 3 Compliance Reports/Labor Hours Tracking Form (pg. 28-29) from all Section 3 Covered Projects.

10. Document files for compliance efforts, including records of job vacancies, solicitation for bids or proposals, selection materials, and contracts.

Subrecipient – Developer – Contractor – Subcontractor Responsibilities Section 3 applies to all projects that are receiving federal funding in excess of $200,000 (or $100,000 for lead-abatement projects). Sub-recipients, developers, contractors, or subcontractors that receive contracts with federal funding are required to comply with the Section 3 regulations. Subrecipients, developers, contractors, and subcontractors are responsible for communicating Section 3 information and regulations to everyone involved in the project.

Responsibilities of the sub-recipient/developer/contractor/subcontractor include the following:

1. Notification of Section 3 opportunity shall be advertised with one or more of the following:
- News paper publication
- Job training and placement agencies
- Previously funded affordable housing sites
- Local union halls
- List of certified Section 3 Workers and Section 3 Businesses - Small business development agencies

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2. Incorporate Section 3 Clause (Form 4, pg. 26-27) into all contracts.

3. Ensure subcontractors are aware of Section 3 requirements and responsibilities.

4. Certify Section 3 Workers, Targeted Section 3 Workers, and Section 3 Business Concerns (See Pages 20).

5. Attend pre-construction meetings.

6. Prior to award of construction contract, submit Intent to Comply (pg. 17) and current staff list (Form 2, pg.18) for Prime Contractor.

7. Submit Section 3 labor hours tracking with each payroll (pg 28-29).

8. Document files for compliance efforts including records of job vacancies, solicitation for bids or proposals, selection materials, and contracts. Maintain records for a minimum of five years.

9. If reporting indicates that the contractor has not met the Section 3 benchmarks described in § 75.23, the contractor must report the qualitative efforts pursued such as engaging in outreach efforts to generate Section 3 Workers, providing training or apprenticeship opportunities, engaging in outreach efforts to identify and secure bids from Section 3 business concerns, and promoting the use of business registries designed to create opportunities for disadvantaged and small businesses.

Complaints
Per §75.33, complaints alleging failure of compliance with Section 3 may report to the HUD program office responsible for the Section 3 project (https://www.hud.gov/), or to the local HUD field office.

HUD Washington
Assistant Secretary, Fair Housing and Equal
Opportunity Office of Economic Opportunity
Room 5100, Dept. of HUD
Region IX HUD Local Field Office
San Francisco Regional Office
One Sansome Street, Suite 1200
San Francisco, CA 94104
415-489-6400
[email protected]
451 Seventh Street, SW
Washington, DC 20410
202-708-1112

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FAQs
Does a business have to be incorporated to be considered a Section 3 eligible business? No. A Section 3 business concern can be any type of business, such as a sole proprietorship, partnership, or a corporation, properly licensed and meeting all legal requirements to perform the contract under consideration.

What recordkeeping responsibilities do contractors and subcontractors have if they receive Section 3 covered contracts? Contractors and subcontractors should maintain and provide any documentation that will assist in demonstrating Section 3 compliance to HUD including documentation that shows hours worked by all workers, Section 3 workers, Targeted Section 3 workers, and any qualitative efforts to comply with Section 3. Examples of documentation can be found in 24 CFR § 75.31 (https://www.ecfr.gov/cgi-bin/retrieveECFR?n=pt24.1.75#se24.1.75_131).

What if my company does not meet all benchmark goals for employment or contracting? If reporting indicates the company has not met the Section 3 benchmarks, the company should report on the qualitative nature of its activities such as those listed on pages 11 of this manual.

Can a nonprofit organization be considered a business concern for the purposes of Section 3? Yes. A nonprofit organization can be a business concern. Nonprofit organizations must meet the criteria of a Section 3 business concern as defined in 24 CFR § 75.5 in order to receive Section 3 preference.

Can contracting with a Minority Business Enterprise (MBE) or a Women Business Enterprise (WBE) count towards Section 3 benchmarks?
It depends. Section 3 is race and gender neutral. Only Minority Business Enterprises (MBEs)/Women Business Enterprises (WBE) that meet the eligibility criteria as a Section 3 business concern set forth in the regulation can be counted towards the Section 3 labor hour calculation.

