King City City Council
September 22, 2026

AGENDA

REGULAR MEETING OF THE

CITY OF KING CITY COUNCIL
AND
Sitting as SUCCESSOR AGENCY OF

THE FORMER CDA FOR THE CITY OF KING
AND
Sitting as PUBLIC FINANCING AUTHORITY

FOR THE CITY OF KING
TUESDAY SEPTEMBER 22, 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.

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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
Proclamation Recognizing South Monterey County Joint Union High School District For Its Successful Exit From State Receivership

1. 2.

3. 4.

5. A.

Documents:

SPECIAL PRESENTATIONS
Proclamation Recognizing South Monterey County Joint Union High School District For Its Successful Exit From State Receivership
5(A) PROCLAMATION FOR HIGH SCHOOL DISTRICT FOR EXIT FROM STATE RECEIVERSHIP.PDF

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 Any Council Member, the City Manager, or the City Attorney may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 September 8, 2026 Council Meeting Recommendation: approve and file.
9(A) 9-08-2026 CITY COUNCIL MEETING MINUTES_.PDF
Consideration: Receive Financial Reports For August 2026 Recommendation: receive and file.
9(B) FINANCIAL REPORTS FOR AUGUST 2026.PDF
Consideration: Award Of Contract For Annual Tree Trimming Services 2026 & 2027 Recommendation: award of contract services agreement for two years of annual tree trimming services to West Coast Arborist, Inc. in the amount of $135,000.

5. A.

Documents:

6. 7.

8. 9.

A.

Documents:

B.

Documents:

C.

Consideration: Award Of Contract For Annual Tree Trimming Services 2026 & 2027 Recommendation: award of contract services agreement for two years of annual tree trimming services to West Coast Arborist, Inc. in the amount of $135,000. 9(C) TREE TRIMMING CONTRACT 2026-2027.PDF
Consideration: Award Of Bid For The 2026 King City Sediment Removal Project Recommendation: 1) award the base bid for the 2026 King City Sediment Removal Project as proposed by low bidder, Monterey Peninsula Engineering, Inc. in the amount of $73,635.00; and 2) authorize the City Manager to execute the contract and approve change orders up to 25%.
9(D) 2026 KING CITY SEDIMENT REMOVAL PROJECT.PDF
Consideration: A Professional Services Agreement With The Wallace Group For Preparation Of A Wastewater Treatment Plant Climate Change Adaptation Plan Recommendation: 1) a Consultant Services Agreement with the Wallace Group for preparation of a Wastewater Treatment Plant Climate Change Action Plan; 2) Authorize the City Manager to approve contract change orders up to 15 percent of the agreement.
9(E) PROFESSIONAL SERVICES AGREEMENT WITH THE WALLACE
GROUP WASTEWATER TREATMENT PLANT CLIMATE CHANGE.PDF

PUBLIC HEARINGS

REGULAR BUSINESS

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

Conference With Legal Counsel – Regarding Pending Litigation Pursuant To Government Code Section §54956.9(D)(1). Case: 26CV004111 (Jonas Lalehzadeh V. City Of King Et Al.) Relating To The City’s Revocation Of His Commercial Cannabis Operations Permit.

Conference With Legal Counsel – Regarding Pending Litigation Pursuant To Government Code Section §54956.9(D)(1). Case: 26CV003824 (Rava Ranches, Inc. And Fresh Foods, Inc. V. City Of King Et Al.) Related To The Approval Of A Settlement Agreement Entered Into Between The City Of King And SGH Holding LLC.

ADJOURNMENT
The City of King is an equal opportunity provider and employer.

C.

Documents:

D.

Documents:

E.

Documents:

10. 11.

12. A.

B.

13. 5(A)

City Council Meeting
September 8, 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, Council member Carlos Victoria, Council members Oscar Avalos (absent).

City Staff: City Manager José Arreola, City Attorney Roy Santos; City Clerk Erica Sonne

3.__FLAG SALUTE:

The flag salute was led by Mayor LeBarre.

4. CLOSED SESSION ANNOUNCEMENTS:

City Attorney Roy Santos stated nothing to report out at this time.

5.__SPECIAL PRESENTATIONS:

A. Jacob’s Heart Proclamation accepted by Erik Lua, CEO presented by Mayor LeBarre after he read it into the record. City Clerk will mail the original to them. City Council thanked Jacob’s Heart for what the organization does.

B. Presentation on City Camera System by Chief Masterson with a PowerPoint presentation. He stated that the system is getting older and trees need to be trimmed to keep the line of site open. Surveillance Grid is a good company to work with. Councilmember Cullen would like a copy of the powerpoint presentation. Councilmember Victoria wanted to know how long it takes to repair a camera when it is down. Chief stated the very next day. Mayor Pro Tem DeLeon would like to know how instrumental the cameras are and how big of an asset to the city. Chief Masterson stated that they are an immense asset to the city and have been very instrumental in solving homicides.

Mayor LeBarre is proud of our Police Department and the men and women that serve and he has seen this as a tool that makes their job more affective and to make our community safer.

Mayor Pro Tem ask about community members registering their cameras with the city for use through the police department. Chief said registration has dropped off but most residence support the police department system

6. PUBLIC COMMUNICATIONS:

Margarita Lopez spoke on being removed from the Planning Commission. She is here to serve her community and has over 40 years. When it comes to a personal agenda, she has a problem and she has never been disrespectful. She applauds all that Councilmember Cullen has done for the community. Ms.

Lopez state “even the new City Manager he came to me very condescending, but I am not going to get to that. How he managed to convince all the council members I don’t know”. All she is asking is. They came tonight because the elections are so close in November, they are looking at options of a recall or a vote of no confidence they don’t want to go to war with each other. Ms. Lopez stated, “he is here to serve his own purpose”. We can see eye to eye or agree to disagree with the big fundraisers. Right now, she is working with Hands for Hope and the Alejo Family that is her priority. Ms. Lopez stated, “he is nothing but 9(A)

I will not disrespect him while he is our City Manager”. You have her word that he will leave this town whether we stay until 28 for the next election. Victoria is going to seek reelection, and Avalos is going to be a write-in, so they have their ducks in line. All she is asking is not to look at her and don’t make it personnel do the best interest. One thing she will ask is for full support for Chief Masterson and Erica. Ms.

Lopez stated “I will never forget when I came in for public records as a commissioner, he made me pull public records, the look I saw in Erica she has been here during the Town Square fiasco and all the storms we have rolling and the look I got from her is like loosing my mother all over again”. She is going to go public for the first time she is a cancer survivor, Carlos is the only one that knows, she has never brought her illness because she has been blessed what I have been given, she raised her kids here and they are professionals born and raised in King City. She has more people if they can have 5 minutes. She would like to be put on the agenda and go public because she has everything.

Karen Jernigan, 206 N. Mildred Ave., thanked for the camera system which she feels has been a wonderful part of our city. She would encourage that the Police Department do another publicity round to engage the community in having more cameras and should be an on-going yearly event. She is also concerned when she hears things come to this council about different personalities because she knows what it takes to serve on the council and be on the staff. Sometimes she hears things that are accusations like “people are here to serve their own purpose” and she doesn’t know what the means because she didn’t hear specifics. She knows each of the council because she knows them personally, she knows the council cares very much about this town and she thinks that the council is here to serve the community, and she thinks the decisions the council makes are done with thought and forethought. She supports the staff and when there are problems, she encourages talking to people to make sure you are listening to them so that if there is an ounce of truth to what is being said it can be addressed. But if things are not true and things are said that are false, she feels that is detrimental to our City, County, Faith Community and we need to make sure everything we say is truthful and accurate and we work to solve problems and not make them public if they don’t need to be.

7. COUNCIL COMMUNICATIONS:

Councilmember Victoria stated school district talks for unification continue. There is a ballot measure for this unification and if it passes there will be a new district. He was unable to attend the farmworker day but he heard good things about it.

Councilmember Cullen stated Council Member Avalos will attend his Solid Waste Authority meeting as he will be out of town.

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

Mayor LeBarre stated he had nothing to report tonight.

8. CITY STAFF REPORTS AND COMMENTS:

City Manager José Arreola stated Dia del Trabajador Agricola Day of the Ag Worker event Sunday August 30th he attended and spoke. He feels it was a well-organized and run event. Shout out to Ana Vargas and her team. He went on a Golf Course Tour with Nick from First Tee. Greens are improving and a recent beautification day helped with a lot of deferred maintenance. CDBG Paving Project paving is postponed to October due to discovery of shallow utility lines in several areas prompting redesigning certain areas affected for the project. Prop 68 State Parks Grant round 5 due December 17, 2026. Informational Measure P meetings to volunteer fire department on Tuesday, September 1. Scheduled to present to the Knights of Columbus on September 16, 2026 and working on scheduling a presentation to a group of 40 Spanish speaking residents at Sun Street Centers. Planning on hosting two community presentations.

Airport Assessment after Cal Fire Occupation completed September 3, 2026. Minor use now by the US Forest service.

City Attorney Roy Santos had nothing to report tonight.

9. CONSENT
A. Consideration: Meeting Minutes of August 25, 2026 Council Meeting B. Consideration: Second Reading of an Ordinance of City Council of the City of King Amending Chapter

17.79 (Seasonal Employee Housing) of Title 17 of the King City Municipal Code Governing Seasonal Employee Housing to Align with State Law
C. Consideration: A Professional Services Agreement with Moreno Consulting Services LLC for Finance Management Services
Mayor LeBarre pulled Item B for discussion.

Action: Motion to approve consent agenda items A&C by Cullen seconded by Victoria.

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

ABSENT: Council Members: Avalos,
ABSTAIN: Council Members:

City Attorney stated that we received an email with a letter of opposition from William Parkin attorney representing Rava Ranches, Inc./Fresh Foods Inc. and a separate email with documents attached that are available for the public tonight. Council and City Clerk did not receive the email with the letter.

City Attorney clarified what the Ordinance amending chapter 17.79 of Title 17 does not do is not ban or prohibit seasonal employee housing in the FSC zone. The desire was to insure that our existing ordinance meets the states interpretation of what is appropriate regulation for employee housing in light of the meeting the city had and correspondence with HCD regarding seasonal employee housing and their objections to specifically language that is being removed at this time. The other issue under code regulations title 14 section 15378 the legislature defines a project triggering a CEQA analysis as an enactment or amendment (meaning adding to) to a zoning ordinance. Here what is being proposed to council for the amendment of the current seasonal employee housing ordinance does not qualify as an enactment or amendment. There is no new language being proposed what is happening is restructuring and renumbering. What council approved in the first meeting was an appeal of multiple sections. The sections that are left over were consulted into one section so they are easily tractable and numbered logically. Aside from that there is no new language. We want to insure that the public knows that land use designation is not being changed, zoning designation not being changed, the zoning density is not being changed, that the seasonal employee housing and multi-family housing can continue to exist and be built in the FSC zone should someone desire to do so. It is just removing sections HCD has interpret as excess of the Cities authority to regulate.

Mayor LeBarre asked if HCD samples of what the changes should look like or be. City Attorney stated yes and no mainly because they do not use the term seasonal employee housing. They have provided as part of the process of getting the Housing Element approved a laundry list of revisions for the zoning ordinance.

Mayor LeBarre clarified that if the city doesn’t comply the state will not approve our Housing Element and it would drop our scoring. City Attorney stated yes. HCD made is clear that we would receive lawsuits from them and they would be supportive of another entity pursuing a legal challenge to our ordinance. There will be further edits to our zoning code to bring it into compliance with HCD interpretation.

Mayor LeBarre opened the public hearing reading the title of the ordinance into the record, he heard and saw no one come forward and he closed the public hearing

Action: Motion to approve consent agenda item B by DeLeon seconded by Victoria.

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

ABSENT: Council Members: Avalos,
ABSTAIN: Council Members:

10. PUBLIC HEARINGS:

A. None

11. REGULAR BUSINESS
A. None

12. CITY COUNCIL CLOSED SESSION
A. Conference with Legal Counsel – Regarding Pending Litigation Pursuant to Government Code Section §54956.9(d)(1).

Case: 26CV004111 (Jonas Lalehzadeh v. City of King et al.) relating to the City’s revocation of his commercial cannabis operations permit.

ADJOURNMENT:

Mayor LeBarre adjourned the meeting at 6:50p.m. to closed session. Mayor LeBarre adjourned closed session and the meeting at 7:24 with no reportable action.

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: SEPTEMBER 22, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERTO MORENO, FINANCE CONSULTANT
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: RECEIVE FINANCIAL REPORTS FOR AUGUST 2026
RECOMMENDATION:

It is recommended City Council receive and file.

BACKGROUND:

On a monthly basis, staff will submit to the City Council financial reports for the previous month, showing budget to actual comparisons and checks issued.

On a quarterly basis staff will provide additional detailed information.

DISCUSSION:

Attached are the following reports for the month of August 2026 with commentary:
• Checks Issued – this is a list of the $1,187,369 paid in August. August is a more normal month for payments, with the following larger checks issued:
o $540,768 PG&E - NEM True-Up costs for the year
o $ 88,716 TAMC - ATP Grant Reimbursement
• General Fund Summary by Category – this is a one-page summary by category. While August is only 16.67% of the year, Salaries & Benefits show 27.67% spent because the CalPERS UAL is paid for the entire year in July. Revenues are slightly below a straight 16.67% collection because Property Taxes will not be collected until December.
• Budget Expenditures Summary by Department – this is a summary by fund and department. It shows the General Fund is 24.33% spent at

CITY COUNCIL/CITY
RECEIVE FINANCIAL REPORTS FOR AUGUST 2026
SEPTEMBER 22, 2026
PAGE 2 OF 2

16.67% of the year, due to the large upfront payments made in July for CalPERS UAL and MBASIA insurance premiums.
• Budget Revenue Report – shows fiscal year-to-date budget to actual revenue comparison by Fund and Account for the entire budget.

The purpose of this report is to provide Council an opportunity to review and monitor the standing of the City’s finances.

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.

Exhibits:

