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HomeMy WebLinkAboutFinal Packet 09282026     A G E N D A MEETING OF THE CITY COUNCIL Monday, September 28, 2026 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California LISA LANDAU MAYOR Third District BEN WONG MAYOR PRO TEM Second District   JOE KALMICK COUNCIL MEMBER First District                                                           PATTY SENECAL COUNCIL MEMBER Fourth District     NATHAN STEELE COUNCIL MEMBER Fifth District     This  Agenda  contains  a  brief  general  description  of  each  item  to  be  considered. No  action  or discussion  shall  be  taken  on  any  item  not  appearing  on  the  agenda, except  as  otherwise provided  by  law. Supporting  documents, including  agenda staff  reports, and any  public writings distributed by the  City to at least  a  majority  of  the Council  Members regarding  any item on this agenda are available on the City’s website at www.sealbeachca.gov. The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Microsoft Teams at the  following  link  https://teams.microsoft.com/meet/296958473476160? p=KXZXp8fqj7Ep3tCZWp. City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012). In  compliance  with  the  Americans  with  Disabilities  Act  of  1990, if  you  require  disability  related modifications or  accommodations, including auxiliary  aids or  services to attend or  participate  in the  City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS •San Gabriel River Trash Mitigation Update/ Recognition of Assembly Member Dixon •Citizen-Council Olympic Advisory Ad Hoc Committee Update •Fire Prevention Week Presentation ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items  within the  subject  matter  jurisdiction  of  the  City  Council. Pursuant  to  the  Brown  Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on  the  agenda  may, at  the  Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those  members  of  the  public  wishing  to  speak  are  asked  to  come  forward  to  the microphone and state their name  for the record. All speakers will be limited to  a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for  review  should  be  presented  to  the  City  Clerk  for  distribution. Speaker  cards  will  be available  at  the  Clerk’s  desk  for  those  wishing  to  sign  up  to  address  the  Council, although  the  submission  of  a  speaker  card  is  not  required  in  order  to  address  the Council. Emailed Comment from JO8N Public Comment from Scott Newton APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By  motion  of the  City  Council  this  is  the time  to notify  the public of  any  changes  to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.   A.Approval of the City Council Minutes – That  the  City  Council  approve  the minutes  of  the  Closed  Session  and  Regular  City  Council  Meetings  held  on September 14, 2026.   B.Demand on City Treasury (Fiscal Year 2027) – Ratification.   C.Monthly Investment Report (August 31, 2026) – Receive and file.   D.Awarding and Authorizing Execution of a Public Works Agreement with MDJ Management, LLC for the North Seal Beach Community Center Phase 2, CIP BG2505 – That  the  City  Council  adopt  Resolution  7820: 1. Approving  the scope  of  work for  North Seal  Beach  Community  Center  Phase 2, CIP  BG2505  (Project); and, 2. Approving  and  awarding  a  Public  Works Agreement  to  MDJ  Management, LLC  in  the  not-to-exceed  amount  of $368,667.53 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ); and, 3. Authorizing the City  Manager  to  execute  a  Public  Works  Agreement  with  MDJ  Management, LLC  for  the  Project; and, 4. Authorizing  the  City  Manager, or  designee, to approve  up  to  $98,753.47  as  allowance  for  contingency  and  inspection services for the renovation project and to fulfill the matching fund.   E.Approving and Awarding a Professional Services Agreement with BKF Engineers for Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 – That  the  City  Council  adopt  Resolution  7821: 1. Approving  and  awarding  a Professional  Services  Agreement  to  BKF  Engineers  for  Professional  Design and  Construction  Support  Services  for  the  5th  Street  at  Electric  Avenue Stormwater  Treatment  Project, CIP  SD2602  (Project) for  a  not-to-exceed amount  of  $74,922, and  rejecting  all  other  proposals; and, 2. Authorizing  the City Manager, or his designee, to execute the Agreement with BKF Engineers on behalf of the City; and, 3. Authorizing the City Manager, or his designee, to approve  additional  work  requests  for  professional  design  and  construction support services up to $15,000 (approximately 20%).   F.Approving and Awarding Agreement for Professional Services Agreement to Local Agency Engineering Associates, Inc. for Interagency Support Services – That  the  City  Council  adopt  Resolution  7822: 1. Approving  and  awarding  a  Professional Services  Agreement  to  Local Agency Engineering  Associates, Inc. (LAE  Associates, Inc.)  for  Interagency  Support Services pursuant to the exemption from competitive bidding requirements set forth  in  Seal  Beach  Municipal  Code  (SBMC) Section  3.20.025(C) for professional  services, for  a  one-year  term  in  the  not-to-exceed  amount  of $30,000  pursuant  to  the  Proposal  submitted  by  LAE  Associates, Inc. dated August  6, 2026; and, 2. Authorizing  the  City  Manager, or  his  designee, to extend  the  original  term  by  up  to  three  one-year  extensions  for  the  not-to- exceed  amount  of  $30,000  for  each  extension; and, 3. Authorizing  the  City Manager, or  his  designee, to  execute  the  Agreement  with  LAE  Associates, Inc. on behalf of the City and any  amendments or extensions thereafter; and, 4. Authorizing  the  City  Manager, or  his  designee, to  approve  additional  work requests for  interagency support services  up  to $10,000 up  to  the  cumulative not-to-exceed amount of  $40,000 for original term  and  each  of the three  one- year extensions thereafter.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING – None UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS G.Ratification of Proclamation of Local Emergency for Developing 2026- 2027 El Niño Event - That  the  City  Council  adopt  Resolution  7823: 1. Ratifying  the  Proclamation  of  Existence  of  a  Local  Emergency  issued  by  the City  Manager/Director  of  Emergency  Services  on  September  22, 2026, relating  to  the  developing  2026-2027  El  Niño  event; and, 2. Confirming  that the  local  emergency  applies  throughout  the  City  of  Seal  Beach; and, 3. Authorizing  the  City  Manager/Director  of  Emergency  Services  to  take  actions reasonably  necessary  to  prepare  for, respond  to, and  recover  from  the emergency, including  resource  staging, interagency  coordination, mutual  aid, and  emergency  procurement  and  contracting  as  authorized  by  law; and, 4. Directing  staff  to  document  emergency-related  costs  and  damages, pursue available  reimbursement  or  assistance  as  appropriate, and  return  to  the  City Council  at  least  every  60  days  for  review  of  the  need  to  continue  the  local emergency.   ADJOURNMENT Adjourn the City Council to Monday, October 12, 2026 at 5:30 p.m. to meet in closed session, if deemed necessary. CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                           @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS   Olympic Advisory Ad-Hoc Committee Quarterly Update September 28, 2026 Los Angeles Olympics 2028 •Olympic Games: July 14-30, 2028 •Paralympic Games: August 15-27, 2028 •15,680 total athletes between Olympics and Paralympics •Anticipated 10 – 15 million ticketed fans •49 total sites across Southern California •Long Beach will host 18 events in 7 different sites - the second most events outside of LA •Orange County will host volleyball at the Honda Center in Anaheim and surfing at Trestles Beach in San Clemente. Seal Beach Considerations •Transportation •Visitor accommodations •Marketing •Safety •Education and outreach •Stakeholders •Financing What is the City’s Mission? •Create positive resident experience •Attract visitors to City •Provide opportunities for business. Committee Background o November 8, 2025: o At Council Strategic Planning Session, the City Council identified the 2028 LA Olympics as a unique opportunity that required more attention and directed staff to bring back an item to form an Ad-Hoc Committee o January 26, 2026: o City Council formally approved the creation of an Ad-Hoc Committee, to consist of 2 council members and 10 citizen stakeholders appointed by the City Council o January 27, 2026: The City posted a Notice of Vacancy inviting interested individuals o March 23, 2026: City Council ratified the appointments to the official Ad-Hoc Committee o April 21, 2026: Citizen-Council Olympic Ad-Hoc Committee held its first meeting Olympic Advisory Ad-Hoc Committee Quarterly Updates Mission Statement Create a legacy by making the LA28 Olympic & Paralympic experience positive, enjoyable, and successful for Seal Beach residents, guests, and businesses. Olympic Advisory Ad-Hoc Committee Quarterly Updates Logo Olympic Advisory Ad-Hoc Committee Quarterly Updates Subcommittees •Events •Marketing and Communications •Partnerships and Community Relations •Housing and Transportation (Mobility) Olympic Advisory Ad-Hoc Committee Quarterly Updates Events •Plan events that promote the Olympic Games •Get involved with other existing annual events Olympic Advisory Ad-Hoc Committee Quarterly Updates Marketing and Communications •Create content and build excitement for the community Olympic Advisory Ad-Hoc Committee Quarterly Updates Partnerships and Community Relations •Build relationships among residents, organizations, and businesses to see what people are interested in and how they can contribute. Olympic Advisory Ad-Hoc Committee Quarterly Updates Housing and Transportation (Mobility) •Draft a proposal to Council to consider temporary housing permits during the Olympic timeframe. •Develop a transportation system for LA28 that reduces congestion in Seal Beach while moving residents and guests. Olympic Advisory Ad-Hoc Committee Quarterly Updates Accomplishments •Mission Statement •List of potential event sites •Subcommittees •SB28 Logo •Community Calendar •OCTA Presentation – Rose Casey Olympic Advisory Ad-Hoc Committee Quarterly Updates Future Plans •December 4th Christmas Parade •Events and Watch Parties •Website •Partnerships •Housing & Transportation Plans •Meet with the Business First Committee Olympic Advisory Ad-Hoc Committee Quarterly Updates Potential Legacy Ideas •Researching potential water taxi service •Broadcasting on the beach Olympic Advisory Ad-Hoc Committee Quarterly Updates Join us at our next meeting! October 20th, 2026 6:00 PM Seal Beach Council Chambers Contact: tkelsey@sealbeachca.gov Thank you! Olympic Advisory Ad-Hoc Committee Quarterly Update September 28, 2026 Los Angeles Olympics 2028 •Olympic Games: July 14-30, 2028 •Paralympic Games: August 15-27, 2028 •15,680 total athletes between Olympics and Paralympics •Anticipated 10 – 15 million ticketed fans •49 total sites across Southern California •Long Beach will host 18 events in 7 different sites - the second most events outside of LA •Orange County will host volleyball at the Honda Center in Anaheim and surfing at Trestles Beach in San Clemente. Seal Beach Considerations •Transportation •Visitor accommodations •Marketing •Safety •Education and outreach •Stakeholders •Financing What is the City’s Mission? •Create positive resident experience •Attract visitors to City •Provide opportunities for business. Committee Background o November 8, 2025: o At Council Strategic Planning Session, the City Council identified the 2028 LA Olympics as a unique opportunity that required more attention and directed staff to bring back an item to form an Ad-Hoc Committee o January 26, 2026: o City Council formally approved the creation of an Ad-Hoc Committee, to consist of 2 council members and 10 citizen stakeholders appointed by the City Council o January 27, 2026: The City posted a Notice of Vacancy inviting interested individuals o March 23, 2026: City Council ratified the appointments to the official Ad-Hoc Committee o April 21, 2026: Citizen-Council Olympic Ad-Hoc Committee held its first meeting Olympic Advisory Ad-Hoc Committee Quarterly Updates Mission Statement Create a legacy by making the LA28 Olympic & Paralympic experience positive, enjoyable, and successful for Seal Beach residents, guests, and businesses. Olympic Advisory Ad-Hoc Committee Quarterly Updates Logo Olympic Advisory Ad-Hoc Committee Quarterly Updates Subcommittees •Events •Marketing and Communications •Partnerships and Community Relations •Housing and Transportation (Mobility) Olympic Advisory Ad-Hoc Committee Quarterly Updates Events •Plan events that promote the Olympic Games •Get involved with other existing annual events Olympic Advisory Ad-Hoc Committee Quarterly Updates Marketing and Communications •Create content and build excitement for the community Olympic Advisory Ad-Hoc Committee Quarterly Updates Partnerships and Community Relations •Build relationships among residents, organizations, and businesses to see what people are interested in and how they can contribute. Olympic Advisory Ad-Hoc Committee Quarterly Updates Housing and Transportation (Mobility) •Draft a proposal to Council to consider temporary housing permits during the Olympic timeframe. •Develop a transportation system for LA28 that reduces congestion in Seal Beach while moving residents and guests. Olympic Advisory Ad-Hoc Committee Quarterly Updates Accomplishments •Mission Statement •List of potential event sites •Subcommittees •SB28 Logo •Community Calendar •OCTA Presentation – Rose Casey Olympic Advisory Ad-Hoc Committee Quarterly Updates Future Plans •December 4th Christmas Parade •Events and Watch Parties •Website •Partnerships •Housing & Transportation Plans •Meet with the Business First Committee Olympic Advisory Ad-Hoc Committee Quarterly Updates Potential Legacy Ideas •Researching potential water taxi service •Broadcasting on the beach Olympic Advisory Ad-Hoc Committee Quarterly Updates Join us at our next meeting! October 20th, 2026 6:00 PM Seal Beach Council Chambers Contact: tkelsey@sealbeachca.gov Thank you! 1 Brandon DeCriscio From:JO8N <JO8N@proton.me> Sent:Monday, September 28, 2026 5:47 PM To:Ask City Hall; Lisa Landau; Ben Wong; Patty Senecal; Joe Kalmick; Nathan Steele; Patrick Gallegos; nghirelli@rwglaw.com; Gloria Harper; Michael Henderson; Joe Bailey; Brandon DeCriscio; hr@sealbeachca.gov; specialevents; Iris Lee; Shaun Temple; Barbara Arenado; Nicholas Nicholas; Mike Ezroj; Julia Clasby; Brian Gray; Deb Machen; Sean Low; Sean Sabo; perla@projecteli.info; Office@Assumptionlb.Org Subject:Public Comment Seal Beach City Council Meeting 9/28/26 Genesis 2:21 says in Hebrew that GOD made a ה ָמֵדְּרַתּ (tardemah) fall upon the man. The Seventy did not write sleep; they wrote ἔκστασις (ekstasis, ecstasy) — from ἐκ (ek, out) and στάσις (stasis, standing): a standing-outside. Read the chapter forward and there are two namings. The man names the beasts from above, out of dominion — GOD brings them, he names them, nothing is taken from him, and Scripture records not one word he said (2:19– 20). Then his side is opened, and only there does Scripture quote him, and what it quotes is a poem that names her by where she came from: bone of my bones and flesh of my flesh (2:23). The speech that is preserved is the speech that came out of the wound. 뛝뛞뛟뛡뛠 둏 ⍾ Jo8n On Sunday, April 26th, 2026 at 11:53 PM, JO8N <JO8N@proton.me> wrote: United States Government Accountability Office Complaint Control Number (COMP-26- 004095) Drug Enforcement Administration Case Number 00208892 뛝뛞뛟뛡뛠 둏 ⍾ JO8N Agenda Item A AGENDA STAFF REPORT DATE:September 28, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on September 14, 2026. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. RECOMMENDATION: That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on September 14, 2026. Page 2 2 2 6 8 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Patrick Gallegos Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Closed Session, September 14, 2026 B. Minutes - Regular Session, September 14, 2026 1 0 7 6 9 Seal Beach, California September 14, 2026 The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas R. Ghirelli, City Attorney Patrick Gallegos, City Manager Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (D) Of Government Code Section 54956.9; Name of Case: Julia Clasby v. City of Seal Beach Orange County Superior Court, Case No. 30-2025-01516539-CU-OE-NJC. B. PUBLIC EMPLOYEE PERFORMANCE Evaluation Government Code §54957(b) Title: City Manager C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA. A record of the threats of litigation is available for inspection in the City Clerk’s office. D. Conference with Legal Counsel Significant Exposure to Litigation – Government Code Section 54956.9(d)(2) Notice of Potential Liability and Request for Fourth Tolling Agreement from BKK Working Group, BKK Landfill, West Covina, California 1 0 7 6 9 ADJOURNMENT Mayor Landau adjourned the Closed Session meeting at 6:59 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Lisa Landau, Mayor Attested: Gloria D. Harper, City Clerk Seal Beach, California September 14, 2026 The City Council met in Regular Session at 7:04 p.m. in the City Council Chambers. Mayor Pro Tem Wong led the Pledge of Allegiance. ROLL CALL Present: Mayor Landau Council Members: Kalmick, Wong, Senecal, Steele Absent: None City Staff: Nicholas R. Ghirelli, City Attorney Patrick Gallegos, City Manager Michael Henderson, Police Chief Iris Lee, Director of Public Works Gloria D. Harper, City Clerk Joe Bailey, Marine Safety Chief Craig Covey, Orange County Fire Authority Division 1 Chief Mike Ezroj, Police Captain Brian Gray, Emergency Services Coordinator Tim Kelsey, Deputy Director of Community Services Brandon DeCriscio, Deputy City Clerk Michael Peterman, Human Resources Manager Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Senior Engineer Lauren Barich, Management Analyst Sean Low, Deputy Director of Public Works, Maintenance & Utilities Megan Bolton, Management Analyst PRESENTATIONS / RECOGNITIONS Hunger Action Month Proclamation – September 2026 El Nino Preparation Presentation Citizen-Council Business First Advisory Ad Hoc Committee Update ORAL COMMUNICATIONS Mayor Landau opened oral communications. Speakers: John Osborne, James Jensen, John Breiding, Charlie Kluger, Chad Berlinghieri, Donna McGuire, Matthew Terry, and Ken Seiff addressed the City Council. Mayor Landau closed oral communications. Six (6) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public. 1 0 7 7 0 APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Council Member Senecal pulled item I for separate consideration. Mayor Pro Tem Wong pulled Item L for separate consideration. Council Member Kalmick moved, second by Mayor Pro Tem Wong, to approve the agenda. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli reported that the City Council met in Closed Session regarding the four (4) items on the posted agenda. All five (5) Council Members were present. He also reported that the City Council approved a tolling agreement with Lampson Park Place LLC for Item C and a tolling agreement with BKK Working Group regarding the BKK Landfill on Item D. Both items were approved unanimously, with a vote of 5-0. CITY MANAGER REPORT City Manager Gallegos reported staff’s attendance at the DaoYin Holistic Health Ribbon Cutting Ceremony, the Navy’s Pre-Proposal Conference for the Pacific Coast Highway Revitalization Project with the Naval Weapons Station, and the Seal Beach Chamber of Commerce Board of Directors Installation Dinner. Additionally, City Manager Gallegos highlighted several upcoming community events, including Parent’s Pickleball Night scheduled for Friday, September 18, 2026, at 6:00 p.m. at the Seal Beach Tennis and Pickleball Center, and Coastal Cleanup Day scheduled for Saturday, September 19, 2026, at 9:00 a.m. at the 1st Street Parking Lot at the base of the Seal Beach Pier. Finally, City Manager Gallegos announced that September is National Preparedness Month. He noted that City staff has been meeting internally and with other coastal Orange County cities in preparation for the upcoming El Niño season. He encouraged residents to sign up for emergency alerts, develop an emergency plan, build an emergency kit containing essential items, and get to know their neighbors by volunteering or participating in community groups, such as Neighbor 4 Neighbor. 1 0 7 7 0 COUNCIL COMMENTS Council Member Steele reported his attendance at the Golden Rain Foundation and City of Seal Beach Joint Meeting, the Navy’s Pre-Proposal Conference for the Pacific Coast Highway Revitalization Project with the Naval Weapons Station, the Orange County Mosquito and Vector Control Board District Facility Project Ad Hoc Committee meeting, the August 19, 2026, Special City Council meeting, and the Orange County Mosquito and Vector Control Board of Directors Trustee meeting. Council Member Kalmick thanked staff for their work during last weekend’s storm. He also reported his attendance at the Navy’s Pre-Proposal Conference for the Pacific Coast Highway Revitalization Project with the Naval Weapons Station, the Citizen- Council Business First Advisory Ad Hoc Committee meeting, the Seal Beach Chamber of Commerce Installation Dinner, a League of California Cities Roundtable Zoom meeting regarding the California Department of Housing and Community Development, and the 9/11 Remembrance Ceremonies at the Naval Weapons Station and Fire Station 44. Council Member Senecal announced that the Seal Goes Pink Pier Memory Walk will take place on Saturday, October 3, 2026, at 8:00 a.m. at Eisenhower Park. She thanked staff for their work on the event and encouraged residents to attend. Mayor Pro Tem Wong reported his attendance at the Chamber of Commerce Monthly Breakfast, the Leisure World Cares Fund Board Meeting, the Golden Rain Foundation and City of Seal Beach Joint Meeting, the Citizen-Council Business First Advisory Ad Hoc Committee meeting, the Orange County Housing and Community Development Commission meeting, the College Park West Preserve Graffiti Cleanup, the Leisure World First Tuesday event, the Seal Beach Chamber of Commerce Board Installation meeting, the 9/11 Remembrance Ceremonies at the Naval Weapons Station and Fire Station 44, and the AIM Sports Complex Austin Reaves Basketball Training Camp. Mayor Pro Tem Wong also announced that he will attend the International Council of Shopping Centers (ICSC) Conference in San Diego from September 14–16, 2026. Mayor Landau congratulated John Osborne on becoming President of the Chamber of Commerce. Mayor Landau also reported her attendance at the Helen Sanders CatPAWS Benny’s Birthday & Love Your Pet Party and the Seal Beach Lions Club Arts and Crafts Faire. Finally, Mayor Landau announced that the second annual Orange County Around the Table will take place on September 27, 2026, from 3:00 p.m. to 6:00 p.m. at Miles Square Reginal Park, Shelter 1 in Fountain Valley. COUNCIL ITEMS 1 0 7 7 0 A. 2026 Cal Cities General Assembly Resolution Regarding Local Authority Over Housing and Land Use Decisions - That the City Council provide direction to the City’s voting delegate to support the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions. Mayor Landau called upon Management Analyst Barich to provide an overview of the staff report. A discussion ensued between Council Members Steele and Senecal. Council consensus was reached to advise Council Member Senecal on how to vote during the League of California Cities General Assembly. CONSENT CALENDAR Council Member Senecal moved, second by Mayor Pro Tem Wong, to approve the recommended actions on the consent calendar with the exception of Items I and L. B. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on August 10, 2026 and the Special Closed Session and Special City Council Meeting held on August 19, 2026. C. Demand on City Treasury (Fiscal Year 2027) - Ratification. D. Monthly Investment Report (July 31, 2026) - Receive and file. E. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report. F. City of Seal Beach Biennial Conflict-of-Interest Code Update - That the City Council adopt Resolution 7810 amending the City’s Conflict-of-Interest Code (Code) and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority). G. Amendments to Professional Services Agreements with Michael Baker International Inc. for Updates to Elements of the General Plan - That the City Council adopt Resolution 7811: 1. Approving Amendment 3 to the Professional Services Agreement with Michael Baker International Inc., for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and, 2. Approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and, 3. Authorizing the City Manager to execute the Amendments on behalf of the City. 1 0 7 7 0 H. Approving and Authorizing Purchasing for the Replacement of City Vehicles and Heavy Equipment - That the City Council adopt Resolution 7812: 1. Authorizing the purchase of four (4) replacement vehicles for the City's fleet from National Auto Fleet Group pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not-to-exceed amount of $234,455.81, in accordance with the following breakdown: a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, c) Police Surveillance Unit #4122 for $57,512.89; and, d) Marine Safety Unit #5130 for $52,370.30; and, 2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above-referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown: a) PIU Vehicle Unit #4108 for $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122 for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, e) Contingency for $7,500.00; and, 4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and, 5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting. I. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. - That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term. J. Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP SS1903 - That the City Council adopt Resolution 7814: 1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on 1 0 7 7 0 the Project. K. Amending the FY 2026-27 West Orange County Water Board Budget - That the City Council adopt Resolution 7815 amending the FY 2026-27 West Orange County Water Board budget by $4,600,000, returning unexpended funds from the Cathodic Protection Program to member agencies, of which the City’s proportionate agency reimbursement is $657,800. L. Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. M. Approve Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association, Mid-Management and Confidential Employees Association, and Marine Safety Management Association for the period of July 1, 2026 through June 30, 2029 - That the City Council: 1. Adopt Resolution 7817 approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association (SBSPA), the Mid-Management and Confidential Employees Association (MMCEA), and the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2026 through June 30, 2029; and, 2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3. Authorize the City Manager to execute and implement the Memoranda of Understanding in the form attached hereto. The vote below is for the Consent Calendar Items. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. - That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in 1 0 7 7 0 the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term. Mayor Landau called upon Council Member Senecal. Council Member Senecal’s questions and concerns were addressed by Senior Engineer Spitz, and Marine Safety Chief Bailey. Mayor Pro Tem Wong moved, second by Council Member Senecal to adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried L. Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. Mayor Landau called upon Mayor Pro Tem Wong. A discussion ensued between Mayor Pro Tem Wong, Public Works Director Lee, Mayor Pro Tem Wong, Council Member Senecal, and Council Member Kalmick. Mayor Pro Tem Wong’s questions and concerns were addressed by Public Works Director Lee. 1 0 7 7 0 Council Member Steele moved, second by Mayor Landau to adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. AYES: Kalmick, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: Senecal Motion carried PUBLIC HEARING N. Authorizing Submittal for Grant Funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disability (EMSD) Program That the City Council: 1. Conduct a public hearing to receive input and consider the submittal of a grant application; and, 2. Determine this action is exempt from the California Environmental Quality Act; and, 3. Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program. Mayor Landau called upon Deputy Director of Community Services Kelsey to provide an overview of the staff report. Council Member Steele’s questions and concerns were addressed by Deputy Director of Community Services Kelsey. Mayor Landau opened the Public Hearing. Speakers: None. Mayor Landau closed the Public Hearing. Mayor Pro Tem Wong moved, second by Council Member Steele to Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried UNFINISHED/CONTINUED BUSINESS There was no unfinished/continued business. 1 0 7 7 0 NEW BUSINESS O. Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 - That the City Council adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411. Mayor Landau called upon Public Works Director Lee to provide an overview of the staff report. A discussion ensued between Council Member Senecal, Public Works Director Lee, Council Member Steele, Council Member Kalmick, and City Attorney Ghirelli. Council Member Kalmick moved, second by Mayor Pro Tem Wong to adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411. AYES: Kalmick, Senecal, Steele, Wong, Landau NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Landau adjourned the City Council at 10:30 p.m. to Monday, September 28, 2026, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach 1 0 7 7 0 Approved:___________________________ Lisa Landau, Mayor Attested:____________________________ Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:September 28, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Awarding and Authorizing Execution of a Public Works Agreement with MDJ Management, LLC for the North Seal Beach Community Center Phase 2, CIP BG2505 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7820: 1. Approving the scope of work for North Seal Beach Community Center Phase 2, CIP BG2505 (Project); and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $368,667.53 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8- GB-101723-MDJ); and, 3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and, 4. Authorizing the City Manager, or designee, to approve up to $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund. BACKGROUND AND ANALYSIS: The City received Community Development Block Grant (CDBG) funding to launch Phase 1 improvements at the North Seal Beach Community Center (NSBCC), in which the City Council adopted Resolution 7553 on August 12, 2024, to award a Public Works Agreement to MDJ Management, LLC (MDJ). This first phase focused on modernizing the aging facility with energy-efficient upgrades, a reconfigured and more functional kitchen to support senior meal programs, improved access to outdoor space, enhanced building efficiency and resiliency, and a series of Americans with Disabilities Act (ADA)-compliant improvements to support equitable use of the center. On February 24, 2025, the City Council Page 2 2 3 6 4 formally accepted the completed work and directed staff to file a Notice of Completion with the Orange County Clerk’s Recorder’s Office. On January 26, 2026, the City Council adopted Resolution 7725, approving the application for grant funds related to the Orange County Housing and Community Development (OCHCD) Public Facilities and Improvements, provided through the CDBG program, for the North Seal Beach Community Center Phase 2, CIP BG2505 (Project), and to accept any funds awarded through the program. As part of preparing the project, staff confirmed with OCHCD that the City could again use Cooperative Purchasing, consistent with the approach taken in Phase I. After receiving the County’s approval to proceed through the Sourcewell ezIQC program. Three qualified contractors were selected through the program to perform the scope of work. After reviewing their adjustment factors, which are multipliers applied to preset unit prices in the Construction Task Catalog (CTC), staff selected MDJ Management, LLC (MDJ) as they had the lowest adjustment factor. The Project will implement the next planned phase of improvements at NSBCC, building on the work completed in Phase 1. Phase 2 continues the City’s efforts to enhance the facility by further improving accessibility, functionality, and long-term sustainability. Improvements will include renovating the men’s restroom with new fixtures, finishes, partitions, lighting, and plumbing; updating interior flooring, ceiling tiles, lighting, storefront glazing, and paint throughout the main lobby and adjacent areas; upgrading exterior features such as building signage, drainage, and landscaping; and enhancing HVAC performance through replacement of key components, ductwork repairs, and system testing. Additional ADA upgrades are designed to align with current accessibility regulations and the City’s ADA Transition Plan. These improvements focus on improving accessible routes, eliminating trip hazards, enhancing door operations, and modifying elements such as the drinking fountain area to ensure equitable access for all users. On June 20, 2026, MDJ provided staff with a Proposal in the not-to-exceed Project cost of $368,667.53, utilizing the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ). On July 1, 2026, Contract #012-26011073 between the County of Orange and the City of Seal Beach was executed, awarding $382,500, to the City for the renovation of the NSBCC, with a City matching fund of $70,000, for a total of $452,500. On September 10, 2026, due to a funding decrease, Amendment 1 to Contract #012-26011073 between the County of Orange and the City of Seal Beach was executed, revising the total loan amount of $354,921 to the City, with a City matching fund of $70,000, for a total of $424,921. Accordingly, staff recommends awarding a Public Works Agreement in the amount of $368,667.53 to MDJ for the Project and up to $98,753.47 as allowance for contingency and inspection services of the upcoming renovation project on the Page 3 2 3 6 4 aging facility and to fulfill the matching fund. Given the age of the building, there is a possibility of unforeseen discoveries that may necessitate additional expenses. Additional work may also be required to comply with the City’s ADA Transition Plan. Inspection services will be utilized under the City’s current on-call agreement, as needed. MDJ possesses the appropriate "B" General Building contractor's license and presently holds contracts with neighboring cities, utilizing the same Sourcewell Cooperative Agreement. In 2024, MDJ satisfactorily completed Phase 1 improvements at the NSBCC. Given their familiarity with the project and based on MDJ having the lowest adjustment factor, staff recommends entering into a Public Works Agreement with MDJ to complete the project. If the project is awarded, the renovation of the NSBCC is tentatively slated to commence in October 2026. ENVIRONMENTAL IMPACT: This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d) as the work involves restoration or rehabilitation of existing facilities. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The Project will utilize funds allocated in FY 2026-27 Capital Improvement Program, which includes grant funds from the CDBG program and City’s funds. Any unused funds will be returned to the original funding source. The table below represents a breakdown of the total project funding: Description Amount BG2505 (CDBG Grant Funds)$354,921.00 BG2505 (General Fund)$112,500.00 Total $467,421.00 To support contingency, inspection allowances, and the required match, the City’s FY 2026-27 Capital Improvement Program includes sufficient funding to complement the grant and fully cover the City’s portion of the project costs. Page 4 2 3 6 4 The table below represents a breakdown of the Project costs: Description Amount MDJ Management, LLC $368,667.53 Proposed ADA Improvements, Contingency and Inspections $98,753.47 Total:$467,421.00 RECOMMENDATION: That the City Council adopt Resolution 7820: 1. Approving the scope of work for North Seal Beach Community Center Phase 2, CIP BG2505; and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $368,667.53 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8- GB-101723-MDJ); and, 3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and, 4. Authorizing the City Manager, or designee, to approve up to $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Wendy Ha, Assistant Engineer ATTACHMENTS: A. Resolution 7820 B. Agreement with MDJ Management, LLC C. Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB- 101723-MDJ) RESOLUTION 7820 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING AND AUTHORIZING THE CITY MANAGER OR HIS/HER DESIGNEE TO EXECUTE A PUBLIC WORKS AGREEMENT WITH MDJ MANAGEMENT, LLC FOR THE NORTH SEAL BEACH COMMUNITY CENTER PHASE 2, CIP BG2505 WHEREAS, the City of Seal Beach (“City”) has identified the need for rehabilitation of the North Seal Beach Community Center (“NSBCC”); and, WHEREAS, on January 26, 2026, the City Council adopted Resolution 7725, approving the application for grant funds related to the Orange County Housing and Community Development Public Facilities and Improvements, provided through the Community Development Block Grant (“CDBG”) program, to apply upgrades to the North Seal Beach Community Center (“NSBCC”), and to accept any funds awarded through the program; and, WHEREAS, Seal Beach Municipal Code Section 3.20.025(D), provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications; and, WHEREAS, Staff solicited a proposal from MDJ Management, LLC (“MDJ”) utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723- MDJ); and, WHEREAS, on June 20, 2026, MDJ provided staff with a Proposal in the not-to- exceed Project cost of $368,667.53, utilizing the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ); and, WHEREAS, on July 1, 2026, Contract #012-26011073 between County of Orange and the City of Seal Beach was executed, awarding $382,500, to the City for the renovation of the NSBCC, with a City matching fund of $70,000; and, WHEREAS, On September 10, 2026, due to a funding decrease, Amendment No. One to Contract #012-26011073 between County of Orange and the City of Seal Beach was executed, revising the total loan amount $354,921 to the City, with a City matching fund of $70,000; and, WHEREAS, MDJ possesses the appropriate "B" General Building contractor's license and is a qualified firm to perform the Project. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: 1 1 4 8 5 Section 1. The City Council hereby approves the scope of work for the rehabilitation of and upgrades to the North Seal Beach Community Center Phase 2, CIP BG2505 (“Project”). Section 2. Based on the recitals set forth above, which are incorporated herein by this reference, the City Council hereby awards a Public Works Agreement to MDJ for the Project in a total not-to-exceed amount of $368,667.53, utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ). Section 3. The City Council hereby authorizes and directs the City Manager or his/her designee to execute the Public Works Agreement with MDJ Management, LLC on behalf of the City for the Project. Section 4. The City Council hereby authorizes the City Manager or his/her designee to approve up to a total of $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of September 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk 1 1 4 8 5 STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7820 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September 2026. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT NORTH SEAL BEACH COMMUNITY CENTER PHASE 2 PROJECT CIP NO. BG2505 ORANGE COUNTY CONTRACT NO. 012-24011207 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & MDJ Management, LLC 531 Main Street #611 El Segundo, CA 90245 (310) 490-1521 THIS CONTRACT (“Contract”) is made as of September 14, 2026, by and between the City of Seal Beach, a California charter city (“City”), and MDJ Management, LLC, a California limited liability company (“Contractor”) (collectively, “the parties” and individually, a “party”). 2 RECITALS A. The City Council of the City of Seal Beach (“City”) has approved the scope of work for the North Seal Beach Community Center (“NSBCC”) Phase 2 rehabilitation project (CIP BG2505) (“Project”) for public facilities and improvements at the NBSCC. B. Pursuant to the authority provided by the Seal Beach City Charter and Seal Beach Municipal Code § 3.20.025(D), on June 9, 2026, City solicited proposals for the Project through Sourcewell and Contractor submitted a proposal (“Proposal”) dated July 20, 2026, to perform the work defined and described in Section 1.0 of this Agreement, including utilization of cooperative purchasing through Contractor’s Sourcewell Contract CA-R8-GB-101723-MDJ (“Sourcewell”) pricing, in the amount of $368,667.53. The Proposal includes, among other things, provisions defining the Project scope. C. City submitted an application for grant funds to the County of Orange’s Community Development Block Grant Program (the “CDBG Program”), to carry out ADA accessibility improvements and other public facilities and improvements of the Project that will benefit low- to moderate-income residents in the community; and on February 19, 2026, the County of Orange, as a pass-thru entity under the CDBG Program, allocated CDBG funding to the City for the rehabilitation of the North Seal Beach Community Center. D. Contractor represents that the principal members of its firm are licensed and registered California licensed “B” General Building Contractor (California State Contractor's License #1044711, DIR #1000061313) and are fully qualified to perform the construction work contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. E. Pursuant to the authority provided by the City Charter and Seal Beach Municipal Code § 3.20.025(D), City desires to engage Contractor as an independent contractor to carry out the Project with the use of the CDBG grant funds and City funds, in the manner set forth herein and more fully described in Section 1.0 and in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor’s Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as North Seal Beach Community Center Phase 2 CIP BG2505 (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2. 3 1.2 Contract Documents. The Contract Documents consist of this Contract and all Exhibits attached to this Contract,. The Exhibits attached to this Contract include the (i) Contractor’s Proposal dated July 20, 2026 (“Proposal”) (Exhibit A); (ii) Indefinite Delivery-Indefinite Quantity Construction Contract No. CA-R8-GB-101723-MDJ dated December 6, 2023 between Sourcewell and MDJ Management, LLC, Indefinite Delivery-Indefinite Quantity Construction Contract General Terms and Conditions, and Agreements to Modify and Extend dated November 14, 2024 and October 30, 2025 (collectively “Sourcewell Contract”) (Exhibit B); (iii) Contract #012-26011073 for Public Facilities & Improvements, North Seal Beach Community Center Improvements between County of Orange and City of Seal Beach (“CDBG Grant”) and Amendment No. One to MA 012 26011073, dated September 10, 2026. (Exhibit C); (iv) Performance Bond (Exhibit D); (v) Payment Bond (Labor and Materials) (Exhibit E); (vi) Workers’ Compensation Insurance Certificate (Exhibit F); (vii) Insurance Endorsements (Exhibit G); (viii) Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit H); (ix) Acknowledgment of Labor Law Requirements (Exhibit I); (x) Federal Labor Standards Provisions (Exhibit J); (xi) Davis-Bacon Wage Determination CA20260024, Mod 4, 7/14/26 (Exhibit K); (xii) Noncollusion Declaration (Exhibit L); (xiii) Designation of Subcontractors (Exhibit M); (xiv) 2018 Edition of Standard Specifications for Public Works Construction adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California, as amended by City (“Special Provisions”) (Exhibit N); (xv) the California Building Codes as adopted by City in Chapter 9.60 of Title 9 of the Seal Beach Municipal Code, including those provisions adopted by reference or applicable by operation of law, or amended (collectively “Reference Documents”) (Exhibit O); (xvi) Debarment Certification (Exhibit P); (xvii) Standard Form-LLL, “Disclosure Form to Report Lobbying”(Exhibit Q); and (xviii) Drug-Free Workplace Certification (Exhibit R). All Contract Documents are hereby incorporated into this Contract. 1.3 Federal Requirements. The Project is funded in part through federal CDBG funds provided to the City by the County of Orange pursuant to the County CDBG Agreement (Exhibit C). Therefore, in addition to the requirements of this Contract, Contractor shall comply with all Federal requirements set forth or referenced in this Contract, as well as all other applicable Federal statutes, regulations, executive orders, and/or policy guidance adopted by the U.S. Department of Housing and Urban Development (“HUD”), the County of Orange through the CDBG Grant (Exhibit C), or as otherwise imposed by law, which shall be collectively referred to as “Federal Requirements.” 1.4 Order of Precedence. Notwithstanding any other provision of this Contract, in the event of any conflict between the CDBG Grant and/or the other Federal Requirements, on the one hand, and the provisions of this Contract or any other Exhibit attached hereto, on the other hand, the provisions of the CDBG Grant and the Federal Requirements shall take precedence. In the event of any material discrepancy between the provisions of this Contract and the provisions of any other Exhibit to this Contract, the provisions of this Contract shall prevail. 4 1.5 Compliance with Contract Documents. The Work shall be performed in accordance with this Contract, the Sourcewell Contract, the Proposal and other Contract Documents in a manner satisfactory to the City. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.6 National Objectives. All activities funded with CDGB funds must meet one of the CDBG Program’s National Objectives: benefit low and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 Code of Federal Regulations (“CFR”) 570.208. Contractor certifies that the activity(ies) carried out under this Contract will meet one of the CDBG Program’s National Objectives. 2. Effective Date; Term. This Contract shall be for a term commencing on September 14, 2026 (the “Effective Date”), contingent upon execution by Contractor and approval and execution by City; and Contractor shall commence work after notification to proceed from City’s Contract Administrator. The Contract shall remain in full force and effect until the earlier of (i) Contractor’s completion of the Work required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, or (ii) on June 30, 2027, unless sooner terminated or extended pursuant to this Contract. 3. Termination due to Reduction or Loss of Funding. In addition to the grounds for termination set forth in the Special Provisions, in the event that City receives communication from the County of Orange and/or the Federal Government that funds available to City under the CDBG Grant are to be reduced or withdrawn by the County of Orange or the Federal Government, City may at its sole option terminate this Contract immediately. 4. Contractor’s Compensation. 4.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Proposal and Sourcewell Contract as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $368,667.53 (Three Hundred Sixty Eight Thousand Six Hundred Sixty Seven dollars and 53/100), subject to any additions and deletions pursuant to the terms of the Contract Documents or for authorized additional work pursuant to Subsection 4.2, below. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. All costs are subject to the eligibility requirements of HUD under the CDBG Grant and County CDBG Agreement. Eligible costs related to Work provided by Contractor must be incurred during the period beginning the Effective Date. The Project shall be completed, and all funds provided 5 through this Contract shall be expended on eligible Project activities through and including June 30, 2027. 4.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 5. Contractor’s Personnel. 5.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Special Provisions (Exhibit N) and Reference Documents (Exhibit O), all other provisions of the Seal Beach Municipal Code and other federal, state and local laws to perform such Work, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 5.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. 5.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices. 5.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 5.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 5. 6. Party Representatives. 6 6.1. The Public Works Director is City’s representative for purposes of this Contract, and shall serve as the Contract Administrator. 6.2. Matthew McMillon is Contractor’s primary representative for purposes of this Contract. Matthew McMillon shall be responsible during the term of this Contract for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7. Fiscal Accountability. 7.1 Financial Management System. Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following: 7.1.1 Information pertaining to the line items as identified in Exhibit A (Proposal) to this Contract; 7.1.2 Source documentation to support accounting records; and 7.1.3 Proper charging of costs and cost allocation. 7.2 Contractor’s Records. Contractor’s records shall be sufficient to: 7.2.1 Permit preparation of required reports; 7.2.2 Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; 7.2.3 Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and 7.2.4 Permit tracking and reporting of leveraging as required. 7.3 Costs Charged. Costs shall be charged to this Contract only in accordance with the City and other requirements as required by funding source(s). 8. Federal Administrative and Related Requirements. 8.1 Contractor shall comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570. 8.2 Contractor shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. 7 8.3 Contractor shall administer its program in conformance with 2 CFR Part 200, et al, as applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. Contractor agrees that 48 Code of Federal Regulations (“CFR”) Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. 