Do Section 3 requirements apply to material only contracts? No. Section 3 does not apply to material only contracts or those that do not require any labor. For example, a contract for office or janitorial supplies would not be covered by Section 3. In this example, Section 3 would be encouraged, but not required. However, a contract to replace windows that includes the removal of existing windows, and the installation of new windows would be covered due to the involvement of labor.

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Are Section 3 workers or business concerns guaranteed employment or contracting opportunities under Section 3? Section 3 is not an entitlement program; therefore, employment and contracts are not guaranteed. Low- and Very Low-Income individuals and Section 3 business concerns must be able to demonstrate that they have the ability or capacity to perform the specific job or successfully complete the contract that they are seeking.

What documentation must be maintained by contractors and subcontractors certifying that low- and very low-income individuals and business concerns meet the regulatory definitions under Section 3? There are many ways a worker can be certified as either a Section 3 Worker or Targeted Section 3 Worker under 24 CFR Part 75. Please see pages 7-9 of this manual.

Will there be changes to the benchmark requirements?
The Secretary of HUD is required in the Benchmark Notice published in the Federal Register to review and update the Benchmarks by Federal Register no less frequently than once every three years.

If a project is funded with non-HUD assistance, do the requirements of Section 3 still apply? Section 3 applies to projects that are fully or partially funded with HUD financial assistance. Projects that are financed with state, local, or private matching or leveraged funds used in conjunction with HUD funds are covered by Section 3 if the amount of HUD funding for the project exceeds $300,000 (or $150,000 for a lead-abatement project).

Are developers, contractors, and subcontractors required to provide long-term employment opportunities, and not simply seasonal or temporary employment?
Developers, contractors, and subcontractors are required, to the greatest extent feasible, to direct employment opportunities to low- and very low-income persons, including seasonal and temporary opportunities. Benchmark goals include the calculation of all Section 3 Worker and Targeted Section 3 Worker labor hours as a percentage of all labor hours worked on a project. Developers, contractors, and subcontractors are encouraged to provide long-term employment to ensure that they meet the benchmark goals.

Are all public housing residents considered Section 3 Workers regardless of their income? No. To qualify as a Section 3 Worker, an individual must meet one of the following criteria:

1. The worker’s income for the previous or annualized calendar year is below the income limit established by HUD;

2. The worker is employed by a Section 3 business concern; or

3. The worker is a YouthBuild participant.

Do the benchmark requirements only count toward new hires? No. The rule does not apply to only new hires, but if someone is currently on staff and qualifies as a Section 3 resident, they will need to re-certify as either a Section 3 Worker or a Targeted Section 3 Worker under 24 CFR part 75.

Intent To Comply
Compliance Certification
To be completed and returned by all Contractors and Sub-Contractors.

Project Name: ___________________________________ Developer/Owner: _________________________ Contractor Name: __________________________________________________________________________ Contractor Address: _________________________________________________________________________ Contact Person: __________________________ Phone: __________________ Email: _________________ Contract Amount ($): ___________________________ Date of Contract: ____________________________ The undersigned owner and general contractor of the above-referenced project is committed to comply with the Section 3 Act and Section 3 regulations. We will work with the owner and the general contractor to ensure compliance, to the greatest extent feasible, through the employment of Section 3 Workers and Targeted Section 3 Workers. Furthermore, the owner hereby agrees to implement at least the following actions directed towards employing Section 3 Workers and Targeted Section 3 Workers:
• The owner or general contractor must submit the Section 3 Year End Monitoring Report by July 10th of each fiscal year. • The general contractor and subcontractors must submit Labor Hours Tracking Form on all Section 3 covered projects. • The owner or general contractor shall maintain comprehensive documentation of their Section 3 outreach efforts and implementation activities. Section 3 files should be clearly maintained and be available for review. • The owner and general contractor will make best efforts to ensure that all Section 3 Business Concerns, and Targeted Section 3 Workers within the Service Area are notified of pending opportunities. • The owner and general contractor will ensure all subcontractors are aware of their obligation to meet Section 3 benchmarks laid out in this Section 3 Guidance Manual. Subcontractors will consult with the general contractor regarding questions and reporting.
• The owner or general contractor understands that progress and/or final payments may be withheld until Section 3 compliance is met.

We the undersigned, have read and fully agree to this Section 3 Compliance Certification, and become party to the full implementation of this program.