1. Check Report – August 2026

2. General Fund Summary by Category

3. Budget Expenditures Report – August 2026

4. Budget Revenues Report – August 2026
9/13/2026 10:18:28 PM Page 1 of 10
Check Report
King City, CA By Check Number
Date Range: 08/01/2026 - 08/31/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: POOL-WFB-POOL - WELLS FARGO BANK
ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 08/14/2026 EFT 0.00 6,910.60 10592 81248 Invoice 08/14/2026 IT Services - New Users 0.00 74.25 81290 Invoice 08/14/2026 IT Services - New Users 0.00 371.25 81482 Invoice 08/14/2026 September 2026 IT Contract Services 0.00 6,465.10 LA HEARNE LA HEARNE COMPANY 08/14/2026 EFT 0.00 1,858.77 10593 1554073 Invoice 08/14/2026 Pool Chemicals 0.00 454.10
1554292 Invoice 08/14/2026 Pool Chemicals 0.00 991.85
1554850 Invoice 08/14/2026 Pool Chemicals 0.00 412.82
CYPRESSW MILES CLIFFORD FARMER CYPRESS WATER SERVICE INC 08/14/2026 EFT 0.00 21,485.00 10594 27833 Invoice 06/30/2026 Replaced Faulty Float @ WWTP Feb 2026 0.00 1,935.00 28021 Invoice 06/30/2026 Feb 2026 Normal Operations 0.00 9,525.00 28022 Invoice 06/30/2026 March 2025 Normal Operations 0.00 10,025.00 MBS BUS SYS MONTEREY BAY OFFICE PRODUCTS MONTEREY BAY SYSTEMS INC 08/14/2026 EFT 0.00 496.51 10595 513618 Invoice 06/30/2026 Copier Lease Feb - Aug 2026 0.00 496.51 TORO TORO PETROLEUM CORP 08/14/2026 EFT 0.00 5,084.89 10596 CL00198 Invoice 08/14/2026 Gas 0.00 3,550.24
CL50272 Invoice 08/14/2026 Fuel 0.00 1,534.65
TRI TRI-COUNTY FIRE PROTECTION INC 08/14/2026 EFT 0.00 90.00 10597 HP67478A Invoice 08/14/2026 Fire Extinguisher Service 0.00 90.00 ZUMAR ZUMAR INDUSTRIES INC 08/14/2026 EFT 0.00 1,481.17 10598 57994 Invoice 08/14/2026 Stop Signs 0.00 1,481.17
ALVAREZ ALVAREZ TECHNOLOGY GROUP INC 08/28/2026 EFT 0.00 5,940.00 10599 81647 Invoice 08/28/2026 System Upgrade 0.00 5,610.00
81677 Invoice 08/28/2026 IT Services - Wifi Installation 0.00 330.00 EIKHOF EIKHOF DESIGN GROUP INC 08/28/2026 EFT 0.00 36,943.75 10600 2026-245 Invoice 08/28/2026 Golf Course Rehab 0.00 210.00 2026-246 Invoice 08/28/2026 CBDG Pavement Project 0.00 8,155.00 2026-247 Invoice 08/28/2026 Sewer Main Replacement 0.00 2,281.25 2026-248 Invoice 08/28/2026 City Engineering Services 0.00 18,098.75 2026-249 Invoice 08/28/2026 WWTP Upgrade 0.00 1,680.00
2026-250 Invoice 08/28/2026 Roundabout 0.00 292.50
2026-251 Invoice 08/28/2026 Visitor & History Center 0.00 750.00 2026-252 Invoice 08/28/2026 Tree Trimming Proj 0.00 185.00 2026-253 Invoice 08/28/2026 Annual Street Striping 0.00 946.25 2026-254 Invoice 08/28/2026 ADA Compliance Inventory 0.00 1,413.75 2026-255 Invoice 08/28/2026 Boxing Club Remodel 0.00 786.25 2026-256 Invoice 08/28/2026 Development Review 0.00 2,145.00 **Void** 08/28/2026 EFT 0.00 0.00 10601
FIRST AL FIRST ALARM INC 08/28/2026 EFT 0.00 716.82 10602 970429 Invoice 08/28/2026 Fire Alarm System 0.00 262.75 972044 Invoice 08/28/2026 Smoke Detector Replacement 0.00 454.07 GIS GONZALES IRRIGATION SYSTEMS INC 08/28/2026 EFT 0.00 1,303.00 10603 8070 Invoice 08/28/2026 Rental Sewer Repair 0.00 1,303.00 CYPRESSW MILES CLIFFORD FARMER CYPRESS WATER SERVICE INC 08/28/2026 EFT 0.00 818.50 10604 27844 Invoice 08/28/2026 Weekly WW Testing 0.00 818.50
Exhibit 1
Check Report Date Range: 08/01/2026 - 08/31/2026
9/13/2026 10:18:28 PM Page 2 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount PROTELESIS PROTEL COMMUNICATION INC 08/28/2026 EFT 0.00 3,450.90 10605 PC-27435998 Invoice 06/30/2026 June 2026 Phone Services 0.00 1,985.78 PC-27494626 Invoice 08/28/2026 July 2026 Phone Service 0.00 1,465.12 SMITHE SMITH & ENRIGHT LANDSCAPING INC 08/28/2026 EFT 0.00 665.00 10606 5718 Invoice 08/28/2026 Rearview Gardens Landscape Maint Aug 2… 0.00 665.00 SPECTRUMT SPECTRUM ENTERPRISE Charter Communication 08/28/2026 EFT 0.00 320.00 10607 170002601080726 Invoice 08/28/2026 Internet 0.00 320.00 SPCA THE SPCA FOR MONTEREY COUNTY 08/28/2026 EFT 0.00 6,325.00 10608 07-26 Invoice 08/28/2026 July 2026 SPCA Services 0.00 6,325.00 TORO TORO PETROLEUM CORP 08/28/2026 EFT 0.00 8,593.69 10609 CL50064 Invoice 08/28/2026 Gasoline 0.00 3,834.94
CL50548 Invoice 08/28/2026 Fuel 0.00 1,457.17
CL50782 Invoice 08/28/2026 Gasoline 0.00 3,301.58
URETSKYSEC URETSKY SECURITY 08/28/2026 EFT 0.00 900.00 10610 June 2026 #1 Invoice 06/30/2026 Background 0.00 900.00
ANTHEM BLU ANTHEM BLUE CROSS 08/14/2026 Regular 0.00 3,794.60 74520 INV0001825 Invoice 08/14/2026 HEALTH INSURANCE DEDUCTION 0.00 3,794.60 ANTHEM BLU ANTHEM BLUE CROSS 08/14/2026 Regular 0.00 -3,794.60 74520 K.C.P.O.A. K.C.P.O.A. 08/14/2026 Regular 0.00 600.00 74521 INV0001829 Invoice 08/14/2026 KCPOA UNION DUES 0.00 600.00 K.C.P.S.A. K.C.P.S.A. 08/14/2026 Regular 0.00 340.00 74522 INV0001830 Invoice 08/14/2026 KCPSA UNION DUES 0.00 340.00 ICMA RETIR MISSION SQUARE-302397 08/14/2026 Regular 0.00 5,849.32 74523 INV0001822 Invoice 08/14/2026 EMPLOYER MATCH - ICMA DC 0.00 1,172.21 INV0001823 Invoice 08/14/2026 EMPLOYER MATCH - ICMA DC 0.00 353.85 INV0001826 Invoice 08/14/2026 DEF COMP EMPLOYEE 0.00 2,185.00 INV0001827 Invoice 08/14/2026 DEF COMP EMPLOYEE 0.00 1,865.15 INV0001828 Invoice 08/14/2026 DEF COMP EMPLOYEE 0.00 273.11 SEIU SEIU LOCAL 521 08/14/2026 Regular 0.00 557.63 74524 INV0001839 Invoice 08/14/2026 SEIU UNION DUES 0.00 557.63 A & G PUMP A & G PUMPING INC 08/14/2026 Regular 0.00 778.00 74525 26-107103 Invoice 08/14/2026 Rental WWTF 0.00 187.00
26-107181 Invoice 08/14/2026 Rentals for Day Camp 0.00 591.00 KCTVHARD ALCANTAR HARDWARE INC 08/14/2026 Regular 0.00 167.36 74526 594337 Invoice 08/14/2026 Recreation Supplies 0.00 94.58 594778 Invoice 08/14/2026 Tool Paint 0.00 72.78
AMAZON AMAZON CAPITAL SERVICES INC 08/14/2026 Regular 0.00 1,731.33 74527 11TV-9NTT-99KH Invoice 08/14/2026 Pool Chemicals 0.00 136.69 11TV-9NTT-9D49 Invoice 08/14/2026 Pool Chemicals 0.00 108.48 11Y1-V4GX-TRFL Invoice 08/14/2026 Operating Supplies - Extra Charging Cables… 0.00 45.26 144T-C37C-YVQM Invoice 08/14/2026 Replacement Heads Trimmers 0.00 46.67 16CK-NVP1-14M4 Invoice 08/14/2026 Pool Office Supplies 0.00 32.59 17TF-JNH6-PCD7 Invoice 08/14/2026 Birthday Supplies 0.00 73.47 1CDV-3TQ1-QV… Invoice 08/14/2026 Office Supplies 0.00 99.90 1F3P-QC79-96TK Invoice 08/14/2026 Swim Team 0.00 31.09
1H4M-YKJJ-JYY7 Invoice 08/14/2026 Breakroom - Snacks & Coffee 0.00 176.72 1HCN-KLDQ-PDLT Invoice 08/14/2026 Algaecide 0.00 84.80
1MML-4T6Q-FVCR Invoice 08/14/2026 Pool Repair 0.00 38.88 1NWF-DKNN-YW… Invoice 08/14/2026 Toilet / Urinal Repair Parts 0.00 124.11 1V46-YW6V-1VCN Invoice 08/14/2026 Key Pool - Faucet 0.00 32.58 1XNL-WKFL-TCLR Invoice 08/14/2026 Office Supplies 0.00 230.40 Check Report Date Range: 08/01/2026 - 08/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 1YL7-WVG3-Q4KR Invoice 08/14/2026 Pool Testing Supplies 0.00 203.53 1YTV-LWQ3-6Q33 Invoice 08/14/2026 Pool Chemicals 0.00 266.16 CARMEL FIR ART BLACK 08/14/2026 Regular 0.00 500.00 74528 126317 Invoice 08/14/2026 Approved Fire Inspection 530 Canal St 0.00 250.00 126326 Invoice 08/14/2026 Commercial Fire Alarm System 0.00 250.00 AT & T-FIR AT & T MOBILITY 08/14/2026 Regular 0.00 220.45 74529 287321620527X… Invoice 08/14/2026 Cell Phone Service 0.00 220.45 AT&T - C AT&T Calnet 3 08/14/2026 Regular 0.00 167.55 74530 000025581592 Invoice 08/14/2026 KCPD Line 0.00 32.14
000025581593 Invoice 08/14/2026 Data Services 0.00 31.37 000025582180 Invoice 08/14/2026 911 Outside Line 0.00 32.14 000025582760 Invoice 08/14/2026 Data Services 0.00 32.14 000025643629 Invoice 08/14/2026 Phone Service 0.00 39.76 AVIATION S AVIATION SPECIALTIES UNLIMITED, INC. 08/14/2026 Regular 0.00 264.17 74531 CofK add Invoice 06/30/2026 Feb 2026 Fuel Pump Troubleshooting 0.00 80.00 CofK062026M Invoice 06/30/2026 Mar & Jun 2026 Fuel Hose Repair 0.00 184.17 MEDIA SYS BAY MEDIA, INC. MEDIA SYSTEMS GROUP 08/14/2026 Regular 0.00 592.44 74532 995144 Invoice 08/14/2026 Laptop Camera Connections 0.00 592.44 BURKEWILL BURKE, WILLIAMS & SORENSEN, LLP 08/14/2026 Regular 0.00 44,290.50 74533 370005 Invoice 06/30/2026 Legal Services Through May 2026 0.00 8,187.00 370006 Invoice 06/30/2026 Legal Services Through May 2026 0.00 6,160.00 370007 Invoice 06/30/2026 Legal Services Through May 2026 0.00 2,282.50 373151 Invoice 08/14/2026 Legal Services Through July 31 2026 0.00 4,042.50 373152 Invoice 08/14/2026 Legal Services Through July 31 2026 0.00 6,930.00 373153 Invoice 08/14/2026 Legal Services through July 2026 0.00 3,824.00 373154 Invoice 08/14/2026 Legal Services Through July 31 2026 0.00 2,612.50 373155 Invoice 08/14/2026 Legal Services through July 2026 0.00 1,800.00 373156 Invoice 08/14/2026 Legal Services through July 2026 0.00 4,050.00 373157 Invoice 08/14/2026 Legal Services through July 2026 0.00 4,402.00 CALSLA CALIFORNIA CITY-COUNTY STREET LIGHT ASSOCIATION - TREASURER MICHEAL FROST 08/14/2026 Regular 0.00 945.00 74534 19175-2027 Invoice 08/14/2026 CALSLA Membership Dues 26/27 0.00 945.00 CAL-WESTL CAL-WEST LIGHTING AND SIGNAL MAINTENANCE, INC 08/14/2026 Regular 0.00 100.00 74535 260639 Invoice 06/30/2026 Traffic Signal Monthly Maintenance June … 0.00 100.00 CASEY PRIN CASEY PRINTING INC 08/14/2026 Regular 0.00 351.27 74536 261223 Invoice 08/14/2026 Community Walk Posters 0.00 119.63 262620 Invoice 08/14/2026 Business Cards for PW and Building 0.00 231.64 CITY OF KI CITY OF KING 08/14/2026 Regular 0.00 1,497.78 74537 08032026 Invoice 08/14/2026 Sewer 0.00 1,497.78
CNC ELECTR CLARK N CLEVENGER CNC ELECTRIC AND OUTDOOR POWER 08/14/2026 Regular 0.00 564.03 74538 8938 Invoice 08/14/2026 Equipment Repair 0.00 455.30
9194 Invoice 08/14/2026 Trimmer Line 0.00 108.73
COFSC COUNTY OF SANTA CLARA Office of the Sheriff 08/14/2026 Regular 0.00 799.79 74539 1800098799 Invoice 06/30/2026 Crime Tracker - Annual Billing 12/2025-11… 0.00 799.79 CSC OF SAL CSC OF SALINAS 08/14/2026 Regular 0.00 125.07 74540 001159598 Invoice 08/14/2026 Repair Piece for Water Tank Fill 8511 0.00 125.07 DIMES MEDI DIMES MEDIA CORPORATION 08/14/2026 Regular 0.00 250.00 74541 5513 Invoice 08/14/2026 KRKC Ads 0.00 250.00
EMERZIAN EMERZIAN LAW GROUP PC 08/14/2026 Regular 0.00 9,383.75 74542 1083 Invoice 06/30/2026 Legal Fees/Services June 2026 0.00 5,823.75 Check Report Date Range: 08/01/2026 - 08/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 860 Invoice 06/30/2026 Legal Fees/Services May 2026 0.00 3,560.00 ENTENMANN ENTENMANN - ROVIN CO 08/14/2026 Regular 0.00 2,731.34 74543 0196450-IN Invoice 08/14/2026 Commendation Medals 0.00 2,731.34 VASQUEZG GERARDO JR VASQUEZ 08/14/2026 Regular 0.00 350.00 74544 08102026 Invoice 08/14/2026 2 Pairs of Boots Allowance 0.00 350.00 GISPL GIS PLUMBING 08/14/2026 Regular 0.00 1,303.00 74545 7961 Invoice 08/14/2026 Rental Property Leak Repair 0.00 1,303.00 CIVICPLUS ICON ENTERPRISES, INC. CivicPlus 08/14/2026 Regular 0.00 11,327.40 74546 372106 Invoice 08/14/2026 Next Request PRA Annual Fee 26/27 0.00 11,327.40 INFOSEND INFOSEND, INC 08/14/2026 Regular 0.00 1,833.39 74547 314019 Invoice 06/30/2026 Printing & Postage for Utility Billing June 2… 0.00 1,833.39 MIKET JESUS REYES MIKE'S TOWING 08/14/2026 Regular 0.00 180.00 74548 26558 Invoice 06/30/2026 Patrol Car Tow June 2026 0.00 180.00 TIRE KING JOSE RODRIGUEZ TIRE KING & AUTO EXPRESS 08/14/2026 Regular 0.00 703.79 74549 94950 Invoice 08/14/2026 Trailer Tires 0.00 606.55
94993 Invoice 08/14/2026 Valve Replacement 0.00 97.24
PRECISION SCREEN PRECISION SCREENING & CONSULTING LLC 08/14/2026 Regular 0.00 1,771.60 74550 26003 Invoice 06/30/2026 Background June 2026 0.00 1,771.60 KEYEVID KEY EVIDENCE LOCK & SAFE INC 08/14/2026 Regular 0.00 700.00 74551 138425 Invoice 08/14/2026 Cyberkey Website 0.00 700.00
KIMLEY-HOR KIMLEY-HORN & ASSOCIATES INC 08/14/2026 Regular 0.00 617.80 74552 36717206 Invoice 08/14/2026 KC Broadway EV Lot 0.00 617.80 KC IND KING CITY INDUSTRIAL SUPPLY 08/14/2026 Regular 0.00 50.00 74553 376606 Invoice 08/14/2026 Equipment Repair 0.00 50.00
LANGUAGE LANGUAGE LINE SERVICES INC 08/14/2026 Regular 0.00 108.03 74554 12000370 Invoice 08/14/2026 Translation Services 0.00 108.03 CUELLARL LESLIE CUELLAR 08/14/2026 Regular 0.00 74.54 74555 08032026 Invoice 08/14/2026 Day Camp Supplies 0.00 74.54 LINCOLN LINCOLN AQUATICS 08/14/2026 Regular 0.00 406.73 74556 29638300 Invoice 08/14/2026 Replacement Vacuum Head 0.00 293.01 D8930340 Invoice 08/14/2026 Pool Testing Supplies 0.00 113.72 CENTRALCOA MONTEREY COUNTY BUSINESS COUNC Central Coast SBDC 08/14/2026 Regular 0.00 500.00 74557 3469 Invoice 08/14/2026 Annual Membership Dues 26/27 0.00 500.00 MORENO CONS MORENO CONSULTING SERVICES LLC 08/14/2026 Regular 0.00 7,407.75 74558 5040 Invoice 08/14/2026 Finance Services July 2026 0.00 7,407.75 NEWSV NEW SV MEDIA INC 08/14/2026 Regular 0.00 285.00 74559 184316 Invoice 08/14/2026 Public Hearing Notice Employee Housing O… 0.00 285.00 MAGICC NORMA L DOMINGUEZ 08/14/2026 Regular 0.00 12,000.00 74560 5040 Invoice 08/14/2026 July 2026 Monthly Janitorial Services 0.00 12,000.00 NUESTRASRAICES NUESTRAS RAICES BALLET FLOKLORICO 08/14/2026 Regular 0.00 100.00 74561 100 Invoice 08/14/2026 Dance Performance for Paint the Valley Pu… 0.00 100.00 OWEN EQUIP OWEN EQUIPMENT SALES INC 08/14/2026 Regular 0.00 1,279.40 74562 00072724 Invoice 08/14/2026 Sweeper Parts 0.00 1,279.40 MAYA PAULI PAULINO MAYA 08/14/2026 Regular 0.00 350.00 74563 08102026 Invoice 08/14/2026 2 Pairs of Boots 0.00 350.00 Check Report Date Range: 08/01/2026 - 08/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount PURE WATER PENINSULA PURE WATER INC 08/14/2026 Regular 0.00 108.20 74564 476043 Invoice 08/14/2026 Water Services 0.00 52.20
476044 Invoice 08/14/2026 Water 0.00 56.00
PAC PG&E 08/14/2026 Regular 0.00 540,768.88 74565
07232026 Invoice 08/14/2026 Cameras 0.00 319.25
07272026 Invoice 08/14/2026 Corp Yard Electricity 0.00 151.11 08032026 Invoice 08/14/2026 Electricity 0.00 540,298.52 ROBINSONRK ROBIN KENT ROBINSON 08/14/2026 Regular 0.00 150.00 74566 110 Invoice 08/14/2026 Paint the Valley Purple Performance 0.00 150.00 SPEAK SPEAKWRITE BILLING DEPT 08/14/2026 Regular 0.00 27.66 74567 e3b63611 Invoice 08/14/2026 Transcription Services 0.00 27.66 STAPLESINC STAPLES, INC 08/14/2026 Regular 0.00 711.85 74568 6070259549 Invoice 08/14/2026 Office Supplies 0.00 270.82 6070259550 Credit Memo 08/14/2026 Returned Office Supplies 0.00 -9.78 6070259551 Invoice 08/14/2026 Office Supplies - Filing Boxes 0.00 188.94 6070259552 Invoice 08/14/2026 Office Supplies 0.00 261.87 STERI STERICYCLE INC 08/14/2026 Regular 0.00 0.13 74569 8014872141 Invoice 08/14/2026 Stericycle 0.00 0.13
VASQUEZSTEVE STEVE VASQUEZ 08/14/2026 Regular 0.00 800.00 74570 001 Invoice 08/14/2026 Musical Performance 0.00 800.00
SURVEI SURVEILLANCEGRID INTEGRATION INC. 08/14/2026 Regular 0.00 57,058.00 74571 2282 Invoice 08/14/2026 Surveillance Grid Annual Lic 7/1/26-6/3026 0.00 57,058.00 TRANSU TRANSUNION RISK AND ALTERNATIV 08/14/2026 Regular 0.00 100.00 74572 412260-202607-1 Invoice 08/14/2026 TLO 0.00 100.00
UMSTEAD UMSTEAD ELECTRIC, INC 08/14/2026 Regular 0.00 22,180.00 74573 6824 Invoice 06/30/2026 Pump Replacement WWTF February 2026 0.00 5,545.00 6825 Invoice 06/30/2026 Pump Replacement WWTF March 2026 0.00 5,545.00 6826 Invoice 08/14/2026 Pump Replacement WWTF March 2026 0.00 5,545.00 6827 Invoice 06/30/2026 Pump Replacement June 2026 0.00 5,545.00 VERIZON WI VERIZON WIRELESS 08/14/2026 Regular 0.00 494.13 74574 6148721674 Invoice 08/14/2026 MDT's 0.00 494.13
AFLAC AFLAC 08/28/2026 Regular 0.00 31.84 74576
INV0001824 Invoice 08/14/2026 PAYROLL DEDUCTION - INSURANCE 0.00 15.92 INV0001850 Invoice 08/28/2026 PAYROLL DEDUCTION - INSURANCE 0.00 15.92 E.D.I.S. EMPLOYER DRIVEN INSURANCE SERVICE 08/28/2026 Regular 0.00 799.00 74577 INV0001851 Invoice 08/28/2026 ASI EMPLOYER SHARE 0.00 799.00 K.C.P.O.A. K.C.P.O.A. 08/28/2026 Regular 0.00 600.00 74578 INV0001858 Invoice 08/28/2026 KCPOA UNION DUES 0.00 600.00 K.C.P.S.A. K.C.P.S.A. 08/28/2026 Regular 0.00 340.00 74579 INV0001859 Invoice 08/28/2026 KCPSA UNION DUES 0.00 340.00 ICMA RETIR MISSION SQUARE-302397 08/28/2026 Regular 0.00 7,089.83 74580 INV0001847 Invoice 08/28/2026 EMPLOYER MATCH - ICMA DC 0.00 1,110.44 INV0001848 Invoice 08/28/2026 EMPLOYER MATCH - ICMA DC 0.00 353.85 INV0001853 Invoice 08/28/2026 DEF COMP FLAT AMOUNT MATCH 0.00 1,800.00 INV0001855 Invoice 08/28/2026 DEF COMP EMPLOYEE 0.00 1,975.00 INV0001856 Invoice 08/28/2026 DEF COMP EMPLOYEE 0.00 1,577.43 INV0001857 Invoice 08/28/2026 DEF COMP EMPLOYEE 0.00 273.11 MUTUAL OF OMAHA MUTUAL OF OMAHA 08/28/2026 Regular 0.00 3,323.35 74581 INV0001863 Invoice 08/28/2026 DENTAL INSURANCE EMPLOYER 0.00 678.64 Check Report Date Range: 08/01/2026 - 08/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001864 Invoice 08/28/2026 DENTAL INSURANCE EMPLOYER 0.00 375.25 INV0001865 Invoice 08/28/2026 DENTAL INSURANCE EMPLOYER 0.00 1,720.32 INV0001875 Invoice 08/28/2026 VISION INSURANCE EMPLOYER 0.00 64.18 INV0001876 Invoice 08/28/2026 VISION INSURANCE EMPLOYER 0.00 51.60 INV0001877 Invoice 08/28/2026 VISION INSURANCE EMPLOYER 0.00 133.96 INV0001878 Invoice 08/28/2026 VISION INSURANCE EMPLOYER 0.00 299.40 Selman One80 Intermediaries Inc. 08/28/2026 Regular 0.00 120.98 74582 INV0001862 Invoice 08/28/2026 KCFC AD&D EMPLOYER 0.00 120.98 SEIU SEIU LOCAL 521 08/28/2026 Regular 0.00 576.72 74583 INV0001874 Invoice 08/28/2026 SEIU UNION DUES 0.00 576.72 STAND INS STANDARD INSURANCE COMPANY 08/28/2026 Regular 0.00 1,508.65 74584 INV0001849 Invoice 08/28/2026 EMPLOYER SHARE - AD&D 0.00 118.86 INV0001860 Invoice 08/28/2026 STANDARD LIFE EMPLOYER 0.00 778.42 INV0001861 Invoice 08/28/2026 STANDARD LTD EMPLOYER 0.00 611.37 KCTVHARD ALCANTAR HARDWARE INC 08/28/2026 Regular 0.00 702.69 74585 594346 Invoice 08/28/2026 Replacement Hose Jetter 0.00 54.36 594350 Invoice 08/28/2026 Graffiti Removal Supplies 0.00 20.65 594418 Invoice 08/28/2026 Laquer Thinner Red Curbs 0.00 141.36 594424 Invoice 08/28/2026 Boxing Gym Repair 0.00 2.82
594447 Invoice 08/28/2026 Tree Repair Central Park 0.00 34.78 594456 Invoice 08/28/2026 Stencil Kit Curbs 0.00 18.68
594681 Invoice 08/28/2026 Mills Ranch - Tree Repair Central Park 0.00 131.49 594731 Invoice 08/28/2026 PPE 0.00 23.91
594801 Invoice 08/28/2026 Bungee Cord 0.00 26.06
594950 Invoice 08/28/2026 Irrigation Repairs 0.00 27.81 595010 Invoice 08/28/2026 Irrigation Supplies 0.00 23.91 595054 Invoice 08/28/2026 Irrigation Supplies 0.00 33.87 595058 Invoice 08/28/2026 Batteries Pools 0.00 26.09
595119 Invoice 08/28/2026 Shop Supplies 0.00 37.67
595160 Invoice 08/28/2026 Ant Bait 0.00 16.51
595348 Invoice 08/28/2026 Irrigation Supplies 0.00 85.98 G21778 Credit Memo 08/27/2026 Irrigation Supplies 0.00 -3.26 TRUJILLOA ALICIA TRUJILLO 08/28/2026 Regular 0.00 169.22 74586 08022026 Invoice 08/28/2026 Travel Supplies for Rec 0.00 77.14 08182026 Invoice 08/28/2026 July 2026 Events 0.00 92.08 AMAZON AMAZON CAPITAL SERVICES INC 08/28/2026 Regular 0.00 688.46 74587 14N4-YPKJ-FVKW Invoice 08/28/2026 Medical Supplies 0.00 29.13 17HJ-6KHW-JHPG Invoice 08/28/2026 Medical Supplies 0.00 10.10 1FDF-D376-CHF4 Invoice 08/28/2026 Office Supplies 0.00 632.93 1KRD-D1YY-3QQX Invoice 08/28/2026 Office Supplies - Screen Protector 0.00 54.36 1LYC-LY6R-496L Credit Memo 08/20/2026 Office Supplies - Screen Protector 0.00 -54.36 1P1G-MKDY-GJ94 Invoice 08/28/2026 Pool Supplies 0.00 16.30 CARMEL FIR ART BLACK 08/28/2026 Regular 0.00 950.00 74588 126337 Invoice 08/28/2026 Underground Fire Service Main Connection 0.00 475.00 126338 Invoice 08/28/2026 Underground Fire Service Mains Connecti… 0.00 475.00 AT & T-FIR AT & T MOBILITY 08/28/2026 Regular 0.00 1,301.01 74589 287299743011X… Invoice 08/28/2026 Cellphones 0.00 1,301.01 CAL WATER CALIFORNIA WATER SERVICE CO 08/28/2026 Regular 0.00 39,988.14 74590 07302026 Invoice 08/28/2026 Water 0.00 39,988.14
CALSTATE CALSTATE SUPPLY, INC. 08/28/2026 Regular 0.00 2,714.11 74591 072926 Invoice 08/28/2026 Line Finder 0.00 1,199.74
72926 Invoice 08/28/2026 Manhole Pullers 0.00 1,514.37
Check Report Date Range: 08/01/2026 - 08/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount CAL-WESTL CAL-WEST LIGHTING AND SIGNAL MAINTENANCE, INC 08/28/2026 Regular 0.00 202.50 74592 260738 Invoice 08/28/2026 July 2026 Traffic Light Maintenance 0.00 100.00 260747 Invoice 08/28/2026 Traffic Signal Call 7/27/26 0.00 102.50 BONNER CAROLYN JOY BONNER 08/28/2026 Regular 0.00 200.00 74593 08102026 Invoice 08/28/2026 So Co Entertainment 0.00 200.00 SAME DAY S CHARLES C. SALMINA Same Day Shred 08/28/2026 Regular 0.00 120.00 74594 67995 Invoice 06/30/2026 June 2026 Shredding Services 0.00 120.00 LANGSTONC CHRIS LANGSTON 08/28/2026 Regular 0.00 230.00 74595 08192026 Invoice 08/28/2026 Red Dot Instructor Course Meals 0.00 230.00 DAVE'S REP DAVE'S REPAIR SERVICE David L Gambetta 08/28/2026 Regular 0.00 100.00 74596 40887 Invoice 08/28/2026 Site Inspections 0.00 100.00
FED EXP FEDEX 08/28/2026 Regular 0.00 63.50 74597
9-431-20583 Invoice 08/28/2026 Postage for Elections Certified Copies for … 0.00 63.50 TIRE KING JOSE RODRIGUEZ TIRE KING & AUTO EXPRESS 08/28/2026 Regular 0.00 1,774.17 74598 94910 Invoice 08/28/2026 Maintenance 2019 Charger 0.00 244.69 94923 Invoice 08/28/2026 Maintenance 2025 Durango 0.00 287.86 94944 Invoice 08/28/2026 Maintenance 2019 Charger 0.00 347.06 94963 Invoice 08/28/2026 Maintenance 2019 Charger 0.00 402.06 95008 Invoice 08/28/2026 Maintenance 2023 Charger 0.00 195.00 95043 Invoice 08/28/2026 Car Wash 0.00 255.00
95097 Invoice 08/28/2026 FLAT TIRE REPAIR 0.00 42.50
KERNOIL KERN OIL FILTER RECYCLING LLC 08/28/2026 Regular 0.00 275.00 74599 M40286 Invoice 08/28/2026 Used Oil Pick Up 0.00 275.00
KEYEVID KEY EVIDENCE LOCK & SAFE INC 08/28/2026 Regular 0.00 180.30 74600 138443 Invoice 08/28/2026 Cyber Batteries 0.00 180.30
KCBR4-H KING CITY BLUE RIBBON 08/28/2026 Regular 0.00 100.00 74601 08252026 Invoice 08/28/2026 Refundable Firework Clean Up Fee 0.00 100.00 KC CHAMBER KING CITY CHAMBER OF COMMERCE & AGRICULTURE 08/28/2026 Regular 0.00 100.00 74602 08252026 Invoice 08/28/2026 Refundable Firework Clean Up Fee 0.00 100.00 KC IND KING CITY INDUSTRIAL SUPPLY 08/28/2026 Regular 0.00 156.25 74603 376634 Invoice 08/28/2026 USA Marking Paint 0.00 91.22
376674 Invoice 08/28/2026 Chain for Repair @ Forden Park 0.00 65.03 LINCOLN LINCOLN AQUATICS 08/28/2026 Regular 0.00 4,113.94 74604 Q2036096 Invoice 08/28/2026 Pool Chemicals 0.00 4,113.94 MC KIMBALL & ASSOC M.C. KIMBALL AND ASSOCIATES, INC 08/28/2026 Regular 0.00 875.00 74605 01KCPD0826 Invoice 08/28/2026 Uniform Patches 0.00 875.00 METROUNIFORM MADERA UNIFORM & ACCESSORIES 08/28/2026 Regular 0.00 3,434.83 74606 313092 Invoice 08/28/2026 Body Armor 0.00 3,434.83
MIWALL MIWALL CORPORATION 08/28/2026 Regular 0.00 5,093.75 74607 1015104 Invoice 08/28/2026 Ammunition 0.00 5,093.75
MO CO PUBLC HLTH MONTEREY COUNTY HEALTH DEPARTMENT 08/28/2026 Regular 0.00 7,150.00 74608 KCY-PD25-2 Invoice 06/30/2026 Forensic Services August 2025 0.00 7,150.00 MULLAHEY MT MULLAHEY 08/28/2026 Regular 0.00 441.66 74609 89192 Invoice 06/30/2026 Vehicle Repair 0.00 441.66
PARTS & SE NAPA INC 08/28/2026 Regular 0.00 82.15 74610 011385 Invoice 11/07/2025 Auto Drain Plug 0.00 45.25
011598 Invoice 11/07/2025 High Beam Switch 8515 0.00 36.90 Check Report Date Range: 08/01/2026 - 08/31/2026
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Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount PARTS & SE NAPA INC 08/28/2026 Regular 0.00 57.76 74611 714693 Invoice 08/28/2026 Ratchet Straps 0.00 17.53
714786 Invoice 08/28/2026 LockTite for Sweeper Repair 0.00 40.23 NUNO NUNO IRON & MFG INC 08/28/2026 Regular 0.00 195.00 74612 NI40453 Invoice 08/28/2026 Slide Repair 0.00 195.00
PHANTONF PHANTON FIREWORKS Western Region, LLC 08/28/2026 Regular 0.00 100.00 74613 08252026 Invoice 08/28/2026 Refundable Firework Clean Up Fee 0.00 100.00 SENTRY SENTRY ALARM SYSTEMS 08/28/2026 Regular 0.00 135.00 74614 2323527 Invoice 08/28/2026 Fire House Alarm System 0.00 135.00 SOL TREASURE SOL TREASURES INC 08/28/2026 Regular 0.00 5,000.00 74615 07162026 Invoice 08/28/2026 SPONSORSHIP - PINNACLES FILM FESTIVAL 0.00 5,000.00 EDJONES THE ED JONES CO INC 08/28/2026 Regular 0.00 814.48 74616 59078 Invoice 06/30/2026 Chief of Police Badge 0.00 189.83 61217 Invoice 06/30/2026 New Officeer Badges 0.00 624.65 TAMC TRANSPORTATION AGENCY FOR MONTEREY COUNTY (TAMC) 08/28/2026 Regular 0.00 88,716.87 74617 08212026 Invoice 06/30/2026 ATP Reimbursement # 1 San Antonio Pede… 0.00 88,716.87 U.S. BAN US BANK CORP PAYMENT SYSTEM 08/28/2026 Regular 0.00 8,104.11 74618 08062026 AS Invoice 08/28/2026 Credit Card Statement 0.00 208.29 08062026 AT Invoice 08/28/2026 Credit Card Statement 0.00 963.03 08062026 JA Invoice 08/28/2026 Credit Card Statement 0.00 1,026.49 08062026 JP Invoice 08/28/2026 Credit Card Statement 0.00 1,736.93 08062026 MO Invoice 08/28/2026 Credit Card Statement 0.00 1,640.17 08062026 RM Invoice 08/28/2026 Credit Card Statement 0.00 2,529.20 **Void** 08/28/2026 Regular 0.00 0.00 74619
U.S. BANCO US BANK EQUIPMENT FINANCE 08/28/2026 Regular 0.00 564.41 74620 586996472 Invoice 08/28/2026 Konica Printer Lease 0.00 286.75 588298869 Invoice 08/28/2026 Aug 2026 Konica Lease 0.00 277.66 VERIZON WI VERIZON WIRELESS 08/28/2026 Regular 0.00 1,121.36 74621 6150889530 Invoice 08/28/2026 Wireless Bill 0.00 627.23 6151175851 Invoice 08/28/2026 MDT 0.00 494.13
ZOOM COMM ZOOM COMMUNICATIONS INC 08/28/2026 Regular 0.00 479.70 74622 INV365677376 Invoice 08/28/2026 Yearly Subscription Aug 11 2026 to Aug 10… 0.00 479.70 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 4,861.07 DFT0000529 INV0001831 Invoice 08/14/2026 PERS PEPRA MISC EMPLOYER 0.00 4,861.07 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 4,750.74 DFT0000530 INV0001832 Invoice 08/14/2026 PERS PEPRA MISC EMPLOYEE 0.00 4,750.74 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 5,629.54 DFT0000531 INV0001833 Invoice 08/14/2026 PERS PEPRA SAFETY EMPLOYER 0.00 5,629.54 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 5,564.80 DFT0000532 INV0001834 Invoice 08/14/2026 PERS PEPRA SAFETY EMPLOYEE 0.00 5,564.80 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 2,175.99 DFT0000533 INV0001835 Invoice 08/14/2026 PERS MISC CLASSIC EMPLOYER 0.00 2,175.99 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 1,260.55 DFT0000534 INV0001836 Invoice 08/14/2026 PERS MISC CLASSIC EMPLOYEE 0.00 1,260.55 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 6,414.72 DFT0000535 INV0001837 Invoice 08/14/2026 PERS SAFETY CLASSIC EMPLOYER 0.00 6,414.72 CAL PERS R CAL PERS RETIREMENTSYSTEM 08/14/2026 Bank Draft 0.00 2,834.61 DFT0000536 Check Report Date Range: 08/01/2026 - 08/31/2026
9/13/2026 10:18:28 PM Page 9 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0001838 Invoice 08/14/2026 PERS SAFTEY CLASSIC EMPLOYEE 0.00 2,834.61 EDD EMPLOYMENT DEVELOPMENT DEPT. State of California 08/14/2026 Bank Draft 0.00 7,245.55 DFT0000537 INV0001840 Invoice 08/14/2026 CA STATE TAX WITHHOLDING 0.00 7,245.55 IRS INTERNAL REVENUE SERVICE 08/14/2026 Bank Draft 0.00 27,352.06 DFT0000538 INV0001841 Invoice 08/14/2026 SOCIAL SECURITY WITHHOLDING 0.00 27,352.06 EDD EMPLOYMENT DEVELOPMENT DEPT. State of California 08/14/2026 Bank Draft 0.00 1,817.52 DFT0000539 INV0001842 Invoice 08/14/2026 EFT STATE TAXES W/H 0.00 1,817.52 IRS INTERNAL REVENUE SERVICE 08/14/2026 Bank Draft 0.00 17,617.50 DFT0000540 INV0001843 Invoice 08/14/2026 PAYROLL FEDERAL WITHHOLDING 0.00 17,617.50 IRS INTERNAL REVENUE SERVICE 08/14/2026 Bank Draft 0.00 6,396.94 DFT0000541 INV0001844 Invoice 08/14/2026 MEDICARE WITHHOLDING 0.00 6,396.94 IRS INTERNAL REVENUE SERVICE 08/14/2026 Bank Draft 0.00 27.28 DFT0000542 INV0001845 Invoice 08/14/2026 SOCIAL SECURITY WITHHOLDING 0.00 27.28 IRS INTERNAL REVENUE SERVICE 08/14/2026 Bank Draft 0.00 6.38 DFT0000543 INV0001846 Invoice 08/14/2026 MEDICARE WITHHOLDING 0.00 6.38 EDD EMPLOYMENT DEVELOPMENT DEPT. State of California 08/31/2026 Bank Draft 0.00 1,674.33 0-473-096-016 INV0001881 Invoice 08/31/2026 EFT STATE TAXES W/H 0.00 1,674.33 EDD EMPLOYMENT DEVELOPMENT DEPT. State of California 08/31/2026 Bank Draft 0.00 6,360.15 0-473-096-016 INV0001879 Invoice 08/31/2026 CA STATE TAX WITHHOLDING 0.00 6,360.15 IRS INTERNAL REVENUE SERVICE 08/31/2026 Bank Draft 0.00 21,224.16 270664395308467 INV0001880 Invoice 08/31/2026 SOCIAL SECURITY WITHHOLDING 0.00 21,224.16 IRS INTERNAL REVENUE SERVICE 08/31/2026 Bank Draft 0.00 15,156.15 270664395308467 INV0001882 Invoice 08/31/2026 PAYROLL FEDERAL WITHHOLDING 0.00 15,156.15 IRS INTERNAL REVENUE SERVICE 08/31/2026 Bank Draft 0.00 4,963.74 270664395308467 INV0001883 Invoice 08/31/2026 MEDICARE WITHHOLDING 0.00 4,963.74 IRS INTERNAL REVENUE SERVICE 08/31/2026 Bank Draft 0.00 32.24 270664395308467 INV0001884 Invoice 08/31/2026 SOCIAL SECURITY WITHHOLDING 0.00 32.24 IRS INTERNAL REVENUE SERVICE 08/31/2026 Bank Draft 0.00 7.54 270664395308467 INV0001885 Invoice 08/31/2026 MEDICARE WITHHOLDING 0.00 7.54 HUNTING THE HUNTINGTON NATIONAL BANK MUNICIPAL FINANCE 08/04/2026 Bank Draft 0.00 13,172.99 S00605081I0021037R 1191082 Invoice 07/30/2026 101-0077969-001 PNC Solar Payment 0.00 13,172.99 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code POOL-WFB Summary
Bank Drafts
EFT's
101
0 2
23 19