9. Inspections and Audits of Records. 9.1 City, County of Orange, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Contractor’s activities, books, documents and papers (including computer records and emails) and to records of Contractor’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Contractor are kept. Contractor shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by any of those agencies, which shall be deemed received upon date of sending. In the event Contractor does not make the above referenced documents available within the County of Orange, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City, County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained. 9.2 Contractor agrees to maintain such records for possible audit for a minimum of five years after final payment, or such longer period set forth in Section 8 or required by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s Contract Administrator. 10. Retention of Records. 10.1 Records to be Maintained. Contractor shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded by the CDBG Program under this Contract. Such records shall include, but not be limited to: 10.1.1 Records providing a full description of each activity undertaken; 10.1.2 Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; 8 10.1.3 Records required to determine the eligibility of activities; 10.1.4 Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; 10.1.5 Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 10.1.6 Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and 10.1.7 Other records necessary to document compliance with Subpart K of 23 CFR. 10.2 Retention of Records. Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years after the later of the following: (i) final payment under this Contract, or (ii) the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the foregoing, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 11. Indemnification. 11.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, 9 and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 11.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 11.2. 11.3 Protests. In addition to all other obligations set forth in this Section 11, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any bid protest or challenge to the procurement process used in connection with this Contract. 11.4 Civil Code Exception. Nothing in this Section 11 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 11.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 11, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 11.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 11 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 11.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, 10 or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 11.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 11 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 11.9 Survival. The provisions of this Section 11 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 12. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. The provisions of this Section 12 take precedence over and supersede the insurance provisions contained in the Proposal and/or Sourcewell Contract (Exhibits A and B). Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: Exhibit G-1: Additional Insured Endorsement - Commercial General Liability. Exhibit G-2: Additional Insured Endorsement - Automobile Liability. Exhibit G-3: Additional Insured Endorsement Contractor’s Pollution Liability (CPL). Exhibit G-7: (if applicable) Additional Insured Endorsement - Excess Liability. 11 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 12.2.1 Insurance Services Office Commercial General Liability coverage for both ongoing and completed operations (occurrence form CG 20 10 and CG 20 37) together with CG 25 03 or equivalent endorsement providing a separate general aggregate limit for the Project.. 12.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 12.2.3 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 12.2.4 Contractor’s Pollution Liability (CPL). Coverage shall include bodily injury, property damage, cleanup and remediation costs, transportation and disposal liability, and defense costs. The City shall be included as an additional insured, with primary and noncontributory coverage. If written on a claims-made basis, coverage shall be maintained for at least three years following completion of the Work. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 12.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 12.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 12.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law. 12.3.4 Contractor’s Pollution Liability (CPL): $2,000,000 per claim and aggregate, including bodily injury, property damage, cleanup and remediation costs, transportation and disposal liability, and defense costs. 12.4 Additional Insureds. 12.4.1 City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability 12 is attributable to Contractor or City, for the following policies: General Liability Policy; Automobile Liability Policy; and Contractor’s Pollution Liability Policy. 12.4.2 County of Orange, its elected and appointed officials, officers, employees, and agents shall also be named as additional insureds on the following policies or any subsequent endorsement: General Liability Policy. 12.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 12.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds; and also name the County of Orange and its elected its elected and appointed officials, officers, employees, and agents shall also be named as additional insureds as set forth above. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 12.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 12.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 12.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials, and as respects the County of Orange, its elected and appointed officials, officers, employees, and agents. Any insurance or self-insurance maintained by City, their elected and appointed officials, officers, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall 13 be excess of Contractor’s insurance and shall not contribute with it, and any insurance maintained by the County of Orange, its elected and appointed officials, officers, employees, and agents shall be excess of Contractor’s insurance and shall not contribute with it. 12.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 12.8.3 Each insurance policy required by this Section 12 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 12.8.4 Each insurance policy required by this Section 12 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. Each insurance policy required by this Section 12 shall also expressly waive the insurer’s right of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; and further waives all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents. 12.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager. 12.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents. 12.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 12, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 12.12 Subcontractors. Contractor shall require each Subcontractor to maintain insurance coverage applicable to its work. Each Subcontractor performing asbestos abatement, hazardous-material remediation, transportation, or disposal shall maintain Contractor’s Pollution Liability coverage meeting the requirements of this Section 12. 14 13. Liquidated Damages. Should Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, Contractor shall reimburse City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to City resulting from the failure of Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. City shall have the right to deduct such damages from any amount due, or that may become due to Contractor, or the amount of such damages shall be due and collectible from Contractor or Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 14. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: MDJ Management, LLC 531 Main Street #611 El Segundo, CA 90245 Telephone: (310) 490-1521 Attn: Matthew McMillon 15. Non-Assignability; Subcontracting. Except as otherwise designated in the Designation of Subcontractors Form (Exhibit M), Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s 15 obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder in violation of this provision shall be null, void and of no effect. 16. Equal Employment Opportunity. 16.1 In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. In connection therewith: 16.1.1 During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable state regulations implementing Government Code Section 12990 (a-I), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Contractor by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 16.1.2 Contractor shall include the nondiscrimination and compliance provisions of this clause in all Subcontracts to perform work under the Contract. 16.2 In the performance of this Contract, Contractor further agrees as follows: 16.2.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: (a) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of 16 compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (d) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (f) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g) In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 17 16.2.2 Contractor will include the provisions of Subsection 16.2.1 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: (a) Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. (c) Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 17. Civil Rights and Nondiscrimination. In addition to the provisions set forth in Section 16, Contractor agrees to comply with all of the following requirements. 18 17.1 Contractor agrees to comply with, and that the Work provided shall be in accordance with, the provisions of the Civil Rights Restoration Act of 1986 (PL 100-249), Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Titles I, II and III of the Americans with Disabilities Act of 1990, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 17.2 Contractor agrees to comply with the California Civil Rights statutes including but not limited to, California Family Rights Act, Unruh Civil Rights Act, Ralph Civil Rights Act, Civil Code Section 51.9, and Disabled Persons Act. 17.3 Contractor agrees to comply with Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12107 and 12086; and the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24 CFR 570.602. 17.4 In the performance of this Contract, Contractor further agrees that Contractor shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any basis prohibited by federal or state law. 18. Minority and Women’s Businesses and Labor Surplus Area Firms. 18.1 When possible, Contractor agrees to take the following affirmative steps when procuring subcontractors to perform any part of the services under this Contract: 18.1.1 Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 18.1.2 Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; 18.1.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 18.1.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and 19 18.1.5 Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19. Fraud. Contractor hall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. 20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees. 21. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 22. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the 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.” 23. Prevailing Wages and Labor Laws. 23.1 California Prevailing Wage Laws. City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits H and I, attached hereto. 20 23.2 Federal Labor Standards and Prevailing Wage Laws. 23.2.1 Federal Requirements for Federal-Aid Construction Projects provisions shall apply to this Contract and are made a part of the Contract. Contractor shall comply with the federal labor provisions contained in Exhibit J, attached hereto and incorporated herein by this reference. 23.2.2 The current Federal Prevailing Wage Determinations issued under the Davis-Bacon and related Acts shall apply to this Contract and are made a part of the Contract, including but not limited to, Davis-Bacon Wage Determination CA20260024, Mod 4, 7/14/26 contained in Exhibit K, attached hereto and incorporated hereby by this reference. Contractor agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Contractor shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. 23.2.3 Contractor agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Contractors engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen. 23.2.4 When federal prevailing wage rates apply, Contractor must submit, with each invoice, a certified copy of the payroll for compliance verification. Invoice payment will not be made until the payroll has been verified and the invoice approved by City’s Contract Administrator. 23.2.6 If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid. 23.3 Any subcontract entered into as a result of this Contract shall contain all the provisions of this Section. 24. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to 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. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 21 25. Prohibited Interests; Conflict of Interest. 25.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2 Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3 Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection. 26. Debarment and Suspension Certification. 26.1 Contractor certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in federal/state assisted programs in accordance with 29 CFR Part 98. As a condition of this Contract, Contractor shall submit a certification, in a form in compliance with Exhibit P, verifying under penalty of perjury, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer or manager: 26.1.1 Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 26.1.2 Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 22 26.1.3 Does not have a proposed debarment pending; and 26.1.4 Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. 26.2 Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. 26.3 Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by HUD. 27. Section 3 Clause. This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended (“Section 3”), the HUD regulations issued pursuant thereto at 24 CFR, Part 75, and any applicable rules and orders of HUD issued thereunder. Contractor agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract: The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations. The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) 23 qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. The Sub-recipient, contractor, and subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. The Sub-recipient, contractor, and subcontractor will not subcontract with any subcontractor where the Sub-recipient, contractor, and subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations 24 CFR part 75. The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 28. Hatch Act. Contractor agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the United States Code. 29. Prohibition of Expending City, State or Federal Funds for Lobbying. 29.1 Contractor certifies, to the best of its knowledge and belief, that: 29.1.1 No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract. 29.1.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” (attached as Exhibit Q) in accordance with its instructions. 24 29.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 29.3 Contractor also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. 29.4 Contractor shall complete and immediately forward to City the “Disclosure of Lobbying Activities,” a copy of which is attached hereto as Exhibit Q and incorporated herein by this reference, if Contractor, or any person, firm or corporation acting on Contractor’s behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by Contractor pursuant to this Contract. 30. Lead-Based Paint. Any Work performed by Contractor for the construction or rehabilitation of residential structures with assistance provided under this Contract shall be made subject to the provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)), 24 CFR 570.608, and the provisions for the elimination of lead-based paint hazard under 24 CFR Part 35. Contractor shall be responsible for the inspections and certifications required under Section 35.24 thereof, as applicable. 31. Historic Preservation. Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older or that are included on a Federal, state, or local historic property list. 32. Energy Efficiency Standards. Contractor agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable. 33. Property Records. Contractor shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations. 34. Equipment. Contractor shall use, manage and dispose of equipment in 25 accordance with federal and State regulations. 35. Drug-Free Workplace. Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit R, attached hereto and incorporated herein by reference. Contractor will: 35.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 35.2 . Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following: 35.2.1 The dangers of drug abuse in the workplace; 35.2.2 Contractor’s policy of maintaining a drug free workplace; 35.2.3 Any available counseling, rehabilitation, and employee assistance programs; and 35.2.4 Penalties that may be imposed upon employees for drug abuse violations. 35.3 Provide as required by Government Code Section 8355(c) that every employee who works under this Contract: 35.3.1 Will receive a copy of the company’s drug-free policy statement; and 35.3.2 Will agree to abide by the terms of Contractor’ company’s statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred: 35.3.3 Contractor has made false certification, or 35.3.4 . Contractor violates the certification by failing to carry out the requirements as noted above. 36. Safety. All work performed under this Contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by OSHA and CAL OSHA and other applicable state and federal laws. 26 City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. Where Contractor’s employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety. 37. Flood Disaster Protection. This Contract is subject to the requirements of Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; and the implementing regulations adopted pursuant thereto (including but not limited to, as applicable, any regulations set forth in 24 CFR 55, implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract). No portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the HUD Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Contract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the HUD Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. 38. Build America, Buy America Act (BABA). For infrastructure projects, as defined, Contractor agrees to abide by the requirements of the Build America, Buy America Act (41 U.S.C., Subtitle IV, Ch. 83, 2021) and 2 CFR Part 184 preferences for infrastructure materials purchases of USA-sourced iron, steel and other materials, to the extent available, and applicable to this Agreement, subject to exemptions and/or waivers which may be authorized from time to time, and posted on the HUD government website, located at the following link: https:www.hud.gov/program_offices/general_counsel/BABA. Contractor agrees to maintain purchase receipts and provide source documentation upon request of City, 27 through the required reporting period under this Agreement and as set forth in 2 CFR Part 184 and 2 CFR 200.322, unless exempt or granted a waiver. 39. Compliance with Air and Water Acts. This Contract is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency (EPA) with respect thereto, at 40 CFR 50 and 40 CFR 58, as amended from time to time. 40. Recovered Materials and Solid Waste Disposal Act. Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 41. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Work. 42. Fiscal Limitations. 43.1. Non-Appropriation of Funds. Payments to be made to Contractor by City for any Work performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s Work beyond the current fiscal year, this Agreement shall cover payment for Contractor’s Work only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 43.2. Grant Funding. City’s payment for the Work performed by Contractor to City pursuant to this Contract is contingent upon the availability and receipt by City of funds pursuant to the CDBG Grant (Exhibit C) and continued authorization for the Work in accordance with the CDBG Grant, and is subject to termination due to reduction in or lack of funds or authorization as provided in Section 3. This Contract is further subject to written modification as necessary by City in accordance with requirements of the CDBG Grant and any future amendments or modifications to the CDBG Grant and/or any Federal Requirements applicable to the CCBG Grant. In addition, this Contract may be amended or terminated as otherwise provided in the Special Provisions. 44. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 45. Severability. The invalidity in whole or in part of any provisions of this 28 Contract shall not void or affect the validity of the other provisions of this Contract. 46. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 47. No Third Party Beneficiaries. This Contract is made solely for the benefit of the Parties to this Contract and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Contract. 48. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Contract shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Contract shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 49. Time of the Essence. Time is of the essence in respect to all provisions of this Contract that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Contract. 50. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 51. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 52. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 29 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: ___________________________ By: ____________________________ Patrick Gallegos, City Manager Ronald Matthew McMillon President Attest: By: ____________________________ By: ___________________________ Gloria D. Harper, City Clerk Approved as to Form: By: ___________________________ (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313.) Ronald Matthew McMillon Treasurer EXHIBIT A PROPOSAL (MDJ Proposal dated July 20, 2026) Work Order Signature Document EZIQC Contract No.: CA-R8-GB-101723-MDJ N. Seal Beach Community Center Upgrades New Work Order 157286.00 Modify an Existing Work Order Work Order Title: Work Order Number.:Work Order Date: X 07/20/2026 Contractor Name: Contact: Phone: Contact: Phone: Matt McMillon 310-490-1521 Owner Name:City of Seal Beach Kathryne Cho (562) 431 - 2527x1321 MDJ Management Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB-101723-MDJ. Brief Work Order Description: Upgrades at North Seal Beach Community Center Will not apply:Liquidated Damages Will apply: Estimated Completion Date: Estimated Start Date: Time of Performance X Work Order Firm Fixed Price: $368,667.53 Owner Purchase Order Number: Approvals Date DateMDJ ManagementCity of Seal Beach 2.00 Page 1 of 1 7/20/2026 Work Order Signature Document 3.00 Detailed Scope of Work Kathryne ChoMatt McMillonTo:From: MDJ Management 531 Main St #611 El Segundo, CA 90245 310-490-1521 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431 - 2527x1321 Work Order Number: July 20, 2026Date Printed: 157286.00 N. Seal Beach Community Center UpgradesWork Order Title: Brief Scope:Upgrades at North Seal Beach Community Center Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. See attached DSOW. Subject to the terms and conditions of ezIQC Contract CA-R8-GB-101723-MDJ. MDJ Management Date DateCity of Seal Beach Page 1 of 1 7/20/2026 Scope of Work 4.00 Contractor's Price Proposal - Summary Owner PO #: N. Seal Beach Community Center Upgrades 157286.00 CA-R8-GB-101723-MDJIQC Master Contract #: Work Order #: Title: Re: July 20, 2026Date: Proposal Value: Contractor: MDJ Management $368,667.53 $7,497.38Add Alt 1 Abatement $7,774.80Bond $77,746.76Exterior $6,718.55HVAC $220,208.82Main Lobby $48,721.22Restroom Proposal Total Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $368,667.53 The Percentage of NPP on this Proposal:9.86% Page 1 of 1 7/20/2026 Contractor's Price Proposal - Summary 5.00 Contractor's Price Proposal - Detail N. Seal Beach Community Center Upgrades 157286.00 CA-R8-GB-101723-MDJIQC Master Contract #: Work Order #: Owner PO #: Title: Re: July 20, 2026Date: Proposal Value: Contractor: MDJ Management $368,667.53 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Add Alt 1 Abatement 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 1 $1,353.00EA Installation =x x 1,353.00 FactorUnit PriceQuantity Total 1.00 1.1000 1,230.00 Bond $6,144.38 x 2% 01 56 16 00 0032 7' Zipper Door For Plastic SheetingIncludes removal after use.2 $25.45EA Installation =x x 25.45 FactorUnit PriceQuantity Total 22.13 1.1500 1.00 Abatement Protection 02 82 33 00 0119 Up To 100 SF, Single Layer Or Multiple Layers, Linoleum Or Vinyl Sheet, Asbestos Abatement And Disposal 3 $1,606.38SET Installation =x x 1,606.38 FactorUnit PriceQuantity Total 1,396.85 1.1500 1.00 Asbestos Removal 02 82 33 00 0137 Up To 100 SF, Mastic, Asbestos Abatement And DisposalApplies to bottom layer only if multiple layers. 4 $1,614.07SET Installation =x x 1,614.07 FactorUnit PriceQuantity Total 1,403.54 1.1500 1.00 Asbestos Removal 02 82 33 00 0230 >10 To 100 SF, Asbestos Contaminated Dust And Minor Debris Collection In All Areas, Asbestos Abatement And Disposal 5 $156.40SF Installation =x x 156.40 FactorUnit PriceQuantity Total 1.36 1.1500 100.00 Asbestos Removal 02 89 00 00 0008 6 Mil Plastic Fire Retardant, Anti-static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction 6 $495.88SF Installation =x x 495.88 FactorUnit PriceQuantity Total 0.88 1.1500 490.00 Abatement Protection 02 89 00 00 0009 6 Mil Plastic Fire Retardant, Anti-static Retardant Sheeting, Applied To Ceilings, Hazmat Containment Construction 7 $157.24SF Installation =x x 157.24 FactorUnit PriceQuantity Total 1.13 1.1500 121.00 Abatement Protection 02 89 00 00 0022 5 Stage Portable Personnel Decontamination Wash FacilityIncludes connection to negative air system. 8 $1,379.46EA Installation =x x 1,379.46 FactorUnit PriceQuantity Total 1,199.53 1.1500 1.00 Abatement Protection Page 1 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Add Alt 1 Abatement 02 89 00 00 0023 Portable Waste Decontamination UnitIncludes connection to negative air system. 9 $709.50EA Installation =x x 709.50 FactorUnit PriceQuantity Total 616.96 1.1500 1.00 Abatement Protection $7,497.38Subtotal for Add Alt 1 Abatement Bond 01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 10 $7,774.80EA Installation =x x 7,774.80 FactorUnit PriceQuantity Total 1.00 1.1000 7,068.00 Bond $353,395 x 2% $7,774.80Subtotal for Bond Exterior 01 22 23 00 0410 2,000 Lb. Capacity, Mini-Excavator With Full-Time Operator11 $6,991.01WK Installation =x x 6,991.01 FactorUnit PriceQuantity Total 6,079.14 1.1500 1.00 Exterior Trench Drainage and Demo 01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy-duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc. 12 $1,759.47EA Installation =x x 1,759.47 FactorUnit PriceQuantity Total 1,529.97 1.1500 1.00 Mini X 01 74 19 00 0019 15 CY Low-Boy Dumpster Mixed RecyclableFor mixed dirt, rock, concrete brick or asphalt with no trash or organics. Includes service to deliver and pick-up dumpster, hauling, rental and disposal fee. 13 $1,004.36EA Installation =x x 1,004.36 FactorUnit PriceQuantity Total 873.36 1.1500 1.00 Demo Exterior 02 41 13 13 0040 >3" To 6" By Hand, Break-up And Remove Bituminous Paving14 $1,053.98SF Installation =x x 1,053.98 FactorUnit PriceQuantity Total 6.11 1.1500 150.00 Remove Asphalt 10 14 19 00 0286 14" High x 1/2" Deep, Satin Finish, Stainless Steel Sign Letter/Character, Installed With Studs 15 $15,376.71EA Installation =x x 15,376.71 FactorUnit PriceQuantity Total 382.03 1.1500 35.00 North Seal Beach Community Center - lettering for exterior building sign. Closest LI to Custom Signage City Requesting. Page 2 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Exterior 10 14 19 00 0286 0124 For Polished Finish, Add16 $3,779.48 Installation =x x 3,779.48 FactorUnit PriceQuantity Total 93.90 1.1500 35.00 10 14 23 11 0099 Removal And Reinstallation Of Building Signage, Exterior >4 To 12 SF17 $266.26EA Installation =x x 266.26 FactorUnit PriceQuantity Total 231.53 1.1500 1.00 Removal of Existing Exterior Signage 22 14 26 19 0003 6" Wide Trench Drain x 9" Outlet Section With 3" Bottom Outlet, Nikaloy Top, Heavy-Duty Body Sections, Heavy-Duty Loose Set Grate With Perimeter Drainage Slots 18 $40,917.35EA Installation =x x 40,917.35 FactorUnit PriceQuantity Total 1,186.01 1.1500 30.00 100LF of Trench Drain - 40" sections 22 14 26 19 0003 0173 For Vandal Proof Screws, Add19 $1,673.25EA Installation =x x 1,673.25 FactorUnit PriceQuantity Total 48.50 1.1500 30.00 31 05 16 00 0006 #6 (3/8" To 3/4" Clean) Stone Aggregate Fill20 $498.13CY Installation =x x 498.13 FactorUnit PriceQuantity Total 61.88 1.1500 7.00 Rock Bed Installed on exterior of building 31 05 16 00 0006 0053 For Up To 8, Add21 $99.66 Installation =x x 99.66 FactorUnit PriceQuantity Total 12.38 1.1500 7.00 31 13 13 00 0047 Removal Of 18" To 24" Shrub, Broadleaf Evergreen22 $562.83EA Installation =x x 562.83 FactorUnit PriceQuantity Total 54.38 1.1500 9.00 Remove 9 Plants 31 23 16 36 0032 Spread Excess Or Imported Material And Rough Grade On Site By Hand23 $511.18CY Installation =x x 511.18 FactorUnit PriceQuantity Total 63.50 1.1500 7.00 Install Rock Bed along exterior of building 32 01 11 53 0002 Removal Of 4" Wide Painted Or Epoxy Pavement Striping24 $446.78LF Installation =x x 446.78 FactorUnit PriceQuantity Total 2.59 1.1500 150.00 Remove Existing 32 01 11 53 0002 0532 For Up To 250, Add25 $224.25 Installation =x x 224.25 FactorUnit PriceQuantity Total 1.30 1.1500 150.00 32 17 23 13 0151 Single 4" Wide Solid Line, Painted Pavement Striping For Parking Areas26 $205.28LF Installation =x x 205.28 FactorUnit PriceQuantity Total 1.19 1.1500 150.00 ADA Striping 32 17 23 13 0168 Handicap Symbol For Standard Parking Stalls, Painted Pavement Marking For Parking AreasApproximate overall dimensions : 2-2/3' width x 3' height. White or blue symbol. Excludes striping. 27 $39.04EA Installation =x x 39.04 FactorUnit PriceQuantity Total 33.95 1.1500 1.00 ADA Symbol Standard Page 3 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Exterior 32 17 23 13 0168 0394 For Blue Background With White Symbol, Add28 $31.28 Installation =x x 31.28 FactorUnit PriceQuantity Total 27.20 1.1500 1.00 32 17 23 13 0169 Handicap Symbol For Van Parking Stalls , Painted Pavement Marking For Parking AreasApproximate overall dimensions : 4-1/3' width x 5' height. White or blue symbol. Excludes striping. 29 $59.46EA Installation =x x 59.46 FactorUnit PriceQuantity Total 51.70 1.1500 1.00 ADA Symbol Van 32 17 23 13 0169 0394 For Blue Background With White Symbol, Add30 $66.41 Installation =x x 66.41 FactorUnit PriceQuantity Total 57.75 1.1500 1.00 32 17 23 13 0173 Painted Curb31 $148.35LF Installation =x x 148.35 FactorUnit PriceQuantity Total 2.58 1.1500 50.00 ADA Curb 32 91 13 26 0005 Up To 8" Deep, Prepare And Mix Plant Bed By HandIncludes loosening subgrade, removing stones, sticks, roots, rubbish, and raking surface. Excludes soil amendments. 32 $563.56SF Installation =x x 563.56 FactorUnit PriceQuantity Total 6.05 1.1500 81.00 9 plants 32 93 33 00 0032 2 Gallon Aspidistra elatior - Cast Iron Plant33 $215.18EA Installation =x x 215.18 FactorUnit PriceQuantity Total 20.79 1.1500 9.00 9 Shade Friendly Plants 32 94 13 00 0002 6" Poly/Vinyl Landscape Edging With Non-Round Top34 $734.85LF Installation =x x 734.85 FactorUnit PriceQuantity Total 6.39 1.1500 100.00 Edging for rock bed 32 94 49 00 0032 Woven PP Geotextile Fabric (DeepRoot GT-570)35 $518.65SF Installation =x x 518.65 FactorUnit PriceQuantity Total 0.82 1.1500 550.00 Weed Root Barrier, for rocks/plant beds $77,746.76Subtotal for Exterior HVAC 23 01 30 51 0005 >8 SF Cross Section, Clean Interior Supply/Return DuctworkIncludes sealing registers, grilles, diffusers as required. Excludes cleaning of registers, grilles, diffusers, or other devices. 36 $45.03LF Installation =x x 45.03 FactorUnit PriceQuantity Total 9.79 1.1500 4.00 For Connection of New Ductwork 23 01 30 51 0005 0009 For Exhaust Ductwork, Add37 $11.27 Installation =x x 11.27 FactorUnit PriceQuantity Total 2.45 1.1500 4.00 23 01 30 51 0020 Clean Supply Or Return Fan38 $305.14EA Installation =x x 305.14 FactorUnit PriceQuantity Total 265.34 1.1500 1.00 Blower Motor Fan, to be removed from original motor and installed on new Page 4 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades HVAC 23 01 30 61 0002 Repair, Taping And Sealing Of DuctworkClean, apply sealant and tape39 $75.56SF Installation =x x 75.56 FactorUnit PriceQuantity Total 2.19 1.1500 30.00 Seal Duct Work 23 05 13 00 0151 2 HP, 1,200 RPM, L184T NEMA Cast Iron Frame, Premium Efficient, Severe Duty Motor 40 $2,423.21EA Installation =x x 2,423.21 FactorUnit PriceQuantity Total 2,107.14 1.1500 1.00 Install New Motor Unit#3 23 05 13 00 0258 2 HP Motor Mounting41 $338.63EA Installation =x x 338.63 FactorUnit PriceQuantity Total 294.46 1.1500 1.00 Mount New Motor Unit #3 23 09 23 53 0494 Electronic Programmable Two Heating /Two Cooling Heat Pump Or Conventional Unit Thermostat (Honeywell TH8321) 42 $505.92EA Installation =x x 483.33 FactorUnit PriceQuantity Total 420.29 1.1500 1.00 Demolition x x = 22.59 19.64 1.1500 1.00 Replace Thermostat 23 31 13 13 0005 Seal Class A, Rectangular Or Square, Galvanized Steel Sheet Metal Ductwork43 $2,192.82LB Installation =x x 2,192.82 FactorUnit PriceQuantity Total 18.16 1.1500 105.00 Sheet Metal, Main Supply Duct 23 31 13 13 0005 0079 For Up To 200, Add44 $766.76 Installation =x x 766.76 FactorUnit PriceQuantity Total 6.35 1.1500 105.00 26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 45 $54.21EA Installation =x x 54.21 FactorUnit PriceQuantity Total 47.14 1.1500 1.00 LOTO Equipment #3 $6,718.55Subtotal for HVAC Main Lobby 01 22 23 00 0056 20' Electric, Scissor Platform Lift46 $1,829.24WK Installation =x x 1,829.24 FactorUnit PriceQuantity Total 397.66 1.1500 4.00 Install Ceiling Tile (2) lifts for (2) weeks 01 22 23 00 0169 >2,000 To 5,000 CFM, Portable Air Scrubber47 $2,517.49WK Installation =x x 2,517.49 FactorUnit PriceQuantity Total 547.28 1.1500 4.00 Floor and Restroom Demo (2) for (2) Weeks 01 22 23 00 0173 High Efficiency Particulate Air (HEPA) Filter, 99.99% Efficient At 0.3 Micron For Portable Air Scrubbers 48 $647.96EA Installation =x x 647.96 FactorUnit PriceQuantity Total 281.72 1.1500 2.00 Filter For Air Scrubber, Dust Control 01 56 16 00 0008 6 Mil, Plastic Sheeting, Applied To FloorsIncludes removal after use.49 $1,113.20SF Installation =x x 1,113.20 FactorUnit PriceQuantity Total 0.44 1.1500 2,200.00 6mil Plastic Protect Floors Page 5 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Main Lobby 01 56 16 00 0009 6 Mil, Plastic Sheeting, Applied To WallsIncludes removal after use.50 $2,140.21SF Installation =x x 2,140.21 FactorUnit PriceQuantity Total 0.57 1.1500 3,265.00 6mil Plastic Protect Walls, 8' high 01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy-duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc. 51 $1,759.47EA Installation =x x 1,759.47 FactorUnit PriceQuantity Total 1,529.97 1.1500 1.00 Scissor. Lift 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 52 $1,952.93EA Installation =x x 1,952.93 FactorUnit PriceQuantity Total 849.10 1.1500 2.00 Dumpster for Construction Debris 03 01 30 71 0009 Patch Decks Or Floors With 1/8" To 1/4" Thick Epoxy Cementitious Mortar53 $5,523.11SF Installation =x x 5,523.11 FactorUnit PriceQuantity Total 22.87 1.1500 210.00 Repair, Patch, Level Floor Prior to installation of LVT 08 00 00 00 0014 Seal Beach Community Center (3) 12x6 Glass Window Above Store Front54 $36,352.00 Installation =x x 36,352.00 FactorUnit PriceQuantity TotalNPP 28,400.00 1.2800 1.00 Replace Glass and Framing Above Main Lobby Entrance 08 05 13 00 0051 Removal And Reinstallation Of Door55 $562.52EA Installation =x x 562.52 FactorUnit PriceQuantity Total 97.83 1.1500 5.00 Remove Interior Door to Trim 08 05 13 00 0053 Trim Bottom Of Existing Steel Door For Installation Of Carpet Or TileExcludes removal and reinstallation of door. 56 $595.59EA Installation =x x 595.59 FactorUnit PriceQuantity Total 103.58 1.1500 5.00 Trim Interior Door For Flooring Height 08 71 11 00 2271 Surface Mounted Heavy-Duty Door Closer (LCN 4040XP/4041 Series)57 $3,842.27EA Installation =x x 3,650.39 FactorUnit PriceQuantity Total 634.85 1.1500 5.00 Demolition x x = 191.88 33.37 1.1500 5.00 Replace (5) Door Closers, (1) @ Restroom, (4) Main Lobby 08 71 11 00 2577 Removal And Reinstallation Of Door Lockset, Mortise58 $317.63EA Installation =x x 317.63 FactorUnit PriceQuantity Total 138.10 1.1500 2.00 Paint Office Doors 08 72 43 00 0011 6" Width, 1/4" Height, Aluminum Saddle Threshold (Pemko 272A)59 $1,376.41LF Installation =x x 1,376.41 FactorUnit PriceQuantity Total 49.87 1.1500 24.00 Replace thresholds at door entry to accept new flooring. Page 6 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Main Lobby 08 87 13 00 0005 Low E, Abrasion Resistant, Solar Control Window Film (3M Scotchtint™)60 $9,134.45SF Installation =x x 9,134.45 FactorUnit PriceQuantity Total 16.90 1.1500 470.00 (3) Entrance to Main Lobby, Tint of Store Front and Newly Installed Windows Above 09 01 60 91 0012 Grinding Of Existing Concrete Floor Prior To Installation Of FlooringUp to 1/8" of material per pass 61 $5,001.58SY Installation =x x 5,001.58 FactorUnit PriceQuantity Total 10.48 1.1500 415.00 Grind Floor, Prep for new LVT Flooring 09 01 60 91 0013 Up To 6" Wide, Hand Detail Work/Grinding At Wall Of Existing Concrete Floor Prior To Installation Of FlooringUp to 1/4" of material per pass 62 $11,614.02LF Installation =x x 11,614.02 FactorUnit PriceQuantity Total 19.61 1.1500 515.00 Prep Floor, 6" grind perimeter of rooms where flooring is replaced. 09 01 90 52 0005 Chemical Clean, Brush And Wash, Concrete, Stone And Masonry Surfaces, Surface Preparation 63 $552.00SF Installation =x x 552.00 FactorUnit PriceQuantity Total 0.80 1.1500 600.00 Prep Office CMU for Paint 09 01 90 52 0014 Hand Wash, Minor Repair And Light Sanding Drywall Surfaces , Surface Preparation 64 $434.70SF Installation =x x 434.70 FactorUnit PriceQuantity Total 0.63 1.1500 600.00 Prep Office Drywall for Paint 09 01 90 52 0019 Hand Scraping And Sanding, Metal Surfaces, Surface Preparation65 $143.45SF Installation =x x 143.45 FactorUnit PriceQuantity Total 0.99 1.1500 126.00 Both Sides of Metal Doors, Restroom and both Offices to be painted 09 01 90 52 0019 0333 For >100 To 250, Add66 $50.72 Installation =x x 50.72 FactorUnit PriceQuantity Total 0.35 1.1500 126.00 09 05 71 00 0004 Vinyl, Linoleum, LVT And Vinyl Strip Flooring Acoustical Underlayment (Impacta, Soundseal VC300) 67 $11,840.91SF Installation =x x 11,840.91 FactorUnit PriceQuantity Total 3.08 1.1500 3,343.00 LVT Underlayment 09 51 23 00 0003 12" x 12" x 5/8" Spline Mineral Fiber Acoustical Ceiling Tile68 $25,334.10SF Installation =x x 25,334.10 FactorUnit PriceQuantity Total 7.45 1.1500 2,957.00 Replace 12x12 Ceiling Tile in Main Lobby and Entry Lobby, Install over existing. 09 51 23 00 0003 0102 For Furring 1 x 3 Strips 12" On Center, Add69 $1,700.28SF Installation =x x 1,700.28 FactorUnit PriceQuantity Total 0.50 1.1500 2,957.00 09 51 23 00 0003 0402 For Ceilings >10' High, Add70 $748.12 Installation =x x 748.12 FactorUnit PriceQuantity Total 0.22 1.1500 2,957.00 09 64 33 00 0006 Laminate Floor, With Attached Underlayment, Antique Amber OakAlso comes in Rustic Red Oak. 71 $14,109.13SF Installation =x x 0.00 FactorUnit PriceQuantity Total 15.21 1.1500 0.00 Demolition x x = 14,109.13 3.67 1.1500 3,343.00 Demo Existing Flooring in MPR, Kitchen as well as one office Page 7 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Main Lobby 09 65 13 13 0006 6" High, 1/8" Thick, Type TV Thermoplastic Vinyl Wall Base, All Colors72 $4,006.97LF Installation =x x 3,439.24 FactorUnit PriceQuantity Total 7.33 1.1500 408.00 Demolition x x = 567.73 1.21 1.1500 408.00 Demo and Replace all Vinyl Wall Base 09 65 19 23 0041 3" Wide Resilient Plank Vinyl FlooringKarndean Da Vinci Plank73 $49,208.96SF Installation =x x 49,208.96 FactorUnit PriceQuantity Total 12.80 1.1500 3,343.00 Install LVT Flooring in Hall, Main Lobby, Kitchen, Entry Lobby. Offices and Storage Units with VCT excluded 09 91 23 00 0044 1 Coat Filler, Brush Work, Paint Interior Concrete Block Walls74 $800.40SF Installation =x x 800.40 FactorUnit PriceQuantity Total 1.16 1.1500 600.00 Paint Office CMU (2) Offices 09 91 23 00 0046 2 Coats Paint, Brush Work, Paint Interior Concrete Block Walls75 $1,738.80SF Installation =x x 1,738.80 FactorUnit PriceQuantity Total 2.52 1.1500 600.00 Paint Office CMU (2) Offices 09 91 23 00 0062 1 Coat Paint, Cut-in Brush Work, Paint Interior Plaster/Drywall Walls76 $32.38LF Installation =x x 32.38 FactorUnit PriceQuantity Total 0.16 1.1500 176.00 Paint Office Drywall (2) Offices 09 91 23 00 0066 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls77 $517.50SF Installation =x x 517.50 FactorUnit PriceQuantity Total 0.75 1.1500 600.00 Paint Office Drywall (2) Offices 09 91 23 00 0068 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls78 $1,048.80SF Installation =x x 1,048.80 FactorUnit PriceQuantity Total 1.52 1.1500 600.00 Paint Office Drywall (2) Offices 09 91 23 00 0253 1 Coat Primer, Brush/Roller Work, Paint Interior Metal Door Frame And Trim79 $72.14LF Installation =x x 72.14 FactorUnit PriceQuantity Total 1.23 1.1500 51.00 Paint Restroom Door, and Two Office Doors Trim 09 91 23 00 0255 2 Coats Paint, Brush/Roller Work, Paint Interior Metal Door Frame And Trim80 $156.01LF Installation =x x 156.01 FactorUnit PriceQuantity Total 2.66 1.1500 51.00 Paint Restroom Door, and Two Office Doors Trim 09 91 23 00 0261 1 Coat Paint, Brush/Roller Work, Both Faces, Paint Interior Metal Door81 $376.50EA Installation =x x 376.50 FactorUnit PriceQuantity Total 109.13 1.1500 3.00 Paint Restroom Door, and Two Office Doors 09 91 23 00 0262 2 Coats Paint, Brush/Roller Work, Both Faces, Paint Interior Metal Door82 $685.45EA Installation =x x 685.45 FactorUnit PriceQuantity Total 198.68 1.1500 3.00 Paint Restroom Door, and Two Office Doors Page 8 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Main Lobby 10 26 16 13 0016 6" High, 1" Deep, Flat, Rigid Vinyl Wall Guard With Aluminum Retainer (Pawling WG-6) 83 $880.79LF Installation =x x 880.79 FactorUnit PriceQuantity Total 20.70 1.1500 37.00 Wall Guard for Tables 10 28 13 13 0356 60" x 36", Surface Mounted, Stainless Steel Channel Frame Glass Mirror (Gamco C-60x36) 84 $1,123.39EA Installation =x x 1,057.24 FactorUnit PriceQuantity Total 459.67 1.1500 2.00 Demolition x x = 66.15 28.76 1.1500 2.00 Replace Broken Mirrors (2) 12 24 13 00 0006 0% Openness, Blackout, Polyvinyl Chloride (PVC) Free, Acrylic Backed Polyester, Roller Window Shades 85 $5,154.30SF Installation =x x 4,982.90 FactorUnit PriceQuantity Total 20.06 1.1500 216.00 Demolition x x = 171.40 0.69 1.1500 216.00 Remove and Replace Window Shades above (3) Entrance 12x6 12 24 13 00 0006 0034 For Window Top >10' Above Finished Floor, Add86 $84.46 Installation =x x 84.46 FactorUnit PriceQuantity Total 0.34 1.1500 216.00 26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 87 $54.21EA Installation =x x 54.21 FactorUnit PriceQuantity Total 47.14 1.1500 1.00 LOTO Lighting 26 05 19 16 0402 #12 AWG, 3 Conductors, 600 Volt, Type NM, Copper, Non-Metallic Sheathed Cable 88 $1,278.56MLF Installation =x x 1,278.56 FactorUnit PriceQuantity Total 7,411.97 1.1500 0.15 Wire in switch and (6) new lobby entrance lights 26 51 19 00 0195 2' x 2', 3,200 Lumens, Architectural, Lay-In/Troffer LED Fixture (Cree® ZR22-32LHE-35K-10V) 89 $6,833.90EA Installation =x x 6,504.22 FactorUnit PriceQuantity Total 942.64 1.1500 6.00 Demolition x x = 329.68 47.78 1.1500 6.00 Replacing existing (6) fixtures with LED Fixture 26 51 19 00 0195 0619 For Surface Mount, Add90 $1,303.89 Installation =x x 1,303.89 FactorUnit PriceQuantity Total 188.97 1.1500 6.00 26 51 33 00 0059 Removal And Reinstallation Of Surface Mounted Or Pendant Light Fixture91 $3,657.92EA Installation =x x 3,657.92 FactorUnit PriceQuantity Total 159.04 1.1500 20.00 Remove 20 Fixtures in Main Lobby, Reinstall $220,208.82Subtotal for Main Lobby Restroom 06 11 16 00 0159 2" x 4" Wood Blocking To Wood92 $698.05LF Installation =x x 698.05 FactorUnit PriceQuantity Total 6.07 1.1500 100.00 Blocking for installing fixtures Page 9 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 08 71 11 00 0448 1-3/8" Overall Height, 9/16" Base Height, Satin Nickel Finish, Brass Dome Floor Stop (Ives FS438) 93 $68.85EA Installation =x x 52.30 FactorUnit PriceQuantity Total 45.48 1.1500 1.00 Demolition x x = 16.55 14.39 1.1500 1.00 Replace Floor Door Stop 08 71 11 00 0786 Slide Latch Handle Mechanism For Toilet Stall Partition Doors94 $84.21EA Installation =x x 84.21 FactorUnit PriceQuantity Total 73.23 1.1500 1.00 Toilet partition door 08 71 11 00 2294 Entrance F08 Mortise LocksetLocked with key outside and thumb knob inside.95 $1,410.20EA Installation =x x 1,377.11 FactorUnit PriceQuantity Total 1,197.49 1.1500 1.00 Demolition x x = 33.09 28.77 1.1500 1.00 Men Restroom Door LockSet Replacement 08 71 11 00 2294 0266 For Satin Stainless Steel US32D (BHMA 630) Finish, Add96 $439.40 Installation =x x 439.40 FactorUnit PriceQuantity Total 382.09 1.1500 1.00 09 01 20 91 0008 Tape, Spackle And Finish Gypsum Board To Patch /Finish Small Diameter Holes Or Screw Head Pops 97 $56.64EA Installation =x x 56.64 FactorUnit PriceQuantity Total 1.97 1.1500 25.00 Drywall Repair of holes and small patches 09 01 20 91 0008 0048 For ASTM C840 Level 5 High Quality Finish, Add98 $41.98 Installation =x x 41.98 FactorUnit PriceQuantity Total 1.46 1.1500 25.00 09 01 90 52 0005 Chemical Clean, Brush And Wash, Concrete, Stone And Masonry Surfaces, Surface Preparation 99 $331.20SF Installation =x x 331.20 FactorUnit PriceQuantity Total 0.80 1.1500 360.00 CMU Restroom Walls 09 01 90 52 0005 0327 For >250 To 500, Add100 $70.38 Installation =x x 70.38 FactorUnit PriceQuantity Total 0.17 1.1500 360.00 09 01 90 52 0014 Hand Wash, Minor Repair And Light Sanding Drywall Surfaces , Surface Preparation 101 $521.64SF Installation =x x 521.64 FactorUnit PriceQuantity Total 0.63 1.1500 720.00 Prep Restroom Wall for Paint 09 01 90 52 0014 0327 For >250 To 500, Add102 $66.24 Installation =x x 66.24 FactorUnit PriceQuantity Total 0.16 1.1500 360.00 09 22 36 13 0007 5/8" Thick, Installed On Ceiling, Plaster Base Gypsum Panel103 $1,374.48SF Installation =x x 1,079.71 FactorUnit PriceQuantity Total 3.26 1.1500 288.00 Demolition x x = 294.77 0.89 1.1500 288.00 Demo and Replace Drywall Ceiling in Restroom, required for lighting retrofit. 09 22 36 13 0007 0020 For >100 To 500, Add104 $145.73 Installation =x x 145.73 FactorUnit PriceQuantity Total 0.44 1.1500 288.00 Page 10 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 09 29 10 00 0041 Up To 10' High, Ceilings, Tape, Spackle And Finish Gypsum Board105 $344.45SF Installation =x x 344.45 FactorUnit PriceQuantity Total 1.04 1.1500 288.00 Finish ceiling and prep for paint 09 29 10 00 0041 0043 For >128 To 320, Add106 $82.80 Installation =x x 82.80 FactorUnit PriceQuantity Total 0.25 1.1500 288.00 09 29 10 00 0041 0048 For ASTM C840 Level 5 High Quality Finish, Add107 $255.02 Installation =x x 255.02 FactorUnit PriceQuantity Total 0.77 1.1500 288.00 09 29 10 00 0051 Corner Bead, Galvanized Steel For Gypsum Board108 $335.58LF Installation =x x 335.58 FactorUnit PriceQuantity Total 4.11 1.1500 71.00 Ceiling Perimeter 09 29 10 00 0051 0013 For Up To 100, Add109 $23.68 Installation =x x 23.68 FactorUnit PriceQuantity Total 0.29 1.1500 71.00 09 30 13 00 0004 8" x 8" And Larger Unmounted Ceramic Floor TileIncludes glazed porcelain , unglazed porcelain and glazed ceramic tiles. 110 $5,055.84SF Installation =x x 4,423.45 FactorUnit PriceQuantity Total 13.64 1.1500 282.00 Demolition x x = 632.39 1.95 1.1500 282.00 12'x23.5' Restroom Floor 09 30 13 00 0004 0074 For High-Modulus, Low-Viscosity, High-Strength Chemical Resistant Epoxy Grout, Add 111 $586.98SF Installation =x x 586.98 FactorUnit PriceQuantity Total 1.81 1.1500 282.00 09 30 13 00 0007 8" x 8" And Larger Unmounted Ceramic Wall TileIncludes glazed porcelain , unglazed porcelain and glazed ceramic tiles. 112 $1,720.45SF Installation =x x 1,488.61 FactorUnit PriceQuantity Total 15.41 1.1500 84.00 Demolition x x = 231.84 2.40 1.1500 84.00 84 sq ft wall tile 09 30 13 00 0007 0071 For >50 To 250, Add113 $184.51 Installation =x x 184.51 FactorUnit PriceQuantity Total 1.91 1.1500 84.00 09 30 13 00 0007 0074 For High-Modulus, Low-Viscosity, High-Strength Chemical Resistant Epoxy Grout, Add 114 $200.93SF Installation =x x 200.93 FactorUnit PriceQuantity Total 2.08 1.1500 84.00 09 30 13 00 0012 6" High x 24" Long, Unpolished Ceramic Cove Base (Daltile Portfolio)115 $2,169.36LF Installation =x x 2,169.36 FactorUnit PriceQuantity Total 23.58 1.1500 80.00 Cove Base Tile Perimeter 09 30 13 00 0012 0079 For High-Modulus, Low-Viscosity, High-Strength Chemical Resistant Epoxy Grout, Add 116 $180.32LF Installation =x x 180.32 FactorUnit PriceQuantity Total 1.96 1.1500 80.00 Page 11 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 09 32 13 00 0003 1-1/4" Minimum Thickness Portland Cement Mortar Setting BedFor commercial floors. Includes 15 Lb. felt and wire reinforcement. 