Contractor/Sub-Contractor:

Signature:

Title:

Date:
_____________________________
_____________________________
_____________________________
___________________

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Federal Section 3
Estimated Project Work Force Breakdown
This document must be submitted by ALL Sub-Contractors
Job Category
Total Estimated
PositionsNeeded for
Project
No.Positions
Occupied by
Permanent
Employees
No. of Vacant
Positions
No. of Positions to be filled with
Section 3 and/or Targeted Section 3
workers and their estimated hiring
date.

Supervisor
Professional
Technical
Office/Cleric.

Trade
Journeyman
Apprentices
Trainees
Others
Trade
Journeyman
Apprentices
Trainees
Other
TOTAL:

Company
Project
ProjectNumber
Section 3 Resident:

Individuals residing within the Section 3 Area whosefamily income does notexceed 80% of the median incomein the
Metropolitan Statistical Area orthecounty if notwithin a MSA in which the Section 3-covered project is located. See attached income schedule.

PersonCompleting Form:

Authorized Signature Date:

The employment and training component of Section 3 applies to the prime contractor and all subcontractors providing construction services or professional services to the CDBG programs. It is the responsibility of the Prime Contractor to enforce these same requirements within any subcontracts.

To be in compliance with HUD's/HCD's new Section 3 benchmarks, 25% of total labor hours must be Section 3 Workers and 5% of total labor hours must be Targeted Section 3 workers. Please note the Section 3 workers and Targeted Section 3 Workers must meet the minimum qualifications for the available job.

Federal Section 3
FORM 2-List of Permanent Employees
This form is required for all Section 3-triggered projects (over $300,000) and must besubmitted prior to work commencing or with application for funding and again with the final Section 3 compliance report.

Project Name Contract Execution Date
Construction
Start Date Today’s Date
Please list all current permanent employees (both full and part-time) employed by your company (or local/regional office). Use additional sheets as necessary. A computer-generated employee registry can be provided in lieu of this form if it includes the worker’s name, employer, job category, hire date and indicates Section 3/targeted Section 3 status.

No. Name of Worker Employer Job Classification/
Trade
Section 3
Worker
(Y/N)
Targeted
Section 3
Worker Y/N
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
Please note that your business may be eligible for Section 3 Business certification if at least 75% of your labor hours performed on all contracts over the past three-month period were performed by employees who meet one of the following categories below:
• The worker lives within one mile of the Section 3 project (or, if fewer than 5,000 people live within one mile of the Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census); • The worker is a HUD YouthBuild participant; or
• The worker's income for the previous or annualized calendar year is below 80% of the current area median income for the area in which the worker resides. (Use the worker’s annual gross income based on AMI for a single-person household.) HUD income limits can be found at https://www.huduser.gov/portal/datasets/il.html.)

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Hire Date
SECTION 3 WORKER AND TARGETED SECTION 3 WORKER CERTIFICATION This project is subject to Sec�on 3 of the HUD Act of 1968 and its associated regula�ons, 24 CFR Part 75. The information below must becollected and provided for all employees on-site to demonstrate compliance with mee�ng benchmark goals.

TO BE COMPLETED BY EMPLOYER -or- WORKER

WORKER INFORMATION

1. Name: _________________________________________________________________________ Address: _____________________________________________ Email: ______________________ City: ____________________ Zip Code: ______________ Phone Number:____________________

2. Please view the Official State Income Limits. Check to seei f the worker's Gross Annual Income (based on the wages paid or their annual income calculated on an annualized process) is AT/BELOW or ABOVE t he amount listed for the county the WORKER RESIDES. Thank you for taking the �me to fill this out.

Annualized Income Formula: Base rate of pay $_________ x2080=$___________ Low-Income Maximum (80% Area Median Income)
Employee County of Residence/
Income Limit:

Current WORKER income (annualized) is
At/Below or Above
Worker's Income within Past 5 Years or at
Time of Hire was At/Below or Above
At/Below Above At/Below Above

4. Arethey or were they a YouthBuild Par�cipant within the last five years? Yes_____ No _____ Unknown _____

5. Are they or were they a resident of public housing within the last five years? Yes_____ No _____ Unknown _____

6. Are they or were they a resident of other public housing projects or Sec�on 8-assisted housing within the last five years? Yes_____ No _____ Unknown ______

7. Do they or did they live within one mile of the service area/neighborhood of this project within the last five years? Yes_____ No _____
I affirm that the above statements are true, complete, and correct to the best of my knowledge and belief.