0.00 0.00

0.00 0.00

0.00 145 0.00
Payment
931,234.40

0.00 -3,794.60
156,546.55
103,383.60
1,187,369.95
Payable
Count
207
0 0
23 41
271
Check Report Date Range: 08/01/2026 - 08/31/2026
9/13/2026 10:18:28 PM Page 10 of 10
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
101
0 2
23 19

0.00 0.00

0.00 0.00

0.00 145 0.00
931,234.40

0.00 -3,794.60
156,546.55
103,383.60
1,187,369.95
207
0 0
23 41
271
Fund Name Period Amount
Fund Summary
999 Pooled Cash Fund 8/2026 1,187,369.95
1,187,369.95
9/13/2026 10:27:56 PM Page 1 of 2
General Fund Budget
King City, CA Group Summary
For Fiscal: 2026-2027 Period Ending: 08/31/2026
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Categor…
Current
Total Budget
Original
Total Budget
Percent
Used
Revenue
40 - Property Taxes 3,159,730.00 3,159,730.00 0.00 0.00 -3,159,730.00 0.00% 41 - Other Taxes 4,496,915.00 4,496,915.00 549,542.09 892,569.79 -3,604,345.21 19.85% 42 - Licenses & Permits 1,458,300.00 1,458,300.00 54,072.14 209,376.18 -1,248,923.82 14.36% 43 - Revenue from other Agencies 25,000.00 25,000.00 16,964.00 16,964.00 -8,036.00 67.86% 44 - Franchise Fees 1,107,000.00 1,107,000.00 70,231.95 183,994.13 -923,005.87 16.62% 45 - Charges for Services 413,600.00 413,600.00 47,306.81 134,809.06 -278,790.94 32.59% 46 - Grant Revenue 50,000.00 50,000.00 1,500.00 1,500.00 -48,500.00 3.00% 47 - Other Revenue 228,100.00 228,100.00 28,040.65 168,302.67 -59,797.33 73.78% 49 - Transfers In 520,000.00 520,000.00 0.00 0.00 -520,000.00 0.00% Revenue Total: 11,458,645.00 11,458,645.00 767,657.64 1,607,515.83 -9,851,129.17 14.03% Expense
51 - Salaries & Benefits 7,693,678.00 7,693,678.00 477,784.23 2,128,665.91 5,565,012.09 27.67% 61 - Services & Supplies 3,497,175.00 3,497,175.00 254,453.10 598,177.99 2,898,997.01 17.10% 71 - Other Expenses 5,000.00 5,000.00 0.00 0.00 5,000.00 0.00% 81 - Capital Projects 162,682.00 162,682.00 13,003.67 27,269.93 135,412.07 16.76% 91 - Debt Service 69,981.00 69,981.00 0.00 34,990.55 34,990.45 50.00% 99 - Transfer Out 36,000.00 36,000.00 0.00 0.00 36,000.00 0.00% Expense Total: 11,464,516.00 11,464,516.00 745,241.00 2,789,104.38 8,675,411.62 24.33% Report Surplus (Deficit): -5,871.00 -5,871.00 22,416.64 -1,181,588.55 -1,175,717.55 20,125.85% Exhibit 2
General Fund Budget For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:27:56 PM Page 2 of 2
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -5,871.00 -5,871.00 22,416.64 -1,181,588.55 -1,175,717.55 Report Surplus (Deficit): -5,871.00 -5,871.00 22,416.64 -1,181,588.55 -1,175,717.55 9/13/2026 10:36:12 PM Page 1 of 4
Budget Expenditures Report
King City, CA Group Summary
For Fiscal: 2026-2027 Period Ending: 08/31/2026
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Departmen…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 100 - General Fund
Expense
1000 - City Council 95,898.00 95,898.00 2,767.12 4,811.17 91,086.83 5.02% 1100 - City Manager 681,926.00 681,926.00 65,014.08 196,962.49 484,963.51 28.88% 1200 - City Attorney 250,000.00 250,000.00 27,661.00 27,661.00 222,339.00 11.06% 1300 - Planning/Community Development 574,303.00 574,303.00 25,738.27 172,035.43 402,267.57 29.96% 1400 - Building and Safety 307,690.00 307,690.00 21,396.50 46,005.67 261,684.33 14.95% 1500 - Finance 279,294.00 279,294.00 10,637.09 36,895.81 242,398.19 13.21% 1600 - Police 5,495,031.00 5,495,031.00 297,240.54 1,132,572.49 4,362,458.51 20.61% 1700 - Fire 363,463.00 363,463.00 6,553.59 44,517.13 318,945.87 12.25% 1800 - Civic Center 77,000.00 77,000.00 19,720.46 38,390.72 38,609.28 49.86% 1900 - Engineering 45,000.00 45,000.00 22,443.75 22,443.75 22,556.25 49.88% 2000 - Non Departmental 908,974.00 908,974.00 11,711.24 374,960.53 534,013.47 41.25% 2100 - Public Works 706,295.00 706,295.00 31,226.58 141,482.83 564,812.17 20.03% 2200 - Street Sweeping 6,000.00 6,000.00 0.00 0.00 6,000.00 0.00% 2300 - Street Trees 92,950.00 92,950.00 185.00 185.00 92,765.00 0.20% 2400 - Parks 767,005.00 767,005.00 71,460.40 151,501.11 615,503.89 19.75% 2500 - Aquatics 314,646.00 314,646.00 82,362.42 218,690.30 95,955.70 69.50% 2600 - Recreation 386,841.00 386,841.00 40,967.96 171,764.65 215,076.35 44.40% 2700 - Golf Course 26,200.00 26,200.00 0.00 0.00 26,200.00 0.00% 2800 - Operating Transfers Out 86,000.00 86,000.00 8,155.00 8,155.00 77,845.00 9.48% 6100 - Department 6100 0.00 0.00 0.00 69.30 -69.30 0.00% Expense Total: 11,464,516.00 11,464,516.00 745,241.00 2,789,104.38 8,675,411.62 24.33% Fund: 100 - General Fund Total: 11,464,516.00 11,464,516.00 745,241.00 2,789,104.38 8,675,411.62 24.33% Fund: 110 - Airport Operations Fund
Expense
0000 - Undesignated 56,786.00 56,786.00 518.77 4,705.77 52,080.23 8.29% Expense Total: 56,786.00 56,786.00 518.77 4,705.77 52,080.23 8.29% Fund: 110 - Airport Operations Fund Total: 56,786.00 56,786.00 518.77 4,705.77 52,080.23 8.29% Fund: 111 - UUT - PUBLIC SAFETY
Expense
0000 - Undesignated 260,000.00 260,000.00 0.00 0.00 260,000.00 0.00% Expense Total: 260,000.00 260,000.00 0.00 0.00 260,000.00 0.00% Fund: 111 - UUT - PUBLIC SAFETY Total: 260,000.00 260,000.00 0.00 0.00 260,000.00 0.00% Fund: 112 - Landfill Closure Fund
Expense
0000 - Undesignated 36,000.00 36,000.00 0.00 0.00 36,000.00 0.00% Expense Total: 36,000.00 36,000.00 0.00 0.00 36,000.00 0.00% Fund: 112 - Landfill Closure Fund Total: 36,000.00 36,000.00 0.00 0.00 36,000.00 0.00% Fund: 116 - American Rescue Plan Act
Expense
0000 - Undesignated 0.00 0.00 750.00 750.00 -750.00 0.00% Expense Total: 0.00 0.00 750.00 750.00 -750.00 0.00%
Fund: 116 - American Rescue Plan Act Total: 0.00 0.00 750.00 750.00 -750.00 0.00% Exhibit 3
Budget Expenditures Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:36:12 PM Page 2 of 4
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Departmen…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 117 - FEMA STORM EVENT
Expense
0000 - Undesignated 0.00 0.00 210.00 210.00 -210.00 0.00% Expense Total: 0.00 0.00 210.00 210.00 -210.00 0.00%
Fund: 117 - FEMA STORM EVENT Total: 0.00 0.00 210.00 210.00 -210.00 0.00% Fund: 120 - DEVELOPER ACCOUNTS
Expense
0000 - Undesignated 0.00 0.00 3,341.70 4,195.51 -4,195.51 0.00% Expense Total: 0.00 0.00 3,341.70 4,195.51 -4,195.51 0.00% Fund: 120 - DEVELOPER ACCOUNTS Total: 0.00 0.00 3,341.70 4,195.51 -4,195.51 0.00% Fund: 121 - Grants - State
Expense
0000 - Undesignated 7,336,000.00 7,336,000.00 0.00 0.00 7,336,000.00 0.00% Expense Total: 7,336,000.00 7,336,000.00 0.00 0.00 7,336,000.00 0.00% Fund: 121 - Grants - State Total: 7,336,000.00 7,336,000.00 0.00 0.00 7,336,000.00 0.00% Fund: 225 - OTS Grant
Expense
0000 - Undesignated 0.00 0.00 1,122.18 3,097.08 -3,097.08 0.00% Expense Total: 0.00 0.00 1,122.18 3,097.08 -3,097.08 0.00% Fund: 225 - OTS Grant Total: 0.00 0.00 1,122.18 3,097.08 -3,097.08 0.00% Fund: 310 - Sewer Operations Fund
Expense
0000 - Undesignated 2,928,644.00 2,928,644.00 519,619.02 594,593.22 2,334,050.78 20.30% Expense Total: 2,928,644.00 2,928,644.00 519,619.02 594,593.22 2,334,050.78 20.30% Fund: 310 - Sewer Operations Fund Total: 2,928,644.00 2,928,644.00 519,619.02 594,593.22 2,334,050.78 20.30% Fund: 320 - King City Community Power
Expense
0000 - Undesignated 2,700,000.00 2,700,000.00 0.00 0.00 2,700,000.00 0.00% Expense Total: 2,700,000.00 2,700,000.00 0.00 0.00 2,700,000.00 0.00% Fund: 320 - King City Community Power Total: 2,700,000.00 2,700,000.00 0.00 0.00 2,700,000.00 0.00% Fund: 410 - State Gasoline Tax
Expense
0000 - Undesignated 454,206.00 454,206.00 29,229.36 98,565.41 355,640.59 21.70% Expense Total: 454,206.00 454,206.00 29,229.36 98,565.41 355,640.59 21.70% Fund: 410 - State Gasoline Tax Total: 454,206.00 454,206.00 29,229.36 98,565.41 355,640.59 21.70% Fund: 411 - SB1 Road Repair Account.