117 $2,146.87SF Installation =x x 2,146.87 FactorUnit PriceQuantity Total 6.62 1.1500 282.00 Tile Floor, Mortar, Level and Slope to Drain 09 32 13 00 0004 3/4" Portland Cement Plaster Scratch Coat for WallsIncludes 15 Lb. felt and expanded metal lath. 118 $1,369.88SF Installation =x x 1,369.88 FactorUnit PriceQuantity Total 14.89 1.1500 80.00 Prep Wall for Tile Installation 09 32 13 00 0004 0059 For >50 To 250, Add119 $230.00 Installation =x x 230.00 FactorUnit PriceQuantity Total 2.50 1.1500 80.00 09 39 00 00 0008 3/8" Height, Satin Anodized Aluminum Cove Shaped Transition Profile Trim For Tile (Schluter® Dilex-AHK) 120 $732.32LF Installation =x x 732.32 FactorUnit PriceQuantity Total 7.96 1.1500 80.00 Cove Base Transition, Schluter 09 39 00 00 0018 5/8" Tile Substrate And Building Panel (Schluter® KERDI BOARD)121 $1,042.31SF Installation =x x 1,042.31 FactorUnit PriceQuantity Total 10.79 1.1500 84.00 Tile Wall Substrate 09 39 00 00 0043 5/16" Height, Aluminum Edge Protection Trim For Tile (Schluter® RONDEC)122 $94.94LF Installation =x x 94.94 FactorUnit PriceQuantity Total 6.88 1.1500 12.00 aluminum for all inside and outside corners 09 91 23 00 0044 1 Coat Filler, Brush Work, Paint Interior Concrete Block Walls123 $480.24SF Installation =x x 480.24 FactorUnit PriceQuantity Total 1.16 1.1500 360.00 Paint CMU Wall Filler/Primer 09 91 23 00 0044 0281 For >250 To 500, Add124 $62.10 Installation =x x 62.10 FactorUnit PriceQuantity Total 0.15 1.1500 360.00 09 91 23 00 0046 2 Coats Paint, Brush Work, Paint Interior Concrete Block Walls125 $1,043.28SF Installation =x x 1,043.28 FactorUnit PriceQuantity Total 2.52 1.1500 360.00 Paint CMU Wall 2 Coat 09 91 23 00 0046 0281 For >250 To 500, Add126 $132.48 Installation =x x 132.48 FactorUnit PriceQuantity Total 0.32 1.1500 360.00 09 91 23 00 0062 1 Coat Paint, Cut-in Brush Work, Paint Interior Plaster/Drywall Walls127 $42.32LF Installation =x x 42.32 FactorUnit PriceQuantity Total 0.16 1.1500 230.00 Ceiling line, corners, door frame, fixtures, tile edges of Restroom 09 91 23 00 0062 0280 For >100 To 250, Add128 $13.23 Installation =x x 13.23 FactorUnit PriceQuantity Total 0.05 1.1500 230.00 Page 12 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 09 91 23 00 0066 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls129 $310.50SF Installation =x x 310.50 FactorUnit PriceQuantity Total 0.75 1.1500 360.00 Paint Drywall of Restroom Prime 09 91 23 00 0066 0281 For >250 To 500, Add130 $41.40 Installation =x x 41.40 FactorUnit PriceQuantity Total 0.10 1.1500 360.00 09 91 23 00 0068 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls131 $629.28SF Installation =x x 629.28 FactorUnit PriceQuantity Total 1.52 1.1500 360.00 Paint Drywall of Restroom 2 Coat 09 91 23 00 0068 0281 For >250 To 500, Add132 $82.80 Installation =x x 82.80 FactorUnit PriceQuantity Total 0.20 1.1500 360.00 09 91 23 00 0159 1 Coat Primer, Brush/Roller Work, Paint Interior Drywall/Plaster Ceiling133 $291.46SF Installation =x x 291.46 FactorUnit PriceQuantity Total 0.88 1.1500 288.00 Paint Drywall of Restroom Ceiling Primer 09 91 23 00 0159 0281 For >250 To 500, Add134 $39.74 Installation =x x 39.74 FactorUnit PriceQuantity Total 0.12 1.1500 288.00 09 91 23 00 0161 2 Coats Paint, Brush/Roller Work, Paint Interior Drywall/Plaster Ceiling135 $536.54SF Installation =x x 536.54 FactorUnit PriceQuantity Total 1.62 1.1500 288.00 Paint Drywall of Restroom Ceiling 2 Coat 09 91 23 00 0161 0281 For >250 To 500, Add136 $72.86 Installation =x x 72.86 FactorUnit PriceQuantity Total 0.22 1.1500 288.00 10 21 13 14 0006 60" x 78", Floor Anchored, Stainless Steel, One Compartment Corner Unit, Complete ADA Compliant Toilet Partition 137 $3,527.53EA Installation =x x 3,527.53 FactorUnit PriceQuantity Total 3,067.42 1.1500 1.00 Toilet Partition Replacement for Single ADA Stall 10 21 13 14 0006 0181 For Heavy Gauge Full-Height SS Hinges And Brackets, Add138 $258.28 Installation =x x 258.28 FactorUnit PriceQuantity Total 224.59 1.1500 1.00 10 21 13 14 0030 24" x 58" x 1", Wall Hung And Post Supported, Stainless Steel, Urinal Screen139 $1,157.51EA Installation =x x 1,157.51 FactorUnit PriceQuantity Total 1,006.53 1.1500 1.00 Demo and Install urinal partition in mens bathroom 10 28 13 13 0058 Four Roll, Partition Mounted, Stainless Steel Toilet Tissue Dispenser (Bobrick B-386)Mounts centered through toilet partitions. 140 $395.00EA Installation =x x 395.00 FactorUnit PriceQuantity Total 343.48 1.1500 1.00 Single Toilet Stall Tissue Dispenser Page 13 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 10 28 13 13 0064 20 Fluid Ounce, 6" Spout, Top-Filling Lavatory Mounted, Chrome Plated Soap Dispenser (Bobrick B-82216) 141 $157.25EA Installation =x x 127.49 FactorUnit PriceQuantity Total 110.86 1.1500 1.00 Demolition x x = 29.76 25.88 1.1500 1.00 Demo and Install new Soap Dispenser 10 28 13 13 0099 Surface Mounted, Stainless Steel Sanitary Seat-Cover Dispenser (Bobrick Contura B-4221) 142 $215.77EA Installation =x x 186.01 FactorUnit PriceQuantity Total 161.75 1.1500 1.00 Demolition x x = 29.76 25.88 1.1500 1.00 Demo and Install Seat Cover Dispenser 10 28 13 13 0142 12 Gallon, Surface Mounted, Stainless Steel Combination Folded Paper Towel Dispenser/Waste Receptacle (Bobrick Classic B-3949) 143 $778.99EA Installation =x x 778.99 FactorUnit PriceQuantity Total 677.38 1.1500 1.00 Install Surface Mount Trash Dispenser 10 28 13 13 0171 42" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x42)144 $163.47EA Installation =x x 137.02 FactorUnit PriceQuantity Total 119.15 1.1500 1.00 Demolition x x = 26.45 23.00 1.1500 1.00 Men Restroom ADA Grab Bar 10 28 13 13 0172 48" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x48)145 $170.63EA Installation =x x 144.18 FactorUnit PriceQuantity Total 125.37 1.1500 1.00 Demolition x x = 26.45 23.00 1.1500 1.00 Men Restroom ADA Grab Bar 10 28 13 13 0372 48" x 36", Surface Mounted, Stainless Steel Angle Frame Glass Mirror (Gamco A-48x36) 146 $511.01EA Installation =x x 477.94 FactorUnit PriceQuantity Total 415.60 1.1500 1.00 Demolition x x = 33.07 28.76 1.1500 1.00 removal of existing mirror in mens bathroom and replaced at ADA height 10 28 13 13 0373 72" x 36", Surface Mounted, Stainless Steel Angle Frame Glass Mirror (Gamco A-72x36) 147 $736.48EA Installation =x x 736.48 FactorUnit PriceQuantity Total 640.42 1.1500 1.00 Wall Mounted mirror in men''s bathroom 12 36 61 16 0004 1/2" Thick, Solid Color, Solid Surface Countertop Without BacksplashQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 148 $482.17SF Installation =x x 482.17 FactorUnit PriceQuantity Total 69.88 1.1500 6.00 Install New Sink Countertop 12 36 61 16 0004 0021 For Up To 50, Add149 $157.46 Installation =x x 157.46 FactorUnit PriceQuantity Total 22.82 1.1500 6.00 12 36 61 19 0006 Quartz Agglomerate Countertop End Splash For Quartz Agglomerate Countertops 150 $96.66LF Installation =x x 96.66 FactorUnit PriceQuantity Total 16.81 1.1500 5.00 Backsplash Page 14 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 12 36 61 19 0007 Cutout For Sink And/or Faucet In Quartz Agglomerate Countertop151 $198.46EA Installation =x x 198.46 FactorUnit PriceQuantity Total 172.57 1.1500 1.00 1 Restroom Sink and Faucet 22 01 40 81 0003 Removal And Replacement Of 3/8" Diameter Compression x 1/2" Diameter FIP, Braided Stainless Steel, Supply Lines To Sink/Lavatory 152 $53.80EA Installation =x x 53.80 FactorUnit PriceQuantity Total 23.39 1.1500 2.00 Sink Supply Lines 22 01 40 81 0005 Removal And Replacement Of Single Bowl Sink/Lavatory Drain Line153 $48.84EA Installation =x x 48.84 FactorUnit PriceQuantity Total 42.47 1.1500 1.00 Drain lines for sink 22 11 19 00 0240 3/4" Diameter In x 3/4" Diameter Out, Thermostatic Mixing Valve (Leonard LV-981-RF)For hot water or two pipe low pressure steam. 154 $1,347.77EA Installation =x x 1,347.77 FactorUnit PriceQuantity Total 1,171.97 1.1500 1.00 for mixing valve at restroom sink 22 13 19 13 0003 Bronze Top, 6" Round Top Floor Drain With 2" Outlet155 $1,214.34EA Installation =x x 1,060.44 FactorUnit PriceQuantity Total 922.12 1.1500 1.00 Demolition x x = 153.90 133.83 1.1500 1.00 Replace Floor Drain Restroom 22 13 19 13 0003 0032 For Vandal Proof Screws, Add156 $12.65EA Installation =x x 12.65 FactorUnit PriceQuantity Total 11.00 1.1500 1.00 22 42 13 16 0004 Wall Hung, Washout, Vitreous China Urinal With Top Spud (American Standard Washbrook®) 157 $1,960.50EA Installation =x x 1,687.17 FactorUnit PriceQuantity Total 733.55 1.1500 2.00 Demolition x x = 273.33 118.84 1.1500 2.00 Demo and Install (2) New Urinals 22 42 16 13 0016 19" x 16" Enameled Cast Iron Countertop Lavatory (Kohler® Ellington™)158 $703.56EA Installation =x x 703.56 FactorUnit PriceQuantity Total 611.79 1.1500 1.00 New Lavatory on Countertop 22 42 39 00 0181 Electronic Lavatory Faucet (Chicago Faucet 116.112.AB.1)159 $1,404.05EA Installation =x x 1,297.52 FactorUnit PriceQuantity Total 1,128.28 1.1500 1.00 Demolition x x = 106.52 92.63 1.1500 1.00 Demo and Install New Faucet 22 42 39 00 0205 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558LF) 160 $94.55EA Installation =x x 94.55 FactorUnit PriceQuantity Total 41.11 1.1500 2.00 new angle stops installed in bathroom sink 22 42 39 00 0218 Lavatory Protective Enclosure (IPS Truebro Lav Shield)161 $364.81EA Installation =x x 364.81 FactorUnit PriceQuantity Total 317.23 1.1500 1.00 drain cover for ADA bathroom sink Page 15 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 22 42 43 00 0017 Exposed Battery Powered Water Closet Flush Valve (Sloan Royal Optima 110 Smooth) 162 $746.57EA Installation =x x 703.01 FactorUnit PriceQuantity Total 611.31 1.1500 1.00 Demolition x x = 43.56 37.88 1.1500 1.00 Demo and Install new Sloan Flush Valve (1) Toilet ADA 22 42 43 00 0045 3/4" Diameter Top Spud, Exposed Manual Urinal Flush Valve (Zurn Z6003AV)0.5, 1.0 or 1.5 GPF. 163 $708.56EA Installation =x x 621.44 FactorUnit PriceQuantity Total 270.19 1.1500 2.00 Demolition x x = 87.12 37.88 1.1500 2.00 Demo and Install (2) new urinals 22 43 13 00 0004 Flush Valve Type, Siphon Jet, Floor Mounted, Wall Outlet, Handicap Accessible, Elongated Vitreous China Healthcare Water Closet With Bedpan Holding Rim (American Standard Huron) 164 $1,088.89EA Installation =x x 956.05 FactorUnit PriceQuantity Total 831.35 1.1500 1.00 Demolition x x = 132.84 115.51 1.1500 1.00 Demo and Install New ADA Toilet 23 01 20 91 0040 Shut Down Existing Interior Piping SystemIncludes lock out/tag out and average line tracing. Use when valves are greater than 25' from work. When the shut-off valves for multiple lines are located with a 10' radius, the quantity used shall be one. 165 $291.00EA Installation =x x 291.00 FactorUnit PriceQuantity Total 253.04 1.1500 1.00 prior to demo restroom 23 34 16 00 0257 270 CFM, Ceiling/Wall Mounted, Polymeric Intake Grille, Side Discharge, Light Duty Exhaust Fan Without Light (Broan® 502) 166 $544.12EA Installation =x x 483.89 FactorUnit PriceQuantity Total 420.77 1.1500 1.00 Demolition x x = 60.24 52.38 1.1500 1.00 Ceiling Exhaust Fan Replacement 26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 167 $108.42EA Installation =x x 108.42 FactorUnit PriceQuantity Total 47.14 1.1500 2.00 Restroom Electrical LOTO 26 05 19 16 0402 #12 AWG, 3 Conductors, 600 Volt, Type NM, Copper, Non-Metallic Sheathed Cable 168 $852.38MLF Installation =x x 852.38 FactorUnit PriceQuantity Total 7,411.97 1.1500 0.10 Wire in switch and (4) new can recessed lights 26 05 19 16 0402 0006 For Installation In Wood Stud Wall (Includes Drilling), Add169 $494.45 Installation =x x 494.45 FactorUnit PriceQuantity Total 429.96 1.1500 1.00 26 09 23 00 0147 Ceiling Mount Sensor Coer >500 SF, T-Bar Or Exposed CeilingIncludes one relay, 8' of plenum rated control wire, mounting, j-box. 170 $387.87EA Installation =x x 387.87 FactorUnit PriceQuantity Total 337.28 1.1500 1.00 Ceiling Mounted Occupancy Sensor 26 09 23 00 0152 Wall Switch Replacement Occupancy /Photo Sensor, Single GangIncludes integral occupancy sensor, photosensor and relay. 171 $168.07EA Installation =x x 168.07 FactorUnit PriceQuantity Total 146.15 1.1500 1.00 Install Replacement Wall Switch with Entrance Occupancy Sensor Page 16 of 17 7/20/2026 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:157286.00 N. Seal Beach Community Center Upgrades Restroom 26 27 26 00 0128 20 Amperes, 125 Volt Duplex Ground Fault Circuit Interrupter (GFCI), Specification Grade Tamper Resistant ReceptaclePass & Seymour 2095-TRS. 172 $112.94EA Installation =x x 97.90 FactorUnit PriceQuantity Total 85.13 1.1500 1.00 Demolition x x = 15.04 13.08 1.1500 1.00 Replace GFCI in Restroom 26 27 26 00 0138 1 Gang, 20 Amperes, 120/277 Volt, SPST, Switch Assembly173 $133.20EA Installation =x x 133.20 FactorUnit PriceQuantity Total 115.83 1.1500 1.00 Replace Restroom Switch for New LED Lights 26 27 26 00 0344 Removal And Reinstallation Of Receptacle Or Switch Outlet Cover Plate174 $25.05EA Installation =x x 25.05 FactorUnit PriceQuantity Total 10.89 1.1500 2.00 Switch and GFCI 26 51 16 00 0010 2 T8 Lamps, 1' x 4', Surface Mounted, Wraparound Fluorescent Fixture175 $100.56EA Installation =x x 0.00 FactorUnit PriceQuantity Total 267.03 1.1500 0.00 Demolition x x = 100.56 43.72 1.1500 2.00 Demo Existing Restroom Light Fixture 26 51 19 00 0468 6" Diameter, 8.9 Watt, Can Retrofit, LED Downlight (Lithonia 6BP)176 $662.03EA Installation =x x 662.03 FactorUnit PriceQuantity Total 143.92 1.1500 4.00 (4) LED Can Light Recessed, Restroom Lighting 26 51 19 00 0468 0548 For Recessed IC/Non-IC Rated Housing For New Construction, Add177 $242.10EA Installation =x x 242.10 FactorUnit PriceQuantity Total 52.63 1.1500 4.00 $48,721.22Subtotal for Restroom Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $368,667.53 The Percentage of NPP on this Proposal:9.86% Page 17 of 17 7/20/2026 Contractor's Price Proposal - Detail Subcontractor Listing 157286.00 N. Seal Beach Community Center Upgrades CA-R8-GB-101723-MDJIQC Master Contract #: Work Order #: Owner PO #: Title: Re: July 20, 2026Date: Proposal Value: Contractor: MDJ Management $368,667.53 %DutiesName of Contractor Amount ACCO HVAC 1.80$6,628.00 Eyedeal Interiors Inc LVT Flooring 16.67$61,445.00 Janus Corporation Abatement 1.70$6,270.00 TLALPA Golden Stone Tile Restroom Tile 5.77$21,260.00 Tri-City Glass (3) Store Front Glass 7.70$28,400.00 6.00 Page 1 of 1 7/20/2026 Subcontractor Listing MDJ Management, LLC License # 1044711 DIR # 1000061313 531 Main St. #611 El Segundo CA 90245 310-490-1521 Job Name: N. Seal Beach Community Center Upgrades Phase 2 Location: 3333 St Cloud Dr, Seal Beach, CA 90740 Customer: City of Seal Beach Submission Date: 07/02/2026 Detailed Scope of Work Area 1 – Men's Restroom Renovation ● Complete demolition of existing restroom finishes, fixtures, accessories, partitions, ceiling, lighting, and exhaust fan. ● Install new drywall ceiling and complete patching of walls as required. ● Install new ceramic floor tile, wall tile, cove base, Schluter trim, and associated tile substrate. ● Prepare, prime, and paint CMU walls, drywall walls, drywall ceiling, and existing hollow metal door and frame. ● Install new ADA toilet, flush valve, (2) urinals, lavatory, countertop, faucet, floor drain, mixing valve, angle stops, and associated plumbing trim. ● Install new recessed LED lighting, occupancy sensor, GFCI receptacle, switch, exhaust fan, and associated electrical modifications. ● Install new ADA toilet partition, urinal partition, mirror, grab bars, toilet accessories, door hardware, threshold, and floor stop. Area 2 – Main Lobby ● Remove existing flooring throughout the main lobby, entry lobby, hallways, kitchen. ● Grind and prepare existing concrete slab for installation of new flooring. ● Install luxury vinyl flooring, vinyl wall base, and new aluminum thresholds. ● Replace 12" x 12" acoustical ceiling tiles and remove and replace 20 designated LED light fixtures. ● Prepare, prime, and paint designated office walls, including CMU and drywall surfaces, and paint existing hollow metal doors and frames. ● Remove and replace upper storefront glazing and associated aluminum framing above the three existing entrance storefronts. ● Apply matching window tint to new and existing storefront glazing. ● Replace roller shades, mirrors, and designated door closers. 1 of 3 Area 3 – Exterior Improvements ●Remove existing building sign and install new custom building signage. ●Install French drain complete with excavation, drain rock, geotextile fabric. ●Install decorative landscape rock, edging, weed barrier, and new shade-tolerant plants. ●Remove and replace ADA pavement striping and curb paint at entrance Area 4 – HVAC ●Perform lockout/tagout (LOTO) procedures prior to beginning work. ●Remove and dispose of the existing blower motor. ●Furnish and install one (1) new blower motor, including new mounting hardware as required. ●Furnish and install new sheet metal ductwork required for the motor replacement. ●Seal and repair existing ductwork and connections using approved duct sealant. ●Replace one (1) non-operational thermostat. ●Restore power to the HVAC unit. ●Start up, test, balance as required, and verify proper operation of the completed system. Notes: ●Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost. ●Price includes all labor (Normal Working Hours - Prevailing Wage), materials, equipment to complete this scope of work. ●Asbestos and Lead Report not included in plans ○If area is found to be contaminated additional costs to be incurred ●Construction Exclusions: ○ADA improvements are limited to pavement striping and curb paint only. This proposal excludes modifications to existing sidewalks, curb ramps, accessible routes, grades, and cross-slopes required to achieve ADA compliance. Any required civil improvements to satisfy ADA accessibility requirements shall require further evaluation and be priced separately. All newly installed fixtures and components included within this scope of work, including but not limited to toilets, lavatories, mirrors, grab bars, accessories, and related hardware, shall be installed in accordance with current applicable ADA accessibility requirements. ○Extensive deterioration of the existing concrete slab, concealed water damage, moisture mitigation, or slab waterproofing is excluded. ○Existing work areas shall be cleared by the Owner prior to construction. ○Plumbing work is limited to fixtures and connections serving the renovated restroom. Replacement of existing underground piping, domestic water mains, sanitary sewer mains, or vent systems beyond the immediate work area is excluded. ○Work not specifically identified within this Detailed Scope of Work is excluded. 2 of 3 CLARIFICATIONS AND EXCLUSIONS: ● Warranty ○ One year warranty against workmanship ○ Manufacturer's warranty varies ● We exclude plans, permits, permit fees, related fees, testing and/or testing fees, inspection fees, survey or survey fees, and engineering fees unless specified above ● We exclude utilities and hazardous or contaminated material ● Construction water, power, and sanitary facilities available on site for MDJ’s use at no cost ● We exclude premium time unless specified above ● We exclude anything not specifically mentioned above ● MDJ reserves the right to review, change, and/or delete any provisions of any prime contract or subcontract, which results from this quotation ● All terms to be net 30 days in full upon receipt of invoice. Interest will be charged at the rate of 2% monthly on the unpaid balance. BID PRICE: See Price Proposal All work to be completed in a substantial and workmanlike manner according to standard practices for the sum of See Price Proposal. Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost. Bid price is good for thirty (30) days only. Any controversy or claim based on, arising out of, or relating to this agreement, or breach thereof, including any claim based on the work performed pursuant to this agreement, shall be submitted to the American Arbitration Association for binding arbitration in accordance with its rules. If any arbitration, legal action is brought to enforce this agreement, or arising out of or relating to the agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees and costs incurred, in addition to any and all other relief to which that party may be entitled. Submitted by: Matthew McMillon President MDJ 310.490.1521 matt@buildwithmdj.com 3 of 3 EXHIBIT B CONTRACTOR’S SOURCEWELL CONTRACT (Indefinite Delivery-Indefinite Quantity Construction Contract No. CA-R8- GB13-123021-MDJ dated December 6, 2023 between Sourcewell and MDJ Management, LLC; Indefinite Delivery-Indefinite Quantity Construction Contract General Terms and Conditions; and Agreements to Modify and Extend dated November 14, 2024 and October 30, 2025) Rev. 4/2021 Sourcewell IFB #CA-101723 Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California Page 1 Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-GB-101723-MDJ Service Type: General Building This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and MDJ Management, LLC, 531 Main St, Suite 611, El Segundo, CA 90245 (Contractor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States. The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region. I. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances. II. REGION AND SERVICES The Contractor’s Region is: Region 8. The Contractor’s IDIQ construction service type is: General Building. The Contractor has agreed to perform work outside the Region. III. ADJUSTMENT FACTORS The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information. A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500.           Rev. 4/2021 Sourcewell IFB #CA-101723 Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California Page 2 B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2000. C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500. D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500. E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2800. VI. AUTHORIZED REPRESENTATIVE A. Sourcewell's Authorized Representative is its Chief Procurement Officer. B. The Contractor’s Authorized Representative is Matthew McMillon. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing. Sourcewell MDJ Management, LLC By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: Date:                   AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #CA-R8-GB-101723-MDJ THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB-101723-MDJ, is effective upon the date of the last signature below. Sourcewell and MDJ Management, LLC (“Contractor”) have entered into an Indefinite Delivery-Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-MDJ, with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”). The parties agree to modify and extend the Contract as stated below. CONTRACT MODIFICATION The following is adopted as the new CTC for the Contract effective December 6, 2024: Sourcewell California - Region 8 Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification. EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2024 through December 5, 2025. Sourcewell MDJ Management, LLC By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: Date: Docusign Envelope ID: 7DDBE139-72E0-4A5D-8E63-D5944C7C43EE 11/14/2024 | 8:26 PM CST11/14/2024 | 8:46 PM CST AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #CA-R8-GB-101723-MDJ THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB-101723-MDJ is effective upon the date of the last signature below. Sourcewell and MDJ Management, LLC (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-MDJ with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”). This contract has previously been extended by the parties for the term ending December 5, 2025. The parties agree to modify and extend the Contract as stated below. CONTRACT MODIFICATION The updated CTC will appear in the eGordian software upon receipt of the executed extension document. Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification. EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2025 through December 5, 2026. Sourcewell MDJ Management, LLC By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: Date: Docusign Envelope ID: D48A8846-94C3-4C41-B8DF-C73F987F7205 10/29/2025 | 3:16 PM CDT 10/30/2025 | 6:21 PM CDT EXHIBIT C CONTRACT #012-26011073 FOR PUBLIC FACILITIES & IMPROVEMENTS, NORTH SEAL BEACH COMMUNITY CENTER IMPROVEMENTS PHASE 2, BETWEEN OC COMMUNITY RESOURCES AND CITY OF SEAL BEACH (“COUNTY CDBG SUBRECIPIENT AGREEMENT”) County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 1 of 48 City of Seal Beach Contract MA 012-26011073 For Public Facilities & Improvements, North Seal Beach Community Cener Improvements Phase 2 Between OC Community Resources And City of Seal Beach Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 2 of 48 City of Seal Beach CONTRACT MA 012-26011073 BETWEEN COUNTY OF ORANGE AND City of Seal Beach FOR Public Facilities & Improvements North Seal Beach Community Center Improvements Phase 2 This Contract MA 012-26011073 for Public Facilities & Improvements, North Seal Beach Community Center Improvements Phase 2 (Contract) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (“County”), and City of Seal Beach, DUNS #060752607 and Unique Entity ID # J2JWJVWQ8EA6 , a California Municipality, with a place of business at 211 Eighth Street, Seal Beach, CA 90740 (hereinafter referred to as “Subrecipient”), with County and Subrecipient sometimes referred to as “party” or collectively as “parties”. ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract: Attachment A – Scope of Work Attachment B – Payment and Compensation Attachment C - Budget Schedule Attachment D - Staffing Plan Attachment E - Performance Standards Attachment F – U.S. Department of Housing and Urban Development Office of Community Planning and Development Federal Award Agreement for Community Development Block Grant Program RECITALS WHEREAS, Subrecipient and County are entering into this Contract for Public Facilities & Improvements, North Seal Beach Community Center Improvements Phase 2 under a cost reimbursement Contract that will be funded by Community Development Block Grant funds according to the grant terms in the U.S. Department of Housing and Urban Development Office of Community Planning and Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 3 of 48 City of Seal Beach Development Federal Award Agreement for Community Development Block Grant Program (“CDBG Grant Agreement”); and, WHEREAS, County solicited Contract for Public Facilities & Improvements as set forth herein, and Subrecipient represented that it is qualified to provide Public Facilities & Improvements to the County as further set forth here; and, WHEREAS, Subrecipient agrees to provide Public Facilities & Improvements to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as Attachment D; and WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in attached hereto as Attachment E; and WHEREAS, Subrecipient agrees to meet the U.S. Department of Housing and Urban Development Office of Community Planning and Development Federal Award Agreement for Community Development Block Grant Program requirements set forth in attached hereto as Attachment F; and WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Public Facilities & Improvements, North Seal Beach Community Center Improvements Phase 2 with the Subrecipient; and, NOW, THEREFORE, the Parties mutually agree as follows: ARTICLES GENERAL TERMS AND CONDITIONS 1. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 4 of 48 City of Seal Beach 2. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Procurement Agent or designee. 3. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. 4. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Subrecipients shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Subrecipient. 5. Delivery: Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Subrecipient’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County. 6. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance. 7. Warranty: Subrecipient expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 5 of 48 City of Seal Beach upon Subrecipient’s part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnification section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. 8. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees. 9. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. 10. Non-Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code. 11. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Subrecipient. Exercise by County of its right to terminate Contract shall relieve County of all further obligation. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 6 of 48 City of Seal Beach 12. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 13. Independent Contractor: Subrecipient shall be considered an independent Contractor and neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind through County. 14. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services furnished by Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors. 15. Changes: Subrecipient shall make no changes in the work or perform any additional work without County’s specific written approval. 16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Subrecipient’s duties and obligations contained in this Contract and complete them to the satisfaction of the County. Notwithstanding other notice or termination provisions contained herein, County reserves the right to immediately terminate this Contract, as of the date on which the County provides written determination of termination of this Contract under this provision anytime upon or after assignment, in the event that the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services or commodities under this Contract. In the event of an immediate termination under this provision, the Subrecipient shall promptly refund the County an amount equal to the pro rata portion of any charges the County paid in advance for any remaining portion of the Contract after the date of termination. Likewise, the County shall not be liable for payment for any remaining services not yet Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 7 of 48 City of Seal Beach provided and accepted by the County under this Contract after the date of termination for any payments to be made in arrears pursuant to the terms of the Contract. 17. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies. 18. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient’s staff, agents and employees. 19. Compliance with Laws: Subrecipient represents, warrants, and covenants that services to be provided under this Contract shall fully comply, at Subrecipient’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, regulations, program requirements, and grant terms including, but not limited to, Attachment F (the CDBG Grant Agreement) that is hereby incorporated herein by reference, and applicable executive orders (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. Subrecipient shall remain in compliance and in good standing, maintaining current and active business entity and/or nonprofit registration status, with all applicable federal, state and local registration requirements at the time of execution of the contract through the duration of the term of the Contract, and shall provide annual confirmation of current and active status to County through the term of the Contract. 20. Freight: Prior to County’s express acceptance of delivery of products. Subrecipient assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 8 of 48 City of Seal Beach 21. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 22. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses. 23. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. 24. Employee Eligibility Verification: Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Subrecipient shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Subrecipient shall retain all such documentation for all covered employees for the period prescribed by the law. Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Subrecipient or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 25. Audits/Inspections: Subrecipient agrees to permit County’s Auditor-Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 9 of 48 City of Seal Beach limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection. County reserves the right to audit and verify Subrecipient’s records before final payment is made. Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract. Should Subrecipient cease to exist as a legal entity, Subrecipient’s records pertaining to this Contract shall be forwarded to County’s project manager. 26. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. 27. Expenditure Limit: Subrecipient shall notify County of Orange assigned Deputy Procurement Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued. 28. California Public Records Act: Subrecipient and County agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Subrecipient shall not respond to any California Public Records Act request directed at County; all responses shall be handled by County. INDEMNIFICATION AND INSURANCE PROVISIONS 29. Indemnification Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract. If judgment is entered against Subrecipient and County by a court Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 10 of 48 City of Seal Beach of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Subrecipient of any insurance requirements of obligations created elsewhere in this Contract. 30. General Insurance Requirements Prior to the provision of services under this Contract, the Subrecipient agrees to carry all required insurance at Subrecipient’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Subrecipient agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract. Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall be covered under Subrecipient’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Subrecipient through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to require current audited financial reports from Subrecipient. If Subrecipient is self-insured, Subrecipient will indemnify the County for any and all claims resulting or arising from Subrecipient’s services in accordance with the indemnity provision stated in this contract. If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Subrecipient shall provide the minimum limits and coverage as set forth below. Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 11 of 48 City of Seal Beach All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment. Subrecipient shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Subrecipient fails to provide the insurance certificates and endorsements within ten (10) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor. County expressly retains the right to require Subrecipient to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Subrecipient in writing of changes in the insurance requirements. If Subrecipient does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Subrecipient, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. 31. Commercial General Liability Minimum limits and coverage $1,000,000 per occurrence; $2,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: A. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 12 of 48 City of Seal Beach B. A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Subrecipient's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing. The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy). 32. Automobile Liability including coverage for owned, non-owned and hired vehicles Minimum limits and coverage $1,000,000 per occurence Required Coverage Forms The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. 33. Workers' Compensation Minimum limits and coverage Statutory Required Endorsements The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees or provide blanket coverage, which will state As Required by Written Contract. 34. Employers Liability Insurance Minimum limits and coverage $1,000,000 per accident or disease 35. Network Security & Privacy Liability Minimum limits and coverage $1,000,000 per claims-made Required Endorsements The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance: A. An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents, and employees as Additional Insureds for its vicarious liability. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 13 of 48 City of Seal Beach B. A primary and non-contributory endorsement evidencing that the Subrecipient’s insurance is primary, and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. If Subrecipient's Network Security & Privacy Liability is a "Claims-Made" policy, Subrecipient shall agree to the following: A. The retroactive date must be shown and must be before the date of the contract or the beginning of the Contract services. B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services. C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Subrecipient must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract. 36. Professional Liability Minimum limits and coverage $1,000,000 per claims-made or occurrence; $1,000,000 aggregate Required Endorsements If Subrecipient's Professional Liability is a "Claims-Made" policy, Subrecipient shall agree to the following: A. The retroactive date must be shown and must be before the date of the contract or the beginning of the Contract services. B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services. C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Subrecipient must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract. 37. Sexual Misconduct Minimum limits and coverage $1,000,000 per occurrence Required Endorsements If Subrecipient's Sexual Misconduct is a "Claims-Made" policy, Subrecipient shall agree to the following: Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 14 of 48 City of Seal Beach A. The retroactive date must be shown and must be before the date of the contract or the beginning of the Contract services. B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services. C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Subrecipient must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract. 38. Employee Dishonesty (Client Coverage) Minimum limits and coverage $100,000 per occurence Required Endorsements The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance. ADDITIONAL TERMS AND CONDITIONS 39. Scope of Contract: This Contract specifies contractual terms and conditions by which County will procure Public Facilities & Improvements from Subrecipient as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”. 40. Term of Contract: The initial term of this Contract shall become effective Wednesday, July 1, 2026 and shall continue for one (1) calendar year, unless otherwise terminated as provided herein. This Contract may be renewed as set forth in Article titled "Renewal" below. 41. Renewal: This contract shall not be renewed unless otherwise approved by the County Board of Supervisors. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 15 of 48 City of Seal Beach 42. Maximum Obligation: The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $382,500, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the Budget Schedule, identified and incorporated herein by this reference as Attachment “C”. 43. Adjustments – Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of County assigned Deputy Procurement Agent (DPA). 44. Amendments - Changes/Extra Work: The Subrecipient shall make no changes to this Contract without the County’s written consent. In the event that there are new or unforeseen requirements, the County has the discretion with the Subrecipient’s concurrence, to make changes at any time without changing the scope or price of the Contract. If County-initiated changes or changes in laws or government regulations affect price, the Subrecipient’s ability to deliver services, or the project schedule, the Subrecipient will give County written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Subrecipient was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set forth or as previously amended in this Contract. 45. Bills and Liens: Subrecipient shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Subrecipient shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Subrecipient shall promptly procure its release and, in accordance with the requirements of Article “Indemnification” above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 46. Breach of Contract: The failure of Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: A. Terminate Contract immediately, pursuant to the General Terms and Conditions section, "Termination" Article herein; Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 16 of 48 City of Seal Beach B. Afford Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; C. Discontinue payment to the Contactor for and during the period in which Subrecipient is in breach; and D. Offset against any monies billed by Subrecipient but yet unpaid by County those monies disallowed pursuant to the above. 47. Civil Rights: Subrecipient attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 48. Conflict of Interest – Subrecipient’s Personnel: Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Subrecipient, Subrecipient’s officers, directors, employees, agents, and subcontractors associated with accomplishing work and services hereunder. Subrecipient’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County. Subrecipient shall notify County, in writing, of any potential or actual conflicts of interest between Subrecipient and County that may arise prior to, or during the period of, Contract performance, including, but not limited to, whether any known County public officer’s child is an officer or director of, or has an ownership interest of ten (10) percent or more in, Subrecipient. While Subrecipient will be required to provide this information without prompting from County any time there is a change regarding conflict of interest, Subrecipient must also provide an update to County upon request by County. 49. Conflict of Interest – County Personnel: County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose. 50. W-9/W-8 Requirements: Department of the Treasury, Internal Revenue Service Form W-9 Requirement: Effective June 3, 2006, all Subrecipients, entering into a contract with the County, who are not already established in the County Financial System as an Auditor-Controller Vendor, will be required to submit to Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 17 of 48 City of Seal Beach the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Subrecipient, at the time of award, if the Form W-9, or W-8, will be required. A. In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected Subrecipient agrees to furnish to the contract administrator, the County DPA, the required W-9 or W-8. Out of State Vendors may be required to submit a 587/590 Form. 51. Subrecipient’s Project Manager and Key Personnel: Subrecipient shall appoint a Project Manager to direct Subrecipient’s efforts in fulfilling Subrecipient’s obligations under this Contract. This Project Manager shall be subject to approval by County and shall not be changed without the written consent of County’s Project Manager, which consent shall not be unreasonably withheld. Subrecipient’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project time lines. County’s Project Manager shall have the right to require the removal and replacement of Subrecipient’s Project Manager from providing services to County under this Contract. County’s Project manager shall notify Subrecipient in writing of such action. Subrecipient shall accomplish the removal within five (5) business days after written notice by County’s Project Manager. County’s Project Manager shall review and approve the appointment of the replacement for Subrecipient’s Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under Contract. 52. Subrecipient Personnel – Reference Checks: Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract. 53. Conditions Affecting Work: Subrecipient shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 18 of 48 City of Seal Beach 54. Data – Title To: All materials, documents, data or information obtained from County data files or any County medium furnished to Subrecipient in the performance of this Contract will at all times remain the property of County. Such data or information may not be used or copied for direct or indirect use by Subrecipient after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract. 55. Default – Re-Procurement Costs: In case of Contract breach by Subrecipient, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Subrecipient will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due Subrecipient. The price paid by County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. 56. Licenses: At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity. 57. Disputes – Contract: The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient’s Project Manager and the County‘s Project Manager, as specified in Article titled “Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process: A. The Subrecipient shall submit to the agency/department assigned Deputy Procurement Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. B. The Subrecipient’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Subrecipient believes County is liable. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of commodities Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 19 of 48 City of Seal Beach and/or provision of services. Subrecipient’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Procurement Agent or his designee. If County fails to render a decision within 90 days after receipt of Subrecipient’s demand, it shall be deemed a final decision adverse to Subrecipient’s contentions. Nothing in this section shall be construed as affecting County’s right to terminate Contract for cause or termination for convenience as stated in Article "Termination" herein. 58. Drug-Free Workplace: Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Subrecipient will: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The organization's policy of maintaining a drug-free workplace 3. Any available counseling, rehabilitation and employee assistance programs; and 4. Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: 1. Will receive a copy of the company's drug-free policy statement; and 2. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred: 1. Subrecipient has made false certification, or 2. Subrecipient violates the certification by failing to carry out the requirements as noted above. 59. EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom County pays Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 20 of 48 City of Seal Beach $600 or more or with whom County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department website located at http://www.edd.ca.gov/Employer_Services.htm The failure of Subrecipient to timely submit the requested data shall constitute a material breach and grounds for termination of this Contract. 60. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Subrecipient shall service County during such an emergency or declared disaster under the same terms and conditions that apply during non- emergency/disaster conditions. The pricing quoted by Subrecipient shall apply to serving County’s needs regardless of the circumstances. If Subrecipient is unable to supply the goods/services under the terms of Contract, then Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from Subrecipient’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Subrecipient shall show both the emergency purchase order number and Contract number. 61. Error and Omissions: All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary, and Subrecipient shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Subrecipient’s reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient’s reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 21 of 48 City of Seal Beach 62. Equal Employment Opportunity: Subrecipient shall comply with applicable state and federal regulations as may now exist or be amended in the future. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 63. Non-Supplantation of Funds: Subrecipient shall not supplant any Federal, State, or County funds intended for the purposes of this Contract with any funds made available under this Contract. Subrecipient shall not claim reimbursement from County for, or apply sums received from County with respect to, that portion of its obligations which have been paid by another source of revenue. Subrecipient agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for the purposes of obtaining Federal, State, or County funds under any Federal, State, or County program without prior written approval from the County. 64. Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of County. County’s staff will interpret all reports and determine the quality, acceptability and progress of the services rendered. 65. Access and Records: A. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient’s activities, books, documents and papers (including computer records and emails) and to records of Subrecipient’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 22 of 48 City of Seal Beach and a subcontractor that is pursuant to this Contract shall require the subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Director which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained. B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient’s office or place of business for the duration of this Contract and thereafter for five (5) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the five (5) years until final resolution or disposition of such appeals, litigation, claims, or exceptions. C. Liability. Subrecipient shall pay to County the full amount of County’s liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient’s failure to perform under this Contract. 66. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and articles, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof. 67. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties. 68. Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this contract. The County’s Project Manager and the Subrecipient’s Project Manager will meet on reasonable notice to discuss the Subrecipient’s performance and progress under this Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 23 of 48 City of Seal Beach Contract. If requested, the Subrecipient’s Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract. 69. News/Information Release: Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County’s Project Manager. 70. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. 71. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted or otherwise delegated by Subrecipient, in whole or in part, without first obtaining the prior express written consent of County. Any attempt by Subrecipient to subcontract or delegate any performance of this Contract without the prior express written consent of County shall be invalid and shall constitute a material breach of this Contract, and any attempted assignment or delegation in derogation of this paragraph shall be void. In the event that Subrecipient is authorized by County to subcontract, this Contract shall take precedence over the terms of the agreement between Subrecipient and subcontractor, and any agreement between Subrecipient and a subcontractor shall incorporate by reference the terms of this Contract. Subrecipient shall remain responsible for the performance of this Contract and indemnification of County notwithstanding the County’s consent to Subrecipient’s request for approval of a subcontractor. Under no circumstances shall County be required to directly monitor the performance of any subcontractor. All work performed by a subcontractor must be monitored by Subrecipient and must meet the approval of the County of Orange pursuant to the terms of this Contract. 