Worker Signature: ________________________________________Date: ____________________________

EMPLOYER INFORMATION
Company Name: _____________________________________________________________________ Is the company a Sec�on 3 Business Concern? Yes_____ No _____ Defined as at least 51% owned and controlled by low- or very low-income persons; OR over 75% of labor hours for the business over the prior 3-month period are performed by Section 3 workers; OR 51% or more owned and controlled by current residents of public housing or Section 8-assisted housing.

Employee Job Classifica�on: _________________________ Employee Hire Date: _________________ Project Name: ____________________________________ Contract Award Date: _________________ Name/Title: _________________________________________________________________________ Signature: ________________________________________Date: _______________________

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$
NA-No Section 3 Workers
Federal Section 3
Qualification Documentation Checklist
Contractors and subcontractors must maintain documentation to ensure the workers meet the definition of a Section 3 Worker or a Targeted Section 3 Worker, at the time of hire or the first reporting period. Please check off documents provided:

For a worker to qualify as a Section 3 Worker, ONE of the following must be maintained:
☐ A worker’s self-certification that their income is below the income limit for the prior calendar year; A worker’s self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing;
Certification from a PHA (Public Housing Authority), or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
An employer’s certification that the worker’s income from that employer is below the income limit when based on the employer’s calculation of what the worker’s wage rate would translate to if annualized on a full-time basis; or An employer’s certification that the worker is employed by a Section 3 business concern.

For a worker to qualify as a Targeted Section 3 Worker, ONE of the following must be maintained:
☐ An employer’s confirmation that a worker’s residence is within one mile of the work site, or if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; An employer’s certification that the worker is employed by a Section 3 business concern; or A worker’s self-certification that the worker is a YouthBuild participant.

A Section 3 business concern means meeting ONE of the following criteria, documented within the last six-month period:
☐ Proof that the business is at least 51 percent owned and controlled by low- or very low-income persons; Proof that over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 Workers; or
Proof that the business is at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

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Check if
Applies
Section 3 Business Category Additional Required Data
51% or more of he business is owned by low- or very
low-income persons.

Proof of ownership showing all owners and their percentages and a completed Section 3 Business Owner Self-Certification form for all low- and very low-income owners. 75% of the labor hours performed for the business
over the prior 3 month period were performed by Section 3 workers.

Provide the last 90 days full payrolls for the entire company. Provide a list of employees who worked the last 90 days with the total hours worked for each employee and indication of which employees are Section 3 Workers.

At least 51% owned and controlled by current
residents of public housing or Section 8-assisted
housing.

Proof of ownership showing all owners and their percentages and a documentation of residence in public housing or a Section 8 unit.

I affirm that the above statements are true, complete, and correct to the best of my knowledge and belief. Any false statements made knowingly and willfully may subject the signer to penalties under Section 1010 of Title 18 of the United States Code.
_______________________________________________________ Authorized Signature
_______________________________________________________ Printed Name
___________________________
Date
___________________________
Title
Business Name: ________________________________________________________________________ Business Address: ______________________________________________________________________ Telephone Number: ___________________________ Type of Business (Check One):
____ Corporation
____ Sole Proprietorship
____ Partnership
____ Joint Venture

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None of the above apply to this business.

Federal Section 3
Business Concern Certification
To self-certify as a Section 3 Business Concern, per 24 CFR § 75, the company or firm must meet at least one of the categories below. Supporting documentation must be provided with this form to be confirmed as a Section 3 Business.

Please read the following statements and check all that apply to your business.

County or Metropolitan Service Area (MSA).

Where business is Located: ________________________________ Business Services (list): __________________________________________________ Federal Section 3
FORM 3-DOCUMENTATIONOFQUALITATIVEEFFORTS
This form is required for all Section 3-triggered projects (over $300,000) and must besubmitted with bid or application for funding, as well as with all quarterly or final compliance reports that indicate numeric goals were not met. Please fill out this form completely. Attach additional pages if needed.