Expense
0000 - Undesignated 745,964.00 745,964.00 0.00 0.00 745,964.00 0.00% Expense Total: 745,964.00 745,964.00 0.00 0.00 745,964.00 0.00% Fund: 411 - SB1 Road Repair Account. Total: 745,964.00 745,964.00 0.00 0.00 745,964.00 0.00% Fund: 412 - TAMC Sales Tax Fund
Expense
0000 - Undesignated 1,169,400.00 1,169,400.00 946.25 946.25 1,168,453.75 0.08% Expense Total: 1,169,400.00 1,169,400.00 946.25 946.25 1,168,453.75 0.08% Fund: 412 - TAMC Sales Tax Fund Total: 1,169,400.00 1,169,400.00 946.25 946.25 1,168,453.75 0.08% Fund: 413 - SLESF / COPS Grant
Expense
0000 - Undesignated 135,278.00 135,278.00 57,058.00 57,058.00 78,220.00 42.18% Expense Total: 135,278.00 135,278.00 57,058.00 57,058.00 78,220.00 42.18% Fund: 413 - SLESF / COPS Grant Total: 135,278.00 135,278.00 57,058.00 57,058.00 78,220.00 42.18% Budget Expenditures Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:36:12 PM Page 3 of 4
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Departmen…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 475 - Successor Agency to CDA
Expense
0000 - Undesignated 455,428.00 455,428.00 0.00 379,692.86 75,735.14 83.37% Expense Total: 455,428.00 455,428.00 0.00 379,692.86 75,735.14 83.37% Fund: 475 - Successor Agency to CDA Total: 455,428.00 455,428.00 0.00 379,692.86 75,735.14 83.37% Fund: 610 - Riverview Gardens Landscape
Expense
0000 - Undesignated 12,575.00 12,575.00 833.75 1,498.75 11,076.25 11.92% Expense Total: 12,575.00 12,575.00 833.75 1,498.75 11,076.25 11.92% Fund: 610 - Riverview Gardens Landscape Total: 12,575.00 12,575.00 833.75 1,498.75 11,076.25 11.92% Fund: 713 - Wastewater Collection Impact
Expense
0000 - Undesignated 60,000.00 60,000.00 0.00 0.00 60,000.00 0.00% Expense Total: 60,000.00 60,000.00 0.00 0.00 60,000.00 0.00% Fund: 713 - Wastewater Collection Impact Total: 60,000.00 60,000.00 0.00 0.00 60,000.00 0.00% Fund: 717 - Storm Sewer Impact Fee Fund
Expense
0000 - Undesignated 25,000.00 25,000.00 0.00 0.00 25,000.00 0.00% Expense Total: 25,000.00 25,000.00 0.00 0.00 25,000.00 0.00% Fund: 717 - Storm Sewer Impact Fee Fund Total: 25,000.00 25,000.00 0.00 0.00 25,000.00 0.00% Fund: 718 - Traffic Impact Fee fund
Expense
0000 - Undesignated 15,000.00 15,000.00 292.50 292.50 14,707.50 1.95% Expense Total: 15,000.00 15,000.00 292.50 292.50 14,707.50 1.95% Fund: 718 - Traffic Impact Fee fund Total: 15,000.00 15,000.00 292.50 292.50 14,707.50 1.95% Fund: 910 - K.C. Financing Authority
Expense
0000 - Undesignated 276,418.00 276,418.00 0.00 122.21 276,295.79 0.04% Expense Total: 276,418.00 276,418.00 0.00 122.21 276,295.79 0.04% Fund: 910 - K.C. Financing Authority Total: 276,418.00 276,418.00 0.00 122.21 276,295.79 0.04% Report Total: 28,131,215.00 28,131,215.00 1,359,162.53 3,934,831.94 24,196,383.06 13.99% Budget Expenditures Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:36:12 PM Page 4 of 4
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
100 - General Fund 11,464,516.00 11,464,516.00 745,241.00 2,789,104.38 8,675,411.62 24.33% 110 - Airport Operations Fund 56,786.00 56,786.00 518.77 4,705.77 52,080.23 8.29% 111 - UUT - PUBLIC SAFETY 260,000.00 260,000.00 0.00 0.00 260,000.00 0.00% 112 - Landfill Closure Fund 36,000.00 36,000.00 0.00 0.00 36,000.00 0.00% 116 - American Rescue Plan Act 0.00 0.00 750.00 750.00 -750.00 0.00% 117 - FEMA STORM EVENT 0.00 0.00 210.00 210.00 -210.00 0.00% 120 - DEVELOPER ACCOUNTS 0.00 0.00 3,341.70 4,195.51 -4,195.51 0.00% 121 - Grants - State 7,336,000.00 7,336,000.00 0.00 0.00 7,336,000.00 0.00% 225 - OTS Grant 0.00 0.00 1,122.18 3,097.08 -3,097.08 0.00% 310 - Sewer Operations Fund 2,928,644.00 2,928,644.00 519,619.02 594,593.22 2,334,050.78 20.30% 320 - King City Community Power 2,700,000.00 2,700,000.00 0.00 0.00 2,700,000.00 0.00% 410 - State Gasoline Tax 454,206.00 454,206.00 29,229.36 98,565.41 355,640.59 21.70% 411 - SB1 Road Repair Account. 745,964.00 745,964.00 0.00 0.00 745,964.00 0.00% 412 - TAMC Sales Tax Fund 1,169,400.00 1,169,400.00 946.25 946.25 1,168,453.75 0.08% 413 - SLESF / COPS Grant 135,278.00 135,278.00 57,058.00 57,058.00 78,220.00 42.18% 475 - Successor Agency to CDA 455,428.00 455,428.00 0.00 379,692.86 75,735.14 83.37% 610 - Riverview Gardens Landscape 12,575.00 12,575.00 833.75 1,498.75 11,076.25 11.92% 713 - Wastewater Collection Impact 60,000.00 60,000.00 0.00 0.00 60,000.00 0.00% 717 - Storm Sewer Impact Fee Fund 25,000.00 25,000.00 0.00 0.00 25,000.00 0.00% 718 - Traffic Impact Fee fund 15,000.00 15,000.00 292.50 292.50 14,707.50 1.95% 910 - K.C. Financing Authority 276,418.00 276,418.00 0.00 122.21 276,295.79 0.04% Report Total: 28,131,215.00 28,131,215.00 1,359,162.53 3,934,831.94 24,196,383.06 13.99% 9/13/2026 10:31:06 PM Page 1 of 15
Budget Revenue Report
King City, CA Account Summary
For Fiscal: 2026-2027 Period Ending: 08/31/2026
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Fund: 100 - General Fund
Revenue
Category: 40 - Property Taxes
100-0000-40100 Property Taxes - Secured 1,325,450.00 1,325,450.00 0.00 0.00 -1,325,450.00 0.00 % 100-0000-40110 Property Taxes - Unsecured 75,000.00 75,000.00 0.00 0.00 -75,000.00 0.00 % 100-0000-40120 Property Taxes - Supplemental 16,000.00 16,000.00 0.00 0.00 -16,000.00 0.00 % 100-0000-40140 Property Taxes - Prior Year 10,000.00 10,000.00 0.00 0.00 -10,000.00 0.00 % 100-0000-40150 Property Taxes - VLF 1,411,280.00 1,411,280.00 0.00 0.00 -1,411,280.00 0.00 % 100-0000-40160 Property Taxes - Motor Vehicle Exc… 18,000.00 18,000.00 0.00 0.00 -18,000.00 0.00 % 100-0000-40170 Property Taxes - Excess RPTTF 300,000.00 300,000.00 0.00 0.00 -300,000.00 0.00 % 100-0000-40180 Property Taxes - HOPTR 4,000.00 4,000.00 0.00 0.00 -4,000.00 0.00 % Category: 40 - Property Taxes Total: 3,159,730.00 3,159,730.00 0.00 0.00 -3,159,730.00 0.00% Category: 41 - Other Taxes
100-0000-41100 Sales Tax - Bradley Burns 1,968,305.00 1,968,305.00 298,516.22 433,200.19 -1,535,104.81 22.01 % 100-0000-41110 Sales Tax - Voter Approved 2,422,000.00 2,422,000.00 240,738.59 440,338.98 -1,981,661.02 18.18 % 100-0000-41150 Sales Tax - Public Safety (172) 106,610.00 106,610.00 10,287.28 19,030.62 -87,579.38 17.85 % Category: 41 - Other Taxes Total: 4,496,915.00 4,496,915.00 549,542.09 892,569.79 -3,604,345.21 19.85% Category: 42 - Licenses & Permits
100-0000-42000 Business License 103,000.00 103,000.00 760.85 2,961.85 -100,038.15 2.88 % 100-0000-42120 Bldg Pmts/training surcharge 3,100.00 3,100.00 255.00 375.00 -2,725.00 12.10 % 100-0000-42135 Bldig Pmts 210,000.00 210,000.00 155.75 612.89 -209,387.11 0.29 % 100-0000-42150 Garage Sale Permits 8,000.00 8,000.00 697.00 1,513.00 -6,487.00 18.91 % 100-0000-42160 Transient Occupancy Taxes 475,000.00 475,000.00 48,991.11 81,974.51 -393,025.49 17.26 % 100-0000-42165 Property Transfer Tax 30,000.00 30,000.00 2,361.43 7,665.05 -22,334.95 25.55 % 100-0000-42200 Cannabis Tax 450,000.00 450,000.00 0.00 113,234.88 -336,765.12 25.16 % 100-0000-42202 Animal Licenses 4,200.00 4,200.00 851.00 1,039.00 -3,161.00 24.74 % 100-0000-42210 Cannabis Operations Permits 175,000.00 175,000.00 0.00 0.00 -175,000.00 0.00 % Category: 42 - Licenses & Permits Total: 1,458,300.00 1,458,300.00 54,072.14 209,376.18 -1,248,923.82 14.36% Category: 43 - Revenue from other Agencies
100-0000-43210 P.O.S.T. Reimbursement 10,000.00 10,000.00 0.00 0.00 -10,000.00 0.00 % 100-0000-43220 State Mandated Costs Reimb 15,000.00 15,000.00 16,964.00 16,964.00 1,964.00 113.09 % Category: 43 - Revenue from other Agencies Total: 25,000.00 25,000.00 16,964.00 16,964.00 -8,036.00 67.86% Category: 44 - Franchise Fees
100-0000-44110 CATV Franchise Fees 0.00 0.00 3,881.70 3,881.70 3,881.70 0.00 % 100-0000-44120 P.G. & E. Gas Franchise Fees 125,000.00 125,000.00 0.00 0.00 -125,000.00 0.00 % 100-0000-44130 K.C. Disposal Franchise Fees 895,000.00 895,000.00 66,350.25 180,112.43 -714,887.57 20.12 % 100-0000-44140 Cal Water Franchise Fees 57,000.00 57,000.00 0.00 0.00 -57,000.00 0.00 % 100-0000-44150 KCCP Revenue 30,000.00 30,000.00 0.00 0.00 -30,000.00 0.00 % Category: 44 - Franchise Fees Total: 1,107,000.00 1,107,000.00 70,231.95 183,994.13 -923,005.87 16.62% Category: 45 - Charges for Services
100-0000-45100 Waste Reduction/Recycle Fee 2,500.00 2,500.00 0.00 0.00 -2,500.00 0.00 % 100-0000-45110 Cannabis Background Fee 11,000.00 11,000.00 0.00 0.00 -11,000.00 0.00 % 100-0000-45140 Annual Fire inspection Fee 50,000.00 50,000.00 0.00 0.00 -50,000.00 0.00 % 100-0000-45145 Bldg Permit Issuance Fee 2,000.00 2,000.00 9,055.10 12,303.70 10,303.70 615.19 % 100-0000-45149 Encroachment Permits 28,000.00 28,000.00 0.00 1,242.00 -26,758.00 4.44 % 100-0000-45150 Building Plan Check Fees 30,000.00 30,000.00 4,614.21 6,649.86 -23,350.14 22.17 % 100-0000-45160 Engineering Plan CK/Inspection 20,000.00 20,000.00 0.00 200.00 -19,800.00 1.00 % 100-0000-45165 Fire System Inspection Fees 25,000.00 25,000.00 1,837.50 2,437.50 -22,562.50 9.75 % 100-0000-45170 Fire System Plan Check Fees 5,000.00 5,000.00 1,212.50 1,725.00 -3,275.00 34.50 % 100-0000-45180 Fireworks Application Fee 750.00 750.00 0.00 0.00 -750.00 0.00 % 100-0000-45185 Fireworks Cleaning Fee 0.00 0.00 -300.00 -300.00 -300.00 0.00 % Exhibit 4
Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 2 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
100-0000-45190 Planning Fees 50,000.00 50,000.00 3,486.00 4,424.00 -45,576.00 8.85 % 100-0000-45195 Review Fees - Planning/Bldg 20,000.00 20,000.00 0.00 52.66 -19,947.34 0.26 % 100-0000-45199 Sign Permits 500.00 500.00 0.00 0.00 -500.00 0.00 % 100-0000-45205 SMIP Green Building Standards 1,200.00 1,200.00 93.00 104.00 -1,096.00 8.67 % 100-0000-45210 State of Calif Special Fee 3,100.00 3,100.00 40.00 128.00 -2,972.00 4.13 % 100-0000-45215 Strong Motion 5,000.00 5,000.00 288.63 309.99 -4,690.01 6.20 % 100-0000-45220 Admin Citation Fines 10,000.00 10,000.00 312.50 422.50 -9,577.50 4.23 % 100-0000-45230 C.T.O. Parking Fines 3,000.00 3,000.00 0.00 0.00 -3,000.00 0.00 % 100-0000-45235 C.V.C. Fines 10,500.00 10,500.00 19,071.62 40,780.91 30,280.91 388.39 % 100-0000-45240 Court Fines-Criminal 8,000.00 8,000.00 0.00 0.00 -8,000.00 0.00 % 100-0000-45245 County-Abandoned Vehicle 6,000.00 6,000.00 0.00 0.00 -6,000.00 0.00 % 100-0000-45250 Police Reports 3,500.00 3,500.00 254.00 303.00 -3,197.00 8.66 % 100-0000-45260 Police Special Svcs 20,000.00 20,000.00 1,863.00 9,408.58 -10,591.42 47.04 % 100-0000-45265 Reimburse Police Svc 1,000.00 1,000.00 0.00 0.00 -1,000.00 0.00 % 100-0000-45270 Adult Instructional Classes 500.00 500.00 0.00 0.00 -500.00 0.00 % 100-0000-45275 Aquatics - 10 Visit Passes 1,000.00 1,000.00 398.00 852.00 -148.00 85.20 % 100-0000-45280 Aquatics - Daily Fees 28,000.00 28,000.00 3,533.75 10,888.75 -17,111.25 38.89 % 100-0000-45285 Aquatics - Season Passes 3,000.00 3,000.00 0.00 80.00 -2,920.00 2.67 % 100-0000-45290 Aquatics - Swim Lessons 2,000.00 2,000.00 100.00 39,169.61 37,169.61 1,958.48 % 100-0000-45295 Aquatics - Swim Team 5,000.00 5,000.00 0.00 0.00 -5,000.00 0.00 % 100-0000-45300 High School Sports 500.00 500.00 0.00 0.00 -500.00 0.00 % 100-0000-45305 Park Reservations 500.00 500.00 0.00 0.00 -500.00 0.00 % 100-0000-45310 Pool Facility Rental 7,500.00 7,500.00 0.00 1,230.00 -6,270.00 16.40 % 100-0000-45315 Racquetball Memberships 150.00 150.00 0.00 0.00 -150.00 0.00 % 100-0000-45325 Recreation Center Rental 19,000.00 19,000.00 1,447.00 2,397.00 -16,603.00 12.62 % 100-0000-45335 Youth Instructional Classes 400.00 400.00 0.00 0.00 -400.00 0.00 % 100-0000-45340 Youth Soccer 30,000.00 30,000.00 0.00 0.00 -30,000.00 0.00 % Category: 45 - Charges for Services Total: 413,600.00 413,600.00 47,306.81 134,809.06 -278,790.94 32.59% Category: 46 - Grant Revenue
100-0000-43410 Recreation Grants 0.00 0.00 1,500.00 1,500.00 1,500.00 0.00 % 100-0000-46160 Grant Revenue 50,000.00 50,000.00 0.00 0.00 -50,000.00 0.00 % Category: 46 - Grant Revenue Total: 50,000.00 50,000.00 1,500.00 1,500.00 -48,500.00 3.00% Category: 47 - Other Revenue
100-0000-47200 Concessions 4,000.00 4,000.00 599.00 1,831.00 -2,169.00 45.78 % 100-0000-47205 Recreation Sponsorships 2,500.00 2,500.00 0.00 0.00 -2,500.00 0.00 % 100-0000-47210 Summer Day Camp (SDC) 2,500.00 2,500.00 2,372.91 2,645.40 145.40 105.82 % 100-0000-47215 Interest Income 65,000.00 65,000.00 5,262.93 13,000.96 -51,999.04 20.00 % 100-0000-47220 Rental Income 19,000.00 19,000.00 0.00 1,741.27 -17,258.73 9.16 % 100-0000-47225 Rents & Concessions 2,100.00 2,100.00 0.00 300.00 -1,800.00 14.29 % 100-0000-47230 Credit Card Convenience Fee 3,000.00 3,000.00 379.87 596.58 -2,403.42 19.89 % 100-0000-47235 Miscellaneous Revenue 100,000.00 100,000.00 19,354.54 146,330.46 46,330.46 146.33 % 100-0000-47239 Miscellaneous Fee 20,000.00 20,000.00 71.40 1,357.00 -18,643.00 6.79 % 100-0000-47262 K C Police Dept Donations 0.00 0.00 0.00 500.00 500.00 0.00 % 100-0000-47265 Sale of Property & Equipment 10,000.00 10,000.00 0.00 0.00 -10,000.00 0.00 % Category: 47 - Other Revenue Total: 228,100.00 228,100.00 28,040.65 168,302.67 -59,797.33 73.78% Category: 49 - Transfers In
100-0000-49010 Transfers In 520,000.00 520,000.00 0.00 0.00 -520,000.00 0.00 % Category: 49 - Transfers In Total: 520,000.00 520,000.00 0.00 0.00 -520,000.00 0.00% Revenue Total: 11,458,645.00 11,458,645.00 767,657.64 1,607,515.83 -9,851,129.17 14.03% Fund: 100 - General Fund Total: 11,458,645.00 11,458,645.00 767,657.64 1,607,515.83 -9,851,129.17 14.03% Fund: 110 - Airport Operations Fund
Revenue
Category: 45 - Charges for Services
110-0000-46140 FAA Grant Airport Master Plan 0.00 0.00 0.00 339,819.79 339,819.79 0.00 % 110-0000-46180 State CAAP Annual Grant 10,000.00 10,000.00 9,204.00 9,204.00 -796.00 92.04 % Category: 45 - Charges for Services Total: 10,000.00 10,000.00 9,204.00 349,023.79 339,023.79 3,490.24% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 3 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Category: 47 - Other Revenue
110-0000-47030 Airport Hangar Rents 65,000.00 65,000.00 0.00 1,080.00 -63,920.00 1.66 % 110-0000-47040 Airport Leases 45,000.00 45,000.00 0.00 44,616.58 -383.42 99.15 % 110-0000-47050 Airport Tie Downs 600.00 600.00 0.00 234.00 -366.00 39.00 % 110-0000-47060 Fuel Sales Concession 0.00 0.00 41.39 41.39 41.39 0.00 % 110-0000-47215 Interest Income 0.00 0.00 991.62 1,471.53 1,471.53 0.00 % Category: 47 - Other Revenue Total: 110,600.00 110,600.00 1,033.01 47,443.50 -63,156.50 42.90% Revenue Total: 120,600.00 120,600.00 10,237.01 396,467.29 275,867.29 328.75% Fund: 110 - Airport Operations Fund Total: 120,600.00 120,600.00 10,237.01 396,467.29 275,867.29 328.75% Fund: 111 - UUT - PUBLIC SAFETY
Revenue
Category: 47 - Other Revenue
111-0000-47215 Interest Income 0.00 0.00 1,126.67 2,038.12 2,038.12 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 1,126.67 2,038.12 2,038.12 0.00% Category: 48 - Review
111-0000-48004 UUT - Gas & Electric 160,000.00 160,000.00 10,671.23 40,125.21 -119,874.79 25.08 % 111-0000-48005 UUT - Telephone 40,000.00 40,000.00 1,532.93 2,661.57 -37,338.43 6.65 % 111-0000-48006 UUT - Cable 5,000.00 5,000.00 101.23 538.81 -4,461.19 10.78 % 111-0000-48007 UUT - Water 55,000.00 55,000.00 7,571.33 15,316.57 -39,683.43 27.85 % Category: 48 - Review Total: 260,000.00 260,000.00 19,876.72 58,642.16 -201,357.84 22.55% Revenue Total: 260,000.00 260,000.00 21,003.39 60,680.28 -199,319.72 23.34% Fund: 111 - UUT - PUBLIC SAFETY Total: 260,000.00 260,000.00 21,003.39 60,680.28 -199,319.72 23.34% Fund: 112 - Landfill Closure Fund
Revenue
Category: 49 - Transfers In
112-0000-49000 Transfers In 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00 % Category: 49 - Transfers In Total: 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% Revenue Total: 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% Fund: 112 - Landfill Closure Fund Total: 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% Fund: 113 - Trust Deposits Fund
Revenue
Category: 47 - Other Revenue
113-0000-47215 Interest Income 0.00 0.00 3.86 7.58 7.58 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 3.86 7.58 7.58 0.00% Revenue Total: 0.00 0.00 3.86 7.58 7.58 0.00%
Fund: 113 - Trust Deposits Fund Total: 0.00 0.00 3.86 7.58 7.58 0.00% Fund: 120 - DEVELOPER ACCOUNTS
Revenue
Category: 47 - Other Revenue
120-0000-47400 Developer Deposits 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% Revenue Total: 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% Fund: 120 - DEVELOPER ACCOUNTS Total: 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% Fund: 121 - Grants - State
Revenue
Category: 45 - Charges for Services
121-0000-46160 Grant Revenue 7,336,000.00 7,336,000.00 0.00 73,847.17 -7,262,152.83 1.01 % Category: 45 - Charges for Services Total: 7,336,000.00 7,336,000.00 0.00 73,847.17 -7,262,152.83 1.01% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 4 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Category: 47 - Other Revenue
121-0000-47215 Interest Income 0.00 0.00 1,061.07 1,860.91 1,860.91 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 1,061.07 1,860.91 1,860.91 0.00% Revenue Total: 7,336,000.00 7,336,000.00 1,061.07 75,708.08 -7,260,291.92 1.03% Fund: 121 - Grants - State Total: 7,336,000.00 7,336,000.00 1,061.07 75,708.08 -7,260,291.92 1.03% Fund: 122 - Grants - Federal
Revenue
Category: 45 - Charges for Services
122-0000-46160 Grant Revenue 0.00 0.00 12,380.06 12,380.06 12,380.06 0.00 % Category: 45 - Charges for Services Total: 0.00 0.00 12,380.06 12,380.06 12,380.06 0.00% Category: 47 - Other Revenue
122-0000-47215 Interest Income 0.00 0.00 918.31 1,718.15 1,718.15 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 918.31 1,718.15 1,718.15 0.00% Revenue Total: 0.00 0.00 13,298.37 14,098.21 14,098.21 0.00% Fund: 122 - Grants - Federal Total: 0.00 0.00 13,298.37 14,098.21 14,098.21 0.00% Fund: 211 - CDBG Program Income
Revenue
Category: 47 - Other Revenue
211-0000-47215 Interest Income 350.00 350.00 54.02 98.66 -251.34 28.19 % Category: 47 - Other Revenue Total: 350.00 350.00 54.02 98.66 -251.34 28.19% Revenue Total: 350.00 350.00 54.02 98.66 -251.34 28.19% Fund: 211 - CDBG Program Income Total: 350.00 350.00 54.02 98.66 -251.34 28.19% Fund: 214 - CDBG Cares Act
Revenue
Category: 47 - Other Revenue
214-0000-47215 Interest Income 0.00 0.00 146.62 273.11 273.11 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 146.62 273.11 273.11 0.00% Revenue Total: 0.00 0.00 146.62 273.11 273.11 0.00%
Fund: 214 - CDBG Cares Act Total: 0.00 0.00 146.62 273.11 273.11 0.00% Fund: 215 - CDBG CV2 Grant
Revenue
Category: 47 - Other Revenue
215-0000-47215 Interest Income 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% Revenue Total: 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% Fund: 215 - CDBG CV2 Grant Total: 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% Fund: 224 - LEAP/REAP GRANTS
Revenue
Category: 47 - Other Revenue
224-0000-47215 Interest Income 0.00 0.00 77.17 144.13 144.13 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 77.17 144.13 144.13 0.00% Revenue Total: 0.00 0.00 77.17 144.13 144.13 0.00%
Fund: 224 - LEAP/REAP GRANTS Total: 0.00 0.00 77.17 144.13 144.13 0.00% Fund: 225 - OTS Grant
Revenue
Category: 45 - Charges for Services
225-0000-46160 Grant Revenue 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00 % Category: 45 - Charges for Services Total: 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% Revenue Total: 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% Fund: 225 - OTS Grant Total: 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 5 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Fund: 297 - CDBG Housing Rehab
Revenue
Category: 47 - Other Revenue
297-0000-47215 Interest Income 1,250.00 1,250.00 216.07 405.80 -844.20 32.46 % Category: 47 - Other Revenue Total: 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% Revenue Total: 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% Fund: 297 - CDBG Housing Rehab Total: 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% Fund: 310 - Sewer Operations Fund
Revenue
Category: 45 - Charges for Services
310-0000-45120 Sewer Fees 4,032,990.00 4,032,990.00 414,777.76 787,429.55 -3,245,560.45 19.52 % 310-0000-45125 Sewer Connection Fees 50,000.00 50,000.00 9,886.31 6,372.49 -43,627.51 12.74 % 310-0000-45126 Penalties 0.00 0.00 13,287.81 29,451.90 29,451.90 0.00 % 310-0000-45130 Industrial Sewer Fees 100,000.00 100,000.00 0.00 0.00 -100,000.00 0.00 % 310-0000-45135 Sewer Fees - Miscellaneous 45,000.00 45,000.00 6,005.00 11,762.50 -33,237.50 26.14 % Category: 45 - Charges for Services Total: 4,227,990.00 4,227,990.00 443,956.88 835,016.44 -3,392,973.56 19.75% Category: 47 - Other Revenue
310-0000-47215 Interest Income 100,000.00 100,000.00 16,263.33 30,850.24 -69,149.76 30.85 % Category: 47 - Other Revenue Total: 100,000.00 100,000.00 16,263.33 30,850.24 -69,149.76 30.85% Revenue Total: 4,327,990.00 4,327,990.00 460,220.21 865,866.68 -3,462,123.32 20.01% Fund: 310 - Sewer Operations Fund Total: 4,327,990.00 4,327,990.00 460,220.21 865,866.68 -3,462,123.32 20.01% Fund: 320 - King City Community Power
Revenue
Category: 47 - Other Revenue
320-0000-47245 Power Revenue 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00 % Category: 47 - Other Revenue Total: 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% Revenue Total: 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% Fund: 320 - King City Community Power Total: 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% Fund: 410 - State Gasoline Tax
Revenue
Category: 43 - Revenue from other Agencies
410-0000-43110 Highway Users Tax 2103 129,370.00 129,370.00 12,197.44 21,868.91 -107,501.09 16.90 % 410-0000-43120 Highway Users Tx 2105 90,497.00 90,497.00 7,694.41 15,164.23 -75,332.77 16.76 % 410-0000-43130 Highway Users Tx 2106 43,578.00 43,578.00 4,000.47 7,645.12 -35,932.88 17.54 % 410-0000-43140 Highway Users Tx 2107 123,508.00 123,508.00 10,354.92 20,659.60 -102,848.40 16.73 % 410-0000-43150 Highway Users Tx 2107.5 3,000.00 3,000.00 3,000.00 3,000.00 0.00 100.00 % Category: 43 - Revenue from other Agencies Total: 389,953.00 389,953.00 37,247.24 68,337.86 -321,615.14 17.52% Category: 45 - Charges for Services
410-0000-46120 County-TAMC 30,000.00 30,000.00 0.00 0.00 -30,000.00 0.00 % Category: 45 - Charges for Services Total: 30,000.00 30,000.00 0.00 0.00 -30,000.00 0.00% Revenue Total: 419,953.00 419,953.00 37,247.24 68,337.86 -351,615.14 16.27% Fund: 410 - State Gasoline Tax Total: 419,953.00 419,953.00 37,247.24 68,337.86 -351,615.14 16.27% Fund: 411 - SB1 Road Repair Account.