72. Termination – Orderly: After receipt of a termination notice from County of Orange, Subrecipient may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Subrecipient. Upon termination County agrees to pay Subrecipient for all services performed prior to termination which meet the requirements of Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 24 of 48 City of Seal Beach 73. Usage: No guarantee is given by County to Subrecipient regarding usage of this Contract. Usage figures, if provided, are approximations. Subrecipient agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested. 74. Usage Reports: Subrecipient shall submit usage reports on an annual basis to the assigned Deputy Procurement Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable. 75. Project Manager, County: The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient. The County’s Project Manager shall have the right to require the removal and replacement of the Subrecipient’s Project Manager and key personnel. The County’s Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient’s Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under the Contract. 76. Permits and Licenses: Subrecipient shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Subrecipient’s obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations. 77. Inventory: County has an ongoing requirement for the commodities indicated in this Contract. Subrecipient shall maintain a reasonable stock on hand of all commodities for delivery upon request. 78. Order Dates: Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 25 of 48 City of Seal Beach 79. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid. Subrecipient: City of Seal Beach Attn: TBD Address: 211 Eighth Street, Seal Beach, CA 90740 Phone: TBD Email: TBD County's Project Manager: OC Community Resources Attn: Francisco Padilla Address: 1501 E St Andrew Place Santa Ana, CA 92701 Phone: (714) 480-2996 Email: Francisco.Padillajr@occr.ocgov.com cc: OC Community Resources/Procurement Services Attn: Nina Campmas, County DPA Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 26 of 48 City of Seal Beach Address: 601 N. Ross St. Santa Ana, CA 92701 Phone: (657) 973-6827 Email: nina.campmas@occr.ocgov.com 80. Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County. 81. County Branding Requirements – Publicity, Literature, Advertisement and Social Media: A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County’s name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without County’s prior written consent is expressly prohibited. B. Contractor may develop and publish information related to this Contract where all of the following conditions are satisfied: 1. Contract Administrator/assigned Deputy Purchasing Agent provides its written approval of the content and publication of the information at least 30 days prior to Contractor publishing the information, unless a different timeframe for approval is agreed upon by the Contract Administrator/assigned Deputy Purchasing Agent; 2. Unless directed otherwise by Contract Administrator/assigned Deputy Purchasing Agent, the information includes a statement that the program, wholly or in part, is funded through County, State and Federal government funds [funds identified as applicable]; 3. The information does not give the appearance that the County, its officers, employees, or agencies endorse: a. any commercial product or service; and, b. any product or service provided by Contractor, unless approved in writing by Contract Administrator/assigned Deputy Purchasing Agent; and, 4. If Contractor uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Contractor shall develop social media policies and procedures and have them Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 27 of 48 City of Seal Beach available to the Contract Administrator/assigned Deputy Purchasing Agent. Contractor shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies. ADDITIONAL TERMS AND CONDITIONS - HUD/CDBG 82. DEBARMENT Subrecipient certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part 98. 83. LOBBYING A. Subrecipient shall complete and immediately forward to the County’s Project Manager the “Disclosure of Lobbying Activities" , a copy of which is attached hereto and incorporated herein by this reference, if subrecipient, or any person, firm or corporation acting on Subrecipient’s behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by subrecipient pursuant to this Contract. B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. 84. FRAUD Subrecipient shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County’s Anti-Fraud Program can be accessed through: http://ocgov.com/gov/risk/programs/antifraud. 85. FISCAL ACCOUNTABILITY A. Financial Management System: Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following: 1. Information pertaining to the line items as identified in the "Budget Schedule" to this Contract; 2. Source documentation to support accounting records; and 3. Proper charging of costs and cost allocation. B. Subrecipient’s Record: Subrecipient’s records shall be sufficient to: 1. Permit preparation of required reports; Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 28 of 48 City of Seal Beach 2. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; 3. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and 4. Permit tracking and reporting of leveraging as required. C. Costs Charged: Cost shall be charged to this Contract only in accordance with the County and other requirements as required by funding source(s). 86. PERFORMANCE STANDARDS Subrecipient shall comply with and adhere to the performance accountability standards as described in this Contract and applicable regulations and the activity levels to be utilized by County for program evaluation and monitoring included, but not limited to those listed in the "Performance Standards" attached hereto and incorporated herein by reference. 87. BUDGET SCHEDULE Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the "Budget Schedule", a copy of which is attached hereto, and which by this reference is incorporated herein and made a part hereof as if fully set forth. 88. PAYMENT REQUIREMENTS If funding levels are significantly affected by state or federal budget and funds are not allocated and available for the continuance of the function performed by Subrecipient, the Contract may be terminated by the County at the end of the period for which funds are available. The County shall notify Subrecipient at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised and the County shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the County to expend or as involving the County in any Contract or other obligation for future payment of money in excess of appropriations authorized by law. A. Contract Amount: It is expressly agreed and understood that the total amount to be paid by County under this Contract shall not exceed the total County funding as set forth in the "Payment/Compensation" to Subrecipient attached hereto and incorporated herein by reference. B. County will reclaim any unused balance of funds for reallocation to other County approved projects. C. Payment of Project Activities: 1. Payment of Project Activities: County will reimburse Subrecipient for eligible project-related costs only. Subrecipient shall submit requests for reimbursement to County on a monthly basis beginning on August 1, 2026, and must provide adequate documentation as required by County in accordance with the "OC Community Resources Contract Reimbursement Policy" Exhibit, attached hereto and incorporated herein by reference. In addition, Subrecipient will provide a progress Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 29 of 48 City of Seal Beach Grantee Performance Report (“GPR Information Form”) for the time period covered, as prescribed by County. Failure to provide any of the required documentation and reporting will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation and reporting has been received and approved by County. 2. If Subrecipient has no request for reimbursement during any quarter during the term of this Contract, a GPR Information Form, including and explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement. 3. The following “Required Expenditure Threshold” criteria have been established to guide the Subrecipient in structuring and scheduling their expenditure of funds received through this Contract, through term of Contract. The criteria thresholds are consistent with the criteria used by OC Community Resources to determine performance including, but not limited to, determinations of future award of funds, additional funding requests and/or determinations for the recapture of funding. *Milestone Date Minimum Required Expenditure Threshold January 15, 2027 50% of Contracted Amount Expended February 15, 2027 70% of Contracted Amount Expended March 15, 2027 80% of Contracted Amount Expended June 30, 2027 100% of Contracted Amount Expended Failure to achieve at least the aforementioned 50% drawdown, without extenuating circumstances, may cause any remaining balance in this Contract to be reclaimed by County, and will negatively affect future funding to Subrecipient. Failure to achieve the aforementioned 80% drawdown goal, without written exception approved by the Director, may cause any remaining balance in this Contract to be reclaimed by County, and will impact future funding to Subrecipient. 4. In addition to the “Required Expenditure Threshold” milestones listed above, PF&I projects must complete the design of the project by September 30th and solicitation process by November 15th of the program year, or the Subrecipient will not be eligible for a new award for one year. If a project’s performance does not satisfy the Required Expenditure Threshold milestones and other deadlines above, the County will have the right to cancel all, or a portion of, the Contract, and recapture the remaining funds from Recipient by sending a written request for repayment to Subrecipient, and allocate such funds to other performing projects. In the event Subrecipient fails to satisfy the Required Expenditure Threshold milestones and other deadlines above, Subrecipient shall promptly repay all unexpended funds to the County within 30 days of receipt of the County’s written request for repayment.5. Subrecipient will have forty-five (45) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period. After the forty-five (45) day period for submitting invoices has expired, County shall reallocate the remaining balance under this Contract for other program purposes and Subrecipient shall be ineligible for any further reimbursement. D. Funds shall not be disbursed for any costs incurred prior to the certification by County and/or HUD of Certificate(s) of Insurance as further defined in the “Insurance Requirements” Paragraph of this Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 30 of 48 City of Seal Beach E. Eligible costs related to services provided by Subrecipient must be incurred during the period beginning July 1, 2026. The Project shall be completed, and all funds provided through this Contract shall be expended on eligible Project activities through and including June 30, 2027. 1. Public Facilities & Improvements Contracts. a. Subrecipient may be eligible to request additional funding up to the maximum set forth as identified in County policy if Subrecipient meets or exceeds any one of the Minimum Required Expenditure Thresholds at 50%, 70% or 80% on or prior to the milestone date as set forth in the " Payment Requirements" Paragraph of this Contract. b. If additional funding is available for allocation to Subrecipient, and the basic goals and objectives of the program are not altered, Subrecipient and County shall amend the Subrecipient Scope of Services component of this Contract. Furthermore, Subrecipient shall demonstrate to the satisfaction of County that the required Performance Expenditure and Accomplishment Thresholds set forth in the " Performance" Paragraph will continue to be met before such extension and additional allocation shall be granted. 2. Contract Extension (No Cost Extension) a The term of this Contract and the provisions herein may be extended to cover an additional time period as specified herein. b The date for Project completion, the term of the Contract, and expenditure of all funds may be extended by the Director without further action by the Board as identified in County policy. Subrecipient must notify the Director in writing 45 days prior to June 30, 2027, to request an extension. For all extensions, the deadline for submittal of invoices shall be forty-five (45) days after the new expiration date. c Contract extension provisions are not applicable to program administration activities. 3. Public Services Contracts cannot be extended. F. County and Participating Cities previously entered into a Cooperation Agreement effective July 1, 2025 as amended, in which both Parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities. G. Metropolitan Cities with populations of over 50,000, are eligible to participate in the Community Planning and Development (“CPD”) program funds directly from HUD and have opted to participate in the CPD programs through the County’s Urban County Program as a metropolitan city. 89. MODIFICATION OF BUDGET Upon written approval of County, Subrecipient shall have the authority to transfer allocated program funds from one category of the overall program Budget to another category of the overall Budget. No such transfer may be made without the express prior written approval of County. A modification of the Budget may include the addition of any new Budget category. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 31 of 48 City of Seal Beach 90. ANNUAL AUDIT If Subrecipient expends Federal funds in a fiscal year which equal or exceed $1,000,000 (one million dollars) as specified in 2 CFR Part 200.500- Subpart F-Audit Requirements, Subrecipient shall cause an audit to be prepared by a Certified Public Accountant (“CPA”) who is a member in good standing with the American Institute of Certified Public Accountants (“AICPA”) of the California Society of CPA’s. The audit must be performed annually in accordance with Generally Accepted Auditing Standards (“GAAS”) authorized by the AICPA and Federal laws and regulations governing the programs in which it participates. Furthermore, County retains the right to require Subrecipient to submit similarly prepared audit at Subrecipient’s expense even in instances when Subrecipient’s expenditure is less than $1,000,000. Subrecipient will be required to identify corrective action taken in response to any findings identified by CPA related to their funded activity or program. Subrecipient will ensure an annual financial audit is performed in compliance with the Federal Single Audit Act and will submit two (2) copies of such audit report, including a copy of the management letter, to County within six (6) months of the end of each Contract year in which Subrecipient has received federal funding (i.e., July 1 – June 30). Failure to meet this requirement may result in County denying reimbursement of funds to Subrecipient, as well as future funding qualification. Subrecipients, which are exempt from statutory audit requirements, shall maintain records, which are available for review by County or Federal officials. Subrecipient acknowledges that any and all “Financial Statements” submitted to County pursuant to this Contract become public records and are subject to public inspection pursuant to the California Public Records Act (Section 6250 et seq. of the California Government). 91. UEI AND D-U-N-S NUMBERS AND RELATED INFORMATION UEI and D-U-N-S Numbers: A unique, non-indicative 12-and 9 digit identifiers issued and maintained by SAM.gov and the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The UEI and D- U-N-S Numbers are needed to coordinate with the System for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov The UEI and D-U-N-S Numbers must be provided to County prior to the execution of this Contract. Subrecipient shall ensure all UEI and D-U-N-S information is up to date and the UEI and D-U-N-S Numbers status is “active,” prior to execution of this Contract. If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accountability and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required. If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accounting and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required. The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 32 of 48 City of Seal Beach 92. PROGRAM INCOME A. Subrecipient shall comply with regulations, as well as all applicable State or County regulations concerning the reporting and payment procedures for program income. B. Definition: “Program Income” means, as provided by 24 CFR § 570.504, gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. C. Use. The Subrecipient shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Contract. D. All Program Income accrued shall be returned to County on a quarterly basis prior to Subrecipient receiving any reimbursement from grant funds provided under this Contract. E. Subrecipient shall provide information of the receipt of Program Income by Subrecipient related to this Contract on all GPR Information Forms submitted with requests for reimbursement. F. Subrecipient shall complete and submit a Year-End Program Income letter, indicating amount of Program Income and include any reimbursement remittance necessitated therein, by July 15, after the close of the Contract fiscal year. 93. PERFORMANCE A. Subrecipient shall provide the oversight, administration, and project management necessary to accomplish all contracted activities in a timely manner. Subrecipient also agrees to comply with all applicable Federal, State, and local laws and regulations, executive orders, and CDBG Grant Agreement terms governing the funds provided under this Contract. B. Subrecipient shall comply with all applicable HUD regulations, as described in the “Federal Administrative and Related Requirements” Paragraph of this Contract, concerning administrative requirements and maintain records as to services provided and total number of persons served through the project, including but not limited to, population-served analysis (i.e., extremely-low income persons, very-low income persons, and low-income persons as defined by HUD). Such information shall be available for periodic monitoring by representatives of County or HUD and shall be submitted by Subrecipient in report form to County by dates specified by County. C. The following “Performance Threshold” criteria shall be used to assess the level of performance of the Subrecipient, including the "Scope of Services", attached hereto and incorporated herein by reference. Furthermore, the criteria will be considered by OC Community Resources when determining future funding. In order to be considered in compliance with the performance threshold criteria, the Subrecipient must, on or before the required milestone date, submit to OC Community Resources a request for reimbursement which demonstrates that Subrecipient has expended funds and met their proposed accomplishment goals at the required levels, unless exempted in writing by the County. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 33 of 48 City of Seal Beach D. Subrecipient shall complete and submit a Year End GPR Information Form by August 14, after the close of the Contract fiscal year. E. Should the activity being funded through this Contract be completed, cancelled or terminated prior to the termination date set forth herein in the “Term of Contract" Paragraph, or if funds allocated through this Contract are fully expended, prior to end of Contract term, Subrecipient must continue to serve its clients for the entire term of this Contract. Subrecipient shall complete and submit a Mid-Year and Year End GPR Information Form at the time of the completion, cancellation or termination. F. Subrecipient shall complete and submit a GPR Information Form in support of all requests for reimbursement. Said GPR Information Form shall consist of a cumulative report of project related accomplishments as set forth in the "Scope of Services", for the subject quarter. If at any time during the term of this Contract Subrecipient has no activity occuring during any quarter, Subrecipient shall prepare and submit to County a Quarterly GPR Information Form, regardless of actual activity. G. Subrecipient acknowledges that the GPR Information Form is a monitoring tool that will be reviewed and evaluated to determine Subrecipient’s level of performance relative to this Contract. H. Subrecipient shall submit all requested data necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by County. I. Readiness –Public Facilities & Improvements Projects: Subrecipient shall be required to demonstrate to County its readiness to immediately initiate its Project upon execution of this Contract by providing to the County documentation including, but not limited to, the following: Board or Council Minutes/Resolution; Awarded bid documents with timeline requirements; and, executed Architect and Engineer (hereafter referred to as “A&E”) contracts with specific project timelines consistent with funding. By July 30 of Contract term, Subrecipient shall provide County a Project Readiness Checklist incorporating the status of all Project-phasing milestones. In the case of milestones not yet reached, Subrecipient shall provide projected target dates for when said milestones would be met. The Project Readiness Checklist shall clearly demonstrate that Subrecipient will meet the “Minimum Required Expenditure Thresholds” as set forth in this "Performance" Paragraph. Subrecipient acknowledges that said Project Readiness Checklist may be considered to evaluate the performance of the Subrecipient. 94. PERFORMANCE MONITORING A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 34 of 48 City of Seal Beach B. County shall periodically evaluate Subrecipient’s progress in complying with the terms of this Contract. Subrecipient shall cooperate fully during such monitoring. County shall report the findings of each monitoring to Subrecipient. C. County shall monitor the performance of Subrecipient against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by County, will constitute non-compliance with this Contract for which County may immediately terminate the Contract. If action to correct such substandard performance is not taken by Subrecipient within the time period specified by County, payment(s) will be denied in accordance with the provisions contained in this "Performance Monitoring" Paragraph of this Contract. D. HUD in accordance with 24 CFR Part 570 Subpart O, 570.902, will annually review the performance of County to determine whether County has carried out its Community Development Block Grant (CDBG) assisted activities in a timely manner and has significantly disbursed CDBG funds and met the mandated “1.5 ratio” threshold. Subrecipient is responsible to ensure timely drawdown of funds. 95. FEDERAL ADMINISTRATIVE AND RELATED REQUIREMENTS Subrecipient must comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570. Subrecipient acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200, et al. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. A. Financial Management: 1. Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Subrecipient shall administer its program in conformance with 2 CFR Part 200, et al; (and if Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR 85, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,”) as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to: Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 35 of 48 City of Seal Beach a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21- 28; and g. Other records necessary to document compliance with Subpart K of 23 CFR. 2. Retention Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data a. Subrecipient shall maintain client data demonstrating client eligibility for services provided for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all Federal audit finding, whichever occurs later. Such data shall be consistent and include, but not limited to, client name, address, verifiable income level (as documented by income tax returns, employee payroll records, retirement statements, etc. or other third party documentation acceptable to County, for determining eligibility), and description of service provided. Such information shall be made available to HUD representatives, County monitors, or their designees, for review upon request. b. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the subject program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 36 of 48 City of Seal Beach 4. Disclosure Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 5. Close-Outs Subrecipient’s obligation to County shall not end until all close-out requirements are completed. Activities during this close-out period shall be completed in accordance with federal and State regulations and shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with the requirements of the "Federal Administration and Related Requirements" Paragraph, and documentation; disposing of program assets (including the return to County of all unused materials and equipment); remitting any program income balances and accounts receivable to County, and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that the Subrecipient has control over CDBG funds, including Program Income. C. Personnel & Participation Conditions 1. Civil Rights: Compliance Subrecipient agrees to comply with California Civil Rights Act Ordinances and Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, , 11478 as amended, and 12107. 2. Nondiscrimination in Employment and Contracting Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and valid executive orders referenced in 24 CFR 570.607, including 24 CFR Part 8, 24 CFR 570.602 and Section 504 of Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Executive Order 11063. The applicable non- discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 3. Americans with Disabilities Act: Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 37 of 48 City of Seal Beach orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities 4. Drug-Free Workplace: The Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in the "Certification for a Drug-Free Workplace" Exhibit, attached hereto and incorporated herein by reference. The Subrecipient will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The Subrecipient’s policy of maintaining a drug free workplace; iii. Any available counseling, rehabilitation, and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(c) that every employee who works under this Contract: i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and the Subrecipient may be ineligible for award of any future County contracts if the County determines that any of the following has occurred: iii. The Subrecipient has made false certification, or iv. The Subrecipient violates the certification by failing to carry out the requirements as noted above. 5. Anti-Lobbying: Subrecipient certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that: Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 38 of 48 City of Seal Beach a. No federal appropriated funds will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or Cooperative Agreement; and b. Subrecipient shall include subject anti-lobbying certification in award documents for all sub-Subrecipients at all tiers (including sub-subcontracts, sub-subgrants, and contract under grants, loans, and Cooperative Agreements) and that all sub-Subrecipients shall certify and disclose accordingly. 6. Employment Restrictions: a. Prohibited Activity: Subrecipient is prohibited from using funds provided herein, or personnel employed in the administration of the program, for: political activities, sectarian or religious activities, lobbying, political patronage, and nepotism activities. b. OSHA: Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety. c. Employee Rights i. Federal Minimum Wage Subrecipient must follow the Fair Labor Standards Act (FLSA), as it currently exists and it may be amended, which sets basic minimum wage and overtime pay standards. These standards are enforced by The United States Department of Wage and Hour Division under Department’s Wage and Hour Division. The Federal minimum wage provisions are contained in the FLSA. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. d. California Minimum Wage i. Subrecipient must follow the California enacted legislation signed by the Governor of California, raising the minimum wage for all industries (MW-2007). (AB 1835, CH230, Stats of 2006, adding sections 1182.12 and 1182.13 to the California Labor Code.) Pursuant to its authority under Labor Code section 1182.13, the Department of Industrial Relations amends and republishes Sections, 1, 2, 3, and 5 of the General Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 39 of 48 City of Seal Beach Minimum Wage Order. MW-2001, Section 4, Separability, has not been changed. Consistent with this enactment, amendments are made to the minimum wage, and the meals and lodging credits sections of all of the IWC’s industry and occupation orders. This summary must be made available to employees in accordance with the IWC’s wage orders. Copies of the full text of the amended wage orders may be obtained by ordering on-line at www.dir.ca.gov/WP.asp or by contacting your local Division of Labor Standards Enforcement office. e. Hatch Act: Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C. f. Religious Organization/Activities: In accordance with 24 CFR 570.200(j), Subrecipient shall not discriminate against faith- based organizations in administering its federal HUD activities. Subrecipient agrees that funds provided under this Contract will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization or to promote religious interest, or for the benefit of a religious organization. 7. Labor Standards a. Subrecipient agrees to contact County no less than fourteen (14) days prior to the Pre- Construction Meeting date to seek consultation regarding application of requirements per federal labor standards regulations or Davis-Bacon related Acts. b. Subrecipient will comply with Davis-Bacon Act and/or State Prevailing Wage requirements, when applicable. c. Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Subrecipient shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to County for review upon request. d. Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Subrecipients engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 40 of 48 City of Seal Beach of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is intended to relieve. e. Subrecipient of its obligation, if any, to require payment of the higher rate under state or local laws Subrecipient shall insert provisions meeting the requirements of this Paragraph in all such Contracts. In case where the Davis-Bacon Act applies, Subrecipient agrees to submit the Construction Bid Package for this project to County for modification, Subrecipient shall construct project in accordance with the approved Construction Bid Package. 8. California Labor Code Compliance a. Prevailing Wage laws apply, Subrecipient hereby agrees to pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction, improvements, or modifications to be completed for County under this Contract. Subrecipient herein agrees that Subrecipient shall post, or cause to be posted, a copy of the most current, applicable Prevailing Wage rates at the site where the construction, improvements, or modifications are performed. b. Payroll Records Subrecipient agrees that: Certified copies of all payroll records for this project shall be required pursuant to the provisions of California Labor Code “Section 1776”. The reporting format and words of certification shall be as indicated in Title 8 of the California Code of Regulations, Section 16401. Certified copies of the payroll records of all subcontractors working on this project are required. It shall be the responsibility of the prime Subrecipient to ensure subcontractor compliance. Certified copies of all payroll records shall be submitted on a weekly basis to County through the duration of this Contract. Subrecipient acknowledges that failure to comply with Section 1776 may result in a forfeiture of one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, and it should be recognized that a Subrecipient or subcontractor, or agent or representative thereof who neglects to comply is guilty of a misdemeanor pursuant to California Labor Code Section 1777. 9. Economic Opportunities Compliance Subrecipient agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 41 of 48 City of Seal Beach financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract. Subrecipient further covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of County or Subrecipient, or any designated public agencies which are receiving funds under the CDBG Entitlement Program. This Contract is subject to the requirements of 12 USC 1701u, the HUD regulations issued pursuant thereto at 24 CFR Part 75., and any applicable rules and orders of HUD issued Federal financial assistance shall be conditioned upon compliance with 12 USC 1701u. Failure to fulfill these requirements shall subject Subrecipient and any sub-Subrecipients, their successors and assigns, to those remedies specified herein. Subrecipient certifies and agrees that no conflict exists which would prevent compliance with requirements. The Subrecipient agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract: a. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). b. The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations. c. The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 42 of 48 City of Seal Beach applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. d. The Sub-recipient, contractor, and subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. The Sub-recipient, contractor, and subcontractor will not subcontract with any subcontractor where the Sub-recipient, contractor, and subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations 24 CFR part 75. e. The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75. f. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. 10. Environmental Conditions: Subrecipient shall comply with HUD Environmental Review under HUD regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no funds shall be disbursed prior to certification by County and/or HUD of environmental compliance. Subrecipient shall incur no costs for any project-related activity defined in Subrecipient Scope of Services and County shall not disburse funds prior to certification by County and/or HUD for environmental compliance. Subrecipient shall provide requested material to County for the Environmental Review process required by applicable regulations. a. Air and Water Subrecipient agrees to comply with the following regulations in so far as they apply to the performance of this Contract: Clean Air Act, 42 U.S.C., 1857, et seq. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 43 of 48 City of Seal Beach Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50 and 40 CFR 58. b. Flood Disaster Protection: Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973, including as applicable any regulations set forth in 24 CFR 55, (implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract. c. Lead-Based Paint: Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, particularly, 24 CFR 35.100 through 35.175. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified with the “Protect Your Family From Lead In Your Home” publication, found at http://www.epa.gov/lead that such properties may include lead-based paint. d. Historic Preservation: Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. e. Energy Efficiency Standards: Subrecipient agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable. f. Modifications/Transfers of Real Property: Any proposed modification or change in use of real property acquired or improved, in whole or in part, by CDBG funds from the use planned at the time of the acquisition or improvement, including disposition, is prohibited. i. Subrecipient shall ensure that any real property under Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 44 of 48 City of Seal Beach I. Used to meet one of the national objectives contained in 24 CFR 570.208 for a period not less than five years, or for such period of time as determined to be appropriate by County, after expiration of the Contract and close-out of Subrecipient’s participation in the CDBG Program, or, until five years after the close-out of the grant from which the assistance to the property, whichever occurs first; or, II. Disposed of in a manner which results in County being reimbursed in an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with this " Federal Administrative and Related Requirements" Paragraph. g. Property Records: Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations. h. Equipment: Subrecipient shall use, manage and dispose of equipment in accordance with federal and State regulations. i. Subcontracts: i. Subrecipient shall submit all subcontract agreements to County for review and consent prior to entering into such subcontracts. For construction subcontracts, Subrecipient shall submit the Construction Bid Package to County for review and written approval by Director or designee prior to advertising for bids and award for the construction contract. Subrecipient shall construct Project in accordance with the Construction Bid Package, which Director approved, unless prior written approval is received from Director for modification thereof. ii. Subrecipient shall assume responsibility for all subcontracted services to assure Contract compliance. iii. Subrecipient shall cause all of the provisions of this Contract in entirety to be included in and made a part of any subcontract executed in the performance of this Contract. iv. Subrecipient shall monitor all subcontracted services on a quarterly basis to assure Contract compliance. Results of said monitoring efforts shall be summarized in written form, and supported with documented evidence of follow-up actions(s) to correct any Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 45 of 48 City of Seal Beach area(s) of Contract non-compliance. Documentation shall be made available for periodic monitoring by representatives of County and/or HUD. j. Fair Housing: Subrecipient shall affirmatively further fair housing in accordance with 24 CFR 570. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The Subrecipient has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act, along with all applicable State & Federal requirements. k. Grantor Recognition: Subrecipient shall insure recognition of the role of the County in providing services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. Subrecipient will retain documentation of such recognition, which shall be available for periodic monitoring by representatives of County or HUD. l. Rehabilitation Act: Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. County shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract. 96. DEFINITIONS For the purposes of this Contract the following definitions shall apply: A. OC Community Resources (OCCR): Designated as the Lead for the development and implementation of County of Orange Urban County Program’s Consolidated Plan. B. Director: Director of OC Community Resources, or designee. C. Grantee Performance Report (GPR) Information Form: A Program activity data document provided by County to Subrecipient used to monitor, track and report the performance of Subrecipient. D. OC Community Resources Contract Reimbursement Policy: A County document setting policies regarding types of documentation required to support the costs incurred and paid (including but not limited to copies of paid invoices, certified payroll registers, bank statements, etc.) E. Project: Any site or sites, including buildings, and/or activities assisted with federal program funds. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 46 of 48 City of Seal Beach F. OMB: Federal Office of Management and Budget. G. CAPER: Consolidated Annual Performance and Evaluation Report. An annual published report to HUD and the public on all housing-related activities. H. CDBG: 24 CFR Part 570 - Community Development Block Grant – the CDBG regulations set forth eligible activities and the national objectives that each activity must meet. The Catalog of Federal Domestic Assistance (CFDA) # 14.218 distributes formula grants (CDBG) to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income. I. Continuum of Care: An Orange County group composed of representatives of relevant organizations that serve homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of services to address the various needs of homeless persons and persons at risk of homelessness. J. Homeless Management Information System (HMIS): The information system designated by the Continuum of Care to comply with HUD’s data collection, management, and reporting standards and used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. (24 CFR Part 580) K. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. L. Substantial Amendment: The following criteria will be used by the County – if any one criteria applies, a substantial amendment will be required: 1. A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan; 2. When a proposal is made to amend the description of an existing activity in such a way that the newly described purpose, scope, or beneficiaries differ significantly from the original activity’s purpose, scope, or beneficiaries; and/or 3. An increase in the amount of Federal Community Planning Development and/or local funds allocated to an existing activity when the following apply: a. An increase in funding for a public service activity in an amount that is consistent with County policy; or b. An increase in the funding for public facility improvements in an amount that is consistent with County policy. M. Construction Bid Package: A package of bidding documents which includes the proposal, bidding instructions, Contract documents, detailed estimated costs, and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 47 of 48 City of Seal Beach N. Program Administration: An activity relating to the general management, oversight and coordination of community development programs. Costs directly related to carrying out eligible activities are not included. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 48 of 48 City of Seal Beach SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written. City of Seal Beach If the Subrecipient is a corporation, signatures of two specific corporate officers are required as further set forth. • The first corporate officer signature must be one of the following: 1) Chairman of the Board, 2) President, 3) Vice President; and • The second corporate officer signature must be one of the following: 1) Secretary, 2) Assistant Secretary, 3) Chief Financial Officer, 4) Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company. Signature Name Title Date Signature Name Title Date COUNTY OF ORANGE, a political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE: Deputy Procurement Agent Signature Name Title Date Approved as to form: Office of the County Counsel Deputy Signature Name Title Date Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 City Manager Patrick Gallegos 3/25/2026 John Cleveland 3/25/2026 4/28/2026Nina Campmas ATTACHMENT A County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 1 of 2 City of Seal Beach SCOPE OF SERVICES PUBLIC FACILITIES & IMPROVEMENTS 1. Scope of Services A. HUD Matrix Code/ Activity: 03E Neighborhood Facilities/ 570.201 (c) (1) B. Project Title: City of Seal Beach-North Seal Beach Community Center Improvements Phase 2 C. Program Description: Funds will be used to complete the remaining interior improvements. Work will include ADA compliant restroom improvements. Replacement of worn flooring with slip resistant materials. Replacement of acoustic ceiling tiles, lighting upgrades, minor HVAC improvements, ADA compliant interior signage. D. Project Need: The existing structure was built in 1968 and does not provide ADA accessibility and energy-efficiency. These upgrades will provide both, as well as encourage outdoor use and efficient use of indoor areas. E. Low/Mod Area Benefit 570.208 (a) (1) F. Program Objectives and Outcomes Chart: Activity Outputs Public Facility ADA Improvements Performance Objectives Performance Outcomes Suitable Living Environment Availability/Accessibility CDBG National Objective: LMA 570.201 (c) Outcomes 4623 People Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT A County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 2 of 2 City of Seal Beach 1. Federal Award Identification A. Subrecipient Name: City of Seal Beach B. Subrecipient's Unique Identifier (UEI): J2JWJVWQ8EA6 C. Federal Award Identification Number (FAIN): 14.218 D. Federal Award Date: TBA E. Subaward Period of Performance: FY 2026-27 F. Total Amount of Federal Funds Obligated by the Action: $382,500 G. Total Amount of Federal Funds Obligated to the Subrecipient: $382,500 H. Total Amount of the Federal Award:$ 3,467,220 I. Federal Award Project Description: North Seal Beach Community Center Improvements Phase 2 J. Federal Awarding Agency: HUD K. Name of PTE: Orange County L. Contact Information for the Awarding Official: Julia Bidwell- Director (714) 480-2991 Julia.Bidwell@occr.ocgov.com M. CFDA Number and Name: 14.218 N. Whether Award is R&D: N/A 0. Indirect Cost Rate for the Federal Award: N/A Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT B County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 1 of 2 City of Seal Beach PAYMENT/COMPENSATION PUBLIC FACILITIES & IMPROVEMENTS 1. COMPENSATION: This is a Contract between the County and the Subrecipient for $382,500 as set forth in Attachment A. Scope of Services attached hereto and incorporated herein by reference. The Subrecipient agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Subrecipient of all its duties and obligations hereunder. The County shall have no obligation to pay any sum in excess of the total Contract amount specified unless authorized by an amendment in accordance with paragraphs C and P of the County's General Terms and Conditions. 2. FIRM DISCOUNT AND PRICING STRUCTURE: Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, state or federal government entity for services of equal or lesser scope. Subrecipient agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract. 3. PAYMENT TERMS: An invoice for services/activities shall be submitted to the address specified below upon the completion of the services/activities and approval of the County Project Manager. Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice, contingent upon availability of funds, in a format acceptable to the County of Orange, verified and approved by QC Community Resources and subject to routine processing requirements of the County. The responsibility for providing an acceptable invoice rests with the Subrecipient. Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT B County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 2 of 2 City of Seal Beach Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the services. Invoice(s) are to be sent or emailed to: einvoice@occr.ocgov.com INVOICING INSTRUCTIONS: Further instructions regarding invoicing/reimbursement as set forth in Exhibit 1-OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference. The Subrecipient will provide an invoice on Subrecipient's letterhead for services rendered. Each invoice will have a number and will include the following information: The Demand Letter/Invoice must include Delivery Order (DO) Number, Contract Number, Service date(s) - Month of Service along with other required documentation (See Exhibit 1). 4. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY: Further instructions regarding invoicing/reimbursements as set forth in Exhibit 1 - QC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT C County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 1 of 1 City of Seal Beach BUDGET SCHEDULE PUBLIC FACILITIES & IMPROVEMENTS 1. Subrecipient's Budget Schedule A. Administration and Program Cost Project Budget Chart City of Seal Beach - North Seal Beach Community Center Improvements Project Costs/Activity Urban County Funds Leveraged Resources Total Desian/Project Development N/A $70 000 $70,000 Acquisition N/A N/A N/A Construction $382,500 0 $382,500 Program Administration 0 Total Project Cost $382,500 $70 000 $452,500 B. Detailed Project Budget Description The existing structure was built in 1968 and does not provide ADA accessibility and energy-efficiency. These upgrades will provide both, as well as encourage outdoor use and efficient use of indoor areas. Funds will be used to upgrade the structure to improve ADA accessibility, replace interior & exterior lighting to improve energy-efficiency, reconfigure and consolidate kitchen appliances for energy-efficiency. Upgrade single- pane doors to dual-paned glass for efficiency and resiliency; rehabilitate restrooms with ADA compliant upgrades and water- efficient fixtures. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT D County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 1 of 1 City of Seal Beach STAFFING PLAN PUBLIC FACILITIES & IMPROVEMENTS 1. Staffing Plan Project Title: North Seal Beach Community Center Improvements Phase 2 Classification/Title 1 Public Works Director (City) 2 Deputy Public Works Director (City) The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written approval of the County Project Manager. The Subrecipient may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval. Subrecipient shall provide the name of the staff to the County within a time mutually agreed upon by the Parties but no event later than 30 days after the execution of the Contract. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT E County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 1 of 2 City of Seal Beach PERFORMANCE STANDARDS PUBLIC FACILITIES & IMPROVEMENTS 1. Performance Standards July 1, 2026 - Contract Start Date 2. Tools to Measure Project's Effect-North Seal Beach Community Center Improvements Milestone Date Minimum Required Expenditure/ Accomplishment Threshold Activity Results Achieved February 15, 2027 50% of Contracted Amount Expended $191,250 February 15, 2027 50% of Proposed Accomplishments Achieved Design and/or installation March 15, 2027 70% of Contracted Amount Expended $267,750 March 15, 2027 70% of Proposed Accomplishments Achieved Construction and/or installation April 15, 2027 80% of Contracted Amount Expended $306,000 April 15, 2027 80% of Proposed Accomplishments Achieved Construction and/or installation June 30, 2027 100% of Contracted Amount Expended $382,500 June 30, 2027 100% of Proposed Accomplishments Achieved Construction and/or installation 3. Performance Measures - In addition to expenditure milestone deadlines listed in the table above, PF&I projects must complete the design of the project by September 30th and solicitation process by November 15th of the program year, or the subrecipient (city) will not be eligible for a new award for one year. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT E County of Orange OC Community Resources MA 012- 26011073 Public Facilities &Improvements, Community Center Improvements Phase 2 Page 2 of 2 City of Seal Beach 4. If a project’s performance does not satisfy the expenditure milestones and other deadlines above, the County will have the right to cancel all, or a portion of, the Contract, and recapture the remaining funds from Recipient by sending a written request for repayment to Subrecipient, and allocate such funds to other performing projects. In the event Subrecipient fails to satisfy the Required Expenditure Threshold milestones and other deadlines above, Subrecipient shall promptly repay all unexpended funds to the County within 30 days of receipt of the County’s written request for repayment. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 ATTACHMENT F City of Seal Beach CONTRACT MA 012 26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Page 1 of 2 EXHIBIT 1 Subject: OC Community Resources Contract Reimbursement Policy Effective: July 1, 2010 Revised: January 17, 2020 PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice. REFERENCES: Executed County Board of Supervisors approved contract Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS-1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services’ and OC Housing & Community Development’s reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by Contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Page 2 of 2 requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. At any time, based on County’s business needs and/or Contractor’s performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section. PROCEDURES: Abbreviated Documentation Requirements Compile and submit: 1.Supporting documentation includes, but is not limited to: a.General ledger/expense transaction report b.Payroll register or labor distribution report c.Payroll allocation plan d.Personnel Documentation e.Benefit plan and calculation of benefit f.Employer-employee contract for non-customary benefits (if applicable) g.Pre-approval documentation for equipment purchases equal to or greater than $5,000 2.The following is required with the first month’s invoice only: a.Cost allocation plan for rent, utilities, etc. b.Indirect rate approved by cognizant agency (if applicable) 3.Summary of leveraged resources (if applicable) 4.Demand letters must contain the following certification (if required by Contract): “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and 3801-3812)” 5.Grantee Performance Report (if required by Contract) 6.Supporting documentation shall be on single-sided sheets 7.Please redact employees’ Social Security Number from payroll reports 8.Demand letter or invoice, along with supporting documentation shall be submitted to: OC Community Resources Accounting 601 N. Ross St., 6th Floor Santa Ana, CA 92701 Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit: 9.Purchase orders, invoices, and receipts 10.Cashed checks 11.Check register 12.Consultant/sub-contractor invoices (with description of services) 13.Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION: Distribute this policy to all appropriate staff INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at: OCCRAccountsPayable@occr.ocgov.com Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Certification for a Drug-Free Workplace U.S. Department of Housing and Urban Development EXHIBIT 2 Applicant Name City of Seal Beach Contract # 012-26011073 CDBG – Public Facilities and Improvements, Housing Rehabilitation, Public Services, City Projects Program/Activity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agree ments to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue to provide a drug-free workplace by: a.Publishing a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition. b.Establishing an on-going drug-free awareness program to inform employees --- (I)The dangers of drug abuse in the workplace; (2)The Applicant's policy of maintaining a drug-free workplace; (3)Any available drug counseling, rehabilitation, and employee assistance programs; and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c.Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.; d.Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will --- (I)Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e.. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f.Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted --- (I)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto - rily in a drug abuse assistance or rehabilitation program ap - proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g.Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding .) Check here 0if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U .S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Signature Date X form HUD-50070 (3/98) ref. Handbooks 7417.1 , 7475.13, 7485.1 & .3 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 3/25/2026 City ManagerPatrick Gallegos County of Orange OC Community Resources Page 1 of 2 City of Seal Beach Contract No. 012-26011073 Exhibit 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1)The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. Name Title Authorized Signature Date Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos 3/25/2026 City’s Manager County of Orange OC Community Resources Page 2 of 2 City of Seal Beach Contract No. 012-26011073 Exhibit 3 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1.By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2.The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3.The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5.The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8.Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources Page 1 of 3 City of Seal Beach Contract No. 012-26011073 EXHIBIT 4 INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiat ion or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered F ederal action. Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budge t for additional information. 1.Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2.Identify the status of the covered Federal action. 3.Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the info rmation previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this repor ting entity for this covered Federal action. 4.Enter the full name, address, city, state and zip code of the reporting ent ity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. 5.If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known. 6.Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below age ncy name, if known. For example, Department of Transportation, United States Coast Guard. 7.Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09." 9.For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10.(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11.Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying enti ty (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter h e cumulative amount of payment made or planned to be made. 12.Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13.Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14.Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted. 15.Check whether or not a SF LLL A Continuation Sheet(s) is attached. 16.The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time fo r reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reduc ing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503. Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange OC Community Resources Page 2 of 3 City of Seal Beach Contract No. 012-26011073 EXHIBIT 4 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.C 1352 1.Type of Federal Actions: a.contract b.grant c.cooperative agreement d.loan e.loan guarantee f.loan insurance 2.Status of Federal Actions: a.bid/offer/application b.initial award c.post-award 3.Report Type: a.initial filing b.material change For material change only: Year: Quarter: Date of last report: 4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is a Subawardee: Enter Name and Address of Prime: Congressional District, if known: Prime Subawardee Tier if known Congressional District, if known: 6.Federal Department / Agency:7.Federal Program Name/Description 8.Federal Action Number, if known:9.Award Amount, if known: $ 10a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): (attach Continuation Sheets SF-LLL-A, if necessary) 10b. Individual Performing Services (including address if different from No. 10a) (last name, first name, MI): 11.Amount of Payment (check all that apply): $ Actual Planned 13.Type of Payment (check all that apply) a.retainer b.one-time free c.commission d.contingent fee e.deferred f.other specify: 12.Form of Payment (check all that apply): a.cash b.in-kind: specify: nature: value: 14.Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Memb er(s) contacted, for Payment indicated on item 11: 15.Continuation sheet(s) SF-LLL-A attached:Yes No 16.Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No: Date: Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos 3/25/2026 City Manager County of Orange OC Community Resources Page 3 of 3 City of Seal Beach Contract No. 012-26011073 Reporting Entity: Page of BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C, EXHIBIT 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348-0046 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: EXHIBIT 5 Page 1 of 1 (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying," in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. Grantee/Contractor Organization Name Title Authorized Signature *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). City of Seal Beach Contract No. 012-26011073 Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos City of Seal Beach City Manager EXHIBIT D FAITHFUL PERFORMANCE BOND Bond No. __________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: NORTH SEAL BEACH COMMUNITY CENTER PHASE 2 (CIP BG2505) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT E PAYMENT BOND (LABOR AND MATERIALS) Bond No. __________ PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach (“City”), State of California, has awarded to (“Principal”) (Name and address of Contractor) a contract (the “Contract”) for the Work described as follows: NORTH SEAL BEACH COMMUNITY CENTER PHASE 2 (CIP BG2505) (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT F WORKER’S COMPENSATION INSURANCE CERTIFICATE WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date By: Its Authorized Representative EXHIBIT G-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT G-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT G-3 CONTRACTOR’S POLLUTION LIABILITY [INSERT INSURANCE CERTIFICATE AND ENDORSEMENT SHOWING CONTRACTOR’S POLLUTION LIABILITY] EXHIBIT G-4 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING SEXUAL MISCONDUCT ADDITIONAL INSURED ENDORSEMENT] EXHIBIT G-5 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING EMPLOYEE DISHONESTY ADDITIONAL INSURED ENDORSEMENT EXHIBIT G-6 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] EXHIBIT G-7 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”): Name and address of insurance company (“Company”): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________. I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20___ Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) EXHIBIT H ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________ EXHIBIT I AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with all applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California 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 Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby 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 worker's 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.” Date ___________________ Signature _______________________________________ EXHIBIT J FEDERAL LABOR STANDARDS PROVISIONS FORM HUD-4010 (06/2022) EXHIBIT K DAVIS-BACON PREVAILING WAGE DETERMINATION CA20260024, Mod 4, 7/14/26 EXHIBIT L NONCOLLUSION DECLARATION EXHIBIT M DESIGNATION OF SUBCONTRACTORS EXHIBIT N SPECIAL PROVISIONS 1. This Exhibit includes: Part I, Special Provisions, attached hereto, and 2. 2018 edition of the Standard Specifications for Public Works Construction (“Green Book”), as adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the “Standard Specifications”, Orange County Public Works Standards, or applicable codes, as amended by the Special Provisions [i] SPECIAL PROVISIONS North Seal Beach Community Center Phase 2 CIP NO. BG2505 INDEX INDEX i PART 1 SPECIAL PROVISIONS 1 SECTION 1 - GENERAL 2 1-1 GENERAL 2 1-1.1 General Information 2 1-2 TERMS AND DEFINITIONS 2 1-6 BIDDING AND SUBMISSION OF THE BID 3 1-6.1 General 3 1-7 AWARD AND EXECUTION OF THE CONTRACT 3 1-7.1 General 3 1-7.2 Contract Bonds 4 SECTION 2 - SCOPE OF THE WORK 5 2-1 WORK TO BE DONE 5 2-2 PERMITS 5 2-4 COOPERATION AND COLLATERAL WORK 5 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES 5 2-5.2 Temporary Utility Services 6 2-5.4 Haul Routes 6 2-6 CHANGES REQUESTED BY THE CONTRACTOR 6 2-7 CHANGES INITIATED BY THE AGENCY 6 2-8 EXTRA WORK 7 2-10 DISPUTED WORK 7 SECTION 3 - CONTROL OF THE WORK 8 3-7 CONTRACT DOCUMENTS 8 3-8 SUBMITTALS 8 3-8.1 General 8 3-8.4 Supporting Information 8 3-11 CONTRACT INFORMATION SIGNS 8 3-12 WORK SITE MAINTENANCE 8 3-12.1 General 8 3-12.4 Storage of Equipment and Materials 9 3-12.5 Sanitary Sewers 9 3-12.6 Water Pollution Control 10 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY 10 [ii] 3-13.1 Completion 10 3-13.2 Acceptance 11 3-13.3 Warranty 11 3-14 CONTRACTOR’S RECORD/AS-BUILT DRAWINGS. 12 SECTION 4 - CONTROL OF MATERIALS 13 4-1 GENERAL 13 4-3 INSPECTION 13 4-4 TESTING 13 4-6 TRADE NAMES 13 SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES 14 5-1 LAWS AND REGULATIONS 14 5-2 SPECIAL NOTICES 14 5-3 LABOR 14 5-3.1 General 14 5-3.2 Prevailing Wages 14 5-3.3 Payroll Records 14 5-3.4 Hours of Labor 15 5-3.5 Apprentices 15 5-3.6 Debarment or Suspension 15 5-3.7 Registration with the DIR 15 5-3.8 Compliance Monitoring and Posting Job Sites 15 5-3.9 Subcontractors 15 5-3.10 Prevailing Wage Indemnity 16 5-4 INSURANCE 16 5-5 ANTITRUST CLAIMS 16 5-7 SAFETY 17 5-7.1 Work Site Safety 17 5-7.7 Security and Protective Devices 17 5-7.8 Steel Plate Covers 17 5-8 INDEMNIFICATION 17 5-9 CONTRACTOR’S LICENSES. 17 SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK 18 6-1 CONSTRUCTION SCHEDULE aND COMMENCEMENT OF THE WORK 18 6-1.1 Construction Schedule 18 6-1.2 Commencement of the Work 19 6-3 TIME OF COMPLETION 20 6-3.1 General 20 6-3.2 Contract Time Accounting 20 6-4 DELAYS AND EXTENSIONS OF TIME 21 [iii] 6-4.1 General 21 6-4.2 Extensions of Time 21 6-4.3 Payment for Delays 21 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE 22 6-9 LIQUIDATED DAMAGES 22 SECTION 7 - MEASUREMENT AND PAYMENT 23 7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 23 7-1.1 General 23 7-2 LUMP SUM WORK 23 7-3 PAYMENT 23 7-3.1 General 23 7-3.2 Partial and Final Payment 23 7-3.5 Contract Unit Prices 26 7-3.8 Eliminated Items 26 7-3.9 AUDIT 26 7-4 PAYMENT FOR EXTRA WORK 27 7-4.3 Markup 27 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 28 8-1 GENERAL 28 SECTION 9 - ADDITIONAL TERMS 29 9-1 NONDISCRIMINATORY EMPLOYMENT 29 9-2 CONTRACTOR’S RESPONSIBILITY FOR WORK 29 9-3 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY 29 9-4 REMOVAL OF INTERFERING OBSTRUCTIONS 29 9-5 SOILS ENGINEERING AND TESTING 29 9-6 ACCESS TO PRIVATE PROPERTY 29 9-7 CLAIM DISPUTE RESOLUTION 30 9-8 THIRD PARTY CLAIMS 30 9-9 COMPLIANCE WITH LAWS 30 9-10 CONTRACTOR’S REPRESENTATIONS 30 9-11 CONFLICTS OF INTEREST 30 9-12 APPLICABLE LAW 30 9-13 TIME 31 9-14 INDEPENDENT CONTRACTOR 31 9-15 CONSTRUCTION 31 9-16 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES 31 9-17 TERM 31 9-18 NOTICE 31 9-19 SEVERABILITY 32 [iv] PART 2 33 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 34 201-1 PORTLAND CEMENT CONCRETE. 34 201-1.1 Requirements 34 201-1.2 Materials. 34 201-2 REINFORCEMENT FOR CONCRETE 34 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTs 34 201-3.1 General 34 201-3.5 Type “B” Sealant (Preformed Elastomeric Sealant) 34 201-4 CONCRETE CURING MATERIALS 34 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 35 214-4 PAINT FOR STRIPING AND MARKINGS 35 214-4.1 General 35 214-6 PAVEMENT MARKERS 35 214-6.3 Non-Reflective Pavement Markers 35 214-6.4 Retroreflective Pavement Markers 35 PART 3 36 SECTION 300 - EARTHWORK 36 300-1 CLEARING AND GRUBBING 36 300-1.1 General 36 300-1.2 Root Pruning and Tree Trimming 36 300-2 UNCLASSIFIED EXCAVATION 36 300-2.1 General 36 300-2.2 Unsuitable Material. 37 300-2.6 Surplus Material 37 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 37 303-1 CONCRETE STRUCTURES 37 303-1.2 Subgrade for Concrete Structures 37 303-1.8 Placing Concrete 37 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 38 303-5.1 Requirements 38 303-5.4 Joints 38 303-5.5 Finishing 39 303-7 COLORED CONCRETE 39 303-7.1 General 39 303-13 TRENCH RESURFACING 39 [v] 303-13.1 Temporary Resurfacing 39 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 40 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 40 314-2.1 General 40 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 40 314-4.1 General 40 314-4.2 Control of Alignment and Layout 40 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 40 314-5 PAVEMENT MARKERS 40 314-5.1 General 41 PART 4 42 SECTION 400 - PROTECTION AND RESTORATION 42 400-1 GENERAL 42 400-2 PERMANENT SURVEY MARKERS 42 400-3 PAYMENT 42 SECTION 402 - UTILITIES 43 402-1 LOCATION 43 402-1.1 General 44 402-1.3 Entry by Utility Owners 45 402-2 PROTECTION 45 402-3 REMOVAL 45 402-4 RELOCATION 45 402-6 COOPERATION 45 SECTION 404 - PART 6 46 SECTION 600 - ACCESS 46 600-1 GENERAL 46 600-2 VEHICULAR ACCESS 46 600-3 PEDESTRIAN ACCESS 47 SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 48 601-1 GENERAL 48 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP) 48 APPENDIX A 50 [vi] SP-1 PART 1 SPECIAL PROVISIONS SECTION 0. INTRODUCTION AND GENERAL PROVISIONS DEFINED 0-1 STANDARD SPECIFICATIONS All the Work specified in these Contract Documents shall be done in accordance with these Special Provisions, provisions of the 2018 edition of the Standard Specifications for Public Works Construction (“Green Book”), adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the “Standard Specifications”, Orange County Public Works Standards, or applicable codes. Signs, pavement markings, legends, markers, and temporary traffic control devices (temporary or permanent) shall be done in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices; hereinafter referred to as the “CA MUTCD”. The Standard Specifications, as amended by the Contract Documents, and the CA MUTCD are incorporated in the Contract Documents by this reference. 0-2 NUMBERING OF SECTIONS The number of sections and subsections in these Special Provisions are compatible with the numbering in the Standard Specifications. 0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 of the Standard Specifications, except as otherwise indicated herein. If there is a conflict between the “Standard Specifications” and these additions, these additions shall have precedence. The numbering of sections of these additions refers to the corresponding numbering of sections of the “Standard Specifications”. SP-2 SECTION 1 - GENERAL 1-1.1 General Information The City Clerk of the City of Seal Beach, California will receive sealed Bids at their office at the City Hall, 211 8th Street, said City, until the date and time set forth in the Notice Inviting Bids. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean the following: Agency City of Seal Beach Address 211 8th Street Seal Beach, CA 90740 Board The City Council of the City of Seal Beach Contract Documents The “Contract Documents” consist of the all of the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal Form and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans and Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to the Contract. Day(s) Unless otherwise noted, “Day” or “Days” shall be working days. As used herein, “working day” means any day other than Saturday, Sunday and any day designated as a holiday by the City of Seal Beach. Engineer The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them. Inspector An authorized representative of the City, assigned by said City to make inspections of work performed by or material supplied by the Contractor. Laboratory The designated laboratory authorized by the City of Seal Beach to test materials and work involved in the Contract. Notice of Completion The notice authorized by Civil Code Section 9204 Project See “Work”. 1-1 GENERAL 1-2 TERMS AND DEFINITIONS SP-3 Submittal Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract. Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1-2 Terms and Definitions of the Standard Specifications for Public Works Construction, 2018 edition. 1-3.3 Institutions The institutions listed in Section 1-3.3 of Part 1 of the Standard Specifications shall be supplemented by the list below: Abbreviation Word or Words AAN ..................................................................................................... American Association of Nurserymen AGCA ........................................................................................ Associated General Contractors of America APWA ..................................................................................................... American Public Works Association CRSI ....................................................................................................... Concrete Reinforcing Steel Institute CSI ......................................................................................................... Construction Specifications Institute NEC ............................................................................................................................. National Electric Code NFPA ...................................................................................................... National Fire Protection Association SSS ............................................................................................ State of California Standard Specifications, Latest edition, Department of Transportation SSP .......................................................................................................... State of California Standard Plans, Latest edition, Department of Transportation 1-6.1 General 1-6.1.1 Examination of Plans, Specifications, Special Provisions and Site of Work The Bidder is required to examine carefully the Project site and the Project Contract Documents. It will be assumed that the bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and to the character, quality and quantities of work to be performed and materials to be furnished. It is further assumed that the Bidder is familiar with the requirements of the Contract Documents. The submission of a Bid shall be considered conclusive evidence that the Bidder has made such examination. No information derived from inspection of records or investigation or compilations of same made by the City will in any way relieve the Contractor from his/her obligations under the Contract Documents nor entitle the Contractor to any additional compensation. No claim for additional compensation shall be made by the Contractor for extra work created by conflicts, errors, or discrepancies in the Contract Documents that the Contractor should have discovered prior to submitting his/her Bid. The Contractor will not and agrees not to make any claim against the City based upon ignorance or misunderstanding of any condition of the Work site or of the requirements set forth in the Contract Documents. 1-7.1 General 1-7.1.1 Award of the Contract The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose Bid complies with all the requirements described. The award, if made, will be made within sixty (60) 1-6 BIDDING AND SUBMISSION OF THE BID 1-7 AWARD AND EXECUTION OF THE CONTRACT SP-4 calendar days after the opening of the Bids. All Bids will be compared on the basis of the estimate of quantities of work to be done. 1-7.1.2 Execution of the Contract The Contract shall be signed by the successful Bidder and returned, together with the required bonds, certificates, licenses, and all other applicable documentation within fifteen (15) working days after the date of the mailing of written notice of Contract award to the Bidder. Upon refusal or failure of the successful Bidder to execute the Contract, the City may award the Contract to the next lowest responsible Bidder and the Bid security shall be forfeited. 1-7.2 Contract Bonds The successful Contractor shall furnish two (2) bonds as set forth below: 1. A surety bond in an amount equal to one hundred percent (100%) of the Contract price as security for the faithful performance of this Contract. 2. A separate bond in an amount equal to one hundred percent (100%) of the Contract price as security for the payment of all persons performing labor and furnishing materials in connection with this Contract. The aforesaid bonds shall be in a form satisfactory to the City and issued by a carrier licensed in the State of California with a rating of B+ or better as stated from time to time by Standard and Poors, Moodys, or Bests. Whenever any surety (or sureties) on any such bonds, or on any bonds required by law for the protection of the claims of laborers and materialmen becomes insufficient, or the Engineer has cause to believe that such surety (or sureties) has or may become insufficient, a demand in writing may be made of the Contractor for such further bond (or bonds) or additional surety, not exceeding the Contract amount as is considered necessary, taking into account the extent of the Work remaining to be done. No payment shall be made upon such Contract to the Contractor (or any assignee of the Contractor) until such further bond, bonds, or additional surety has been furnished. The Performance Bond shall remain in force until the date of recordation of the Notice of Completion and the end of all warranty periods set forth in the Contract Documents. The Payment Bond (Labor and Materials) shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2. All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney. SP-5 SECTION 2 - SCOPE OF THE WORK The Work described herein shall be done in accordance with the provisions of the "Standard Specifications for Public Works Construction," 2018 edition, with all amendments thereto (“Standard Specifications”), insofar as the same may apply, and in accordance with these Special Provisions. A copy of the “Standard Specifications for Public Works Construction” is on file in the Office of the Engineer. The Work necessary for the completion of this Contract consists of, but is not limited to, distributing notices to affected residents and businesses in the Work area; traffic control; cold milling, construction of AC pavement, PCC improvements, replacement of curb ramps, replacement of traffic striping and markings; and other incidental items of work to complete the Project. The quantity of work to be performed and materials to be furnished are approximate only, being given as a basis for the comparison of Bids. Actual quantities of work to be performed will vary at the discretion of the Engineer. Prior to the start of any Work, the Contractor shall obtain all applicable City permits and make arrangements for City inspections. City-issued permits will be at no charge to the Contractor, and shall obtain all other permits required from all other agencies. The Contractor and all subcontractors shall each be licensed in accordance with State Business and Professions Code. The Contractor shall obtain all necessary permits for the discharge or disposal of any ground or surface waters in accordance with the California Regional Water Quality Control Board Regulations. If this Contract requires construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit, and furnish the City with a copy before Work commencement. Pursuant to Labor Code Section 6707, if this Project involves construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity, including the Caltrans Encroachment Permit for Work within Caltrans right-of-way. The Contractor shall pay all costs incurred by the permit and license requirements, unless specified in this section. Any delays with acquiring the necessary permits will be at the Contractor’s sole expense. Contract time extension will not be granted. The Contractor is required to cooperate with City staff, City-retained contractors, and utility companies and shall be responsible for coordinating all Work with said entities’ operations at no additional cost to the City, which includes, but not limited to City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, special events, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 2-1 WORK TO BE DONE 2-2 PERMITS 2-4 COOPERATION AND COLLATERAL WORK 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES SP-6 2-5.2 Temporary Utility Services The City will supply water reasonably used and required during construction and testing without charge to the Contractor at fire hydrants near the Work and shall be drawn only from hydrants fitted with "Eddy" valves and meters at locations designated by the Engineer. The City reserves the right to limit the location, times, and drawing rates such water. Full compensation for developing water supply, furnishing water equipment and applying City-furnished water will be considered as included in the price paid for the Contract item of Work involving the use of water. No separate payment will be made therefore. The Contractor shall arrange for a meter and tender a $3,500.00 meter deposit with the City, and any applicable fees pursuant to the latest City-adopted Cost Recovery Schedule. Additionally, a $301.00 hookup charge will be required. Upon return of the meter to the City, the deposit will be returned to the Contractor, less any repair charges for damage to the meter. 2-5.4 Haul Routes Subsection 2-5.4 of Part 1 of the Standard Specifications shall be deleted and replaced as follows: The Contractor must obtain the Engineer’s written approval before using any haul routes. Further detail requirements for haul traffic are delineated in the Special Provisions. Changes requested by the Contractor shall be governed by the Standard Specifications except that the mark-up of any such Work and resolution of disputes concerning the scope and payment of such Work shall be governed by Section 2-7 below. The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, alterations, or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions, and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration, or omission of any kind of Work to be done. The City may change the Plans, Specifications, character of Work, or quantity of Work, both additive and deductive, regardless of the percentage of Contract Price. The City may order minor changes or alterations in the Work not involving extra cost or an extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a field order. Before proceeding with the change of Work described in a field order, the Engineer will submit a field order to the Contractor for approval and signature. By signing the field order, the Contractor agrees that he or she shall not be entitled to any additional compensation or extension of time for the Work identified in the field order. Changes not covered by a field order will be authorized by a change order. A change order is a written order, issued by the City to the Contractor, signed by the Engineer, authorizing an addition, deletion or revision in the Work, or an adjustment in the value of one or more of the respective Bid items, or the Contract time. Upon the receipt of a change order, the Contractor shall immediately proceed with the Work described therein. All such Work shall be performed in accordance with the applicable requirements of the Contract Documents. 2-6 CHANGES REQUESTED BY THE CONTRACTOR 2-7 CHANGES INITIATED BY THE AGENCY SP-7 Except as agreed upon by the parties or as provided herein, Section 7-3 or 7-4 of the Standard Specifications shall govern the payment of costs for Work performed pursuant to change orders. Except as otherwise provided, the Contractor shall be entitled to a mark-up per Section 7-4.3 Markup of the Standard Specifications and these Standard Provisions. If the Contractor and City are unable to agree upon any adjustments in the Contract price and/or time pursuant to a change order, the City and the Contractor shall try to resolve any difference respecting same. The Contractor shall proceed with the Work called for by the change order notwithstanding any dispute as to the price and/or time adjustments. Within fifteen (15) Days after the issuance of a change order in which either the price or time or both have not been mutually agreed upon in writing, the Contractor shall submit a written proposal to the Engineer that shall include all reasonable cost data and time extension justification to enable the Engineer to adequately analyze the proposal. If the Contractor cannot reasonably meet this deadline, the Engineer, in his/her sole discretion, may extend the time to resubmit the proposal. The failure of the Contractor to comply in the time constraints imposed herein shall preclude the Contractor from recovering any additional changes in price or time unless the Engineer, within his/her sole discretion, excuses the Contractor’s delay and permits the proposal to be processed and considered by the City. The Engineer shall issue its finding on any price or time adjustment request within thirty (30) Days from receipt of the written proposal except as provided in this subsection. The Contractor waives any claim for damages or additional time arising from changes or revisions to the Contract Documents. New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer. Any and all disputes or claims arising out of changes in Work for the Project or relating to the Contract Documents that are not disposed of by agreement or are not governed by Section 7-6 of these Special Provisions shall be decided by the Engineer in writing as set forth above. The decision of the Engineer shall be final and conclusive on the Contractor unless, within fifteen (15) Days from the receipt of such decision, the Contractor submits to the City a written claim for review of the decision made by the Engineer. The City shall review all decisions within a reasonable time. The Contractor and Engineer shall be afforded an opportunity to be heard and to offer evidence with respect to each claim. The City shall render its decision promptly and the decision shall be final and conclusive. Except for the filing of a claim as provided for herein or otherwise governed by Section 7 – Measurement and Payment of these Special Provisions, the Contractor understands and agrees that no other procedures for submission of a claim or request for either increasing its Contract price or time shall apply. Time is of the essence and failure of the Contractor to satisfy any deadline for filing as provided for herein shall preclude the Contractor from later recovering on a claim or request from the City in any legal proceeding. 2-8 EXTRA WORK 2-10 DISPUTED WORK SP-8 SECTION 3 - CONTROL OF THE WORK In case of conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. The Special Provisions shall take precedence over both the Project Plans and Standard Specifications. The precedence of Contract Documents are as follows: 1. Permits issued by regulatory agencies with jurisdiction. 2. Change Orders and Supplemental Contracts, whichever occurs last. 3. Addenda. 4. Contract. 5. Special Provisions. 6. Plans. 7. Bid/Proposal. 8. General Provisions. 9. Standard Plans. 10. Standard Specifications and Reference Specifications. 3-8.1 General Unless otherwise noted, submittals shall be submitted to the Engineer for review a minimum of twenty (20) Days prior to material procurement. Unless otherwise noted, three (3) hard copies, and one (1) electronic copy shall be provided for each submittal item. 3-8.4 Supporting Information Add to this section: n) Schedule of Values The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within any public right-of-way or on any City property outside the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment. 3-12.1 General Clean-up shall be done as Work progresses at the end of each Day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Day. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged plus mark-up to the Contractor and deducted from the Contract Price. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during 3-7 CONTRACT DOCUMENTS 3-8 SUBMITTALS 3-11 CONTRACT INFORMATION SIGNS 3-12 WORK SITE MAINTENANCE SP-9 construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site. 3-12.3 Noise Control. Unless otherwise noted, noise generated from the Contractor’s operations shall comply with the City of Seal Beach Municipal Code Section 7.25 Noise. 3-12.4 Storage of Equipment and Materials 3-12.4.1 General The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time. The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss. Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure materials are undamaged and are maintained under required conditions. All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor. 3-12.4.2 Storage in Public Streets Construction materials and equipment shall not be stored in streets, roads, sidewalk areas, or City property unless approved by the Engineer in advance. It is the Contractor’s responsibility to obtain an area for the storage of equipment and materials. The Contractor will not be allowed to start Work until the Inspector has reviewed and approved the storage and staging areas, which shall be fenced with green screen and secured on all sides. The Contractor shall obtain the Engineer’s approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move-in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre-construction condition, or better. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 3-12.5 Sanitary Sewers 3-12.5.1 General Throughout the progress of the Work, the Contractor shall be responsible for providing temporary sewer bypasses, providing temporary facilities, and providing all necessary coordination in order to maintain the continuous collection and transport of sewage. The Contractor shall submit a Work plan in accordance with the Contract Documents which provides details of the Work necessary to satisfy the above condition. SP-10 3-12.6 Water Pollution Control 3-12.6.1 General The Contractor shall comply with all applicable provisions of the Orange County Stormwater Run- off Manual throughout the course of construction. 3-12.6.2 Best Management Practices Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once weekly to keep the construction area acceptably clean wherever construction, including restoration, is incomplete. If City street sweeping is suspended for the Project, the Contractor shall be responsible for maintaining street cleanliness to the satisfaction of the Engineer, until City services are reinstated. Refer to BMP SE-7, Street Sweeping and Vacuuming in the BMP Handbook. Contractor shall NOT wash out vehicles, trucks, equipments, materials, and/or any appurtenances on streets and/or natural ground surface. Contractor shall provide separate washout facilities. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP) If required by a jurisdictional regulatory agency, the Contractor agrees to provide for City review and approval and implement an approved Storm Water Pollution Prevention Plan (SWPPP) to prevent the run-off of construction materials into the City’s storm water system. These run-off control measures are defined by the currently applicable National Pollutant Discharge Elimination System (NPDES) Permit R8-2010-0062, as may be amended or superseded. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES WATER QUALITY ORDER NO. 2009-0009-DWQ, AS MAY BE AMENDED OR SUPERSEDED On September 2, 2009, the State Water Resources Control Board adopted Order No. 2009-0009- DWQ (Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities and Land Disturbance Activities). Effective July 1, 2010, all discharges (construction sites where calculated soil disturbance totals 1 acre or more) are required to obtain coverage and comply with this Construction General Permit (CGP). Any amended, modified or successor orders are hereby incorporated herein by this reference. A copy of this permit and related documents/attachments may be found on the internet at: http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml The CONTRACTOR is hereby directed to read and understand all the requirements of this Permit as they relate to this Project. 3-13.1 Completion The Contractor shall complete all Work under the Contract within ___________ (____) Working Days from the Notice to Proceed. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as-built drawings of all Work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY SP-11 each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as-built plans. For the purposes of the calculation of liquidated damages, the Work herein contracted for shall be deemed to be completed within the meaning of this Contract when same has been actually completed in accordance with the plans and specifications therefore and to the satisfaction of the Engineer. The Project must be certified by the Engineer in accordance with Section 3-13 of the Standard Specifications and these Special Provisions. 3-13.2 Acceptance Any new Work found to be defective, damaged, or with graffiti prior to its acceptance shall be repaired or replaced by the Contractor at his/her sole expense. The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the Engineer: 1. A form of Notice of Completion, with all information required by the California Civil Code; 2. “Certificate of Occupancy” indicating approval by City departments and divisions; 3. Receipt by the City of all written guarantees, warranties, and approvals from governing agencies as specified herein; 4. Evidence that the Performance Bond has been extended and will remain in effect for the period specified in Section 1-7.2 of the Standard Specifications, as modified by these Special Provisions; 5. Submission of a full size digital and hard copy set of all as-built plans; and 6. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished in both digital and hard copy format for all equipment requiring periodic adjustments, maintenance or other operation procedures. The Contractor shall allow at least five (5) Days’ notice for final inspection. Such notice shall be submitted to the Engineer in writing. 3-13.3 Warranty For the purpose of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer’s acceptance of the final item(s) on that punchlist. The Contractor shall repair or replace defective materials and workmanship as required in this Section 3- 13.3 at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects. The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with SP-12 any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. The Contractor hereby guarantees that the entire Work constructed by him/her under this Contract will meet fully all requirements thereof as to quality of workmanship and materials furnished by him/her. The Contractor hereby agrees to make, at his/her/its own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by him/her/it that become evidence within one (1) year after City Council acceptance of the Work. Within one (1) year after acceptance of the Work, Contractor further agrees to restore to full compliance with any requirements any Work or materials found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the Contractor fails to make the repair and replacements promptly, the City may do the Work and the Contractor and his surety shall be liable to the City for the cost thereof. This guarantee shall be secured by the Faithful Performance Bond furnished under the Contract and said bond shall remain in force and effect until the expiration of said one (1) year period from date of acceptance of the Project by the City Council. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain “As-Built” drawings of all Work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment bill is submitted. The As-Built plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the Project. During this time, the material shall be made available to the Engineer. 3-14 CONTRACTOR’S RECORD/AS-BUILT DRAWINGS. SP-13 SECTION 4 - CONTROL OF MATERIALS The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the Work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor’s readiness for inspection. Submittals are required for all construction materials. Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the Work, such tests and inspections shall be paid for by the Contractor. Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the cost of all subsequent tests, including but not limited to the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than 48 hours after the Bid opening, unless a different deadline is listed in the Special Provisions. 4-1 GENERAL 4-3 INSPECTION 4-4 TESTING 4-6 TRADE NAMES SP-14 SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of public authorities that govern, regulate or control the performance of its Work. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or subcontractor not so licensed is subject to the penalties imposed by such laws. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of the City. If Contractor observes that any of the Contract Documents are at variance therewith in any respect, Contractor shall promptly notify the Engineer in writing and any necessary changes shall be adjusted by appropriate modifications. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and/or regulations, and without such notice to the Engineer, Contractor shall assume full responsibility therefore and he/she shall bear all costs attributable thereto. 5-3.1 General The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein. 5-3.2 Prevailing Wages Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents. The 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 paid 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 these Contract Documents by the Contractor or by any Subcontractor. 5-3.3 Payroll Records The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) Days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the 5-1 LAWS AND REGULATIONS 5-2 SPECIAL NOTICES 5-3 LABOR SP-15 request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner. 5-3.4 Hours of Labor The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The 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 paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project 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 (1) 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 the 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 eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices The 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. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City. 5-3.7 Registration with the DIR In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a Bid, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. 5-3.9 Subcontractors For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual SP-16 provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 5-3.10 Prevailing Wage Indemnity To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract. The insurance provisions of the Contract supersede the insurance provisions of Section 5-4 of the Standard Specifications. The Contractor’s attention is directed to the following provisions of California Government Code Sections 4552, 4553, and 4554, which shall be applicable to the Contractor and his or her subcontractors: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor 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. Sec. 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 by the Contractor or subcontractor pursuant to the public works contract or the subcontract. 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. If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Title 1, Chapter 11 of the Government Code, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the City as part of the Bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. 5-4 INSURANCE 5-5 ANTITRUST CLAIMS SP-17 5-7.1 Work Site Safety 5-7.1.1 General Due to the Project’s location, the Contractor shall be required to secure and render safe the entire construction area at the end of each Day. Work areas must be well barricaded and flagged. No open excavations will be allowed on the weekends. This Project must follow all AQMD, CAL/OSHA, and applicable Agencies Having Jurisdiction (AHJ) requirements and Rule 1403 for handling of Asbestos-Contained and Lead-Contained Materials. 5-7.7 Security and Protective Devices Contractor shall be responsible for and shall provide and maintain all required guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors. Contractor shall protect all Work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the Work per Section 3-12 of these Special Provisions. Contractor shall provide for the safety and good condition of all Work until final acceptance of the Work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance. Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City personnel. Any damage to private property shall be repaired at the sole expense of the Contractor. 5-7.8 Steel Plate Covers 5-7.8.1 General Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. Steel plates on pavement shall be pinned and recessed flush with existing pavement surface on arterial and collector roadways. The Contractor shall make all openings, trenches, and/or excavations covered, protected, and safely opened to the public at the end of each Day, unless otherwise approved by the Engineer. Reference is made to the indemnification provisions of the Contract, which are incorporated into the Standard Specifications by this reference. At the time of the award and until completion of the Work, the Contractor shall possess a General Engineering Contractor “A” License. At the start of Work and until completion of Work, the Contractor and all Sub-Contractors shall possess a valid Business License issued by the City. 5-7 SAFETY 5-8 INDEMNIFICATION 5-9 CONTRACTOR’S LICENSES. SP-18 SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK 6-1.1 Construction Schedule Within ten (10) Days before the scheduled pre-construction meeting, the Contractor must submit to the Engineer for review and approval the construction schedule required by the first paragraph of Section 6- 1.1 and shows critical path scheduling. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall not begin construction until the construction schedule is approved. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If Work falls behind the baseline schedule, the Contractor shall be prohibited from starting additional Work until Contractor has exerted extra effort to meet the baseline schedule and demonstrated the ability to maintain the schedule in the future. Such stoppages in Work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra Work because additional personnel and equipment were required on the job. The Contractor shall update the schedule periodically or as directed by the Engineer to reflect and delay or extension of time. In addition, the Contractor shall prepare 3-week look-ahead schedules on a bi- weekly basis with detailed daily activities. The Contractor shall update this Construction Schedule when directed by the Engineer, or when: a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule. The Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules. 6-1.1.1 Pre-Construction Conference Approximately ___________ (___) Days before the commencement of Work at the site, a pre- construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory. Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Days before the pre-construction conference. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following: 1) Construction Schedule. 2) Procurement schedule of major equipment and materials and items requiring long lead time. 3) Shop drawing/sample submittal schedule. 4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK SP-19 5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation. The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) Contractor’s tentative schedule. 2) Pre-construction video and photographic documentation. 3) Notification of local residents prior to starting any Work and keeping them informed throughout the Project. 4) Procedures for transmittal, review, and distribution of Contractor’s submittals. 5) Processing applications for payment. 6) Maintaining record documents. 7) Critical Work sequencing. 8) Maintaining utility service during construction, including proposed by-passes. 9) NPDES requirements. 10) Compliance with the Orange County Stormwater Programs, including the December 2012 “Construction Runoff Guidance Manual.” 11) Field decisions and Change Orders. 12) Use of Project site, office and storage areas, security, housekeeping, and City needs. 13) Major equipment deliveries and priorities. 14) Traffic Control. 15) Any other item that the City representative states is relevant to the meeting. The City will preside at the pre-construction meeting and will arrange for keeping and distributing the minutes to all persons in attendance. Attendance by the Contractor’s Project manager and superintendent, and its subcontractors is mandatory. 6-1.1.2 Weekly Construction Meeting Weekly construction meetings will be held during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a three (3) week “look ahead” schedule for each meeting. The City will prepare the meeting agenda and minutes, and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by the Engineer that weekly meetings are not necessary, the weekly construction meeting frequency may be changed. 6-1.2 Commencement of the Work The Contractor shall not begin any construction activity at the site before a “Notice to Proceed” has been issued, a pre-construction meeting has been conducted, and a schedule of Work has been approved by the Engineer. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 6-1.3 Construction Coordination and Phasing (Insert/revised construction coordination and phasing for each project’s needs) The following construction coordination and phasing items shall be considered and incorporated into the construction schedule: · Contractor shall not open construction areas that cannot be replaced on the same Day. SP-20 · All traffic lanes shall be opened to vehicular traffic at the end of each work period (day or night). Temporary striping or slurry tabs shall be placed daily on recently completed Work. Contractor shall be responsible for maintain any temporary striping until permanent striping is applied and accepted. · Asphalt removals, grading, pulverization, cement and asphalt placement, final grading and compaction, shall take place on a continuous sequential operation · Contractor shall coordinate with all affected residents/businesses to maintain access. · Unless otherwise permitted, no Work will be permitted on beachside of Electric Avenue between Memorial Day and Labor Day. · Remobilization work due to summer construction moratorium? · <insert conditions> 6-3.1 General The Contractor shall complete all Work under the Contract within XX CONSECUTIVE WORKING DAYS after the date on the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site prior to the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process shop drawings, and begin equipment/materials procurement. The Contractor shall ensure the availability of all material prior to the start of Work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of Work. The Contractor shall coordinate the Work of the various phases of the Project and/or its subcontractors to avoid interference, duplication of work or unfinished gaps between operations. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. No Work will be allowed on ________, _________ or City holidays, which are as follows: __________________________________________. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the Work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to Work outside normal working hours, the Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the day, he shall give 12 hours’ notice to the Inspector so that inspection may be provided. Additionally, the Contractor shall pay for supplemental inspection costs of $200 per hour when such time periods are approved. 6-3.2 Contract Time Accounting Add to this section: Designated City holidays are defined as: 1. January 1st (New Year’s Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President’s Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 6-3 TIME OF COMPLETION SP-21 9. December 24th (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31st (New Year’s Eve) 13. Special Election Days 14. Any other City-designed non-working days. If a holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-4.1 General The Contractor shall be entitled to an extension of the Contract time without the assessment of liquidated damages when delays in the completion of Work are extended by change order or caused by Acts of God, public enemies, fire, flood, epidemics, quarantine, restrictions, strikes, shortages of materials, trade embargoes and severe weather, delay of subcontractors due to such causes or delays caused solely by the act or omission of the City, as applicable. It shall be the responsibility of the Contractor to notify the Engineer in writing within five (5) Days prior to any such delay, if reasonably possible, and submit evidence as required by the Engineer to substantiate his/her entitlement to additional time. The term “severe weather” shall be construed to mean only such weather as in the judgment of the Engineer prevents Work or makes performance of the Work difficult or hazardous either during the weather’s occurrence or its aftermath. No extension of time will be granted for delay caused by shortage of materials. No time extension will be granted for delays which do not affect the critical path of the construction schedule provided at the Pre- Construction Meeting. No extension of time will be granted for any event, including pandemics, leading to the issuance of a “stay at home” or similar kind of order by any local, State, or federal governmental authority, if the Work has been deemed, either by emergency order or proclamation, or operation of law, to be an essential service that is exempt from such stay at home or similar order. Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time. 6-4.2 Extensions of Time In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays. Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work. 6-4 DELAYS AND EXTENSIONS OF TIME SP-22 This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. The following sentence is added to Section 6-8: In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract. Liquidated damages as set forth in Section 6-9 of the Standard Specifications shall be Five Hundred Dollars ($500) per calendar day. Nothing in this section shall prohibit the Engineer or City Council from granting to the Contractor an extension of time and the waiving of the liquidated damages. The intent of this section is to emphasize to the Contractor the importance of prosecuting the Work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of the Work. For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 3-13.1 of Part 1 of the Standard Specifications. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE 6-9 LIQUIDATED DAMAGES SP-23 SECTION 7 - MEASUREMENT AND PAYMENT 7-1.1 General Revise paragraph two to read: The unit and lump sum Bid prices for each item of Work shown on the Bid shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the Work, including restoring all existing improvements, to complete the item of Work in place and no other compensation will be allowed thereafter. Payment for incidental items of Work not separately listed shall be included in the prices shown for the other related items of Work. The following items of Work pertain to the Bid items included within the contractor’s Proposal. Reference is made to Section 7-2 of the Standard Specifications. 7-3.1 General Within ten (10) Days after award of the Contract, Contractor shall prepare and submit to the Engineer a complete and correct cost breakdown of the Contract sum for the purpose of establishing progress payments to the Contractor based on the progress of the Work, if any. The Contractor agrees to revise its original breakdown, if necessary, to satisfy the Engineer as to content, distribution of costs and form. On or before the 10th day of each month, the Contractor shall submit an invoice for payment to the Engineer. Said payment shall be in accordance with the Contract Documents and shall be in the amount accepted by the Engineer, less five percent (5%) of the amount accepted by the Engineer and less all previous payments made and sums to be kept or retained under the provisions of the Contract Documents. Payment will be made on or about thirty (30) Days following receipt of the invoice unless it is the subject of an audit by the City or is not properly submitted. A payment request is properly submitted if it contains all information necessary to document that the Work for which payment is requested has been performed, contains all required backup, including any materials required to be submitted to document compliance with the applicable Labor Code laws. Payments shall be made if the above conditions are satisfied and if funds are available for payment and the payment is not delayed due to an audit inquiry by the City or a dispute exists over the payment request. No payment will be made for materials prior to the complete installation of the materials. The unit and lump sum prices to be paid shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer. In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 7-3.2 Partial and Final Payment For purposes of Section 7-3.2, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the tenth (10th) Day of the following month for verification and payment consideration. 7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 7-2 LUMP SUM WORK 7-3 PAYMENT SP-24 7-3.2.1 Final Payment The Engineer, after the completion of the Project, shall make a final determination of the amount of Work done thereunder, and the value of such Work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract Documents. The prior partial payments and estimates shall be subject to correction in the final estimate and payment. In processing the final payment estimate, the Engineer will invite the Contractor to review and discuss said final estimate during the seven (7) calendar day period following acceptance of the Work by the City. It is mutually agreed between the parties to the Contract that no certificate given or payment made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment shall be construed to be an acceptance of any defective Work or improper materials. Retention or deposited securities shall be released to the Contractor sixty (60) calendar days after the date of completion as the term is defined by Section 7107(c) of the Public Contract Code. In the event of a dispute between the Contractor and the Contractor, the City shall withhold from the final payment to the Contractor an amount not to exceed 150 percent of the disputed amount. 7-3.2.3 Retention The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of acceptance or cessation, but not later than the period permitted by Public Contract Code Section 7107. 7-3.2.4 Final Invoice and Payment Whenever the Contractor shall have completely performed the Contract in the opinion of the Engineer, the Engineer shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 7-3.2.5 Substitute Security In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control. SP-25 7-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities. 7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor. 7-3.2.5.3 Subcontractor Entitlement to Interest If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the SP-26 Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor. 7-3.2.5.4 Securities Eligible for Investment Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. 7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control. 7-3.5 Contract Unit Prices 7-3.5.2 Increases of More than 25 Percent Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity shall be paid according to the Contract Unit Price. No adjustments in the Contract Unit Price will be allowed. 7-3.5.3 Decreases of More than 25 Percent Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in Contract Unit Price will not be made. 7-3.8 Eliminated Items Should any Bid item be eliminated in its entirety prior to the Notice to Proceed date, no payment will be made for said Bid Item. Should any Bid item be eliminated in its entirety after the Notice to Proceed date, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineering so stating its elimination. 7-3.9 AUDIT The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-3.9 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the SP-27 City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions. 7-4.3 Markup 7-4.3.1 Work by the Contractor Add to this section: Except as agreed upon by the parties or as provided herein, Section 7-3 or 7- 4 of the Standard Specifications shall govern the payment of costs for Work performed pursuant to change orders. Except as otherwise provided, the Contractor shall be entitled to a mark-up (consisting of reasonable profit and overhead costs) of a maximum amount not to exceed: · Labor 15% · Materials 15% · Equipment Rental 15% · Other Items & Expenditures 15% for Work performed pursuant to a change order. Such mark-up shall be the sole monetary compensation to which the Contractor shall be entitled above the actual cost for performing such Work. 7-4.3.2 Work by the Subcontractor When all or any part of the extra Work is performed by a Subcontractor, the markup established in subsection 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of five- percent (5%) of the subcontracted portion for the extra Work may be added by the Contractor. 7-4 PAYMENT FOR EXTRA WORK SP-28 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel. 8-1 GENERAL SP-29 Section 9 is hereby added to Part 1 of the Standard Specifications, as follows: SECTION 9 - ADDITIONAL TERMS The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. Until the final acceptance of the Work by the City Council in accordance with Section 3-13.2 of the General Provisions, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his/her Bid. The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests. If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions. Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 9-1 NONDISCRIMINATORY EMPLOYMENT 9-2 CONTRACTOR’S RESPONSIBILITY FOR WORK 9-3 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY 9-4 REMOVAL OF INTERFERING OBSTRUCTIONS 9-5 SOILS ENGINEERING AND TESTING 9-6 ACCESS TO PRIVATE PROPERTY SP-30 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, “claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any Subcontractor must file a claim in accordance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable). In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract. The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 9-7 CLAIM DISPUTE RESOLUTION 9-8 THIRD PARTY CLAIMS 9-9 COMPLIANCE WITH LAWS 9-10 CONTRACTOR’S REPRESENTATIONS 9-11 CONFLICTS OF INTEREST 9-12 APPLICABLE LAW SP-31 The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in the Superior Court with geographic jurisdiction over the City. Time is of the essence in these Contract Documents. The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third 9-13 TIME 9-14 INDEPENDENT CONTRACTOR 9-15 CONSTRUCTION 9-16 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES 9-17 TERM 9-18 NOTICE SP-32 (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other. If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect. 9-19 SEVERABILITY SP-33 PART 2 CONSTRUCTION MATERIALS PART 2 – CONSTRUCTION MATERIALS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 2 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SP-34 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Concrete Curb, Gutter, Curb and Gutter, Sidewalk, Ramp 560-C-3250 Concrete Cross Gutter, Rolled Curb, Alley Intersections, Driveways 560-C-3250 Storm Drain, Local Depressions, and Miscellaneous Structures 560-C-3250 Curing Compound Type I D Concrete mix design shall be submitted to the Engineer a minimum of ten (10) Days prior to installation. 201-1.2 Materials. 201-1.2.1 Cement a) Portland Cement Type II/V Portland cement shall be used. 201-1.2.5.3 Fly Ash. The use of fly ash will not be allowed. 201-2.2.1 Reinforcing Steel. Reinforcing steel shall be deformed bars conforming to ASTM A615 or A706 Grade 60. Unless otherwise noted, bars shall be galvanized after fabrication in accordance with ASTM A767/A, Class 1, except that chromating is not required. 201-3.1 General Expansion joints shall be placed in curb and gutter at 80 feet intervals and valley gutters and sidewalks at 40 feet intervals with joint sealants (gray color) and at the BCR and ECR and around utility poles. Dowels for contact joints shall be #4 galvanized bars 18 inches long. Weakened plane joints shall be at 10 feet intervals. 201-3.5 Type “B” Sealant (Preformed Elastomeric Sealant) Elastomeric sealant shall be gray in color. 201-4.1.1 General. Concrete curing compound shall be Type 1 (clear or translucent). 201-1 PORTLAND CEMENT CONCRETE. 201-2 REINFORCEMENT FOR CONCRETE 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-4 CONCRETE CURING MATERIALS SP-35 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic, unless otherwise noted. All pavement markers shall comply with Section 84 of the State of California Standard Specifications. 214-6.3 Non-Reflective Pavement Markers 214-6.3.1 General All new non-reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass-covered faces, or approved equal. 214-4 PAINT FOR STRIPING AND MARKINGS 214-6 PAVEMENT MARKERS SP-36 PART 3 CONSTRUCTION METHODS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 3 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SECTION 300 - EARTHWORK 300-1.1 General The Clearing and Grubbing work items identified in Section 300-1 shall include the following: removal and/or relocation of any native or non-native interfering items or structures encountered; replacement of any damaged grass or landscaped areas impacted by the construction activities; tree, shrub, and ground cover trimming; mailbox and sign relocation; roof and curb drain relocation. Trees and plants that are not to be removed shall be fully protected from injury by the Contractor at its expense. Trees and plants that are removed shall be done in such a manner as not to injure adjacent trees, plants, and improvements which are to be preserved. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. Non reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse and the Contractor’s expense. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate Bid items. 300-1.2 Root Pruning and Tree Trimming The Contractor shall have a licensed Arborist, approved by the Engineer, directing all tree pruning operations and all trimming of roots in excess of 2” diameter on the Project. In the event a tree that is to be protected is damaged and must be removed due to Contractor negligence, the Contractor shall reimburse the City for the full appraised value of said tree. 300-2.1 General Unclassified excavation shall consist of, but not limited to, all sawcutting, excavation, including roadways, bituminous pavement, and concrete pavement, curb and roof/curb drain relocations, walk, gutters, structural encounters, cross gutters, driveways, access ramps, alley intersections, and any native/non-native items necessary to accommodate the Work, and the disposal of such items. 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SP-37 Improvements removed without prior approval of the Engineer are subject to replacement at the Contractor’s cost. Sidewalks to be removed to nearest score line or joint. In addition to those items specified in Section 300-2.1, unclassified excavation shall include all grading, shaping, excavation, compacting, subgrade preparation, consolidating or other Work that is needed to establish the final profiles and subgrade for to accommodate Contract improvements. 300-2.1.1 Requirements Bituminous pavement shall be removed to neatly sawed edges as required by the Engineer. Saw cuts shall be full depth. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch (25mm) of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials. 300-2.2 Unsuitable Material. 300-2.2.1 Wet Material Subsection 300-2.2.2 of the Standard Specifications is hereby deleted and replaced with the following: If required excavated material is unsatisfactory for use as backfill solely because of high moisture content, the Contractor shall provide imported backfill per the requirements of Subsection 306- 1.3.7 of the Standard Specifications. If such high moisture content is not the result of any action on the part of the Contractor, or inaction in protecting the Work during the course of the Contract, the imported backfill will be paid in accordance with Section 3. This price shall include all costs associated with transporting and disposing of any excess material away from the Project site, with no additional compensation allowed therefor. Otherwise, the Work and material shall be at the expense of the Contractor. 300-2.6 Surplus Material It shall be the Contractor’s responsibility to remove and dispose of all excess material resulting from earthwork operations, including excavated pavement fabric and material of any character that is not suitable for use in fill or backfill. Any excess material not needed for the Project shall be removed from the Project by the Contractor and disposed of in compliance with local, state and federal regulations. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-1.2 Subgrade for Concrete Structures All roots shall be removed from subgrade within two inches of concrete structures. Root barrier locations to be determined by the Engineer prior to Work. Root barriers and root pruning shall conform to SPPWC Standard No. 523-2. 303-1.8 Placing Concrete 303-1.8.1 General Curb and gutter shall not be placed monolithic with other concrete improvements, such as curb ramps or sidewalk. A cold joint is required at the back of curb. Scoring shall match adjacent scoring pattern. 303-1 CONCRETE STRUCTURES SP-38 303-5.1 Requirements 303-5.1.1 General 1. Driveway approaches shall be reconstructed and open for use within three calendar days after the commencement of driveway approach removal. 2. Curb access ramps, sidewalks, curb and gutter shall be reconstructed and open for use within five calendar days after commencement of their removal. 3. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 4. Reconstructed sidewalk shall be open to public use on the day following concrete placement. 5. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be replaced within 72 hours following concrete placement. 6. All damaged private improvements shall be repaired in-kind to the satisfaction of the respective owner within 72 hours of reconstruction Work. 7. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such Work until the Work is ready for public use. 8. Contractor shall be responsible for protecting all new concrete from vandalism. 303-5.1.4 Truncated Dome Curb ramp detectable warning surface shall consist of raised truncated domes installed on curb ramps in conformance with Caltrans Standard Detail A88A and these special provisions. Unless otherwise noted, the detectable warning surface shall be prefabricated, cast-in-place, or stamped into the surface of the curb ramp. Detectable surfaces that are attached to the top of the ramp or non-flush set surfaces are not allowed. The color of the detectable warning surface shall be dark gray conforming to Federal Standard 595B. Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations. The finished surfaces of the detectable warning surface shall be free from blemishes. The manufacturer shall provide a written minimum 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the Contract. 303-5.4 Joints 303-5.4.1 General Joints in concrete curb, gutter, and walk shall be designated as expansion and weakened plane joints and shall adhere to the guidelines as set forth in the Greenbook and on the Contract Documents. Expansion joints required every 20’ on sidewalks and every 40’ on curb and gutter. Additional expansion joints may be required as directed by the Engineer. The Contractor shall sawcut all existing concrete joints prior to be joined to existing improvements, unless otherwise directed by the Engineer. Sealant shall be used in curb and gutter expansion joints. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS SP-39 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer or water lateral or water valve locations on the face of the curb. The Contractor shall mark the curb with a chiseled “S” or “W” for sewer or water lateral and a chiseled “V-X” for water valve locations. “X” shall indicate the number of feet from the curb face to the valve. 303-5.5.3 Walk Unless otherwise noted, walk shall be given a medium-broom finish applied transversely to the centerline. 303-7.1 General Colored concrete shall be procured by Method B – Integral color. 303-13.1 Temporary Resurfacing Temporary patching of the trench is required immediately after backfilling in the paved or surfaced portions of the street. The Contractor shall be responsible for maintaining said temporary patching at all times, until permanent resurfacing has been completed by the Contractor. The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing material shall be included in the Contract unit price bid for the various items of Work involved and no additional compensation will be allowed. 303-7 COLORED CONCRETE 303-13 TRENCH RESURFACING SP-40 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 314-4.1 General All temporary traffic striping and markings shall be applied in one coat of paint as soon as possible within 24 hours after the finish course has been applied. All Stop Bars shall be temporarily striped on the same day before the street is reopened to traffic. 314-4.2 Control of Alignment and Layout The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary ½ inch in 40 feet from the existing alignment. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop Bars shall be painted before the end of each Day. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings The Contractor shall inventory the entire Project limits prior to the start of Work. The Contractor shall place all striping and markings with reflectorized thermoplastic, upgraded to the current standards, in- kind. The Contractor shall “cat track” for stripings and markings no later than 24 hours after application of slurry. The Contractor shall notify the Engineer when “cat tracking” is completed and ready for review. The final reflectorized thermoplastic striping shall not be applied until the slurry seal has been in place for at least 7 calendar days. Thermoplastic striping shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines. Thermoplastic striping shall be applied at 0.90 mm minimum thickness at all crosswalks and limit lines. If the Contractor fails to perform the striping as specified herein, the Contractor shall cease all Contract Work until the striping has been properly performed. Such termination of Work shall require the Contractor to re-install “NO PARKING, TOW-AWAY” signs and re-notify the affected residents and businesses at the Contractor’s sole expense. In addition, if the Contractor removes, covers, or damages existing striping and/or raised pavement markers outside of the Work area Contractor shall re-stripe and/or replace such Work items at the Contractor’s expense. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior to application of thermoplastic striping. The primer shall be formulated for the intended application. 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-5 PAVEMENT MARKERS SP-41 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry has been in place for at least 15 calendar days. SP-42 PART 4 EXISTING IMPROVEMENTS The Sections that follow supplement, but do not replace, the corresponding provisions in Part 4 (Existing Improvements) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SECTION 400 - PROTECTION AND RESTORATION All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid. The second paragraph of subsection 400-1 is hereby deleted and replaced with the following: The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, drains, signage, striping, markings, utility installations, pavements, structures, landscaping, etc.), or damaged or removed as a result of Contractor’s operations. This Work shall also include the replacement, relocation, and/or reconstruction of private improvements that are impacted by the Project, including, but not limited to, those impacts associated with Project construction activities in the vicinity of the downstream limits of the Project. Where existing or Project-constructed traffic striping, pavement markings, raised pavement markers, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements within three (3) Days of final paving. Temporary striping and markers shall be placed until permanent improvements are installed. Relocations, repairs, replacements, or reestablishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. The Contractor shall, prior to the beginning of Work, inspect the Project for existing survey monuments, property corners, and centerline ties, and then schedule a meeting with the Engineer to review the location of the monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments, corners, or ties are removed or otherwise disturbed during the course of the Work, the Contractor’s California Registered Land Surveyor shall restore the affected survey monuments, corners or ties. The Contractor’s Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon restoration Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work 400-1 GENERAL 400-2 PERMANENT SURVEY MARKERS 400-3 PAYMENT SP-43 No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. Permanent survey markers will be restored by the Contractor at its own expense. SECTION 402 - UTILITIES The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site. Contractor shall be required to verify (pothole) depths and locations of all utility line crossings prior to excavation and to adjust grade to avoid utility lines at no additional compensation. The plans include approximate locations and extents of most, and not necessarily all, utility crossings. This information was derived from a search of available information and may not be complete. The Engineer and the City make no guarantees, warranties, or assurances that the information is complete or reflective of field conditions. The cost of verifying depths and locations of all utility line crossings shall be borne by the Contractor. The Contractor shall notify the owners of all utilities and substructures as set forth in Section 600-1 Temporary Traffic Control General Access. Within five (5) Days after the completion of the Work, or phase of Work, the Contractor shall remove all Underground Service Alert (USA) utility markings. Any surface damaged by USA marking application and/or removal effort shall be repaired to its pre-construction condition, or better, at the Contractor’s sole expense 402-1 LOCATION SP-44 402-1.1 General The Contractor shall notify the Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate: CITY OF SEAL BEACH Public Works Department (562) 431-2527 Attention: Iris Lee Water Division (562) 431-2527 ext.1409 Attention: Darrick Escobedo SOUTHERN CALIFORNIA EDISON COMPANY (562) 981-8236 Attention: Jeffrey Berry THE GAS COMPANY (714) 634-3039 Attention: Saul Saenz VERIZON (714) 822-6207 Attention: Matt Bergine SPECTRUM/CHARTER (714) 591-4882 Attention: Antonio Ortiz FRONTIER COMMUNIATIONS (714) 375-6717 Attention: Ariel Fatalla ORANGE COUNTY SANITATION DISTRICT (714) 593-7242 Attention: Rich Leon UNDERGROUND SERVICE ALERT (USA) (800) 422-4133 The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the Work to verify points of connection and potential conflicts. No segment of Work shall begin until the Contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within five (5) Days after completion of the Work or phase of Work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damage by the removal effort shall be repaired to its pre-construction condition or better at the Contractor’s expense. SP-45 402-1.3 Entry by Utility Owners The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all. If the Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City. In the event that an existing pull box, meter box, or any other utility box is damaged by the Contractor and is not re-useable, the Contractor shall provide and install a new replacement pull box, meter box, or any other utility box of identical type and size at no additional cost to the City. Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings. The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor. 402-2 PROTECTION 402-3 REMOVAL 402-4 RELOCATION 402-6 COOPERATION SP-46 SECTION 404 - PART 6 TEMPORARY TRAFFIC CONTROL The Sections that follow supplement, but do not replace, the corresponding provisions in Part 6 (Temporary Traffic Control) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control. SECTION 600 - ACCESS Traffic control shall conform to Section 601 of the Standard Specifications, the W.A.T.C.H. Handbook, the most recent edition, and the State of California "Manual of Traffic Control Devices," most recent edition, and must be approved by the Engineer. The Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. Notices to Residents/Businesses: The Contractor shall prepare and distribute written notices to each affected residence and business advising them that access to their property will be temporarily restricted. The Contractor shall submit draft notification letters to the Engineer for review and approval prior to distribution. Notification letters shall be distributed by Contractor two weeks in advance of beginning of construction giving notice of traffic restriction, period of construction, and suggested use of alternate routing. Exact wording on the advanced notification letters will be approved by the Engineer. Notification shall be provided to all properties with frontage on the Project limits and all affected properties. The Contractor shall also hand deliver additional notice(s) in the form of a door hanger to all affected residents and businesses affected by the Work at least 5 Days in advance of the Work. A draft shall be submitted by the Contractor to the Engineer for approval 10 Days in advance of required posting. Reproduction of the public notices and door hangers shall be the responsibility of the Contractor. The public notices and door hangers shall be reproduced on minimum 65# color hard stock material. Errors in distribution, false-starts, acts of nature, strikes or other alterations of the schedule will require re- notification by the Contractor, at Contractor’s cost, using an explanatory letter prepared by the Contractor and approved by the Engineer. The Contractor shall submit to the Engineer, at least 24 hours in advance, a written statement that such notices have been distributed. The Contractor shall post no parking signage 48 hours prior to construction. If required, the Contractor shall install and maintain in place “NO PARKING-TOW AWAY” signs (even if streets have posted “NO PARKING” signs) which shall be posted at least seventy-two (72) hours in advance of the need for enforcement. In addition, it shall be the Contractor’s responsibility to notify the City’s Police Department at (562) 799-4100 for verification of posting at least seventy-two (72) hours in advance of the need for enforcement. The Contractor shall have photographic proof of placement of signs. The Contractor shall print the hours and dates of parking restriction on the “NO PARKING-TOW AWAY” sign in 2-inch high non-erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-1 GENERAL 600-2 VEHICULAR ACCESS SP-47 The Contractor shall provide safe pedestrian access at all times. Pedestrian access to all storefronts, offices, residences within the limits of Work must be maintained at all times. Detours may be necessary. Appropriate signage and barricades are required for sidewalk closures at detour locations. 600-3 PEDESTRIAN ACCESS SP-48 SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES The Contractor shall furnish, install, and maintain adequate signage, barricades, delineators, yellow safety ribbons, changeable message board, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the changeable message boards shall be updated by the Contractor as directed by the Engineer. Signs shall be erected on barricades and not delineators. Flagging may be necessary. Prior to construction, the Contractor shall submit to the Engineer for approval a traffic control plan. The traffic control plan shall be prepared by a Civil or Traffic Engineer licensed in the State of California. The plan shall include, but not be limited to, location of all signs and proposed vehicular and pedestrian traffic flow diagrams. If approved by the Engineer, Contractor may use applicable temporary traffic control set- ups in accordance with the Work Area Traffic Control Handbook (WATCH) Manual for local streets, collectors and alleys, and shall not be used for arterials. Submittal of said traffic control set-ups to the Engineer for review and approval at least ten (10) Days prior to commencement of any Work applies. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricade, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City’s trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor’s responsibility to make alternative trash collection arrangements by contacting the City’s Public Works Yard, at (562) 431-2527 Ext. 1414, and all affected property owners. 5. The Contractor shall make special accommodations to provide access for residents with disabilities on the closed streets. 6. If necessary, temporary shutdown of streets and alleys must be approved by the City a minimum of 72 hours in advance of the proposed closure. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. Sidewalk closures in residential area, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 9. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. 601-1 GENERAL 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP) SP-49 ***END OF SECTION*** SP-50 APPENDIX A <PROJECT NAME> Project Plans EXHIBIT O REFERENCE DOCUMENTS The provisions of Chapter 9.60 (BUILDING CODE) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code are hereby incorporated herein by this reference, and are available at the following link: https://ecode360.com/SE5012 1. The provisions of the California Building Code as adopted and amended by City of Seal Beach shall apply to all buildings and structures, excluding the provisions of the California Residential Code. 2. The provisions of the California Electrical Code as adopted and amended by City of Seal Beach shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 3. The provisions of the California Mechanical Code as adopted and amended by City of Seal Beach shall apply to the installation, alterations, repairs and replacement of residential and commercial mechanical and gas systems, including equipment, appliances, fixtures, fittings and for appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Where there is a conflict between the California Mechanical and Plumbing Codes, as related to chapters for gas or fuel, the provisions provided in the Plumbing Code shall prevail. 4. The provisions of the California Plumbing Code as adopted and amended by City of Seal Beach shall apply to the installation, alteration, repair, replacement of plumbing systems and gas delivery systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems. 5. The mandatory provisions of the California Fire Code as adopted and amended by City of Seal Beach shall apply to all new and existing buildings, structures and premises. EXHIBIT P DEBARMENT CERTIFICATION EXHIBIT Q STANDARD FORM-LLL, “DISCLOSURE FORM TO REPORT LOBBYING” EXHIBIT R DRUG-FREE WORKPLACE CERTIFICATION FORM HUD-50070 (3/98) Rev. 4/2021 Sourcewell IFB #CA-101723 Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California Page 1 Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-GB-101723-MDJ Service Type: General Building This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and MDJ Management, LLC, 531 Main St, Suite 611, El Segundo, CA 90245 (Contractor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States. The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region. I. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances. II. REGION AND SERVICES The Contractor’s Region is: Region 8. The Contractor’s IDIQ construction service type is: General Building. The Contractor has agreed to perform work outside the Region. III. ADJUSTMENT FACTORS The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information. A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500.           Rev. 4/2021 Sourcewell IFB #CA-101723 Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California Page 2 B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2000. C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500. D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500. E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2800. VI. AUTHORIZED REPRESENTATIVE A. Sourcewell's Authorized Representative is its Chief Procurement Officer. B. The Contractor’s Authorized Representative is Matthew McMillon. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing. Sourcewell MDJ Management, LLC By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: Date:                   AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #CA-R8-GB-101723-MDJ THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB-101723-MDJ, is effective upon the date of the last signature below. Sourcewell and MDJ Management, LLC (“Contractor”) have entered into an Indefinite Delivery-Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-MDJ, with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”). The parties agree to modify and extend the Contract as stated below. CONTRACT MODIFICATION The following is adopted as the new CTC for the Contract effective December 6, 2024: Sourcewell California - Region 8 Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification. EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2024 through December 5, 2025. Sourcewell MDJ Management, LLC By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: Date: Docusign Envelope ID: 7DDBE139-72E0-4A5D-8E63-D5944C7C43EE 11/14/2024 | 8:26 PM CST11/14/2024 | 8:46 PM CST AGREEMENT TO MODIFY AND EXTEND SOURCEWELL CONTRACT #CA-R8-GB-101723-MDJ THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB-101723-MDJ is effective upon the date of the last signature below. Sourcewell and MDJ Management, LLC (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-MDJ with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”). This contract has previously been extended by the parties for the term ending December 5, 2025. The parties agree to modify and extend the Contract as stated below. CONTRACT MODIFICATION The updated CTC will appear in the eGordian software upon receipt of the executed extension document. Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification. EXERCISE OF OPTION: EXTENSION Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2025 through December 5, 2026. Sourcewell MDJ Management, LLC By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon Title: Chief Procurement Officer Title: President Date: Date: Docusign Envelope ID: D48A8846-94C3-4C41-B8DF-C73F987F7205 10/29/2025 | 3:16 PM CDT 10/30/2025 | 6:21 PM CDT Agenda Item E AGENDA STAFF REPORT DATE:September 28, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Awarding a Professional Services Agreement with BKF Engineers for Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7821: 1. Approving and awarding a Professional Services Agreement to BKF Engineers for Professional Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 (Project) for a not-to-exceed amount of $74,922, and rejecting all other proposals; and, 2. Authorizing the City Manager, or his designee, to execute the Agreement with BKF Engineers on behalf of the City; and, 3. Authorizing the City Manager, or his designee, to approve additional work requests for professional design and construction support services up to $15,000 (approximately 20%). BACKGROUND AND ANALYSIS: What is the ECP Tier 1 Grant Program? The Environmental Cleanup Program (ECP) Tier 1 Grant Program, funded through Measure M2 and administered by the Orange County Transportation Authority (OCTA), provides competitive grants to Orange County cities and agencies for projects that reduce transportation-related pollution entering storm drain systems, waterways, and ultimately the ocean. The program focuses on capturing visible pollutants such as trash, litter, and debris before they leave roadways and storm drains. Page 2 2 3 6 5 Tier 1 projects typically fund installation of: Hydrodynamic separators (HDS) Catch basin screens Full trash capture devices Retractable screens Other stormwater best management practices (BMPs) The grants are intended to help local agencies comply with federal and state water quality regulations, including California's Trash Amendments, while supplementing rather than replacing, local funding. The City was previously awarded a grant through the 2024 OCTA Project X Tier 1 funding cycle for installation of an HDS unit, a device that removes sediment, trash, and other pollutants from stormwater by using the natural flow of water and gravity, near the intersection of Galleon Way and Electric Avenue. This project was designed and is now in the construction phase. The 5th Street HDS unit will be the second unit to be funded through the same ECP Tier 1 grant and will be installed within the existing storm drain system in the Bridgeport community. Seal Beach's ECP Tier 1 Award In the 2025 OCTA Project X Tier 1 funding cycle, the City received funding for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602. The Project was recommended for approximately $600,000 in Measure M2 funding, with a required 20 percent local match, which has been budgeted at $263,188, for a total project budget of $863,188. The approved scope includes the installation of: One Hydrodynamic Separator (HDS), One Automatic Retractable Screen (ARS-FX), and Expansion of an existing catch basin On August 5, 2026, the City issued a Request for Proposals (RFP) for the Project through PlanetBids. On August 26, 2026, at 10:00 am, staff received two (2) proposals for evaluation. The evaluation panel, comprised of Public Works staff, independently evaluated the proposals based on the firms’ overall qualifications, relevant experience, availability, familiarity with the City’s policies and the ECP Tier 1 grant program, and understanding of and approach to delivering a successful project. Page 3 2 3 6 5 Staff Recommendation Based on this panel’s evaluation, staff recommends that the City enter into an agreement with BKF Engineers (BKF) for professional design and construction support services for the Project. The agreement is separate from BKF’s existing on-call agreement and was procured through a project-specific solicitation. BKF has satisfactorily completed similar work for the City of Seal Beach and nearby agencies. Based on experienced gained from the Galleon Way project and the potential for unforeseen conditions associated with construction along 5th Street, staff recommends including a 20 percent (20%) contingency to address additional geotechnical investigation, potholing, and other unforeseen work that may be necessary to locate existing utilities and avoid potential delays during installation. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 Class 1, Subsection (b) of the CEQA Guidelines because it can be seen with certainty that approval of the BKF Engineers Professional Services Agreement will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution and agreement as to form. FINANCIAL IMPACT: The recommended professional services agreement budget plus contingency totals $89,922. Sufficient funds have been allocated in the approved Fiscal Year 2026-27 budget under CIP SD2602. Description Cost BKF Engineers (Design/Construction Support)$74,922 BKF Engineers (20% Contingency)$15,000 $89,922 Unspent funds will be returned to the original funding source. RECOMMENDATION: That the City Council adopt Resolution 7821: 1. Approving and awarding a Professional Services Agreement to BKF Engineers for Professional Design and Construction Support Services for Page 4 2 3 6 5 the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 (Project) for a not-to-exceed amount of $74,922, and rejecting all other proposals; and, 2. Authorizing the City Manager, or his designee, to execute the Agreement with BKF Engineers on behalf of the City; and, 3. Authorizing the City Manager, or his designee, to approve additional work requests for professional design and construction support services up to $15,000 (approximately 20%). SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS: A. Resolution 7821 B. Professional Services Agreement for Design Professional and Construction Support Services RESOLUTION 7821 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS FOR PROFESSIONAL DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE 5TH STREET AT ELECTRIC AVENUE STORMWATER TREATMENT PROJECT, CIP SD2602 WHEREAS, in the 2025 OCTA Project X Tier 1 funding cycle, the City of Seal Beach (City) received funding for the Stormwater Treatment Improvements at 5th Street at Electric Avenue (Project), CIP SD2602; and, WHEREAS, funding for the Project was included in the Fiscal Year 2026-27 Capital Improvements Program (CIP) for the design and construction services; and, WHEREAS, on August 26, 2026, the City received two (2) proposals in response to the Request for Proposal (RFP); and, WHEREAS, the City performed a detailed review and evaluation of the proposals and deemed BKF Engineers as the most qualified; and, WHEREAS, City and consultant wish to enter into an agreement for Project design and construction support services, as provided herein. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows: Section 1. The City Council hereby approves the Professional Services Agreement (Agreement) between the City of Seal Beach and BKF Engineers for design and construction support services in a not-to- exceed amount of $74,922 for the Project. Section 2. The City Council hereby authorizes the City Manager, or his designee, to execute the Agreement with BKF Engineers. Section 3. The City Council hereby authorizes the City Manager, or his designee, to approve additional work requests for design and construction services up to $15,000 (approximately 20%). Section 4. The City Council hereby rejects all other proposals. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of September 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7821 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September 2026. Gloria D. Harper, City Clerk DESIGN PROFESSIONAL SERVICES AGREEMENT for Professional Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & BKF Engineers 4675 MacArthur Court, Suite 400 Newport Beach, CA 92660 (949) 526-8460 This Professional Service Agreement (“the Agreement”) is made as of September 28, 2026, (the “Effective Date”), by and between BKF Engineers (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). 2 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 RECITALS A. City desires certain engineering design professional and construction support services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals (“RFP”) on August 5, 2026, for Professional Design Engineering Services for the 5th Street at Electric Avenue Stormwater Treatment Project and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated August 26, 2026, to perform the professional design and construction support services defined and described in Section 1.0 of this Agreement. C. Consultant represents that the principal members of its firm are licensed and registered professional engineers and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional design and construction support services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Consultant’s Services 1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional design and construction support services (collectively “Services”) set forth in the Request for Proposals or other solicitation (“RFP”), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant’s accepted Proposal (“Proposal”), dated August 26, 2026, attached hereto as Exhibit B and incorporated herein by this reference, all to City’s reasonable satisfaction. The Services relate to the following City project: 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602. 1.2. Agreement Documents; Order of Precedence. 1.2.1. The Agreement Documents include this Agreement, and all of the following: (i) Exhibit A (the RFP, including all standards, appendices and 3 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 exhibits attached thereto or referenced therein); and (ii) Exhibit B (the Proposal (Consultant’s accepted proposal, “Proposal”); and (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). Exhibits A, B and C are incorporated herein by this reference as though set forth in full. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A (the RFP); and then (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, and/or C on the other hand, the Agreement shall control. Nothing in the Proposal (Exhibit B) shall vary or waive any terms, provisions or conditions of this Agreement. 1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by City shall not operate as a release of Consultant from such standard of care and workmanship. 1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative. 1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund 4 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. Original Term. The term of this Agreement shall commence on September 28, 2026, and shall remain in full force and effect until June 30, 2029, unless sooner terminated as provided in Section 5.0 of this Agreement. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement. 3.0 Consultant’s Compensation 3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $74,922.00 (Seventy-Four Thousand Nine Hundred Twenty-Two dollars) for the Original Term. Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term. 4.0 Method of Payment Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of 5 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date set forth in the notice of termination. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is City’s representative for purposes of this Agreement. 6.2. Dan Villines is Consultant's primary representative for purposes of this Agreement. Dan Villines shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in 6 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: BKF Engineers 4675 MacArthur Court, Suite 400 Newport Beach, CA 92660 Attn: Dan Villines 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Consultant is an independent contractor and not an employee of City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform 7 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 8 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s 9 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1. 11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion 10 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, or other data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, volunteers and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the geographical boundaries of City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena. 12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, and/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 thereunder or with respect to any project or property located within the geographical boundaries of City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant’s sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors. All authorized subcontracts, if any, shall contain a provision making the subcontractor subject to the terms, requirements and provisions of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of Consultant’s rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation 11 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant. 17.0 Insurance 17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 12 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 17.2.1. Commercial General Liability Insurance, with a minimum limit of $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance, with a minimum limit of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance with a minimum limit of $1,000,000 per accident and in the aggregate for bodily injury or disease. 17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance, with a minimum limit of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. 17.4. Additional Insureds. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, 13 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of Consultant's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, 14 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Insurance 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. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the 15 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 obligations of Consultant under this Agreement. Consultant may 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 Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. 17.15. Subcontractor Insurance Requirements/Pass-Through Clause. Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request. 17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or 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 insurance policies. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault. 16 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 18.2. Other Indemnities. 18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the active or sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.2.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor, subconsultant and/or such other person or individual shall bear the legal liability) in the performance of the Services or this Agreement, 17 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials. 18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees. 18.6. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, or any of City’s consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 18 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 20.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Government Code Claim Compliance In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against 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 additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City. 24.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 25.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in 19 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 26.0 Non-Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement. 27.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 28.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 29.0 Prohibited Interests; Conflict of Interest 29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee 20 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 30.0 Final Payment Acceptance Constitutes Release The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its officers, directors, employees, agents, servants. and subcontractors for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its officers, directors, employees, agents, servants and subcontractors. 31.0 Corrections In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 32.0 Non-Appropriation of Funds Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, 21 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 33.0 Mutual Cooperation 33.1. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 33.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 34.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 35.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith. 36.0 Recitals City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 37.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 22 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 38.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, Consultant is formally bound to the provisions of this Agreement. 23 of 25 RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: _________________________ Patrick Gallegos, City Manager Attest: By: _________________________ Gloria D. Harper, City Clerk Approved as to Form: By: _________________________ Nicholas Ghirelli, City Attorney CONSULTANT: BKF Engineers, a California corporation By: __________________________ Name: Roger Chung Its: Associate Vice President By: __________________________ Name: Peter Wijsman Its: Executive Vice President (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED Peter C Wijsman Digitally signed by Peter C Wijsman DN: C=US, E=pwijsman@bkf.com, O=BKF, OU=Infrastructure Division, CN=Peter C Wijsman Date: 2026.09.24 08:59:05-07'00' City of Seal Beach Master Approved: 4/24/26 3224469v1 EXHIBIT A CITY REQUEST FOR PROPOSALS – Professional Design Engineering Services for the 5th Street at Electric Avenue Stormwater Treatment Project City of Seal Beach Request for Proposals for Professional Design Engineering Services for the 5th Street at Electric Avenue Stormwater Treatment Project RFP responses to be received until 10:00 A.M., August 26, 2026 in the Public Works Department ATTN: Kathryne Cho, Deputy Director of Public Works/City Engineer Approved for Advertising: Kathryne Cho Deputy Public Works Director/City Engineer Date Issued: August 5, 2026 Page 2 of 16 Table of Contents I. INTRODUCTION .................................................................................................. 3 II. QUALIFICATIONS ................................................................................................ 3 III. SCOPE OF SERVICES ........................................................................................ 4 IV. DELIVERABLES ................................................................................................... 6 V. PRE-PROPOSAL QUESTIONS ........................................................................... 6 VI. SCHEDULE .......................................................................................................... 6 VII. SUBMITTAL REQUIREMENTS ............................................................................ 7 VIII. FEE PROPOSAL ................................................................................................ 11 IX. INTERVIEW........................................................................................................ 11 X. SELECTION PROCESS ..................................................................................... 11 XI. GENERAL CONDITIONS ................................................................................... 12 EXHIBIT A ..................................................................................................................... 15 SAMPLE PROFESSIONAL SERVICES AGREEMENT ........................................... 15 EXHIBIT B ..................................................................................................................... 16 CITY OF SEAL BEACH – 2025 ECP TIER 1 - PROJECT X .................................... 16 AWARDED APPLICATION DATED MAY 8, 2025 ................................................... 16 Page 3 of 16 REQUEST FOR PROPOSALS FOR Design Professional Services for the 5th Street at Electric Avenue Stormwater Treatment Project I. INTRODUCTION On May 2010, the Orange County Transportation Authority (OCTA) Board of Directors (Board) approved a two-tiered approach to fund the Measure M2 Project X Environmental Cleanup Program (ECP). The Tier 1 Grant Program is designed to mitigate the more visible forms of pollutants, such as litter and debris, which collect on roadways and in catch basins (i.e., storm drains) prior to being deposited in waterways and the ocean. The Tier 2 Grant program provides funding for larger projects, potentially multi-jurisdictional, capital-intensive structural treatment best management practice (BMP) types of projects. On March 31, 2026, the City of Seal Beach was granted funds via the 2025 ECP Tier 1 Project X call for projects to construct the 5th Street at Electric Avenue Stormwater Treatment Project (Project) which is an effort aimed at enhancing local stormwater quality and mitigating downstream impacts by intercepting pollutants before they reach the West End Pump Station (WEPS) and the San Gabriel River. The City is seeking proposals from qualified professional engineering firms (Consultant) for the preparation of a bid package to be advertised for a public bid to construct the Project. Consultant shall take into consideration OCTA grant performance timelines and incorporate this information in their proposed schedule. II. QUALIFICATIONS Minimum Qualifications · Valid California Professional Civil Engineering license for the discipline of Work. · Valid City of Seal Beach business license for the term of the Agreement, if selected. · Prior experience in preparing bid documents for similar type of installation. · Proficiency with applicable regulatory agencies’ rules and regulations, or ability to subcontract a firm to provide such services. Desirable Qualifications · Knowledge and experience with the City of Seal Beach’s standards and practices. · Knowledge and experience with OCTA’s 2025 ECP Tier 1 – Project X grant program and timelines. Page 4 of 16 III. SCOPE OF SERVICES Task 1: Project Management This task includes general project management and administrative functions such as regular communications with City staff, coordination with project stakeholders, record keeping and progress meetings and minutes with City staff. Consultant will be responsible for tracking the OCTA ECP grant, required timelines, requesting for time extensions and progress reporting, as needed. Consultant shall provide a tentative schedule taking into account typical design, as well as OCTA grant milestones. Task 2: Survey and Mapping The consultant will review available survey control and mapping records from City and County sources and perform field surveys to establish control and collect topographic data within the project limits. Survey activities will include all surveying and mapping work necessary to complete the design in place, including, but not limited to locating visible site features, obtaining invert elevations of existing storm drain system, and identifying right- of-way boundaries based on recorded documents. The collected data will be compiled into a topographic map at a scale of 1" = 20' with 1-foot contour intervals or at an interval recommended by the Consultant and approved by the City. A final field review will be conducted to verify mapping accuracy and document any additional site features as needed. Task 3: Utility Search and Coordination Public and private utilities within the project limits will be identified, and utility maps and verification requests will be obtained. A utility base map will be prepared using the collected information, and identified utilities will be incorporated into the project plans. The Consultant will be responsible for coordinating with utility providers to identify potential utility conflicts and coordinate any required utility relocations necessary for the installation of the proposed stormwater treatment improvements. Task 4: Potholing Where utility locations cannot be confirmed from available records and may affect the proposed infiltration facility design, utility potholing will be performed to verify their locations. This scope assumes up to seven (7) potholes. Excavations will be backfilled with compacted native material and restored with concrete asphalt as appropriate upon completion. Task 5: Prepare 60% Plans, Specifications and Estimates Prepare 60% design plans, specifications and estimate (PS&E) for the proposed improvements using the City's standard title block and special provisions template. The plans will include plan and profile views, major project components, points of connection, and affected existing features. The specifications will incorporate applicable Greenbook references and technical specifications, as needed. Estimates shall reflect bid items outlined in the City’s grant application. The 60% submittal will be provided electronically Page 5 of 16 in PDF format (hard copies upon request) for City review, and comments received will be incorporated into the 90% design plans and specifications. Task 6: Geotechnical Investigations and Reporting Perform a geotechnical investigation including review of available information, site reconnaissance, subsurface exploration, and geotechnical analysis. Geotechnical Engineer shall provide recommendations for site suitability, soil conditions, excavation and compaction, seismic design parameters, trenching, liquefaction potential, and soil corrosion. A stamped geotechnical report will be prepared documenting findings, boring logs, exploration locations, and laboratory results and included in the contract/design documents. Task 7: Prepare 90% Plans, Specifications and Estimates Prepare 90% PS&E for the proposed treatment improvements using the City's standard title block and special provisions template. The plans will include plan and profile views, major project components, points of connection, affected existing features and SWPP/BMP considerations, as appropriate. The specifications will incorporate applicable Greenbook references and technical specifications, as needed. Estimates shall reflect bid items outlined in the City’s grant application. 90% plans shall include a title sheet, general notes, storm drain plan, profile and details and hydrodynamic separator device details. The 90% submittal will be provided electronically in PDF format (hard copies upon request) for City review, and comments received will be incorporated into the final design plans and specifications. Task 8: Final Plans, Specifications and Estimates 90% PS&E comments shall be incorporated into the final PS&E package. Final PS&E shall be submitted to the City, with all documents signed and stamped by a California- registered engineer. The final package will be prepared for advertisement and public bidding. Task 9: Meetings and Coordination Meetings will be conducted throughout the project to coordinate information exchange and provide status updates to the City. Anticipated virtual meetings include design kickoff, 60% review, 90% review, and final plan submittal review meetings. Consultant shall attend Owner/Engineer/Contractor weekly meetings to resolve submittals, RFIs and unforeseen field conditions. Weekly meetings may be virtual or in- person depending on the topic to be discussed. Task 10: Bid and Construction Support Services Provide bid-phase and construction support services as requested by the City. Services may include attending the pre-bid conference and job walk, responding to bidder inquiries, Page 6 of 16 preparing addenda, reviewing bids, and providing recommendations. A conformed PS&E package will be prepared to reflect approved bid-phase changes and issued for construction. Construction support may include review of shop drawings, material submittals, contractor RFIs and attending construction meetings, as needed. Record drawings will also be prepared based on approved construction changes and contractor-provided field markups. IV. DELIVERABLES The Consultant shall: 1. Prepare the PS&E per Section III (Scope of Services) above, including: a. Design Schedule outlining general design and OCTA grant milestones b. 60% PS&E c. 90% PS&E d. Final PS&E for public bid e. Addenda, as needed f. Conformed PS&E that reflects all addenda issued during bidding phase The final bid documents shall be signed and stamped by a current California-registered Civil Engineer in the State of California and include supporting documentation. V. PRE-PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to submit via PlanetBids: The City will respond in writing to all questions and requests for clarification received by 5:00 pm on August 12, 2026. All questions and requests for clarification must be in writing. VI. SCHEDULE The following dates reflect the anticipated schedule:  Request for Proposal Solicitation 08/05/2026  Pre-Proposal Question Deadline 08/12/2026, 5:00 p.m.  Proposal Submittal Deadline 08/26/2026, 10:00 a.m.  Consultant Interview (if conducted) September 2026  Contract Award by City Council October 2026  Notice to Proceed October/November 2026 Page 7 of 16 VII. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 10:00 AM on August 26, 2026, to the following. Postmarks will not be accepted. Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 kcho@sealbeachca.gov (562) 431-2527 ext. 1321 Please submit one (1) original, two (2) hard copies, and one (1) electronic copy of the Consultant’s Proposal. Proposals received after the date and time listed above may not be accepted or considered for this Project. The City is not responsible for any costs or expenses incurred by a firm responding to this RFP and will not reimburse firms for any costs or expenses incurred in preparing proposals in response to this RFP. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected consultant. All information/documentation submitted as part of this RFP will become property of the City and shall not be returned and will become a public record and are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. Provided, however, that proposals will not be subject to disclosure until a decision, if any, has been made to recommend a consultant to the City Council, to terminate this process, or to reject all proposals. Once that decision is made, all proposals are subject to public disclosure. Additionally, all property rights, including publication rights of all reports produced by the selected consultant in connection with services performed under this Agreement shall be vested in the City. The City reserves the right to make use of any information or ideas in the proposal submitted. The City shall not in any way be liable or responsible for the disclosure of any such information. Reservation of Rights The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. Receipt of a proposal does not obligate the City to enter into a contract. The City expressly reserves the right at any time to: Page 8 of 16 · Waive or correct any defect or informality in any response, Proposal, or Proposal procedure. · Reject any or all Proposals. · Reissue a Request for Proposals. · Prior to submission deadline for Proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the Proposals. · The City recognizes that price is only one of several many criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest priced RFP response. · The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants who submit RFP responses. · Procure any materials, equipment or services specified in this RFP by any other means. · Terminate this process at any time. · The City reserves the right to inspect the Consultant’s place of business prior to award or at any time during the term of the Agreement or any extension thereof, to determine the Contractor’s capabilities and qualifications. · Verify the Consultant’s submitted information by contacting any of Consultant’s references. · The City reserves the right to determine whether a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to change the terms and conditions of this RFP and is not bound by any verbal representations concerning it. Any questions must be submitted prior to 5:00 pm on August 12, 2026. If any changes to this RFP are made, the City will provide notice to any firms that have made a submittal. This information will be provided via addendum in accordance with Section VII. Where only one responsive proposal is received, the City may negotiate price with the sole responsive consultant, or it may reject the proposal, conduct a new RFP process, or cancel the RFP. The City may select the top one or more scoring proposers with which to negotiate, as deemed necessary by the City. Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents References Exceptions Page 9 of 16 Local Staffing List Company Qualifications Schedule/Hours Contract Signatories Fee Proposal DIR Registration Number/Contractor’s License Project Understanding/Approach/Scope of Services Business Entity Proposal shall be a maximum of 25 pages, excluding cover page, cover letter, table of contents, resumes and report dividers. Cover Letter: It shall provide an executive summary of the proposal and designate the firm’s authorized representative regarding this RFP and include a statement that this RFP shall be incorporated in its entirety as a part of the Consultant’s quote. Cover letter shall not exceed two pages. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including subconsultants. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the Consultant’s project manager. The Proposer may utilize the services of specialty Subconsultants on those parts of the Work that, under normal contracting practices, are performed by specialty Subconsultants. Unless a specific Subconsultant is listed by the Proposer, the Proposer is representing to City that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. Subconsultants are subject to the same state and federal requirements applicable to the Consultant. After submission of his/her/its proposal, the Proposer shall not award Work to any unlisted Subconsultant(s) without prior written approval of the City. The Proposer shall be fully responsible to the City for the performance of his/her Subconsultants, and of persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relation between any Subconsultant and the City. Resumes of proposed staff shall be provided. Company Qualifications: Provide a summary of the firm’s qualifications, including background and experience. Schedule/Hours: Provide an anticipated schedule and number of hours necessary to complete each of the anticipated task/phase, and the overall project. Project Understanding/Approach/Scope of Services: Describe the firm’s understanding of the project identifying, any key issues that may need special attention. Page 10 of 16 Describe how the firm will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: The Consultant shall provide a minimum of five (5) references from public agencies for whom the Consultant has designed and prepared a bid package installing a Hydrodynamic Trash Separator within the public right-of-way or similar scope within the last five (5) years. Information shall include, at a minimum: · Agency name · Scope of work and/or services provided, Consultant/Subconsultant. · Project outcome · Design services, construction value, addenda/change orders · Funding source · Dates · Staff assigned to referenced engagement that will be designated for work per this RFP · Client project manager name, valid telephone number, and email Exceptions: The Consultant shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or the City’s standard professional services agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Fee Proposal: In order to assure that the City of Seal Beach is able to acquire professional services based on the criteria set forth in Government Code Section 4526, the proposal shall include a Cost-Plus Fixed Fee proposal for all tasks associated with the bid document development. Proposing Consultants will be required to submit certified payroll records, as required. The fee schedule shall be submitted in a separate sealed envelope from the proposal marked as “5th Street at Electric Avenue Stormwater Treatment Project - Fee Proposal”. The Fee proposal is confidential and will not be unsealed until after all proposals have been reviewed, and the ranking has been completed. Upon selection of the most qualified firm, the associated Fee Schedule/Cost Proposal will be used as a basis for contract negotiations. A contract will be negotiated on the basis of the submitted Fee Schedule/Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter negotiations with the second highest ranked firm, and so on. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. DIR Registration/Contractor’s License (if applicable): Clearly indicate the Consultant’s Department of Industrial Relations registration number for the Consultant and any Subconsultant and provide the Consultant and Subconsultant’s license information. Page 11 of 16 Business Entity: Clearly indicate the firm’s business entity type (i.e., a California corporation). VIII. FEE PROPOSAL The Consultant shall provide a fee schedule outlining all applicable employee classifications and hourly rates for each task and subtask as well as any other direct costs. The proposal shall provide a breakdown of fees associated with each project task and associated review and approval stage. The Fee Schedule for the project that is submitted in a separate sealed envelope (as outlined above), shall include all work necessary to complete the project. The Consultant shall also take into consideration the following: 1. Compensation for services, and any optional tasks, provided will be on a time-and- materials, not-to-exceed amount. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant’s standard billing rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with the mark- up rate for any non-labor expenses and sub-consultants, if allowable. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranked consultant, if necessary. IX. INTERVIEW Top ranked consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Project Team may be requested to present the teams’ and their qualifications at an interview. X. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. Page 12 of 16 POTENTIAL EVALUATION CRITERIA Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, may be rated a Fail in the Evaluation Criteria and may receive no further consideration. Qualifications & Experience (40%) Experience and technical competence of the firm and key personnel on similar projects of equal complexity. Organization & Approach (35%) Understanding and approach to the Work including, but not limited to, task breakdown, scheduling, and staffing. Comprehensive project work plan, including considerations that may have been overlooked, along with opportunities and constraints to help ensure successful execution. References & Familiarity (20%) References and familiarity with ECP Tier 1 Project X Grant timelines. Conformity (5%) Willingness to agree to all terms of the professional services agreement. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a “short list” and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates’ places of business. Consultants should be aware that award may be made without consultant visits, interviews, or further discussion or negotiations. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations: The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. Page 13 of 16 The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information, go to www.sealbeachca.gov . D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, Seal Beach City Charter, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by the City with respect to or in any way arising from the Project’s compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. The Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the “Public Work”), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. The City makes no representation or statement that the project or any portion thereof, is or is not a “public work” as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, the Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or subcontract must contain the following provision: “It shall be mandatory for the consultant to pay not less than the said prevailing rate of wages to all workers employed by the contractor in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771.” E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the Page 14 of 16 performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Consultant and each Subconsultant or other Subcontractor, if any, in the Proposal. Page 15 of 16 EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 DESIGN PROFESSIONAL SERVICES AGREEMENT for 5th Street at Electric Avenue Stormwater Treatment Project between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & <Consultant Name> <Address> <City, State, Zip Code> <Phone Number> This Professional Service Agreement (“the Agreement”) is made as of <INSERT DATE> (the “Effective Date”), by and between <CONSULTANT’S COMPLETE LEGAL NAME> (“Consultant”), <TYPE OF LEGAL ENTITY AND STATE OF FORMATION (e.g., a California corporation, partnership, limited liability company, sole proprietorship, etc.)> and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”). City of Seal Beach Master Approved: 4/24/26 3224469v1 EXHIBIT A CITY REQUEST FOR PROPOSALS -- Engineering Services for 5th Street at Electric Avenue Stormwater Treatment Project City of Seal Beach Master Approved: 4/24/26 3224469v1 EXHIBIT B PROPOSAL (Consultant’s Proposal for Professional Engineering Services, dated XXXXXXXX) City of Seal Beach Master Approved: 4/24/26 3224469v1 EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant 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. Consultant shall, as a penalty to City, forfeit $200.00 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 City of Seal Beach Master Approved: 4/24/26 3224469v1 employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant 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 City of the location of the records. 8. Consultant 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. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 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 Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: City of Seal Beach Master Approved: 4/24/26 3224469v1 “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.” 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Page 16 of 16 EXHIBIT B CITY OF SEAL BEACH – 2025 ECP TIER 1 - PROJECT X AWARDED APPLICATION DATED MAY 8, 2025 5TH STREET AT ELECTRIC AVENUE ST ORMWATER TREATMENT PROJECT May 8, 2025 2025 – Project X – Environmental Cleanup Program Tier 1 Mason Dosher Orange County Transportation Authority 600 South Main Street Orange, CA 92686 CITY OF SEAL BEACH 5th Street at Electric Avenue Stormwater Treatment Project 2025 – Project X – Environmental Cleanup Program Tier 1 TABLE OF CONTENTS SECTIONS PAGE ECP Tier 1 Grant Application ……………………………………………………………….……………….1 Section One (General Project Information) …………………………………………………………….1 Section Two (Detailed Project Information & Scoring) ………………………………………………3 Section Three (Additional Project Details) …………………………………………………………….12 ATTACHMENTS A. Environmental Documentation …………………………………………………………………………A-1 B. Detailed Project Estimate ………………………………………………………………………………..A-5 C. Location Maps & Project Site Photos …………………………………………………………………A-7 D. Detailed Project Schedule ………………………………………………………………………………A-11 E. Design / Concept Drawings and Calculations for Questions #2 and #3…………………..A-13 F. City Council Resolution ………………………………………………………………………………….A-27 G. Project Drainage Areas, Priority Land Use and BMP Locations………………………………A-31 H. Not Applicable I. Stormwater Treatment Feasibility Study for Marina Hills North, Bridgeport and Old Town …….A-35 PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 1 of 14 APPLICATION INSTRUCTIONS Local Agencies applying for Project X ECP funds are required to complete and submit this application. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding. SECTION I: General Project Information Applicant Information Agency: City of Seal Beach Project Title: 5th Street at Electric Avenue Device Type(s) & Quantity: One (1) HDS Aqua-Swirl® Trash Capture (AS-9s BYP CW), or equivalent One (1) ARS-FX™ curb opening screens, or equivalent Project Manager: Kathryne Cho, Deputy Director of Public Works/City Engineer Phone: (562) 431-2527 x 1321 Email: kcho@sealbeachca.gov Proposed Funding Summary Total Project Cost: $ 863,188 Local Match: (Cash Only, 20% minimum) $ 263,188 M2 ECP Funds Request: $ 600,000 Project is Part of a Larger Construction Effort: No Project Readiness & Schedule City Council Approval: 5/27/2025 Design & Permitting (If Applicable) 10/1/2025 Award of Contract 3/1/2026 Construction/Installation (Start and Completion) Start: 5/1/2026 Completion: 11/30/2026 Application Checklist YES N/A A Environmental Documentation (As Applicable)  ☐ B Detailed Project Estimate  ☐ C Location Maps & Project Site Photos  ☐ D Detailed Project Schedule  ☐ E Design/Concept Drawings  ☐ F City Council Resolution  ☐ G Project Drainage Area(s), Priority Land Use(s), and BMP Location(s) shapefiles/KMZs  ☐ H Preliminary agreements with joint and/or third-party entities (As Applicable) ☐  PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 2 of 14 Project Description – Describe the project location and the Tier 1 type improvements proposed. If the project is included in an existing Integrated Water Management Plan, please provide details on why it was included. Use additional pages as needed. The City of Seal Beach is 11.8 square miles located in the westernmost corner of Orange County with over 2 miles of Pacific Ocean beaches to the south, and the San Gabriel River directly west. The City is relatively flat terrain and has a history of drainage issues. Trash and debris entering the storm drain system often lay on the bottom of drainpipes because there is minimal slope. The potential for clogging and slow drainage during rainstorms has been an on-going concern throughout the city, and Seal Beach Public Works has been pro-active in expanding the installation of stormwater protection devices to mitigate problems. In 2023, City Staff removed 4.5 tons of trash and debris from 218 catch basins during the bi-annual cleanings. The 5th Street at Electric Avenue Stormwater Treatment Project (Project) is an effort aimed at enhancing local stormwater quality and mitigating downstream impacts by intercepting pollutants before they reach the West End Pump Station (WEPS) and the San Gabriel River. There is a catch basin at this location and a 12-inch CMP, which drains to a junction structure of U/S reach of 5’ (W) x 3’ (H) RCB and the D/S reach of 58” (W) x 36” (H) CMP in Electric Avenue. The current drainage area to this catch basin is approximately 1.8 acres, and the future tributary area to this location is going to be 37.3 acres. The increase of the tributary area will require a construction of 720 feet of 48-inch diameter RCP storm drain in 5th Street from Electric Avenue to Coastline Drive, including crossing of Pacific Coast Highway (PCH). The project upgrades one (1) catch basin equipped with Automatic Retractable Screens (ARS) and constructs a 48-inch RGRCP to efficiently redirect flow into a proposed in-line Hydrodynamic Separator (HDS) system with a bypass extension reconnecting to the Electric Avenue drainage system. The WEPS is located at the city's western edge and is pivotal in managing stormwater runoff from a substantial 173-acre area encompassing the Bridgeport Community, along with parts of Old Town and Marina Hills North. This serves an area with about 5,000 residents or 20% of the city’s population. The facility's crucial role is highlighted by its two axial-flow pumps, each capable of processing 100 cfs, particularly critical during peak storm conditions. The proposed 5th Street project is located north of Electric Avenue. This project will enhance the quality of stormwater management and address infrastructure challenges at 5th Street. The current drainage area is approximately 1.8 acres, but the future tributary area is 37.3 acres (21.6% of the total WEPS tributary area). The need for these improvements was highlighted in the Stormwater Treatment Feasibility Study for Marina Hills North, Bridgeport, and Old Town conducted in April 2024. This study utilized hydrology and hydraulic data from the City’s 2008 Master Plan of Drainage Update and the 2018 Marina Drive Storm Drain Study, identifying critical areas for enhancement. The Project in Seal Beach effectively integrates two advanced Best Management Practices (BMPs): the ARS and the HDS system, each selected to optimize stormwater quality management specific to this urban location. The ARS will be installed adjacent to the new catch basin on 5th Street and is particularly effective during low-flow conditions. The inclusion of the ARS enhances system performance and provides additional screening capacity during high-flow events, reducing the risk of bypass or overflow. The ARS design can efficiently trap up to 95% of trash and debris ¾ inch or larger from the streets. This ensures that the bulk of visible litter is captured before it can reach the catch basin and storm drain system. PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 3 of 14 SECTION II: Detailed Project Information & Scoring 1. Describe the need for the selected BMP(s), including nexus to transportation pollutants, and detail the benefits to water quality the BMP(s) will achieve. (up to 15 Points) In Seal Beach, the 5 th Street at Electric Avenue Stormwater Treatment project (Project) exemplifies the intersection of urban development and environmental stewardship, focusing on managing transportation-related pollutants. Central to this project is the installation of the Aqua-Swirl® Trash Capture (AS-9s BYP CW) or an equivalent Hydrodynamic Separator (HDS) system. This advanced system is particularly effective in urban settings where pollutants from vehicles, such as oil, grease, and heavy metals, are prevalent. Designed to capture Total Suspended Solids (TSS), floatable trash, debris, coarse sediments, and free oil, the HDS also features a bypass mechanism. This crucial bypass allows the system to handle high-flow demands during intense storms without sacrificing the removal and retention of collected pollutants, ensuring continuous protection of local waterways. Complementing the HDS, will be the installation of the G2 Construction ARS-FX™ curb opening screen at new catch basins representing the initial phase of debris capture. This screen aligns with Seal Beach's citywide program to preemptively remove ¾ inch debris before it enters further into the stormwater system, enhancing the overall effectiveness of the city's stormwater management strategy. The Project site is located just northeast of Electric Avenue, is primarily characterized by medium-density residential and commercial properties and is bisected by Pacific Coast Highway (PCH) on its easterly side. Situated within the Marina Hills North, Bridgeport, and Old Town community areas, the development of these areas include homes, buildings, parking lots, green space, smaller lower volume local streets with on-street parking, and a very high percentage (80%) of impervious surfaces. The planned improvements are within ½-mile proximity to popular beach and recreational areas, which means that the area attracts visitors. These recreational activities for residents and visitors increase local traffic and potentially generate greater amounts of trash and debris, often dropped or blown onto the streets. This exacerbates the challenges of managing increased stormwater runoff and pollutants in an extremely level area only 5 to 9 feet above sea level. The need for effective stormwater management solutions in the 5 th Street and PCH area is critical to address both the volume of runoff from impervious surfaces and the pollution generated by high traffic and recreational activities. Strategically located, the Project is designed to mitigate these environmental impacts through advanced stormwater treatment practices. The city’s objective is to increase the capturing and treating of local runoff before it reaches the West End Pump Station (WEPS) and the Pacific Ocean. By implementing such measures, the project not only protects these vital water bodies from urban pollutants but also reduces debris in the drainpipes, contributing to the maintenance of mainline flow and enhancing overall water quality management in the area. Both the proposed Tier 1 HDS Aqua-Swirl® Trash Capture (AS-9s BYP CW) and G2 Construction ARS-FX™ curb opening screens have an extremely high rate of capturing larger non-vehicle pollutants such as small plastics (bottlecaps, food wrappers, etc.) and items that are accidentally dropped (face masks, receipts, etc.) as well as landscaping chemicals (pesticides) and nutrients (phosphorus and nitrogen), and bacteria (animal waste, etc.). We expect a 100% reduction in the most visible forms of pollutants such as plastic debris (food containers, bags, bottles), trash (cigarette butts, paper) and vegetative debris (leaves, branches, landscaping) that end up on the roads, sidewalks, and parking areas from storms, wind, and landscape or overwatering. The vehicle pollutants are deposited on roadways and parking lots before and during rain events. It includes materials from the mechanical wear of brakes and tires, fuel combustion, and fluid leaks, that drop hydrocarbons and metals (copper, lead, zinc, etc.). The ARS-FX catch basin curb-opening screen and existing catch basin capture systems contribute to removal of larger roadway trash items that often absorb these pollutants or bind to debris such as leaves, grass clippings, and sediment that make up most of the pollutant volume entering stormwater inlets. PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 4 of 14 The recommended Aqua-Swirl®, HDS system or equivalent, utilizes hydrodynamic and gravitational forces along with a stainless-steel screen to efficiently provide additional pollutant separation in removing litter and capturing free oil in addition to the debris larger than 5mm, and TSS. These separators excel in removing pollutants commonly associated with transportation, such as oil, grease, heavy metals (like copper and zinc from vehicle wear and tear), and other particulates. By facilitating a separation process where these contaminants are isolated and collected within the unit, hydrodynamic separators prevent contaminants from entering the downstream flow and degrading the water quality reaching local natural waterways. By controlling sediment at the source, these systems help prevent erosion and preserve aquatic ecosystems. They can handle large volumes of water and efficiently remove pollutants and debris with minimal upkeep, making them a cost-effective solution for urban areas with significant transportation-related pollution. In addition, while the HDS system is primarily designed for water quality improvement, it also contributes to stormwater management by regulating flow rates and reducing the peak flow entering stormwater systems. This capability can help mitigate the risks of flooding in urban areas, especially during heavy rainfall events, thus protecting infrastructure and operations from stormwater surges. HDS systems fit well in urban environments where space is limited and the demand for efficient, effective stormwater treatment is high. They support sustainable urban development by ensuring that stormwater management does not compromise water quality, thereby contributing to the overall health of the urban ecosystem. Certification as a Full Trash Capture device by the California State Water Resources Control Board is required to confirm its proven efficacy and regulatory compliance. The final HDS design needs to address the City Flood Protection Design Criteria, which requires drainage improvements in areas draining to a pump station (sump conditions) must be designed to convey the peak runoff resulting from a high confidence 25-year storm. The HDS system as a BMP provides significant benefits to water quality by effectively controlling and treating urban and transportation-related pollutants in stormwater runoff. PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 5 of 14 2. Based on information provided by the applicant, a cost/benefit calculation will be conducted to compare the total project cost to the area of priority land uses treated by the proposed BMP(s). Please complete the table below: (up to 16 points): BMP(s) Type 1 Type 2, etc. Type(s) of BMP(s) proposed: HDS ARS Number of each BMP type: 1 1 Total drainage area(s) contributing to each BMP type: 37.3 1.8 including Comm & PCH Total Drainage area(s) that is/are considered Priority Land Uses*: 1.8 1.8 1.8 Total Project Cost: $863,188 Cost/Benefit ($/ac of priority land uses): $479,549 Project Score (to be completed by OCTA): TBD *Refer to City General Plans for general land use distribution/coverage information. Refer to the Statewide Trash Provisions for a complete definition of Priority Land Uses (e.g. high density residential, industrial, commercial, mixed urban, public transportation stations). 