Project Name Contract Execution Date
Construction
Start Date Today’s Date

1. Describe all efforts made to direct the employment and other economic opportunities generated by HUD financial assistancefor housing and community development programs, to the greatest extent feasible, to Section 3 workers. Attach additional pages if needed.

Attach supporting documentation such as:
• Copies of all publications, notices, pictures of posted notices, and other outreach materials. • List of all Section 3 workers that responded to your outreach efforts (e.g., submitted job applications, phonelogs, etc.); were any of them hired? If not, please explain why. • If not currently hiring workers and later in the project period end up needing to hire please explain the intended method of filling the position/positions.

2. Describe allefforts made to notify Section 3 businesses of any subcontracting opportunities generated by HUD financial assistancefor this project, to the greatestextent feasible. Attach additional pages if needed.

Attach supporting documentation such as:
• Section 3 Business List used in solicitation.
• List of Section 3 business included in solicitation and documentation ofefforts (emails, letters, phone, logs, etc.).
• List of Section 3 businesses that responded to your solicitation and/or outreach efforts; were any of tthem hired? If not, pleaseexplain why.
• Copies of all publications, notices, pictures of posted notices, and any other outreach material utilized. • If not using subcontractors, please state that in this box

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Federal Section 3
FORM 3-DOCUMENTATION OF QUALITATIVE EFFORTS
(Continued)

3. Describe all additional qualitative efforts made to comply with Section 3 requirements. See below for examples.

Attach all applicable supporting documentation.

4. If there are employment opportunities associated with your project, include a draft of the proposed signage.

Section 3 signage should be posted at the construction site. Signage must be largeenough to be visible from the street. Thesign must (a) identify the name of the project, (b) statethe project is a HUD Section 3 Project, and (c) include the name, phone number and email address of an appropriate point of contact regarding employment opportunities.

Examples of Qualitative Efforts
• Engaged in outreach efforts to generatejob applicants who are Targeted Section 3 Workers. https://northstatejobs.com/post-a-job/
• Provided technical assistanceto help Section 3 Workerscompetefor jobs (e.g. resume assistance,coaching,etc.). • Provided training or apprenticeship opportunities.
• Directed Section 3 Workers to obtain financial literacy training and/orcoaching. • Assisted orconnected Section 3 Workers with assistancein seeking employment by helping them preparefor interviews,connecting residents to job placement services, or pointed them towards job fairs. • Provided or referred Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation,childcare). • Engaged in outreach efforts to identify and secure bids from Section 3 Business Concerns. • Hosted job fairs.
• Divided contracts into smaller jobs to facilitate participation by Section 3 Business Concerns. • Provided technical assistanceto help Section 3 Business Concerns understand and bid on contracts. • Provided application assistancefor attendance at a community college, a four-yeareducational institution, or vocational/technical training.
• Provided bonding assistance, guarantees, or otherefforts to support viable bids from Section 3 Business Concerns. • Contacted business assistance agencies, minority contractors’ associations, and community organizations to inform them ofcontracting opportunities and request their assistancein identifying Section 3 Business Concerns. • Provided written noticeto all known Section 3 Business Concerns of thecontracting opportunities. The noticeshould bein sufficient timeto allow Section 3 Business Concerns to respond to the bid invitation or request for proposal. • Used theservices and assistance of the U.S. Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce
https://californiaucp.dbesystem.com/ https://dsbs.sba.gov/search/dsp_dsbs.cfm

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https://ucp.dot.ca.gov/licenseForm.htm
Federal Section 3
Form 4-Section 3 Clause
All Section 3 covered contracts shall include the following clause (referred to as the Section 3 Clause).

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to engage in qualitative efforts including but not limited to:
a. Engaging in outreach efforts to generate job applicants who are Targeted Section 3 Workers. b. Providing training or apprenticeship opportunities.
c. Providing or referring Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare). d. Engaging in outreach efforts to identify and secure bids from Section 3 business concerns. e. Promoting the use of business registries designed to create opportunities for disadvantaged and small businesses. f. Engaging in outreach and referrals with the state one-stop system of the workforce Innovation and Opportunity Act.

E. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.

F. The contractor must meet the requirements of 24 CFR part 75.19, regardless of whether Section 3 language is included in agreements, program regulatory agreements, or contracts. these requirements include:

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King City City CouncilJune 23, 2026

King City City Council
June 23, 2026