Revenue
Category: 43 - Revenue from other Agencies
411-0000-43160 SB1 Revenue 372,982.00 372,982.00 36,451.32 69,823.03 -303,158.97 18.72 % Category: 43 - Revenue from other Agencies Total: 372,982.00 372,982.00 36,451.32 69,823.03 -303,158.97 18.72% Category: 47 - Other Revenue
411-0000-47215 Interest Income 15,000.00 15,000.00 1,581.96 2,898.91 -12,101.09 19.33 % Category: 47 - Other Revenue Total: 15,000.00 15,000.00 1,581.96 2,898.91 -12,101.09 19.33% Revenue Total: 387,982.00 387,982.00 38,033.28 72,721.94 -315,260.06 18.74% Fund: 411 - SB1 Road Repair Account. Total: 387,982.00 387,982.00 38,033.28 72,721.94 -315,260.06 18.74% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 6 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Fund: 412 - TAMC Sales Tax Fund
Revenue
Category: 41 - Other Taxes
412-0000-41155 Sales Tax - Measure X 529,950.00 529,950.00 0.00 0.00 -529,950.00 0.00 % Category: 41 - Other Taxes Total: 529,950.00 529,950.00 0.00 0.00 -529,950.00 0.00% Category: 47 - Other Revenue
412-0000-47215 Interest Income 12,500.00 12,500.00 2,122.14 3,967.36 -8,532.64 31.74 % Category: 47 - Other Revenue Total: 12,500.00 12,500.00 2,122.14 3,967.36 -8,532.64 31.74% Revenue Total: 542,450.00 542,450.00 2,122.14 3,967.36 -538,482.64 0.73% Fund: 412 - TAMC Sales Tax Fund Total: 542,450.00 542,450.00 2,122.14 3,967.36 -538,482.64 0.73% Fund: 413 - SLESF / COPS Grant
Revenue
Category: 45 - Charges for Services
413-0000-46170 SLESF Annual Grant 150,000.00 150,000.00 8,333.33 8,333.33 -141,666.67 5.56 % Category: 45 - Charges for Services Total: 150,000.00 150,000.00 8,333.33 8,333.33 -141,666.67 5.56% Category: 47 - Other Revenue
413-0000-47215 Interest Income 2,000.00 2,000.00 586.48 1,096.15 -903.85 54.81 % Category: 47 - Other Revenue Total: 2,000.00 2,000.00 586.48 1,096.15 -903.85 54.81% Revenue Total: 152,000.00 152,000.00 8,919.81 9,429.48 -142,570.52 6.20% Fund: 413 - SLESF / COPS Grant Total: 152,000.00 152,000.00 8,919.81 9,429.48 -142,570.52 6.20% Fund: 414 - Asset Forfeitures
Revenue
Category: 47 - Other Revenue
414-0000-47215 Interest Income 200.00 200.00 27.01 49.33 -150.67 24.67 % Category: 47 - Other Revenue Total: 200.00 200.00 27.01 49.33 -150.67 24.67% Revenue Total: 200.00 200.00 27.01 49.33 -150.67 24.67% Fund: 414 - Asset Forfeitures Total: 200.00 200.00 27.01 49.33 -150.67 24.67% Fund: 416 - Traffic Safety Fund
Revenue
Category: 47 - Other Revenue
416-0000-47215 Interest Income 150.00 150.00 7.72 11.44 -138.56 7.63 % Category: 47 - Other Revenue Total: 150.00 150.00 7.72 11.44 -138.56 7.63% Revenue Total: 150.00 150.00 7.72 11.44 -138.56 7.63%
Fund: 416 - Traffic Safety Fund Total: 150.00 150.00 7.72 11.44 -138.56 7.63% Fund: 475 - Successor Agency to CDA
Revenue
Category: 41 - Other Taxes
475-0000-40170 Property Taxes - Excess RPTTF 454,429.00 454,429.00 0.00 0.00 -454,429.00 0.00 % Category: 41 - Other Taxes Total: 454,429.00 454,429.00 0.00 0.00 -454,429.00 0.00% Category: 47 - Other Revenue
475-0000-47215 Interest Income 0.00 0.00 733.10 2,020.29 2,020.29 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 733.10 2,020.29 2,020.29 0.00% Revenue Total: 454,429.00 454,429.00 733.10 2,020.29 -452,408.71 0.44% Fund: 475 - Successor Agency to CDA Total: 454,429.00 454,429.00 733.10 2,020.29 -452,408.71 0.44% Fund: 610 - Riverview Gardens Landscape
Revenue
Category: 40 - Property Taxes
610-0000-40190 Property Taxes - Assessments 21,685.00 21,685.00 0.00 0.00 -21,685.00 0.00 % Category: 40 - Property Taxes Total: 21,685.00 21,685.00 0.00 0.00 -21,685.00 0.00% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 7 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Category: 47 - Other Revenue
610-0000-47215 Interest Income 500.00 500.00 111.89 208.62 -291.38 41.72 % Category: 47 - Other Revenue Total: 500.00 500.00 111.89 208.62 -291.38 41.72% Revenue Total: 22,185.00 22,185.00 111.89 208.62 -21,976.38 0.94% Fund: 610 - Riverview Gardens Landscape Total: 22,185.00 22,185.00 111.89 208.62 -21,976.38 0.94% Fund: 710 - Library Dvlpmnt ImpactFee Fund
Revenue
Category: 47 - Other Revenue
710-0000-47100 Impact Fees - Library 15,000.00 15,000.00 2,002.44 2,002.44 -12,997.56 13.35 % 710-0000-47215 Interest Income 4,000.00 4,000.00 463.01 868.51 -3,131.49 21.71 % Category: 47 - Other Revenue Total: 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% Revenue Total: 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% Fund: 710 - Library Dvlpmnt ImpactFee Fund Total: 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% Fund: 711 - Park Impact Fee Fund
Revenue
Category: 47 - Other Revenue
711-0000-47100 Impact Fees - Park 5,000.00 5,000.00 0.00 0.00 -5,000.00 0.00 % 711-0000-47215 Interest Income 1,000.00 1,000.00 108.04 201.05 -798.95 20.11 % Category: 47 - Other Revenue Total: 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% Revenue Total: 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% Fund: 711 - Park Impact Fee Fund Total: 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% Fund: 712 - Police Dvlpmnt ImpactFee Fund
Revenue
Category: 47 - Other Revenue
712-0000-47100 Impact Fees - Police 25,000.00 25,000.00 3,524.88 3,524.88 -21,475.12 14.10 % 712-0000-47215 Interest Income 3,000.00 3,000.00 412.85 769.99 -2,230.01 25.67 % Category: 47 - Other Revenue Total: 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% Revenue Total: 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% Fund: 712 - Police Dvlpmnt ImpactFee Fund Total: 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% Fund: 713 - Wastewater Collection Impact
Revenue
Category: 47 - Other Revenue
713-0000-47100 Impact Fees 15,000.00 15,000.00 0.00 0.00 -15,000.00 0.00 % 713-0000-47215 Interest Income 3,000.00 3,000.00 320.25 599.27 -2,400.73 19.98 % Category: 47 - Other Revenue Total: 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% Revenue Total: 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% Fund: 713 - Wastewater Collection Impact Total: 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% Fund: 714 - Wastewater Treatment Impact
Revenue
Category: 47 - Other Revenue
714-0000-47100 Impact Fees 20,000.00 20,000.00 0.00 0.00 -20,000.00 0.00 % 714-0000-47215 Interest Income 5,000.00 5,000.00 528.61 986.19 -4,013.81 19.72 % Category: 47 - Other Revenue Total: 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% Revenue Total: 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% Fund: 714 - Wastewater Treatment Impact Total: 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% Fund: 715 - Gen Fac Veh, Equip Impact
Revenue
Category: 47 - Other Revenue
715-0000-47100 Impact Fees - Gen Fac Veh Equip 50,000.00 50,000.00 3,031.16 3,031.16 -46,968.84 6.06 % Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 8 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
715-0000-47215 Interest Income 2,000.00 2,000.00 19.29 37.89 -1,962.11 1.89 % Category: 47 - Other Revenue Total: 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% Revenue Total: 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% Fund: 715 - Gen Fac Veh, Equip Impact Total: 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% Fund: 716 - Fire & Development Impact Fees
Revenue
Category: 47 - Other Revenue
716-0000-47100 Impact Fees - Fire 30,000.00 30,000.00 3,460.88 3,460.88 -26,539.12 11.54 % 716-0000-47215 Interest Income 4,000.00 4,000.00 463.01 864.79 -3,135.21 21.62 % Category: 47 - Other Revenue Total: 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% Revenue Total: 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% Fund: 716 - Fire & Development Impact Fees Total: 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% Fund: 717 - Storm Sewer Impact Fee Fund
Revenue
Category: 47 - Other Revenue
717-0000-47100 Impact Fees - Storm Sewer 25,000.00 25,000.00 2,085.16 2,085.16 -22,914.84 8.34 % 717-0000-47215 Interest Income 5,000.00 5,000.00 466.87 902.13 -4,097.87 18.04 % Category: 47 - Other Revenue Total: 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% Revenue Total: 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% Fund: 717 - Storm Sewer Impact Fee Fund Total: 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% Fund: 718 - Traffic Impact Fee fund
Revenue
Category: 47 - Other Revenue
718-0000-47100 Impact Fees - Traffic 50,000.00 50,000.00 8,727.64 8,727.64 -41,272.36 17.46 % 718-0000-47215 Interest Income 10,000.00 10,000.00 1,774.88 3,318.76 -6,681.24 33.19 % Category: 47 - Other Revenue Total: 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% Revenue Total: 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% Fund: 718 - Traffic Impact Fee fund Total: 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% Fund: 719 - Public Use Facilities Impact F
Revenue
Category: 47 - Other Revenue
719-0000-47100 Impact Fees - Public Use Facilities 25,000.00 25,000.00 2,820.84 2,820.84 -22,179.16 11.28 % 719-0000-47215 Interest Income 2,000.00 2,000.00 324.11 606.85 -1,393.15 30.34 % Category: 47 - Other Revenue Total: 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% Revenue Total: 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% Fund: 719 - Public Use Facilities Impact F Total: 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% Fund: 720 - Aquatic Center Impact Fee
Revenue
Category: 47 - Other Revenue
720-0000-47100 Impact Fees - Aquatic Center 20,000.00 20,000.00 2,788.84 2,788.84 -17,211.16 13.94 % 720-0000-47215 Interest Income 4,000.00 4,000.00 864.29 1,615.77 -2,384.23 40.39 % Category: 47 - Other Revenue Total: 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% Revenue Total: 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% Fund: 720 - Aquatic Center Impact Fee Total: 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% Fund: 910 - K.C. Financing Authority
Revenue
Category: 47 - Other Revenue
910-0000-47215 Interest Income 2,500.00 2,500.00 0.00 0.00 -2,500.00 0.00 % Category: 47 - Other Revenue Total: 2,500.00 2,500.00 0.00 0.00 -2,500.00 0.00% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 9 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Percent
Used
Current
Total Budget
Period
Activity
Original
Total Budget
Category: 49 - Transfers In
910-0000-49010 Transfers In 273,918.00 273,918.00 0.00 0.00 -273,918.00 0.00 % Category: 49 - Transfers In Total: 273,918.00 273,918.00 0.00 0.00 -273,918.00 0.00% Revenue Total: 276,418.00 276,418.00 0.00 0.00 -276,418.00 0.00% Fund: 910 - K.C. Financing Authority Total: 276,418.00 276,418.00 0.00 0.00 -276,418.00 0.00% Fund: 963 - RDA Low/Mod Income Housng Fund
Revenue
Category: 47 - Other Revenue
963-0000-47215 Interest Income 0.00 0.00 231.51 432.40 432.40 0.00 % Category: 47 - Other Revenue Total: 0.00 0.00 231.51 432.40 432.40 0.00% Revenue Total: 0.00 0.00 231.51 432.40 432.40 0.00%
Fund: 963 - RDA Low/Mod Income Housng Fund Total: 0.00 0.00 231.51 432.40 432.40 0.00% Report Total: 29,119,602.00 29,119,602.00 1,415,965.32 3,240,122.37 -25,879,479.63 11.13% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 10 of 15
Group Summary
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Categor…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 100 - General Fund
Revenue
40 - Property Taxes 3,159,730.00 3,159,730.00 0.00 0.00 -3,159,730.00 0.00% 41 - Other Taxes 4,496,915.00 4,496,915.00 549,542.09 892,569.79 -3,604,345.21 19.85% 42 - Licenses & Permits 1,458,300.00 1,458,300.00 54,072.14 209,376.18 -1,248,923.82 14.36% 43 - Revenue from other Agencies 25,000.00 25,000.00 16,964.00 16,964.00 -8,036.00 67.86% 44 - Franchise Fees 1,107,000.00 1,107,000.00 70,231.95 183,994.13 -923,005.87 16.62% 45 - Charges for Services 413,600.00 413,600.00 47,306.81 134,809.06 -278,790.94 32.59% 46 - Grant Revenue 50,000.00 50,000.00 1,500.00 1,500.00 -48,500.00 3.00% 47 - Other Revenue 228,100.00 228,100.00 28,040.65 168,302.67 -59,797.33 73.78% 49 - Transfers In 520,000.00 520,000.00 0.00 0.00 -520,000.00 0.00% Revenue Total: 11,458,645.00 11,458,645.00 767,657.64 1,607,515.83 -9,851,129.17 14.03% Fund: 100 - General Fund Total: 11,458,645.00 11,458,645.00 767,657.64 1,607,515.83 -9,851,129.17 14.03% Fund: 110 - Airport Operations Fund
Revenue
45 - Charges for Services 10,000.00 10,000.00 9,204.00 349,023.79 339,023.79 3,490.24% 47 - Other Revenue 110,600.00 110,600.00 1,033.01 47,443.50 -63,156.50 42.90% Revenue Total: 120,600.00 120,600.00 10,237.01 396,467.29 275,867.29 328.75% Fund: 110 - Airport Operations Fund Total: 120,600.00 120,600.00 10,237.01 396,467.29 275,867.29 328.75% Fund: 111 - UUT - PUBLIC SAFETY
Revenue
47 - Other Revenue 0.00 0.00 1,126.67 2,038.12 2,038.12 0.00% 48 - Review 260,000.00 260,000.00 19,876.72 58,642.16 -201,357.84 22.55% Revenue Total: 260,000.00 260,000.00 21,003.39 60,680.28 -199,319.72 23.34% Fund: 111 - UUT - PUBLIC SAFETY Total: 260,000.00 260,000.00 21,003.39 60,680.28 -199,319.72 23.34% Fund: 112 - Landfill Closure Fund
Revenue
49 - Transfers In 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% Revenue Total: 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% Fund: 112 - Landfill Closure Fund Total: 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% Fund: 113 - Trust Deposits Fund
Revenue
47 - Other Revenue 0.00 0.00 3.86 7.58 7.58 0.00%
Revenue Total: 0.00 0.00 3.86 7.58 7.58 0.00%
Fund: 113 - Trust Deposits Fund Total: 0.00 0.00 3.86 7.58 7.58 0.00% Fund: 120 - DEVELOPER ACCOUNTS
Revenue
47 - Other Revenue 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% Revenue Total: 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% Fund: 120 - DEVELOPER ACCOUNTS Total: 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% Fund: 121 - Grants - State
Revenue
45 - Charges for Services 7,336,000.00 7,336,000.00 0.00 73,847.17 -7,262,152.83 1.01% 47 - Other Revenue 0.00 0.00 1,061.07 1,860.91 1,860.91 0.00% Revenue Total: 7,336,000.00 7,336,000.00 1,061.07 75,708.08 -7,260,291.92 1.03% Fund: 121 - Grants - State Total: 7,336,000.00 7,336,000.00 1,061.07 75,708.08 -7,260,291.92 1.03% Fund: 122 - Grants - Federal
Revenue
45 - Charges for Services 0.00 0.00 12,380.06 12,380.06 12,380.06 0.00% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 11 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Categor…
Current
Total Budget
Original
Total Budget
Percent
Used
47 - Other Revenue 0.00 0.00 918.31 1,718.15 1,718.15 0.00% Revenue Total: 0.00 0.00 13,298.37 14,098.21 14,098.21 0.00% Fund: 122 - Grants - Federal Total: 0.00 0.00 13,298.37 14,098.21 14,098.21 0.00% Fund: 211 - CDBG Program Income
Revenue
47 - Other Revenue 350.00 350.00 54.02 98.66 -251.34 28.19% Revenue Total: 350.00 350.00 54.02 98.66 -251.34 28.19% Fund: 211 - CDBG Program Income Total: 350.00 350.00 54.02 98.66 -251.34 28.19% Fund: 214 - CDBG Cares Act
Revenue
47 - Other Revenue 0.00 0.00 146.62 273.11 273.11 0.00% Revenue Total: 0.00 0.00 146.62 273.11 273.11 0.00%
Fund: 214 - CDBG Cares Act Total: 0.00 0.00 146.62 273.11 273.11 0.00% Fund: 215 - CDBG CV2 Grant
Revenue
47 - Other Revenue 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% Revenue Total: 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% Fund: 215 - CDBG CV2 Grant Total: 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% Fund: 224 - LEAP/REAP GRANTS
Revenue
47 - Other Revenue 0.00 0.00 77.17 144.13 144.13 0.00%
Revenue Total: 0.00 0.00 77.17 144.13 144.13 0.00%
Fund: 224 - LEAP/REAP GRANTS Total: 0.00 0.00 77.17 144.13 144.13 0.00% Fund: 225 - OTS Grant
Revenue
45 - Charges for Services 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% Revenue Total: 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% Fund: 225 - OTS Grant Total: 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% Fund: 297 - CDBG Housing Rehab
Revenue
47 - Other Revenue 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% Revenue Total: 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% Fund: 297 - CDBG Housing Rehab Total: 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% Fund: 310 - Sewer Operations Fund
Revenue
45 - Charges for Services 4,227,990.00 4,227,990.00 443,956.88 835,016.44 -3,392,973.56 19.75% 47 - Other Revenue 100,000.00 100,000.00 16,263.33 30,850.24 -69,149.76 30.85% Revenue Total: 4,327,990.00 4,327,990.00 460,220.21 865,866.68 -3,462,123.32 20.01% Fund: 310 - Sewer Operations Fund Total: 4,327,990.00 4,327,990.00 460,220.21 865,866.68 -3,462,123.32 20.01% Fund: 320 - King City Community Power
Revenue
47 - Other Revenue 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% Revenue Total: 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% Fund: 320 - King City Community Power Total: 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% Fund: 410 - State Gasoline Tax
Revenue
43 - Revenue from other Agencies 389,953.00 389,953.00 37,247.24 68,337.86 -321,615.14 17.52% 45 - Charges for Services 30,000.00 30,000.00 0.00 0.00 -30,000.00 0.00% Revenue Total: 419,953.00 419,953.00 37,247.24 68,337.86 -351,615.14 16.27% Fund: 410 - State Gasoline Tax Total: 419,953.00 419,953.00 37,247.24 68,337.86 -351,615.14 16.27% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 12 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Categor…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 411 - SB1 Road Repair Account.

Revenue
43 - Revenue from other Agencies 372,982.00 372,982.00 36,451.32 69,823.03 -303,158.97 18.72% 47 - Other Revenue 15,000.00 15,000.00 1,581.96 2,898.91 -12,101.09 19.33% Revenue Total: 387,982.00 387,982.00 38,033.28 72,721.94 -315,260.06 18.74% Fund: 411 - SB1 Road Repair Account. Total: 387,982.00 387,982.00 38,033.28 72,721.94 -315,260.06 18.74% Fund: 412 - TAMC Sales Tax Fund
Revenue
41 - Other Taxes 529,950.00 529,950.00 0.00 0.00 -529,950.00 0.00% 47 - Other Revenue 12,500.00 12,500.00 2,122.14 3,967.36 -8,532.64 31.74% Revenue Total: 542,450.00 542,450.00 2,122.14 3,967.36 -538,482.64 0.73% Fund: 412 - TAMC Sales Tax Fund Total: 542,450.00 542,450.00 2,122.14 3,967.36 -538,482.64 0.73% Fund: 413 - SLESF / COPS Grant
Revenue
45 - Charges for Services 150,000.00 150,000.00 8,333.33 8,333.33 -141,666.67 5.56% 47 - Other Revenue 2,000.00 2,000.00 586.48 1,096.15 -903.85 54.81% Revenue Total: 152,000.00 152,000.00 8,919.81 9,429.48 -142,570.52 6.20% Fund: 413 - SLESF / COPS Grant Total: 152,000.00 152,000.00 8,919.81 9,429.48 -142,570.52 6.20% Fund: 414 - Asset Forfeitures
Revenue
47 - Other Revenue 200.00 200.00 27.01 49.33 -150.67 24.67% Revenue Total: 200.00 200.00 27.01 49.33 -150.67 24.67% Fund: 414 - Asset Forfeitures Total: 200.00 200.00 27.01 49.33 -150.67 24.67% Fund: 416 - Traffic Safety Fund
Revenue
47 - Other Revenue 150.00 150.00 7.72 11.44 -138.56 7.63% Revenue Total: 150.00 150.00 7.72 11.44 -138.56 7.63%
Fund: 416 - Traffic Safety Fund Total: 150.00 150.00 7.72 11.44 -138.56 7.63% Fund: 475 - Successor Agency to CDA
Revenue
41 - Other Taxes 454,429.00 454,429.00 0.00 0.00 -454,429.00 0.00% 47 - Other Revenue 0.00 0.00 733.10 2,020.29 2,020.29 0.00% Revenue Total: 454,429.00 454,429.00 733.10 2,020.29 -452,408.71 0.44% Fund: 475 - Successor Agency to CDA Total: 454,429.00 454,429.00 733.10 2,020.29 -452,408.71 0.44% Fund: 610 - Riverview Gardens Landscape
Revenue
40 - Property Taxes 21,685.00 21,685.00 0.00 0.00 -21,685.00 0.00% 47 - Other Revenue 500.00 500.00 111.89 208.62 -291.38 41.72% Revenue Total: 22,185.00 22,185.00 111.89 208.62 -21,976.38 0.94% Fund: 610 - Riverview Gardens Landscape Total: 22,185.00 22,185.00 111.89 208.62 -21,976.38 0.94% Fund: 710 - Library Dvlpmnt ImpactFee Fund
Revenue
47 - Other Revenue 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% Revenue Total: 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% Fund: 710 - Library Dvlpmnt ImpactFee Fund Total: 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% Fund: 711 - Park Impact Fee Fund
Revenue
47 - Other Revenue 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% Revenue Total: 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% Fund: 711 - Park Impact Fee Fund Total: 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 13 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Categor…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 712 - Police Dvlpmnt ImpactFee Fund
Revenue
47 - Other Revenue 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% Revenue Total: 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% Fund: 712 - Police Dvlpmnt ImpactFee Fund Total: 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% Fund: 713 - Wastewater Collection Impact
Revenue
47 - Other Revenue 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% Revenue Total: 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% Fund: 713 - Wastewater Collection Impact Total: 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% Fund: 714 - Wastewater Treatment Impact
Revenue
47 - Other Revenue 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% Revenue Total: 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% Fund: 714 - Wastewater Treatment Impact Total: 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% Fund: 715 - Gen Fac Veh, Equip Impact
Revenue
47 - Other Revenue 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% Revenue Total: 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% Fund: 715 - Gen Fac Veh, Equip Impact Total: 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% Fund: 716 - Fire & Development Impact Fees
Revenue
47 - Other Revenue 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% Revenue Total: 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% Fund: 716 - Fire & Development Impact Fees Total: 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% Fund: 717 - Storm Sewer Impact Fee Fund
Revenue
47 - Other Revenue 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% Revenue Total: 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% Fund: 717 - Storm Sewer Impact Fee Fund Total: 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% Fund: 718 - Traffic Impact Fee fund
Revenue
47 - Other Revenue 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% Revenue Total: 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% Fund: 718 - Traffic Impact Fee fund Total: 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% Fund: 719 - Public Use Facilities Impact F
Revenue
47 - Other Revenue 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% Revenue Total: 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% Fund: 719 - Public Use Facilities Impact F Total: 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% Fund: 720 - Aquatic Center Impact Fee
Revenue
47 - Other Revenue 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% Revenue Total: 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% Fund: 720 - Aquatic Center Impact Fee Total: 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% Fund: 910 - K.C. Financing Authority
Revenue
47 - Other Revenue 2,500.00 2,500.00 0.00 0.00 -2,500.00 0.00% 49 - Transfers In 273,918.00 273,918.00 0.00 0.00 -273,918.00 0.00% Revenue Total: 276,418.00 276,418.00 0.00 0.00 -276,418.00 0.00% Fund: 910 - K.C. Financing Authority Total: 276,418.00 276,418.00 0.00 0.00 -276,418.00 0.00% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 14 of 15
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Categor…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 963 - RDA Low/Mod Income Housng Fund
Revenue
47 - Other Revenue 0.00 0.00 231.51 432.40 432.40 0.00% Revenue Total: 0.00 0.00 231.51 432.40 432.40 0.00%
Fund: 963 - RDA Low/Mod Income Housng Fund Total: 0.00 0.00 231.51 432.40 432.40 0.00% Report Total: 29,119,602.00 29,119,602.00 1,415,965.32 3,240,122.37 -25,879,479.63 11.13% Budget Revenue Report For Fiscal: 2026-2027 Period Ending: 08/31/2026 9/13/2026 10:31:06 PM Page 15 of 15
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
100 - General Fund 11,458,645.00 11,458,645.00 767,657.64 1,607,515.83 -9,851,129.17 14.03% 110 - Airport Operations Fund 120,600.00 120,600.00 10,237.01 396,467.29 275,867.29 328.75% 111 - UUT - PUBLIC SAFETY 260,000.00 260,000.00 21,003.39 60,680.28 -199,319.72 23.34% 112 - Landfill Closure Fund 36,000.00 36,000.00 0.00 0.00 -36,000.00 0.00% 113 - Trust Deposits Fund 0.00 0.00 3.86 7.58 7.58 0.00% 120 - DEVELOPER ACCOUNTS 0.00 0.00 8,974.51 9,924.51 9,924.51 0.00% 121 - Grants - State 7,336,000.00 7,336,000.00 1,061.07 75,708.08 -7,260,291.92 1.03% 122 - Grants - Federal 0.00 0.00 13,298.37 14,098.21 14,098.21 0.00% 211 - CDBG Program Income 350.00 350.00 54.02 98.66 -251.34 28.19% 214 - CDBG Cares Act 0.00 0.00 146.62 273.11 273.11 0.00% 215 - CDBG CV2 Grant 0.00 0.00 1,315.73 2,461.55 2,461.55 0.00% 224 - LEAP/REAP GRANTS 0.00 0.00 77.17 144.13 144.13 0.00% 225 - OTS Grant 0.00 0.00 10,078.90 10,078.90 10,078.90 0.00% 297 - CDBG Housing Rehab 1,250.00 1,250.00 216.07 405.80 -844.20 32.46% 310 - Sewer Operations Fund 4,327,990.00 4,327,990.00 460,220.21 865,866.68 -3,462,123.32 20.01% 320 - King City Community Power 3,000,000.00 3,000,000.00 0.00 0.00 -3,000,000.00 0.00% 410 - State Gasoline Tax 419,953.00 419,953.00 37,247.24 68,337.86 -351,615.14 16.27% 411 - SB1 Road Repair Account. 387,982.00 387,982.00 38,033.28 72,721.94 -315,260.06 18.74% 412 - TAMC Sales Tax Fund 542,450.00 542,450.00 2,122.14 3,967.36 -538,482.64 0.73% 413 - SLESF / COPS Grant 152,000.00 152,000.00 8,919.81 9,429.48 -142,570.52 6.20% 414 - Asset Forfeitures 200.00 200.00 27.01 49.33 -150.67 24.67% 416 - Traffic Safety Fund 150.00 150.00 7.72 11.44 -138.56 7.63% 475 - Successor Agency to CDA 454,429.00 454,429.00 733.10 2,020.29 -452,408.71 0.44% 610 - Riverview Gardens Landscape 22,185.00 22,185.00 111.89 208.62 -21,976.38 0.94% 710 - Library Dvlpmnt ImpactFee Fund 19,000.00 19,000.00 2,465.45 2,870.95 -16,129.05 15.11% 711 - Park Impact Fee Fund 6,000.00 6,000.00 108.04 201.05 -5,798.95 3.35% 712 - Police Dvlpmnt ImpactFee Fund 28,000.00 28,000.00 3,937.73 4,294.87 -23,705.13 15.34% 713 - Wastewater Collection Impact 18,000.00 18,000.00 320.25 599.27 -17,400.73 3.33% 714 - Wastewater Treatment Impact 25,000.00 25,000.00 528.61 986.19 -24,013.81 3.94% 715 - Gen Fac Veh, Equip Impact 52,000.00 52,000.00 3,050.45 3,069.05 -48,930.95 5.90% 716 - Fire & Development Impact Fees 34,000.00 34,000.00 3,923.89 4,325.67 -29,674.33 12.72% 717 - Storm Sewer Impact Fee Fund 30,000.00 30,000.00 2,552.03 2,987.29 -27,012.71 9.96% 718 - Traffic Impact Fee fund 60,000.00 60,000.00 10,502.52 12,046.40 -47,953.60 20.08% 719 - Public Use Facilities Impact F 27,000.00 27,000.00 3,144.95 3,427.69 -23,572.31 12.70% 720 - Aquatic Center Impact Fee 24,000.00 24,000.00 3,653.13 4,404.61 -19,595.39 18.35% 910 - K.C. Financing Authority 276,418.00 276,418.00 0.00 0.00 -276,418.00 0.00% 963 - RDA Low/Mod Income Housng Fund 0.00 0.00 231.51 432.40 432.40 0.00% Report Total: 29,119,602.00 29,119,602.00 1,415,965.32 3,240,122.37 -25,879,479.63 11.13% Item No. 9(C)

STAFF REPORT
DATE: AUGUST 11, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL
TREE TRIMMING SERVICES 2026 & 2027
RECOMMENDATION:

It is recommended City Council award a contract services agreement for two years of annual tree trimming services to West Coast Arborist, Inc. in the amount of $135,000.

BACKGROUND:

The City maintains approximately 2,100 trees, a majority of which are trees planted in the public right of way. City-maintained trees require periodic risk reduction pruning and standard tree trimming maintenance to minimize tree limb failures that may cause damage or injury. City staff has previously completed some level of tree trimming work however, due to the limited size of the City’s Public Works Department maintenance crew and the increasing maintenance needs at other facilities has necessitated the reliance on private tree trimming firms.

In Fiscal Year 2026/2027, the City Council allocated $90,000 for contract services for tree trimming services. In the past two budget years, approximately 300 Citymaintained Street trees per year were trimmed by private tree trimming contractors. In 2024 tree trimming in the southeast (SE) quadrant of the City was completed and in 2025 tree trimming in the northeast (NE) quadrant of the City was completed. The goal is to complete trimming of all City street trees on a fouryear cycle with a quadrant of the city completed each year.

CITY COUNCIL

CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL TREE

TRIMMING SERVICES
SEPTEMBER 22, 2026
PAGE 2 OF 2
DISCUSSION:

On August 5, 2026, formal bid documents for two years of tree trimming services were prepared and distributed. By the due date of September 2, 2026, two firms submitted bids. (Attachment 1) The responsive low bidder is West Coast Arborists, Inc. in the amount of $ 135,000.00. A copy of the bid form is attached (Attachment #2).

It is recommended that the City Council award a contract to West Coast Arborists, Inc. in the amount of $135,000.00 for tree trimming services in FY 2026/2027. (Attachment #3)
COST ANALYSIS:

Award of this contract will result in expenditures of $67,500.00 during FY 2026/27 and $67,500 in FY 2027/28. Funding will come from the General Fund where there is $90,000 budgeted for Street Trees for FY 26/27.

ENVIRONMENTAL REVIEW:

Environmental review was completed at the time the project was approved. No additional environmental review is required.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve staff’s recommendation to award the contract to West Coast Arborists, Inc.;

2. Do not approve staff’s recommendation to award the contract and direct staff to revise and rebid the proposed tree trimming work;

3. Provide other directions to staff.

Exhibits:

1. Formal Bids Results- Tree Trimming Services

2. Bid Form- West Coast Arborists, Inc.

3. Draft Agreement- West Coast Arborists, Inc.

Exhibit 1

Exhibit 2

Project Name/No.: Tree Trimming Services –2026 & 2027 Contract No.: 2026-0801 Project Manager: ________________ Approved: ______________ 01222.0006/820866.1 1

PUBLIC WORKS AGREEMENT
BETWEEN CITY OF KING AND WEST COAST ARBORISTS, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 22nd day of September, 2026 by and between the CITY OF KING, a municipal corporation, (“City”) and West Coast Arborists, Inc. (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of King Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Tree Trimming Services – 2026 & 2027 (“Project”).

All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Exhibit 3
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01222.0006/820866.1
Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall located at 212 S. Vanderhurst Ave., King City, CA 93930 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. -3-
01222.0006/820866.1
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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01222.0006/820866.1

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
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01222.0006/820866.1

1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.9 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the -6-
01222.0006/820866.1
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. -7-
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(iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of One Thousand Thirty Five Hundred Dollars ($135,000.00) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these -8-
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rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within December 31, 2027 from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Hundred Dollars ($100,00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any -9-
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monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Mr. Patrick MahoneyPresident
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in -10-
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writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Anthony Storelli, Public Works Superintendent, or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. -12-
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Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against -13-
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City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change -14-
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results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability -15-
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involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, -16-
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Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Monterey, State of California.
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7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook).

7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. -18-
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(c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. -19-
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(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and -20-
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shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes -21-
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of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ -22-
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such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of King 212 S.

Vanderhurst Ave., King City, CA 93930 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 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. -24-
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
///
CITY:

CITY OF KING, a California Municipal
Corporation.
___________________________________
Mike LeBarre, Mayor
CONTRACTOR:

WEST COAST ARBORISTS, INC.
*By: ________________________________
Name: Mr. Patrick Mahoney_
Title: President ___
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

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 A-1

EXHIBIT A
CONTRACTOR’S BID
01222.0006/820866.1
Item No. 9(D)

STAFF REPORT
DATE: SEPTEMBER 22, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF AWARD OF BID FOR THE 2026 KING CITY

SEDIMENT REMOVAL PROJECT
RECOMMENDATION:

It is recommended City Council: 1) award the base bid for the 2026 King City Sediment Removal Project as proposed by low bidder, Monterey Peninsula Engineering, Inc. in the amount of $73,635.00; and 2) authorize the City Manager to execute the contract and approve change orders up to 25%.

BACKGROUND:

On September 12, 2017, Council approved entering into an agreement to participate in the Salinas River Maintenance Program. The purpose of the agreement is to ensure compliance with the terms and conditions of the U.S. Army Corps of Engineers’ 404 Permit, State Regional Water Quality Control Board 401 Certification, and the Program Guidelines.

A component of the Salinas River Stream Maintenance Program is to remove sediment along the San Lorenzo Creek. Maintenance of the San Lorenzo Creek Channel is a high priority to the City due to potential flooding during major storms.

Sediment has built up over the years, reducing the flow capacity of the creek. To help minimize the damage to adjacent properties along the San Lorenzo Creek, Monterey County Water Resource Agency (MCWRA) has obtained environmental permits to perform various maintenance activities within the Salinas River and the San Lorenzo Creek. These permits consist of the U.S Army Corps of Engineers (USACE) General 404 Permit and the State of California Regional Water Quality Control Board (RWQCB) 401 Water Quality Permit. These permits restrict the activities performed within the Salinas River and the San Lorenzo Creek by the adjacent property owners.

CITY COUNCIL

CONSIDERATION OF AWARD OF BID
FOR THE 2026 SEDIMENT REMOVAL PROJECT
SEPTEMBER 22, 2026
PAGE 2 OF 3
The permits allow for 2,000 Cubic Yards of sediment to be removed within each permit year. The City prepared and submitted a work plan to remove sediment and transport it to a site upstream. The upstream site was sold by the City, but the rights to place sediment associated with this program were retained.

The City participated in the program in 2017 and removed the first 2,000 cubic yards of sediment along the Creek between US 101 bridge to the first golf course access bridge. In 2019 through 2025, the City participated in the sediment removal program upstream from the US 101 bridge through the 1st Street bridge. This is the seventh round of sediment removal to help reduce the potential of flooding.

DISCUSSION:

The City received an approved Verification Request Form (VRF) under Routine Maintenance Agreement No 1600-2016-0016-R4 for the proposed work.

Improvement Plans and Specifications were put out to bid for the 2026 King City Sediment Removal Project on August 14, 2026. The proposed project consists of sediment removal of 2,000 cubic yards out of the San Lorenzo Creek form the First Street bridge to the US 101 bridge. Sediment is to be trucked out along an established access route. No more than two feet in depth of sediment will be removed, and the upstream-to-downstream slope will be maintained. The areas where sediment removal will take place are devoid of vegetation, so vegetation removal will not occur. Access will follow existing routes. No new access routes will be created.

The City received the following bids by the due date of September 9, 2026:

Contractor Base bid
Specialty Construction Company Inc. $115,000.00
The Don Chapin Company Inc. $77,500.00
Monterey Peninsula Engineering $73,635.00
COST ANALYSIS:

Funding for this project was included in the 2026/2027 budget. The City appropriated $100,000.00 to prepare plans and specs, perform the work, and provide inspection and biological monitoring.

CITY COUNCIL

CONSIDERATION OF AWARD OF BID
FOR THE 2026 SEDIMENT REMOVAL PROJECT
SEPTEMBER 22, 2026
PAGE 3 OF 3
ENVIRONMENTAL REVIEW:

MCWRA has obtained environmental permits to perform various maintenance activities with the Salinas River and the San Lorenzo Creek. These permits consist of the U.S Army Corps of Engineers (USACE) General 404 Permit and the State of California Regional Water Quality Control Board (RWQCB) 401 Water Quality Permit. These permits also restrict the activities performed within the Salinas River and the San Lorenzo Creek by the adjacent property owners. MCWRA staff will perform all monitoring as required by permits.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Award Base Bid of the 2026 King City Sediment Removal Project as proposed by the low bidder, Monterey Peninsula Engineering, Inc. in the proposed amount of $73,635.00; and authorize the City Manager to execute the contract and approve change orders up to 25%.

2. Reject bids and solicit new bids;

3. Do not award the 2026 King City Sediment Removal Project; or

4. Provide other direction to staff.

Exhibits:

1. Salinas River Stream Maintenance Program Work Plan – 2026 Fall Season

2. Bid opening results

3. Contract- Monterey Peninsula Engineering, Inc.
1 Salinas River
Stream Maintenance Program
USACE File No. 22309S
RWQCB Certification No. 32716WQ02
Work Plan – 2026 Fall Season
Resource Conservation District of Monterey County
744 A La Guardia St.

Salinas CA, 93905
July 2026
2 Contents
I. Overview ..............................................................................................................................3 Project Purpose and Need ..................................................................................................................3 SMP Permit Requirements.................................................................................................................3 Annual Authorizations........................................................................................................................3 Work Plan Summary...........................................................................................................................4 II. Current River Conditions and Fall/Winter Precipitation Forecast...................5 III. Activities ..........................................................................................................................5 New MAs.................................................................................................................................................5 Retreatment of MAs.............................................................................................................................6 Grading ...................................................................................................................................................6 Sediment Removal................................................................................................................................6 Arundo Treatment as Mitigation......................................................................................................7 Tree Plantings........................................................................................................................................8 IV. Impacts and Mitigation Requirements.....................................................................8 Avoidance and Minimization.............................................................................................................8 Special Approaches and Conditions.................................................................................................9 Impacts to Historic and Cultural Resources..................................................................................9 Anticipated Impacts to Wetlands......................................................................................................9 Anticipated Impacts to Select Vegetation Classes ........................................................................9 Program Mitigation Requirements............................................................................................... 10 Mitigation Status................................................................................................................................ 11 V. Appendices........................................................................................................................ 12 Appendix A: RMU Map......................................................................................................... 12 Appendix B: Reservoir Release Schedule 2026................................................................. 13 Appendix C: Pictures of Representative Sites .................................................................. 14 Appendix D: Maps of Maintenance Activities.................................................................. 17 List of Tables
Table 1: Proposed Initial Treatment of MAs...................................................................... 5 Table 2: Proposed Retreatment of MAs.............................................................................. 6 Table 3: Proposed Sediment Management Work ............................................................... 7 Table 4: Mitigation Requirements.................................................................................... 10 Table 5: Status of Arundo Mitigation Requirements........................................................ 11 Table 6: Status of Tree Planting Mitigation Requirements .............................................. 11 3 I. Overview
Project Purpose and Need
The Salinas River Stream Maintenance Program (SMP) incorporates a cooperative planning and design process among technical experts, agencies, stakeholders, municipalities, landowners, and growers to establish a flood risk reduction approach for the majority of the Salinas River and three select tributaries. The project also maintains ecological conditions for fish and wildlife and is consistent with other priorities for the Salinas River, including groundwater recharge. The SMP is divided into seven River Management Units (RMUs) along the Salinas River from river mile 2 to 94.

The objective for the SMP is to reduce the flood risk to agricultural land and infrastructure adjacent to the Salinas River while maintaining and enhancing natural habitat and ecological and hydrological processes. This is achieved through vegetation maintenance, sediment management, and non-native vegetation removal primarily in designated secondary or high flow channels outside of the low flow channel. Appendix A shows the Program Area and the locations of the proposed Maintenance Areas (MAs) by RMU.

SMP Permit Requirements
Necessary authorizations for the SMP were received by October 14, 2016. The Department of the Army Regional General Permit (RGP) 20 for the Salinas River Stream Maintenance Program, Corps File No. 22309S, was executed on September 28, 2016, by the U.S. Army Corps of Engineers (USACE) after consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). The RGP was authorized under Section 404 of the Clean Water Act (33 U.S.C. Section 1344) through November 15, 2021. The RGP was renewed on May 31, 2023 with the RCDMC as the permittee. The RGP is undergoing a renewal process.

The Regional Water Quality Control Board’s (RWQCB) Clean Water Act Section 401 Water Quality Certification for Discharge of Dredged and/or Fill Materials, Certification No. 32716WQ02, was approved on August 31, 2016, and expired on November 30, 2025. The 401 Water Quality Certification for Discharge of Dredge and/ or Fill Materials, Certification No. 32716WQ02, was renewed on May 19, 2026, and is set to expire on November 30, 2035. The renewed Certification revises the long-term monitoring requirements and the compensatory mitigation requirements.

The California Department of Fish & Wildlife authorized the SMP under a Routine Maintenance Agreement 1600-2016-0016-R4, approved October 14, 2016, and amended on June 16, 2017, held by the Resource Conservation District of Monterey County (RCDMC). The Routine Maintenance Agreement 1600-2016-0016- R4 was restated to incorporate 5 previous amendments, and on June 18, 2025, the sixth amendment was incorporated, restating the Routine Maintenance Agreement in its entirety, which is set to expire on December 31, 2026.

Annual Authorizations
Special Condition No. 1 of the RGP requires that a detailed annual work plan be prepared for all proposed maintenance activities occurring below the Ordinary High-Water Mark or that impact mapped wetlands. The plan must be submitted to the Corps at least 60 days prior to the start of the construction season for review and approval.

Special Condition E3 of the RWQCB’s Water Quality Certification has a similar requirement that includes the review and approval of two work plans: an early and a regular season plan. The 4 early work includes herbicide treatment of non-native vegetation to be conducted as early as June 1 st, within Maintenance Areas and mitigation areas. The regular work plan is for all other activities for work starting as early as August 15th and is due by July 15th.

This Annual Work Plan has been developed in order to satisfy these requirements. Under this program, landowners or their tenants/agents serve as Responsible Parties to conduct the work in defined work areas on their respective lands along the river corridor. As Permittee, the Resource Conservation District of Monterey County (RCDMC) enters into an SMP Agreement with each responsible Party, binding them to the requirements of the permits. The RCDMC works closely with each Responsible Party to develop their work plans for each Maintenance Project proposed for that season. The RCDMC uses this information to prepare this Work Plan, including all eligible activities.

Work Plan Summary
All proposed project activities were described in the permit application package and are consistent with all of the authorizations. The proposed work includes the removal of native vegetation and sediment for the construction of secondary channels within pre-defined MAs and the eradication of non-native vegetation through mowing, discing, and herbicide application.

These activities are in addition to the herbicide treatment activities proposed in the early work plan previously submitted and are summarized below:
• New MAs: 2 new MAs are proposed for the work season; 21 MAs areas will be retreatment.
• New Access Routes: No new access routes will be needed for the 2026 fall work. • Retreatment of MAs: 98.1 acres in 23 MAs will be retreated. • Initial treatment of MAs: 1.9 acres in 2 new MAs and 0.5 acres in 1 selective treatment area will be initially treated.
• Grading: Grading will occur on 3 MAs.
• Sediment Removal: A maximum of 22,000 cy of sediment will be removed from the Salinas River area, and 2,000 cy will be removed from San Lorenzo Creek. • Sediment Stockpiles: No Sediment Stockpiles
• Low-Flow Channel Crossings: There are no low-flow channel crossings proposed. • Tree Planting: There is 1 tree planting project proposed. All tree mitigations will be monitored.
• Arundo Treatment: 11.1 acres of initial Arundo treatment will occur using a combination of herbicide treatment and mowing. 24.60 acres of the fall Arundo retreatment areas will be treated with herbicide and mowing.
• Impacts to Historic and Cultural Resources: There are no impacts foreseen for this season.
• Wetland Impacts: Based on aerial mapping and field surveys, there will be no impacts to low-stature herbaceous wetlands in or near work areas.
• Adaptive Management: There are no new MAs proposed for adaptive management. 5 II. Current River Conditions and Fall/Winter Precipitation Forecast
The Monterey County Water Resources Agency (MCWRA) manages two reservoirs in the Salinas River basin that join the Salinas River upstream of the Program Area. The reservoir releases have an impact on river conditions during the maintenance season. MCWRA has issued its reservoir release schedule for the 2026 calendar year. Combined releases from Nacimiento and San Antonio Reservoirs during the maintenance season are estimated at 467 cfs for September, 212 cfs for October, and 70 cfs for November.

Currently the Salinas River Lagoon is open to the Pacific Ocean, and it is anticipated that the lowflow channel will contain small pockets of water through the upcoming maintenance season. The reservoir release schedule is shown in Appendix B.

As of July, the National Weather Service’s Climate Prediction Center published the seasonal outlook. The (El Niño-Southern Oscillation) ENSO Alert System Status is as follows: El Niño continues and will strengthen through the end of the year, with a 97% chance it will persist through 2027. La Niña conditions have concluded and will not have much influence by the end of the year. In summary, El Niño will have a high presence, and La Niña will have a low presence.

These conditions can change in pattern, and El Niño predictions indicate unseasonably heavy rainfall and extreme temperatures as the season progresses from September to November.

III. Activities
All proposed activities have been developed under RCDMC supervision and are consistent with the Program Guidelines and permit authorizations. The list is the maximum amount of work proposed, and due to other factors, some work may not be implemented. Photographs of representative sites can be found in Appendix C. Maps detailing all proposed activities are provided in Appendix D.

New MAs
There are 2 new maintenance projects that will have initial vegetation impacts for the fall work season. Initial vegetation impacts are anticipated to total 1.9 acres. The initial vegetation impacts were calculated based on field survey explorations and spatial data analysis.

Table 1: Proposed Initial Treatment of MAs
Initial Vegetation Removal
Maintenance Area
Sparse
Herbaceous/
Bare Acres
Early
Successional
Perennial
Riparian Acres
MidSuccessional
Willow Acres
Herbaceous
Wetland
Acres
Total
Acres

5.06 0.6 0.4 - -

5.095 0.9 - - -

1.5 0.4 - - 1.9
6 Retreatment of MAs
There are 22 MAs proposed for retreatment this year, covering 98.1 acres, as shown in Table 2.

Those impacts by vegetation type were previously recorded in Annual Reports and are therefore not restated. All MAs have existing access; no new access is needed.

Table 2: Proposed Retreatment of MAs
Vegetation Retreatment
Maintenance
Area
Sparse
Herbaceous/
Bare Acres
Early
Successional
Perennial
Riparian Acres
MidSuccessional
Willow Acres
Herbaceous
Wetland
Acres*
Total
Acres

3.15 5.2 0.8 - - 6

3.16a 5.7 - - - 5.70

3.16b 9.6 1 - - 10.60

3.17 4.1 - - - 4.10

3.18 5.0 - - - 5.00

4.22 8.0 - - - 8.00

4.23, 4.25, 4.26* 9.0 0.9 - - 9.90

5.02 1.8 - - - 1.80

5.03 4.6 - - - 4.60

5.08 0.9 0.2 - - 1.10

5.09 0.1 0 - - 0.10

6.06 4.5 - - - 4.50

6.07 7.5 - - - 7.50

6.08 5.7 - - - 5.70

6.09 9.4 - - - 9.40

6.10 3 0.7 - - 3.70

6.11 8.9 - - - 8.90

6.12a 1.5 0.5 - - 1.50

94.5 4.1 0 - 98.6
* 4.23, 4.25, and 4.26 are considered separate MAs but submitted as a single work plan MA for reporting.

Grading
There is a proposed grading without sediment removal in 4 MAs as shown in Table 3. A maximum of 24,300 cy of sediment will be displaced during grading activities in 14.6 acres.

Sediment Removal
An annual allowance of up to 554,420 cy of sediment removal is permitted with a cumulative extraction in any two consecutive years of no more than 785,000 cy on the mainstem of the 7 Salinas River. Additionally, no more than 450,000 cy or 100,000 cy of sediment can be removed from any given 1-mile length of river in the upper reach or lower reach of the Salinas River, respectively.

A maximum of 24,000 cy of sediment will be removed from MAs (including San Lorenzo Creek) as shown in Table 3. The material will be immediately removed outside of the waters of the state and above the Ordinary High-Water Mark (OHWM) by the end of the work season. The cumulative consecutive year totals and the 1 river mile totals are below the thresholds described above. Therefore, the proposal complies with the limits established.

Table 3: Proposed Sediment Management Work
MA Sediment Removal
(cubic yards)
Sediment Grading
without Removal
(cubic yards)
Grading without
Sediment Removal
(acres)

3.15 - 4,000 0.6

3.16b - 15,000 10

4.25,4.26 - 300 1

5.02 5,000 - -

5.03 5,000 - -

5.06 2,000 - -

5.08 5,000 - -

5.09 5,000 - -

6.10 - 5,000 4.7
Tributaries
San Lorenzo Creek
(1.38) 2,000 - -
Total 24,000 24,300 15.60
Arundo Treatment as Mitigation
Based on previous vegetation impacts from 2016-2025 Work Seasons, plus the Demonstration Projects which were conducted under Operational Law authorization from CDFW, a total of

80.28 acres of Arundo are required to be treated. The 2025 Annual Report provided data on the progress that 139.71 acres of Arundo have been treated, and 83 acres of Arundo have satisfied the mitigation requirements. Therefore, no new arundo mitigation is required in 2026 to meet programmatic mitigation targets.

This work plan includes a total of 35.7 acres of arundo treatment, which includes 11.1 acres of initial treatment and 24.60 acres of retreatment (Appendix D). Arundo will be treated with a combination of herbicide application and/or mowing. Arundo treatment using herbicide will only be utilized if the vegetation is in a state where that would be effective; if not, additional mechanical reduction of the cane will occur. Progress toward success criteria for arundo treatment projects will be assessed, and results will be included in the 2026 Annual Report. 8 Tree Plantings
As of 2026, all tree-planting projects proposed as mitigation for MA are in the monitoring process. During the fall work season of 2026, monitoring of the 1.11 b tree planting will occur.

As part of the 2026 fall season, one tree planting project will occur. A total of 20 trees need to be planted to mitigate the work that occurred in the 2025 fall season on secondary channel 3.15 and failure of previous planting project near secondary channel 4.22. All work will be reported as part of the 2026 Annual Report.

IV. Impacts and Mitigation Requirements
Avoidance and Minimization
Native vegetation maintenance and sediment management will take place in the defined MAs.

The MAs follow natural topographic contours and are located well outside the low-flow channel to avoid impacts to steelhead and sensitive habitat. Non-native vegetation removal will take place throughout the program area but will be concentrated near MAs in order to reduce associated impacts.

The MAs become activated in 2-year to 5-year flow events and thus convey waters to the broader floodplain in such events. Many MAs meet, or tie-in, with the low flow channel at upstream and downstream locations as would be expected in a natural braided river channel. In wider sections of the river, MAs connect to each other. By concentrating maintenance in the secondary channel features, maintenance near the low flow channel and in other parts of the lower floodplain can be mostly avoided.

Pre-maintenance surveys will be completed no more than 60 days in advance of the commencement of maintenance work. Pre-maintenance surveys will: 1) set clear, enforceable boundaries for where work will occur 2) ensure sensitive resources are avoided, where possible, and 3) quantify unavoidable resource impacts in order to identify mitigation needs.

To avoid impacts to listed and sensitive species and communities, most maintenance activities will occur between September 1 and November 15, outside bird nesting season, amphibian breeding season, vegetation growing season, and steelhead adult and smolt migration periods.

Equipment and Personnel Best Management Practices:
• No washing of vehicles at the job site.
• No fueling of equipment/vehicles in the immediate floodplain or near a stream channel • No equipment servicing will be done in a stream channel or immediate floodplain. • Proper training for handling of hazardous materials including training and notification for any emergencies or spills to Chemical Emergencies/Spills Hotline at 1-800-852-7550 • Prevention of accidental release of chemicals, fuels, lubricants, and non-storm drainage water through training for spill prevention, hazardous material control, and cleanup of spills
• No fueling, repair, cleaning, maintenance, or vehicle washing will be performed in the channel or in areas at the top of a channel bank that may flow into a creek channel. • All personnel working with herbicides applications need to follow label requirements and follow permits guidelines.
9 • All personnel and operators will be trained and watched program videos before any activities in the MA’s areas can occur.
• Prior to the start of a workday a meeting with the biologists, surveyors and operators in the adjacent area of the MA’s will take place to review the work plan.

Sediment Removal Best Management Practices:
• Sediment removal will be limited to permit requirements and authorized work. • Sediment removal areas in the MAs will be graded downstream to not strand fish. • Sediment removal will not result in vertical transitions or elevation blockages between removal areas and upstream and downstream channel areas. • Sediment will be removed to a farm field or outside of active floodplain. • Sediment will not be stockpiled in the active channel.

Special Approaches and Conditions
This fall season will be in the midst of extreme climate conditions, with the emergence of El Niño rapidly intensifying into one of the most severe climate events. These changes in weather patterns will be present during the 2026 fall season. Unpredictable precipitation can limit access to the MA’s areas and hinder implementation of work. All special approaches and conditions implemented in the event that maintenance activities are not completed as proposed will be reported in the Annual Report.

Impacts to Historic and Cultural Resources
There are no impacts to historic or cultural resources foreseen this year. Any finding will be reported to the Central Coast Regional Water Quality Control Board and the United States Army Corps of Engineers.

Anticipated Impacts to Wetlands
Temporary impacts to herbaceous wetlands may occur during the implementation of the Program and passive restoration would likely occur. The impacted herbaceous wetlands would be monitored each year until the area had naturally restored itself. Permanent impacts to herbaceous wetland may occur accidentally during implementation. These areas would be mitigated on an acre for acre basis through active restoration as the first option. If restoration was not possible then an in-lieu fee would be required to a wetland restoration bank near the Project Area.

Appropriate fees and available mitigation banks would be facilitated by the Technical & Design Committee members and the impacts and restoration plan would be included in the Annual Report.

According to the aerial mapping there are no anticipated impacts to wetlands this year. Wetland features that may be encountered will be identified during the pre-maintenance surveys and flagged for avoidance. Digital mapping of adjacent wetland areas will be recorded both before and after maintenance so that any accidental impacts can be recorded.

Anticipated Impacts to Select Vegetation Classes
Early-Successional to Mid-Successional Forest/Cottonwood habitats could be present in the MAs.

If these habitat types are encountered during pre-maintenance surveys, then individual tree counts will be required in these areas. The following Annual Report will quantify how many of these trees as well as willows 6” or greater diameter at breast height (dbh) were removed during 10 maintenance activities. The related mitigation ratio will then be applied to determine the required tree replacement.

Tables 1 and 2 estimate the vegetation impacts by vegetation type and provide totals for the proposed initial treatment of MAs and access routes. All actual vegetation impacts will be documented in the pre-maintenance surveys and reported in the next Annual Report.

Program Mitigation Requirements
The initial impacts to specific native vegetation types require mitigation. Subsequent maintenance activities at the same location do not require additional mitigation. The impacts are documented annually and cumulatively reported. Impacts that occurred during the previous maintenance season(s) will be mitigated for the following season based on the mitigation requirements described in Table 4 below.

Table 4: Mitigation Requirements
Arundo-dominated Removal None
Sparse Herbaceous with or
without Arundo
None
Early Successional Perennial
Riparian
1:1 Arundo Removal within
secondary channel OR
1:1 Arundo removal outside
secondary channel
Mid-Successional Willow (less
than 6”)
3:1 Arundo Removal outside
secondary channel
Early and Mid-Successional
Forest/ Cottonwood (2” or
greater of cottonwood,
sycamore and alder)
3:1 Planting of cottonwood,
sycamore or alder (based on
individual trees)
Large Stature Willows (6” or
greater)
2:1 Planting of cottonwood,
sycamore, box elder or alder
(based on individual trees)
Low Stature Herbaceous
Wetland
Passive restoration for
temporary impacts
1:1 active restoration for
permanent impacts
OR
in-lieu fee to a wetland
restoration bank if restoration of
disturbed wetland not possible
11 Mitigation Status
The 2025 Annual Report summarized the status of all required mitigation to date, and the information is presented below. Table 5 shows that there is a 46.45 surplus of mitigation in the form of arundo treatment. Table 6 shows that additional trees need to be planted to meet the 85% success criteria. Mitigation sites are monitored annually. All tree planting mitigation areas are being monitored to complete the tree mitigation criteria. The success of the invasive plant removal will be reported by area as they reach the targeted percent cover or after five years from initial removal, whichever occurs sooner.

Table 5: Status of Arundo Mitigation Requirements
*Arundo treatment acres inside MAs are only accounted for by half of the following permit specifications Table 6: Status of Ongoing Tree Planting Mitigation Requirements *Tree planting had failed during 4 years of implementation. RCDMC will plant remedial 18 trees as part of the one tree planting project during the fall season to satisfy tree mitigation requirements.

RMU
Total
Arundo
treated
inside MAs
(acres)*
Total Arundo
Treatment
Required
Outside MAs
(acres)
Total
Arundo
treated
outside MAs
(acres)
Additional
Arundo
Removal
Required
(acres)
1-7 16.91 80.28 127.56 0
RMU
Number of
non-willow
trees ≥ 2”
dbh
removed
Number of
willows ≥ 6”
dbh removed
Total Number of
Trees Required
to Plant
Number of
Surviving Planted
Trees, species
Additional
Tree
Plantings
Required
3 (near

3.15) 4 0 12 - -
4 (near 4.22) 6 18 18* 0 18
1 (near

1.11b)
160 3 486
486,
cottonwoods and
willows
0 12
V. Appendices
Appendix A: RMU Map
13 Appendix B: Reservoir Release Schedule 2026
14 Appendix C: Pictures of Representative Sites
Figure 1: RMU 3, MA 3.15 looking downstream
15 Figure 2: RMU 4, MA 4.22 Looking Upstream near Gonzales bridge 16 Figure 3: RMU 6, Arundo near MA 6.11
17 Appendix D: Maps of Maintenance Activities
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 �cl�
212 S. Vanderhurst Avenue
King City, CA 93930
Ph.(831) 385-3281 Fax (831) 385-6887

CA LI FO RN I A
PROJECT:

Date:

Bidder's Name

OFFICIAL

BID OPENING RESULTS
2026 Sediment Removal Project
09/09/26 11 : 00 AM
City Council Chamber
Amount of Bid

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Bid Opening by: �J,;::f, �
Witness:

Exhibit 2

Project Name/No.: 26-0813 Contract No.: ______________
Project Manager: Jeff van den Eikhof Approved: ______________ 4923-9730-0175 v1 1

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF KING AND MONTEREY PENINSULA ENGINEERING _____________________
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 22nd day of September 2026, by and between the CITY OF KING, a municipal corporation, (“City”) and Monterey Peninsula Engineering (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of King Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled 2026 King City Sediment Removal Project (“Project”).

All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents Exhibit 3
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4923-9730-0175 v1
included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall located at 212 S. Vanderhurst Ave., King City, CA 93930 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. -3-
4923-9730-0175 v1
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
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1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming -6-
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materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. -7-
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(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 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 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this -8-
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reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of Seventy Three Thousand, Six Hundred and Thirty Five Dollars ($73,635.00) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Substitution of Securities.
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(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within ten (10) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within thirty (30) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by 5the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such -10-
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gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Peter J. Taormina ________ Manager
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be mreplaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Anthony Storelli, Public Works Superintendent or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to -11-
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assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in -12-
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an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
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5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other -14-
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requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance -15-
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under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
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5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than ___% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given -17-
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to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, -18-
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response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Monterey, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook).

7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work -19-
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and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have -20-
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against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to -21-
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the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. -22-
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(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
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8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
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9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of King 212 S.

Vanderhurst Ave., King City, CA 93930 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating -25-
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to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 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. -26-
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
///
CITY:

CITY OF KING, a California Municipal
Corporation.
___________________________________
Mike LeBarre, Mayor
CONTRACTOR:

Monterey Peninsula Engineering
*By: ________________________________
Name: Peter J. Taormina _
Title: Manager
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. 4923-9730-0175 v1

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. 4923-9730-0175 v1

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. 4923-9730-0175 v1

EXHIBIT A
CONTRACTOR’S BID

RECEIVED
SEP O 9 2026 CITY

OF KING
PROPOSAL 10: 58a.m.

To: City of King
Address: 212 S. Vanderhurst, King City, CA 93930
Project Title: 2025 Kina City Sediment Removal Project
Bidder's person to contact for additional information on this Proposal:

Name: Peter J. Taormina, Manager
Telephone: (831) 384-4081

BIDDER'S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Proposal is made without any connection or collusion with any person submitting another Proposal on this Contract.

The Bidder further agrees that he has exercised his own judgment regarding the interpretation of subsurface information and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his conclusions.

The Bidder understands and agrees that if a Contract is awarded, the Owner may elect to award all schedules under one Contract, separately, or in any combination that best serves the interests of the Owner.

The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal.

CONTRACT EXECUTION AND BONDS
The Bidder agrees that if this Proposal is accepted, he will, within 10 days, not including Sundays and legal holidays, after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his bid, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. 4923-9730-0175 v1

CERTIFICATES OF INSURANCE
The Bidder further agrees to furnish the Owner, before commencing the work under this Contract, the certificates of insurance as specified in these Documents.
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EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

Item No. 9(E)

STAFF REPORT
DATE: SEPTEMBER 22, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF VAN DEN EIKHOF, CONSULTANT CITY ENGINEER
THROUGH: JOSE ARREOLA, CITY MANAGER
RE: CONSIDERATION OF A PROFESSIONAL SERVICES

AGREMENT WITH THE WALLACE GROUP FOR PREPARATION

OF A WASTEWATER TREATMENT PLANT CLIMATE CHANGE

ACTION PLAN
RECOMMENDATION:

It is recommended City Council approve: 1.) a Consultant Services Agreement with the Wallace Group for preparation of a Wastewater Treatment Plant Climate Change Action Plan; 2.) Authorize the City Manager to approve contract change orders up to 15 percent of the agreement.

BACKGROUND:

The California Regional Water Quality Control Board (RWQCB) mandates that local municipal wastewater treatment facilities assess and mitigate risks associated with climate change. This project will deliver a comprehensive Climate Change Action Plan (CCAP) to ensure the City’s Wastewater Treatment Plant (WWTP) complies with regional waste discharge requirements, protects critical infrastructure from extreme weather events, and maintains uninterrupted utility operations. Following a Request for Proposals (RFP) process, staff recommends awarding the contract to the Wallace Group based on their technical expertise and cost-effective approach.

The City operates a WWTP under Waste Discharge Requirements (WDRs) permitted by the RWQCB. In recent permit cycles, the RWQCB has integrated mandatory climate change adaptation provisions. These provisions require dischargers to identify critical infrastructure vulnerable to climate change impacts—such as localized flooding, extreme precipitation events, sea-level rise,

CITY COUNCIL

CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT TO THE

WALLACE GROUP TO PREPARE A WASTEWATER TREATMENT PLANT

CLIMATE CHANGE ACTION PLAN
SEPTEMBER 22, 2026
PAGE 2 OF 3
and wildfires—and to establish an actionable strategy to mitigate those vulnerabilities.

Failure to submit an approved CCAP within the state-mandated timeline may subject the City of King to administrative civil liabilities and conditional permit violations.

DISCUSSION:

The City requested three separate and specialized consultants firms for Requests for Proposals (RFP) to develop a CCAP in compliance with RWQCB mandates.

The proposed scope of work requires the selected firm to perform:
• Climate Vulnerability Assessment: Modeling local sea-level rise, groundwater changes, and extreme weather risks through 2100. • Risk Evaluation: Identifying critical assets at the WWTP (e.g., pumps, electrical switchgear, treatment basins) at risk of failure or reduced efficiency.
• Adaptation and Mitigation Strategies: Developing phased engineering and operational solutions to protect infrastructure and optimize energy/carbon footprints.
• Final CCAP Documentation: Producing a certified report ready for submission and approval by the RWQCB.

The City received the following three proposals, which were reviewed and evaluated by the Contracted City Engineer based on qualifications, project approach, experience with RWQCB regulations, and cost.
• Ardurra Group Inc.
• Carollo Engineering, Inc.
• Wallace Group
The City Engineer is recommending that the Wallace Group be awarded a Professional Services Agreement for the Wastewater Treatment Plant Climate Change Action Plan in the total amount of $37,326.00
COST ANALYSIS:

Award of this agreement will result in the expenditure of $37,326.00 plus up to 15% of the amount from the sewer fund in Fiscal Year 2026/27.

ENVIRONMENTAL REVIEW:

The proposed technical report is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it will not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable

CITY COUNCIL

CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT TO THE

WALLACE GROUP TO PREPARE A WASTEWATER TREATMENT PLANT

CLIMATE CHANGE ACTION PLAN
SEPTEMBER 22, 2026
PAGE 3 OF 3
indirect physical change in the environment. No further action is required under CEQA for City Council action.

ALTERNATIVES:

The following alternatives are provided for Council consideration:

1. Approve the staff recommendation to 1.) a Consultant Services Agreement with the Wallace Group for preparation of a Wastewater Treatment Plant Climate Change Action Plan; 2.) Authorize the City Manager to approve contract change orders up to 15 percent of the agreement.

2. Do not approve the staff recommendation to 1.) a Consultant Services Agreement with the Wallace Group for preparation of a Wastewater Treatment Plant Climate Change Action Plan; 2.) Authorize the City Manager to approve contract change orders up to 15 percent of the agreement.

3. Provide other direction to staff.

Exhibits:

1. Professional Service Agreement- Wallace Group
2 01222.0001/923571.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF KING AND

WALLACE GROUP
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 22nd day of September, 2026, by and between the CITY OF KING, a municipal corporation (“City”) and WALLACE GROUP (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

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

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference, but not exceeding the maximum contract amount of _Thirty Seven Thousand, Three Hundred Twenty Six Dollars_ ($37,326) (“Contract Sum”).

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “B”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine Exhibit 1
3 01222.0001/923571.1
whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
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3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 month from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “C”). [The City may, in its sole discretion, extend the Term for 1 year additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. _Bill Callahan, Senior Environmental Compliance Specialist, is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Bill Callahan, Senior Environmental Specialist, [or such person as may be designated by the TITLE OF PERSON] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City. 5 01222.0001/923571.1

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. 6 01222.0001/923571.1
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers 7 01222.0001/923571.1
shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.2 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or 8 01222.0001/923571.1
condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this 9 01222.0001/923571.1
Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically 10 01222.0001/923571.1
approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “B”.

In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King, 212 S. Vanderhurst Ave., King City, California 93930, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11 01222.0001/923571.1

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. 12 01222.0001/923571.1
Consultant’s Authorized Initials:

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
13 01222.0001/923571.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF KING, a municipal corporation
__________________________________
Jose Arreola, City Manager
ATTEST:

Erica Sonne, City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
Roy C. Santos, City Attorney
CONSULTANT:

WALLACE GROUP
Name: Thomas Zender
Title: Principal
Address: 612 Clarion Court,
San Luis Obispo CA 93401
Name: Kari E. Wagner
Title: Principal / COO
Address: 612 Clarion Court,
San Luis Obispo CA 93401
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

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ATTORNEY-IN-FACT

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MONTEREY
On __________, 2026 before me, ________________, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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.

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
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NUMBER OF PAGES
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DATE OF DOCUMENT
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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.

EXHIBIT “A”

SCOPE OF SERVICES
Task 1: Project Management & Meetings
This task includes coordination of project activities, including scheduling and budget controls, Client coordination, quality control, and other related project management activities. This task estimates two (2) 1.5-hour meetings as requested by the City.

Task 2: WWTP Climate Change Adaptation Plan
Wallace Group will develop a Climate Change Adaptation Plan (CCAP). In accordance with General Order Provision VIII, 2, we will prepare a Climate Change Adaptation Plan (CCAP) specific to the City of King’s wastewater system. As required by the Monitoring and Reporting Program (MRP R3- 2023-0067), the CCAP will discuss (1) hazards and vulnerabilities, (2) resiliency actions to be implemented by the City to mitigate the identified hazards, and (3) adaptation strategy to implement resiliency actions. These elements of the CCAP are described in additional detail below.

Climate Change Adaptation Plan

1. Hazards and Vulnerabilities — Identify climate change hazards, at a minimum accounting for the hazards listed below, applicable to the Wastewater System. Using up-to-date tools, data, and guidance from the State of California (e.g., Cal-Adapt 8, Sea-Level Rise Guidance from Ocean Protection Council, reports from the Climate-Safe Infrastructure Working Group, the Climate Adaptation Planning Guide, and California Climate Assessment Regional Reports), assess the Wastewater System’s vulnerability to identified hazards that could cause reduction, loss, or failure of treatment processes and/or critical structures at the Wastewater System. Identify and justify the resources (e.g., models and tools, design parameters) used to inform identification of these hazards and vulnerabilities (note sea-level rise is not applicable to the City of King’s wastewater system):
a. Precipitation Pattern Changes.
i. Drought — Decreased influent quantity and quality.
ii. Peak Events — Flooding and increased influent quantity. b. Temperature fluctuations and extremes.
c. Increased wildfires.
d. Increased power outages.

A vulnerability assessment will be conducted for the wastewater system considering the hazards associated with climate change. The vulnerability assessment will focus on the wastewater treatment facility (WWTF) but will extend to areas in the collection and disposal systems with the potential to impact overall operation of the wastewater system. The vulnerability assessment will involve review of the City’s GIS database of wastewater assets in addition to a field review of assets vulnerable to identified hazards. Vulnerability will be assessed based on the severity of the hazards, condition of the specific assets, and consequence of failure.

2. Resiliency Actions — Identify actions to build Wastewater System and operational resilience to identified vulnerabilities, accounting for options that minimize resource impacts. Resiliency actions will be developed to mitigate the hazards identified in the evaluation and reduce vulnerabilities within the wastewater system. The resiliency actions developed will focus on the most significant vulnerabilities identified to ensure recommended options are those that are most cost effective and achieve long-term resilience.

3. Adaptation Strategy — For Wastewater Systems with design flows over 1,000,000 gallons per day, develop and implement a strategy to complete resiliency actions, at a minimum encompassing the following:
a. Prioritization — Prioritized resiliency actions based on risks to water quality but also accounting for costs and benefits.
b. Schedule and Milestones — Timeframes to complete prioritized resiliency actions and/or climate change hazard triggers to inform when City of Hollister must implement actions. Milestones to complete critical steps for prioritized resiliency actions, designed to demonstrate measurable progress at a steady, or accelerated, completion pace over the established timeframes. c. Financial Planning — Projected costs necessary to implement and sustain resiliency actions and strategy to procure funds.

As part of the adaptation strategy, the CCAP will outline a monitoring program the City can implement to assess hazards over time facilitating the prioritization of resiliency actions. Thresholds for implementation of specific resiliency actions will be established to develop a schedule and milestones for implementation.

We prepared the scope for the CCAP with the understanding that it will satisfy the requirements of the General Order/MRP. Any additional analysis required by the Regional Water Quality Control Board after their review of the final CCAP can be completed upon authorization by the City as an additional scope of work.

We will review the City’s existing data, reports, as-built (record drawing), GIS and hydraulic models, and other information provided as it relates to the City’s wastewater system and pertinent to the development of the CCAP. Through this review, WG will identify any data gaps so that a request for information can be compiled and submitted to the City.

In addition, we assume one site visit following the existing data review to fill in any data gaps and provide additional site-specific information needed to assess asset vulnerabilities.

We assume a three-week review period by the City and a consolidated set of comments on the Draft CCAP.

In addition, we assume that the draft document is not submitted to the RWQCB. A final document will be submitted to the City three weeks after comments are received.

Task 3: Recycled Water Feasibility Plan
Wallace Group will include 8 hours of time to review the City’s current Recycled Water Program and Studies to provide the City with feedback on a future recycled water feasibility plan. 01222.0001/923571.1 A-1
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EXHIBIT “B”

SCHEDULE OF COMPENSATION

PROJECT FEES
Wallace Group will perform the services denoted in Task #1 - #3 in the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit A). These services will be invoiced monthly on an accrued cost basis, and our total fees, including reimbursables will not exceed our estimated fee of $37,326 without receiving written authorization from the Client.

Fees are identified for each Task in the following table:

Task Fee Estimate
Task 1: Project Management & Meetings $2,660
Task 2: WWTP Climate Change Adaptation Plan $32,788
Task 3: Recycled Water Feasibility Plan Research $1,760 Reimbursables $118
Total Estimate $37,326
At your request, additional services to the Scope of Services will be performed by Wallace Group following the signature of our Contract Amendment or the initiation of a new contract.

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EXHIBIT “C”

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

We will work diligently with the City to finish all Scope Items listed above in a timely manner according to City and Wallace Group schedules.

Draft CCAP due by January 15, 2027
Final CCAP due by February 15, 2027
Task Period Covered Cost Estimate Task