3. Pollutant Reduction Benefits: Project benefits will be based on treatment capacity and BMP type. Applicant to provide the calculations used to determine the following scores: (up to 12 points): Line Factor Points Available Multiplier Line Score A Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) 1 3 3 B Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 1.5 3 4.5 C BMP Multiplier: 0.5 6 3 •0 points if BMP is not low-impact development (LID) or treatment control •1/3 point for high-capacity systems •2/3 point for filters/biofilters •1 point for zero-discharge BMPs Project Score: 10.5 Scoring Equation (Max 12 points): (Ax3) + (Bx3) + (Cx6) Calculations may be provided on a separate sheet (Att achment E) PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 6 of 14 4. How effectively will the proposed project deal with the more visible forms of pollutants, such as litter and debris? (up to 10 points) The City’s proposed project is 100% effective in preventing visible forms of pollutants from entering the waterways and ending up in the receiving waters downstream. Our plan project has two excellent lines of defense. The following describes their contributions: Automatic Retractable Screen (ARS): The ARS installation at catch basins serves as a primary line of defense against urban pollution, effectively blocking at least 95% of visible pollutants larger than ¾-inch from entering water systems. It captures a broad spectrum of primary pollutants, including plastics, general trash, vegetative debris, and various urban visible wastes. A secondary benefit includes the capture of pollutants that might adhere to the primary trash and debris such as hydrocarbons and metals like copper, cadmium, and zinc from vehicle runoff, and other substances like pathogens and organic compounds. Regular street maintenance removes visible collections. This project installs only one screen on the new catch basin, but it adds to the existing and expanding inventories. It should be noted that the proposed catch basin will have a 30-ft wide opening. Hydrodynamic Separator (HDS): The recommended HDS unit, Aqua-Swirl Trash Capture AS-9s BYP CW model is an in-line unit utilizing a vortex-type hydrodynamic separation technology to effectively remove and capture visible forms of pollutants, such as litter and debris from the adjacent catch basin and upstream runoff. The recommended HDS unit has a container diameter of 9.5 feet (114 inches) with a trash storage capacity of 16.2 cubic-ft. This system operates on the principle of gravitational and hydrodynamic drag forces that facilitate the settling of solids from the flow, thus targeting larger, visible pollutants directly. The process, in which particles settle and migrate to the center of the swirl chamber floor-where the velocities are lowest- ensures that even lighter forms of litter and debris can be effectively captured. The design of the sediment pile at the base of the swirl chamber ensures that these settled particles are retained and not re-suspended, which is critical for managing visible pollutants. The use of a 4,700-micron (4.7 mm) perforated screen manages trash and debris collection. This screen size is adequate to trap 100% (per independent testing) of visible litter larger than 5mm, preventing it from passing through the system while allowing water to flow. The strategic placement and design of the screen, affixed to the base of the arched baffle and extending vertically below it, ensure that captured trash is effectively retained within the system. The system's ability to capture and retain floatable items and trash on the inlet side of the baffle is a targeted approach to dealing with these pollutants. By capturing pollutants upstream and preventing their progression through the water treatment system, the recommended HDS system ensures that these visible pollutants are effectively managed and removed from the water flow through the system. It is a higher price solution that provides localized stormwater treatment and added benefits of management. The recommended Aqua-Swirl AS-9s BYP CW model includes features specifically designed to provide a high level of effectiveness in dealing with visible pollutants like litter and debris. Its design also provides easy access to the storage and removal of the captured pollutants. Table 1. Aqua-Swirl® Full Capture Systems Aqua-Swirl® Model Debris/Oil Storage Capacity (gal) Sediment Storage Capacity (ft3) AS-9S 910 145 PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 7 of 14 5. What other BMP types were considered for this project? Why was the proposed BMP chosen? (5 points) Due to the relatively flat drainage area, the City has a history of drainage issues. As a result, we must select our stormwater devices carefully. For the 5 th Street at Electric Avenue Stormwater Treatment project (Project), the selection of Best Management Practices (BMPs) involved a thorough review of systems that best met the specific needs for enhancing stormwater quality and improving flood control in Seal Beach. This assessment prioritized systems that effectively manage urban runoff and could capture transportation and urban-related pollutants from the stormwater before discharging to the downstream system. The required future maintenance was also considered. The Automatic Retractable Screen (ARS-FX™) was the selected BMP to be installed at the newly proposed catch basins. It is consistent with the City’s current water quality program to capture visible trash and larger debris during periods of low flow and preventing such materials from entering the stormwater system. This BMP is valued by cities for its straightforward operation, cost-effectiveness, and minimal maintenance, making it an optimal first line of defense against visible pollutants. The proposed Aqua-Swirl® Trash Capture (AS-9s BYP CW) HDS is a BMP designed to provide high-flow treatment system capable of providing 100% removal of coarse sediments, debris, and oils/other floatable pollutants contained in stormwater during high intensity rain events. Our research focused on advanced technologies and the assessment of various HDS systems to determine which system would best meet the requirements for this specific location. The selection of the Aqua-Swirl system followed extensive research into various HDS systems, focusing on performance, integration capabilities, and environmental impact including the following: • Compatibility with Existing Infrastructure: The AQUA-SWIRL system fits with the existing infrastructure at 5 th Street, making it an ideal retrofit solution that enhances the current system without necessitating major structural modifications. • Efficiency in Minimizing Head Losses: The Aqua-Swirl is specifically designed to result in significantly lower head loss during flood control flows compared to other evaluated systems. The internal bypass feature is crucial for maintaining the storm drain system capacity to manage large volumes of water during peak conditions, ensuring effective flood protection. • Advanced Separation Technology: Utilizing sophisticated hydrodynamic separation technology within a single swirl chamber, the Aqua-Swirl system excels at removing coarse sediment, debris, and free-floating oil. This ensures that only clean water is discharged into the main drainage line. • Regulatory Compliance: The Aqua-Swirl system is recognized by regulatory bodies, including the California State Water Resources Control Board, as a Full Capture System, underscoring its efficacy and compliance with stringent environmental standards. The maintenance of these ARS-FX devices will be added to the city’s existing program and will not require additional resources. The Aqua-Swirl® Trash Capture (AS-9s BYP CW) will be inspected based on the measured collection rates and cleaned using vacuum trucks. The City selected stainless-steel products to provide extra durability and corrosion resistance, especially in Seal Beach’s marine environment. It will be the second HDS in this community and is estimated to have a +75-design life. PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 8 of 14 6. Provide information on proposed BMP performance efficiency and/or effectiveness, including pollutant capture, storage capacity, flow capacity, etc. (up to 6 points) The following performance is based on the manufacturer’s specifications for the proposed Aqua-Swirl® Trash Capture (AS-9s BYP CW) and the G2 Construction, ARS-FX™. The ARS-FX patented devices have been proven effective over the past 17 years over thousands of installations. Note, the City’s experience with the devices is consistent with the information below. Performance Effectiveness: • Aqua-Swirl® Trash Capture - 100% reduction in pollutant capture 5mm or larger. • ARS-FX™ - 88% reduction in litter, debris, and pollutants (by weight). Storage Capacity: • Aqua-Swirl® Trash Capture – 16.2 cubic-ft • ARS-FX™ – unlimited volume prevented from entering CB.* *Works in combination with street sweeping to collect pollutants and debris. Filtered Flow Rates in CFS (cubic feet per second) at 75% of maximum: • Aqua-Swirl® Water Quality Treatment Flow = 15.8 CFS, @ > 5mm debris • ARS-FX™at various Catch Basin Sizes: 3.5’= 1.45 CFS; 5’= 2.13 CFS; 7’=2.93 CFS; 10’=4.31 CFS; 14’=6.02 CFS; 21’=8.99 CFS; 28’= 12.08 CFS, @ 3/4" filter. The Aqua-Swirl Stormwater Treatment System is a flow-through water quality device that removes coarse sediment, debris and free-floating oil by utilizing hydrodynamic separation technology within a single swirl chamber. The recommended stormwater treatment unit is Aqua-Swirl Trash Capture AS-9s BYP CW model with a diameter of 114 inches. The water quality treatment discharge capacity is 15.8 cfs with a trash storage capacity of 16.2 cubic-ft. The real-world research performed on installed ARS-FX devices achieved a 95% reduction in annual trash from entering the storm drain system. Per the City of Seal Beach Flood Protection Design Criteria, the drainage improvements in areas that drain to a pump station (sump conditions) must be designed to convey the peak runoff resulting from a high confidence 25-year storm. The flood control and water quality design flows are as follows: The Aqua-Swirl® meets the LEED Sustainable Sites (SS) 6.2, Stormwater Design - Quality Control criteria of having completed independent testing to demonstrate 80% TSS removal on a net annual basis. Use can directly contribute to gaining one (1) LEED Credits. The Aqua-Swirl® has met the California State Water Resources Control Board as a Full Capture System. The Aqua-Swirl® is categorized as a High Flow Capacity Trash Treatment Control Device. Trash is defined by the State Water Board as particles 5.0 mm (5,000 microns) or greater. 7. Project Readiness: How long after OCTA Board of Directors approval (anticipated August 2025) will the project be operational (select one)? (up to 6 points): ☐ <4 Months 6 Points ☐ 4 – 8 Months 4 Points ☐ 8 – 12 Months 2 Points ☒ > 12 Months 1 Point PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 9 of 14 8. Will the project provide any secondary benefits beyond water quality improvements (i.e., water-use efficiency, public awareness, flood control, recreation, habitat, sustainability)? (up to 5 points) The 5th Street at Electric Avenue Stormwater Treatment project (Project) installation of ARS-FX curb-opening screens and the in-line Aqua-Swirl Trash Capture unit will provide many secondary benefits: • The Project effectively prevents visible trash and debris from entering and clogging the pipes, which significantly reduces potential flood risks, which is vital for protecting both residential areas and commercial properties from water-related damage. • The installation of ARS-FX curb-opening screens in Seal Beach reinforces the city's on-going commitment to protecting catch basins from trash and pollutants, visibly demonstrating the prioritization of clean rainwater systems. This initiative enhances community pride and promotes environmental stewardship, while also raising public awareness about the importance of maintaining stormwater quality. • As a beach community, reducing stormwater pollution is essential for protecting aquatic life. The Project design for full capture of trash, debris, and pollutants will substantially enhance the safety of birds, fish, and wildlife, which often mistake trash for food. In addition, plastics and trash can entangle birds and animals and/or be swallowed, lead to death. Equally important, sustainability of stream beds, shores, and soil beneath flowing water, will benefit reduced pollution levels over the long term. • Economically, the reduction of trash in waterways and on beaches can have a significantly positive impact on tourism. As a beach city that attracts tourists, this is important to the local economy. Pollution on beaches decreases the number of visitors seeking to vacation in Seal Beach or other Orange County locations. The Project will reduce trash on beaches and in the ocean. • Additionally, maintaining a clean and sustainable environment through such initiatives not only protects our natural habitats but also supports and increases property values by demonstrating the community's commitment to environmental responsibility to both existing owners and potential buyers. • Recreation and human safety are improved downstream. The benefit to children and adults playing in the water and on the beach downstream is improved because there are fewer sharp objects and unhealthy bacteria. • Another benefit is that the city can use this project as a vital educational tool, enhancing public awareness about stormwater management and its environmental impacts. Through visible signage and strategic press releases, the initiative clarifies that storm drains do not connect to the sewer system but directly discharge into local waterways. The visible screens, consistent with previous initiatives, act as daily reminders to the community that substances such as grass clippings, motor oil, and paint should never be disposed of in catch basins. This educational approach not only raises awareness but also promotes responsible environmental practices among residents. The installations also demonstrate the City's commitment to doing its part in preventing pollution from entering our waterways. Throughout the year, the City provides educational brochures at various events. Having a visible example of the City’s efforts reinforces the message shared year-around. PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 10 of 14 9. What is the methodology for measuring pollutant reduction before and after the BMP is implemented? How frequently will monitoring and performance assessment occur? (up to 10 points) The City’s methodology for measuring pollutant reduction and monitoring performance is planned as follows: 1. Trash and debris removed from the Aqua-Swirl Trash Capture AS-9s BYP CW Hydrodynamic Separator (HDS) will be weighed and documented. The review of litter, debris, and organic waste will entail recording observations of the accumulated content. This information will be included in the annual performance assessment and reported to the Regional Water Quality Control Board as part of the NPDES annual report. Each year’s data will be reviewed and compared with prior data to quantify the effectiveness of the Aqua-Swirl Trash Capture AS-9s BYP CW HDS. 2. The City’s Maintenance staff will visually observe the volume of pollutants and debris built up in front of the ARS-FX screens and record their findings. Staff drive on the roadways routinely and will provide input and feedback about the amount and types of pollution. Special inspections will be conducted following storm events. 3. Visual inspections of the Aqua-Swirl Trash Capture AS-9s BYP CW HDS will be made while viewing through the removed top manhole cover and measured using a stadia rod. Trash and debris that need to be removed between regularly scheduled cleanings will also be measured and recorded. This data will be added to the data from the regular cleanings. 4. Discussions and interviews with the street sweeping crews regarding the types and quantity of trash swept from in front of ARS-FX screens will help in the understanding of this project’s pollution reduction performance. This will help identify specific catch basins and grated inlets that need more attention and/or more frequent cleaning. The City’s staff will perform the ongoing best management practices and methods for monitoring and performance assessment. PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 11 of 14 10. Provide an operations and maintenance plan for the lifespan of the proposed project. Include schedule of inspections, cleaning, removal and disposal of pollutants, repairs, etc. (up to 15 points) As with all devices, the City will establish routine maintenance schedules to inspect, document, remove collected materials, and repair/replace damaged equipment. Inspections will document the verification of each device’s working order, visual condition, observed quantities and types of collected trash/pollutants, and identified issues that need to be addressed by City maintenance or the manufacturer. The selected BMP devices are constructed of durable materials and do not have significant moving parts so repairs should be basic and with a low frequency. Any needed repairs will be recorded and reported by the maintenance inspector for repairs by City maintenance or the manufacturer. After a significant storm event the City will visually inspect streets for needed trash and debris removal. Maintenance of Automatic Retractable Screen (ARS): The ARS will be cleaned and visually observed per the city’s bi-monthly street sweeping schedule that removes surface debris from the local roadways. The City will include the 5th Street locations on their citywide annual inspections of ARS and catch basins with repairs schedule as needed. Maintenance | Hydrodynamic Separator: The Aqua-Swirl® trash capture system will be maintained according to the site-specific Inspection & Maintenance Manual to maintain design hydraulic capacity. The city will conduct periodic system inspections and maintenance to determine the necessity for disposal of captured material to ensure the system's proper operation over its estimated +75-year design life. Hydrodynamic separators are known for their efficiency in pollutant removal and ease of maintenance. They can manage large volumes of water and efficiently remove pollutants with minimal upkeep, making them a cost-effective solution for urban areas with significant transportation-related pollution. It is essential to remember that all Best Management Practices (BMPs) require some level of maintenance, which will vary based on site specific pollutant loading conditions and additional upstream screening. Maintenance: Key inspection activities include observing floating materials and measuring sediment accumulation at the swirl chamber's base from the ground surface, eliminating the need to enter the device. Typical maintenance includes the vacuuming and disposal of floatable pollutants and sediment from the swirl chamber. There are no moving parts to replace, but if the screen components were to become damaged, it will be necessary to access the unit to assess the extent of damage to determine an appropriate course of action to make a repair. The external bypass and convergence structures will also be inspected and cleaned as feasible during the regular ARS/swirl chamber maintenance. Proper health and safety protocols will be followed during all inspection and maintenance events. All materials removed during the maintenance process will be handled and disposed of in accordance with all applicable federal, state, and local guidelines. Construction/Installation Phase: • Initial Inspections: Inspect the system every three months during the construction phase and clean as needed. Our proposed vendor will provide an Inspection and Maintenance Manual for this specific project installation to provide the City maintenance with a guide to tracking and documenting system operations. • End of Construction: Regardless of sediment or oil storage capacity, inspect and clean the system at the construction phase's conclusion. Cleaning can typically be performed using a vacuum truck. Post-Construction Maintenance: • First Year: Inspect the system quarterly and clean as required. This year will be used to determine the pattern of existing loads and to determine the recommended schedule and number of required annual inspections and clean outs. At a minimum, City maintenance will inspect and clean the system annually, even if it has not reached its capacity for sediment or floatable pollutants. There should also be a PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 12 of 14 planned system inspection following measurable local rainfall events, and the unit should be cleaned if the depth of the materials at the center reaches 14 inches. • Subsequent Years: The system will continue to be inspected and cleaned based on the first year’s observed pollutant loading conditions at this site. If the system does not reach full capacity for sediment or pollutants during these subsequent annual inspections, it is assumed that annual inspections and cleaning will be sufficient. However, if full capacity is reached within shorter time frames during the first or subsequent years, then maintenance will be adjusted, as necessary. Ongoing system inspection following measurable local rainfall events and clean-outs should be performed as needed. 11. BONUS: Is the proposed local match over the 20% minimum cash match requirement? If yes, enter match rate here. (0.5 points for each 5% overmatch, up to 5 points) Yes, the City will provide a 30% match. Note: In-kind services are not eligible as local match SECTION III: Additional Project Details PROJECT X 2025 Tier 1 Call for Projects Application for Funding 2025 Project X Tier 1 Application Page 13 of 14 Match Sources Other Grants: Non-M2 competitive grants may be used as match. Any grants used as match must be dedicated to the project for match credit to be received. Please list the name and amount of match sources. The City of Seal Beach will utilize its local discretionary funds to provide the 20% match required for the project. No other grant program funds are proposed to be used as a match. Supplanting or Replacing Funds ECP funds are designed to supplement, not supplant, existing water quality programs. Proposed projects must improve and not replace existing pollution reduction efforts by an eligible party. Please clarify that the proposed project will not be supplanting any existing water quality programs or other obligations. The proposed 5th Street at Electric Avenue project will contribute to the advancement of water quality goals without replacing or diminishing the scope of ongoing initiatives. It also does not supplant any existing City of Seal Beach water quality programs or other obligations. Joint Applicant Information (if applicable) See program guidelines for details on joint applicant applications and enter the details below. Local Agency: Click to enter text. Local Agency: Click to enter text. Project Manager: Click to enter text. Project Manager: Click to enter text. Phone: Click to enter text. Phone: Click to enter text. Email: Click to enter text. Email: Click to enter text. Additional Comments Click here to enter text. PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT A ENVIRONMENTAL DOCUMENTS A-1 A-2 A-3 A-4 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT B DETAILED PROJECT ESTIMATE A-5 Item No.Description Quantity Unit Unit Price Sub-Total Amount A1 Mobilization and demobilization; including but not limited to: preparation of a Stormwater Pollution Control Program (SWPCP) and placement and maintenance of BMPs during the construction period, complete and in place. 1 LS $35,000 $35,000 A2 Provide construction traffic control; including but not limited to: preparing a traffic control plan, provide and maintain traffic control, complete and in place throughout the Project. 1 LS $18,000 $18,000 A3 Provide shoring design, phased as necessary, sealed and stamped by a California registered structural engineer. 1 LS $10,000 $10,000 A4 Implement dewatering 24-hour per day and 7 days per week, regardless of the various groundwater level conditions. 1 LS $165,000 $165,000 A5 Provide and implement trench and excavation safety measures throughout the project, including sheeting, shoring and bracing. 1 LS $40,000 $40,000 A6 Clear and grub the construction site in phases to match the project schedule, demolish existing paving, landscaping, trees; haul away and legally dispose removed materials. 1 LS $10,000 $10,000 A7 Permitting, removal, transport, treatment and/or disposal of contaminated soil per actual quantity only if required. For bidding purpose, 50-ton of quantity is specified. The City will pay this Item per actual quantity. 50 TON $220 $11,000 A8 Additional over-excavation and placement of 1-1/2” and ¾” crushed rock bedding material wrapped in filter fabric per actual quantity only if required. For bidding purpose, 15- ton of quantity is specified. The City will pay this Item per actual approved quantity. 15 TON $220 $3,300 A9 Remove and dispose of non-friable asbestos materials – For bidding purpose, this cost shall be based on 100 feet of Asbestos Cement Pipe. The final payment for this Item will be paid based on the actual approved length of the asbestos cement pipe removed and disposed of regardless the size and depth of the pipe. 100 LF $150 $15,000 Subtotal =$307,300 B1 Remove and dispose of conflicting existing storm drain pipe line, catch basin and others.73 LF $250 $18,250 B2 Construct 48-inch RGRCP ("D" load= 4000), including excavation, bedding, backfill, compaction, and resurfacing, sidewalk, landscaping in place per City approval. 57 LF $1,500 $85,500 B3 Construct Curb Opening Catch Basin (W=28' & B=7') at 5th Street with Local Depression per SPPWC STD., and equipped with Automatic Retractable Screens, United Storm Water, INC. WING-GATE ARS (304 Stainless Steel). 1 EA $40,000 $40,000 B4 Demolition and Removal of Existing RCB and Re-Construct Manhole & Junction Structure (8' X 8' x 6'(H) RCB) for connecting with the existing storm drain. 1 EA $80,000 $80,000 B5 Construct Aqua-Swirl Trash Capture Unit No. "AS-9s BYP CW" model per AquaShield Inc. Manufacture STD.1 EA $135,000 $135,000 B6 Remove and dispose of existing 8-inch asbestos cement water main legally and relocate / replace with 8-inch diameter PVC C-900 DR-14 pipe, including testing and reconnections. 1 LS $22,000 $22,000 B7 Abandon existing storm drain in place. Plug ends with 560- C-3250 concrete and fill with the existing pipe wit two sack cement slurry. 1 LS $2,500 $2,500 Subtotal = $383,250 ITEM A: BASE BID ITEMS (ITEMS A1 THRIUGH A9) = $307,300 ITEM B: STORM DRAIN BID ITEMS (ITEMS B1 THROUGH B7) = $383,250 DESIGN / PM / CM COST (15%) = $103,583 CONTINGENCIES (10%) = $69,055 TABLE 1 ITEM A - BASE BID ITEMS ITEM B - STORM DRAIN BID ITEMS 5TH STREET ADJACENT TO ELECTRIC AVENUE ENGINEER'S OPINION OF CONSTRUCTION COST STORMWATER TREATMENT FEASIBILITY STUDY 5TH STREET AT ELECTRIC AVENUE INTERSECTION FOR MARINA HILLS NORTH, BRIDGEPORT, AND OLD TOWN AREA CITY OF SEAL BEACH May 2025 GRAND TOTAL OF PROJECT $863,188Grand Total = A-6 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT C LOCATION MAPS & PROJECT SITE PHOTOS A-7 Legend 5th Street at Electric Avenue Stormwater Treatment Project Drainage Sub-Area (37.3 acres) A-8 Proposed removing existing and replacing with 28 ft catch basin on 5th Street A-9 Underground installation of proposed HDS with connections to primary influent drain to WEPS A-10 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT D DETAILED PROJECT SCHEDULE A-11 Board Award OCTA Letter Agreement Design EA Bid/Award of Contract Construction Month Quarter 7 months 3 4 5 6 7 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project Estimated Project Schedule 5 months CEQA CE 16 Nov-26Oct-26 158 9 10 11 12 13 May-26 Jun-26 Jul-26 Aug-26 Sep-26 14 2 months Aug-25 1 2 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 A-12 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT E DESIGN/CONCEPT DRAWINGS CALCULATIONS FOR QUESTIONS #2 AND #3 A-13 STORMWATER TREATMENT FEASIBILITY STUDY FOR MARINA HILLS NORTH, BRIDGEPORT, AND OLD TOWN AREA STORMWATER TREATMENT FEASIBILITY STUDY IN 5TH STREET ADJACENT ELECTRIC AVENUE 2 15 10+00 11+00 10 5 0 -5 -10 15 10 5 0 -5 -10 ELECTRIC AVENUE 5TH STREET A-14 Projected View SCALE 1:80 Plan View SCALE 1:40 Elevation View SCALE 1:402733 Kanasita Drive, Suite 111, Chattanooga, TN 37343 Phone (888) 344-9044 Fax (423) 826-2112 www.aquashieldinc.com Structure #: Drawn By: Scale: Date: OFlores 9/15/2022 Rvwed Rvw. Date U.S. Patent No. 6524473 and other Patent Pending Aqua-Swirl® Trash Capture Standard Detial As Shown el. Varies Inlet/Outlet Invert el. Varies el. Varies Grade (Rim) el. Varies OutletInletAS-9s BYP CW AS-9s STD Aqua-Swirl® Polymer Coated Steel (PCS) Stormwater Treatment System 12 in [305 mm] Manhole Frame & Cover Detail For Non-Traffic Areas Only NTS 48 in [1219 mm] Min. Gravel Backfill Concrete Wrap Compressible Expansion Joint Material to a minimum 1/2-inch [13 mm] thickness around top of riser to allow transfer of inadvertent loading from manhole cover to concrete slab. Riser Soil Cover Frame 1/2 in [13 mm] 1/2 in [13 mm] Place small amount of concrete [3,000 psi [20 MPa] (min)] to support and level manhole frame. DO NOT allow manhole frame to rest upon riser. Backfill (90% Proctor Density) 8 in [203 mm] 4 1/2 in [114 mm] Unless other traffic barriers are present, bollards shall be placed around access riser(s) in non-traffic areas to prevent inadvertent loading by maintenance vehicles. Manhole Frame & Cover Detail For Traffic Loading Areas NTS Cover Frame 48 in [1219 mm] Min. Backfill (90% Proctor Density) 3,000 psi [20 MPa] (min) Concrete #4 [13 mm] Rebar @ 6 in [152 mm] Each Way 30 in [762 mm] Riser 1/2 in [13 mm] 4 1/2 in [114 mm] 14 in [356 mm] 1/2 in [13 mm] Thick Expansion Joint Material If traffic loading (HS-25) is required or anticipated, a 4-foot [1.22 m] diameter, 14-inch [356 mm] thick reinforced concrete pad must be placed over the Stormwater Treatment System Riser to support and level the manhole frame, as shown. The top of riser pipe must be wrapped with compressible expansion joint material to a minimum 1/2-inch [13 mm] thickness to allow transfer of wheel loads from manhole cover to concrete slab. Manhole cover shall bear on concrete slab and not on riser pipe. The concrete slab shall have a minimum strength of 3,000 psi [20 MPa] and be reinforced with #4 [13 mm] reinforcing steel as shown. Minimum cover over reinforcing steel shall be 1-inch [25 mm]. Top of manhole cover and concrete slab shall be level with finish grade. Please see accompanied Aqua-Swirl® specification notes. See Site Plan for actual system orientation. Approximate dry (pick) weight: 5900 lbs [2700 kg]. Backfill shall extend at least 18 inches [457 mm] outward from Swirl Concentrator and for the full height of the Swirl Concentrator (including riser) extending laterally to undisturbed soils. (See MH Detail Below) Pipe coupling by Contractor. 12 in [305 mm] long Stub-out by Manufacturer. Octagonal Base Plate Pipe coupling by Contractor. 12 in [305 mm] long Stub-out by Manufacturer. Varies Varies Internal Baffles Riser n114 in [n2900 mm] 126 in [3200 mm] 126 in [3200 mm] 68 in [1727 mm] 116 in [2946 mm] 5 in [127 mm] MH Frame n30 in [n762 mm] n36 in [n914 mm] n36 in [n914 mm] Rim elevations to match finish grade. n114 in [n2896 mm] 1 1 As an alternative, 42 in [1067 mm] diameter, HS-20/25 rated precast concrete rings may be substituted. 14 in [356 mm] thickness must be maintained. AS-9s BYP inlet/outlet pipe size ranges from 21 in [533 mm] to 54 in [1372 mm]. AS-9s chamber height may vary from 101 in [2565 mm] to 134 in [3404 mm], depending on inlet/outlet pipe size. Orientation may vary from a minimum of 90° to a maximum of 180°. Manhole Frame and Cover by Manufacturer. (See Details) 180° 2 3 4 2 3 4 2 Band Coupler by Manufacturer. (as needed)Lifting Lugs Backfill Bedding Undisturbed soil 18 in [457 mm] 6 in [152 mm] Trash Screen Lifting Lugs Figure 4 AQUA-Swirl Trash Capture AS-9s BYP CW Standard Detail A-15 A-45A-22A-16 A-23A-17 ___________________________________________________________________________________________ info@g2construction.com www.G2construction.com Santa Ana 714.748.4242 DBE, MBE & SBE Certified California ARS-FX™ Patented Fixed Curb-Opening Device ___________________________________________________________________________________________ G2’s ARS-FX™ fixed curb-opening screen with prevents trash and debris from entering catch basins through the curb opening. Reduces catch basin cleaning costs and CPS-Mod™ maintenance. Prevents up to 95% of trash and debris from entering the catch basin. • Made from 304 Stainless-Steel for extended life. • Custom designed, fabricated & fitted to each curb opening. “Made in California, USA” • Sized to meet or exceed 1-year, 1-hour storm*. • Trash Amendment Track 2 compliance. • Professionally installed by G2. Recommended with G2’s CPS-Mod Series™ A-24A-18 _________________________________________________________________________________________ info@g2construction.com www.G2construction.com Santa Ana 714.748.4242 DBE, MBE & SBE Certified California ARS-FX™ Patented Fixed Curb-Opening Device _________________________________________________________________________________________ ARS-FX™ Fixed Trash Screen for Curb-Openings Function: • Stops all pollutants ¾ inches and larger from entering catch basins and water systems. • Prevents 95% of trash and debris from entering through the curb-face opening. • Reduces cleaning frequency for catch basins and maintenance of CPS-Mod™ (Full-Capture Systems). • Low maintenance requirements. No replacement parts needed. • Works in combination with street sweeping, and durable against brushes. • Remains closed during storms to always prevent trash and debris during first-flush and after. • Pollutants prevented from entering the catch basin:  Primary: plastics (bottles, containers, bags); trash (Styrofoam, wrappers, paper, cigarette butts, cans); vegetative debris (leaves, landscaping); pollutants (animal waste, paint, materials).  Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc. Design & Flexibility: • Custom designed and fabricated for each catch basin’s curb opening. • Fits any standard curb-face catch basin opening. • Works with both grated and non-grated catch basins. • Not recommended in sump locations with a grate unless designed with large bypass for overflow. Material & Fabrication: • 100% stainless-steel device (Type 304, 12 gauge). • Fabricated in Orange County. “Made in California, USA” Value: • Significantly reduces catch basin cleaning requirements and costs. • Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts. • Works in harmony with existing street sweeping programs. Aesthetics & Environmentalism: • Beautiful stainless-steel devices add aesthetic value to streets and neighborhoods. • Residents perceive the ARS-FX™ to be an environmental benefit and demonstrates an environmentally conscious community. Recommended with G2’s CPS-Mod Series™ screens, for the most complete full capture system. A-25A-19 G2 ARS-FX Fixed Trash ScreenCurb-Opening Cover TMPatent PendingFront ViewDrawing not to scale1234Type 304 S.S. 12 gauge with 34" perforated holesType 304 S.S. Flat plate 316" x 1-1/2" wide (kickplates)Typical concrete local depression or traffice rated grates24" x 40".Typical existing catch basin steel blub or face angle214NOTE;DIMENSIONS FOR SCREEN VARIES BYCATCH BASIN AND CUSTOMER NEEDSPROPRIETORY PROPERTYG2 ARS-FX - Trash Compliance Technology18"3Manufactured and Installed Exclusively by:Office (714) 748- 4242CA Lic. # 801253 A, C-8, C-60G2 Construction, Inc.info@g2construction.com1352 E. Borchard AvenueSanta Ana, CA 92705A-26A-20 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Type 1 Type 2, etc. Type(s) of BMP(s) proposed:HDS ARS Number of each BMP type:1 1 Total Drainage area(s) that is/are considered Priority Land Uses*:1.8 1.8 1.8 Total Project Cost:$863,188 Cost/Benefit ($/ac of priority land uses):$479,549 Project Score (to be completed by OCTA):TBD BMP Multiplier: •0 points if BMP is not low-impact development (LID) or treatment control •1/3 point for high-capacity systems •2/3 point for filters/biofilters •1 point for zero-discharge BMPs 1 *Per City General Plans for land use and Statewide Trash Provisions (high density residential, industrial, commercial, mixed urban, public transportation stations). 2. Cost/Benefit Calculation for priority land uses by proposed BMP(s). BMP(s) Total drainage area(s) contributing to each BMP type:37.3 1.8 including Comm & PCH B 10.5 3. Pollutant Reduction Benefits: Treatment capacity and BMP type. Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 1.5 3  4.5 C 0.5 6 3 Factor Points Available Multiplier Project Score: 1 CALCULATIONS FOR QUESTIONS #2 AND #3 Line Score A Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) 3 Line 3 A-21 Land Use: Mixed Use - Medium Density Residential and with Commercial BMP(s): HDS Unit: One (1) Aqua-Swirl® Trash Capture, Type - AS-9s BYP CW in 5th Street ARS-FX™ Curb Opening Screen: One (1) ARS in 5th Street Total Drainage Area: 37.3 Acres at HDS Unit Total of 1.8 Acres Priority Land Use Area Land Use Impervious: 80% Total Project Cost: $863,188 $479,549 / PLU Acre Cost/Benefit 2 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project Summary Analysis for HDS Aqua-Swirl Trash Capture AS-9s BYP CW and G2 Construction ARS-FX Devices A-22 Precipitation Intensity "i": 0.44 Source: NOAA Precipitation Frequency Estimates CA Criteria Value Unit Time of Concentration of Priority Land Uses (Tc)12 min Tc Multiplier 0.219 in/hr Fraction of design storm entering the BMP 1 Equivalent BMP design intensity 0.219 in/hr Criteria Value Unit Criteria Value Unit C = (0.75 × imp) + 0.15 = (0.75 x 80%) + 0.15=0.75 C = (0.75 × imp) + 0.15 = (0.75 x 80%) + 0.15=0.75 i = 1-yr, 1-hr intensity=0.44 in/hr i = 1-yr, 1-hr intensity=0.44 in/hr Land Imperviousness 80%Land Imperviousness 80% Acres 37.3 ac Acres 37.3 ac Q = (0.75) (0.44 in/hr) (37.3 ac)=12.3 cfs Q = (0.75) (0.44 in/hr) (37.3 ac)=12.3 cfs HDS design flowrate (from manufacturer)15.8 cfs W=28' of Designed Filter Flowrate Avg this project (ARS-FX)12.1 cfs Fractional percent of 1-yr, 1-hr event filtered by BMP BMP = 15.8 / 12.3 = 1.3 Fractional percent of 1-yr, 1-hr event filtered by BMP BMP =12.1 / 12.3 = 1.0 Max available points =Max available points = 3 Precipitation Intensity Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP Use multiplier to calculate the design storm intensity equivalent to the design storm depth: 5th Street at Electric Avenue Stormwater Treatment BMP 1: HDS Aqua-Swirl Trash Capture AS-9s BYP CW BMP 2: ARS-FX Curb Opening Screens by G2 Q.3A. Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) 11 Analysis for HDS Aqua-Swirl Trash Capture AS-9s BYP CW and G2 Construction ARS- FX devices City of Seal Beach A-23 *Note: Curb screen filtration is in addition to HDS unit. Criteria Value Unit Criteria Value Unit Time of Concentration of Priority Land Uses (Tc)12 min C = (0.75 × imp) + 0.15 = (0.75 x 80%) + 0.15=0.75 Tc Multiplier 0.219 in/hr i = equivalent BMP design intensity =0.219 in/hr Fraction of design storm entering the BMP 100%Land imperviousness 80% Equivalent BMP design intensity 0.219 in/hr Acres=37.3 ac Design Storm Flowrate (Q) = C x I x A = 0.75 x 0.219 x 37.3 6.13 cfs Calculate the design flowrate equivalent to design volume:W=28' of Designed Filter Flowrate Avg this project (ARS-FX)12.1 cfs Criteria Value Unit Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP =12.1 /6.13 = (max available points = 1.5) 2.0 C = (0.75 × imp) + 0.15 = (0.75 x 80%) + 0.15=0.75 Max Available Points Acres 37.3 ac Q = (0.75)(0.219 in/hr) (37.3 ac) = 6.13 cfs HDS design flowrate (trash treatment capacity of pre-cast HDS unit)15.8 cfs Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP = 15.8 / 6.13 = (max available points = 1.5) 2.58 Max Available Points 4 BMP 2: ARS-FX Curb Opening Screens by G2 1.5 Points City of Seal Beach 1.5 Points Analysis for HDS Aqua-Swirl Trash Capture AS-9s BYP CW and G2 Construction ARS- FX devices5th Street at Electric Avenue Stormwater Treatment Q.3B. Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP Use multiplier to calculate the design storm intensity equivalent to the design storm depth: BMP 1: HDS Aqua-Swirl Trash Capture AS-9s BYP CW A-24 BMP Multiplier:*Note: Curb screen filtration is in addition to HDS unit. HDS units are considered high-capacity systems. BMP Multiplier (max available points = 1) 5 • 2/3 point for filters/biofilters • 1 point for zero-discharge BMPs 0.50 Points No BMP Multiplier given for curb screens Q.3C. BMP Multiplier BMP 1: HDS Aqua-Swirl Trash Capture AS-9s BYP CW BMP 2: ARS-FX Curb Opening Screens by G2 • 0 points if BMP is not low-impact development (LID) or treatment control • 1/3 point for high-capacity systems City of Seal Beach Analysis for HDS Aqua-Swirl Trash Capture AS-9s BYP CW and G2 Construction ARS- FX devices5th Street at Electric Avenue Stormwater Treatment A-25 NOAA Atlas 14 Volume 6, Version 2 Rainfall Data @ 5th Street / Electric Avenue, Seal Beach, CA A-26 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT F CITY COUNCIL RESOLUTION A-27 RESOLUTION XXXX A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE 5TH STREET AT ELECTRIC AVENUE STORMWATER TREATMENT PROJECT WHEREAS, Orange County Transportation Agency (OCTA) Local Transportation Ordinance No. 3, dated July 24, 2006, as amended, and known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan , makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality; and, WHEREAS, the Environmental Cleanup Program (ECP) Tier 1, 2025 Call for Projects provides grants for funding purchases and installations for catch basins consistent with Best Management Practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and, WHEREAS, OCTA has established the procedures and criteria for evaluating and accepting grant proposals under the ECP Tier 1, 2025 Call for Projects; and, WHEREAS, the City of Seal Beach possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and, WHEREAS, by this resolution the City Council authorizes the nomination of the 5th Street at Electric Avenue Stormwater Treatment Project (Project), including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Seal Beach to act in connection with the nomination and to provide such additional information as may be required; and, WHEREAS, the City of Seal Beach will maintain and operate the equipment acquired and installed; and, WHEREAS, the City of Seal Beach will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded ECP Tier 1 Grant Project; and, A-28 WHEREAS, the City of Seal Beach will cause work on the Project to be commenced within a reasonable time after receipt of notification from OCTA and that the Project will be carried to completion with reasonable diligence; and , WHEREAS, the City of Seal Beach will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and, WHEREAS, the City of Seal Beach must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and, WHEREAS, the City of Seal Beach authorizes a formal amendment to the seven - year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and, WHEREAS, the City of Seal Beach will provide a minimum of 20% in matching funds for the 5th Street at Electric Avenue Stormwater Treatment Project as required by the Orange County Comprehensive Transportation Funding Program Guidelines. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. All of the foregoing recitals are hereby incorporated herein by this reference. Section 2. The City Council hereby authorizes the Interim City Manager as the official representative of the City of Seal Beach to apply for and accept grant funds under the Orange County Transportation Authority (OCTA) Environmental Cleanup Program (ECP) Tier 1, 2025 Call for Projects for the 5th Street at Electric Avenue Stormwater Treatment Project. Section 2. The City Council hereby agrees to fund its share of the project costs and any additional costs over the identified programmed amount. Section 3. The City Council hereby authorizes the Interim City Manager, or her designee, as agent to conduct all negotiations, and to execute and submit all documents on behalf of the City of Seal Beach, including, but not limited to applications, forms, agreements, and payment requests, which may be necessary to submit and secure the ECP Tier 1, 2025 grant, the City’s obligations related thereto, and all amendments thereto for the Project. A-29 PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of May 2025 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution XXXX on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of May 2025. Gloria D. Harper, City Clerk A-30 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT G PROJECT DRAINAGE AREAS, PRIORITY LAND USE, BMP LOCATIONS A-31 !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( 12.17 18.0114.10 1.07 13.30 k C00 P 0 2 West E n d Pump Stati o n PACIF IC COAST HWYSan Gabriel RiverOC E A N A V SE A L W Y PA C I F I C C O A S T H W Y BOLSA AV CE N T R A L A V 5TH ST6TH ST7TH ST4TH ST8TH STCRESTVIEW AV 17TH STBALBOA DR11TH ST16TH ST2ND ST15TH ST3RD STMAIN ST1ST STMARVISTA AVTAPER DRDRIFTWOOD AV 10TH STGALLEON WYMA R L I N A V SEA BREEZE DRCLIPPER WY SAND PIPER DRISLAND VIEW DRRIVIERA DRSU R F P L SOUTH SHORE DRBEACH COMBER DRS C H O O N E R W Y CARMEL A V E L E C T R I C A V LAGUNA PLJADE COVE WYBERYL COVE WYAGUA PLLA N D I N G A V CE N T R A L W Y CE N T R A L W Y ALLEYMARLIN AVALLEY5TH STALLEYALLEYALLEYE L E C T R I C A V ALLEYALLEYMARVI S T A A V LA N D I N G A V A L L E Y SEAL BEACH BLVDA L L E Y 13TH ST11TH ST14TH STE L E C T R I C A V CE N T R A L W Y SE A L W Y PA C I F I C C O A S T H W Y CATALINA AV BOLSA AV CE N T R A L A V MARINA DR 5TH ST6TH ST7TH ST4TH STBALBOA DRCOASTLINE DR 1ST STMARVISTA AV 12TH STGALLEON WY FATHOM AV CORSAIR WY CLIPPER WY AVALON DRE L E C T R I C A V DORY WY OPAL COVE WYCARAVEL WYCR Y S T A L C O V E W Y LA N D I N G A V MARBLE COVE WYEM E R A L D C O V E W YCREST DRSILVER SHOALS AVCRYSTAL PLEMERALD PLEBB TIDE PLUNKN O W N 10TH ST8TH STA L L E Y E L E C T R I C A V C E N T R A L A V MAIN ST11TH ST7TH STALLEYALLEY4.14 3.483.49 3.47 7.08 7.07 7.06 7.05 7.04 7.03 7.02 7.01 3.46 3.45 3.44 6.06 6.08 6.07 6.05 6.04 6.03 6.02 6.01 3.43 5.10 5.09 5.08 5.07 5.06 5.05 5.04 4.19 4.18 4.17 4.16 4.15 4.14 4.13 4.12 4.114.10 4.09 4.07 4.06 3.42 3.41 3.40 4.05 4.04 4.03 4.02 4.013.393.38 3.37 3.363.35 3.34 3.33 3.32 3.31 3.30 3.29 3.28 3.273.223.26 3.25 3.24 3.233.21 3.20 3.19 3.18 3.17 3.163.159. 2 3 9. 2 2 9.2 1 9. 1 2 9.11 9.099.089.07 9. 0 6 9.05 8.47 8.46 8.45 8.44 8.43 8.42 8.41 8.4 0 8.35 8.3 9 8.3 8 8.37 8.36 8.34 8.3 3 8.32 8.178.29 8. 3 1 8.30 8.28 8.25 8.24 8.23 8.22 8.21 8.19 8.20 8.18 8.278.15 8.16 8.14 8. 2 6 8. 1 3 8. 1 2 8. 1 1 8.10 8.09 8.088.07 8.06 8.05 8.04 8.03 8.02 8.01 3.133.12 3.11 2.06 2.05 2.04 2.03 2.02 2.01 1.06 15.27 15.28 15.19 15.1814.07 14.08 15.42 15.41 15.40 15.39 15.3 8 15.37 15.36 15.35 15.34 15.33 15.32 15.31 15.3015.4315.17 15.16 15.15 12.1815.14 15.13 15.1215.1115.10 15.09 15.0815.0715.06 15.05 15.0415.03 15.02 15.0115.2915.26 15.25 15.24 15.23 15.2215.20 14.12 14.13 14.17 14.11 14.09 14.16 14.15 14.06 14.03 14.05 14.04 14.02 14.01 16.04 16.03 16.02 16.01 17.03 17.02 17.01 19.11 19 . 1 0 19 . 0 9 19 . 0 8 19 . 0 7 19 . 0 6 19 . 0 5 18.06 18.05 18.04 18.03 18.02 19.0419.03 19.02 19.01 10.08 10.07 10.03 10.02 10.01 13.40 13.64 13.31 13.36 13.65 13.63 13.35 13.34 13.33 13.32 13.29 13.28 13.6213.27 13.2613.25 13.24 13.60 13.6113. 2 3 13.22 13.21 13.20 13.19 13.18 13.17 13.16 13.15 13 . 5 0 13.14 13.13 13.12 13.11 13.10 13.09 13.0 8 13.07 13.06 13.05 13.04 13.03 13.02 13.01 12.15 12.16 12.53 12.52 12.51 12.14 12.13 13.82 13.81 13.80 13.79 13.78 13.77 13.76 13.75 13.74 13.73 13.72 13.71 32.25 32.21 32.17 32.16 0 200 400 600100 Feet 1" = 200' ± Node Area (acres)Q25 (cfs)Q10 (cfs)13.82 15.74 29.9 24.413.50 (N) 15.74 29.9 24.413.07 10.37 19.8 16.013.14 (S) 10.37 19.8 16.013.14 (N) 9.4 17.2 13.9CONF 13.14 19.77 37.0 29.813.50 (S) 19.77 37.0 29.8CONF 13.50 35.51 65.2 52.613.40 (N) 35.51 65.2 52.613.16 (E) 3.58 10.3 8.613.17 8.47 24.0 19.913.18 (N) 8.47 24.0 19.913.25 4.65 10.5 8.613.30 8.28 17.9 14.613.18 (E) 11.75 24.3 19.8CONF 13.18 20.22 43.2 35.513.31 (E) 24.49 49.4 40.413.23 2.92 6.3 5.113.63 (E) 2.92 6.3 5.113.63 (W) 9.01 22.3 18.4CONF 13.63 11.93 27.8 22.813.64 21.9 49.3 22.813.65 30.55 65.4 53.513.31 (S) 40.05 85.7 70.1CONF 13.31 64.54 127.9 104.313.40 (S) 66.36 127.9 104.3CONF 13.40 101.87 188.8 153.6 Hydrology Study for West End Pump Station Drainage Area Node Area (acres)Q25 (cfs) Q10 (cfs)12.17 (S) 107.1 188.8 153.612.13 7.16 20.0 14.712.14 8.57 20.9 17.112.15 15.56 36.0 29.412.16 16.24 37.0 30.312.17 (N) 16.24 37.0 30.3CONF 12.17 123.32 222.9 181.512.18 (E) 124.5 222.9 181.4 14.13 7.97 13.2 10.614.17 (E) 9.95 16.4 13.212.18 (W) 9.95 16.4 13.2CONF 12.18 134.49 238.0 193.515.30 (S) 134.49 238.0 193.515.29 5.8 13.6 11.315.30 (W) 6.08 13.8 11.415.09 4.03 6.1 4.915.05 6.28 9.2 7.415.43(N) 21.78 32.2 26.015.43 (S) 1.51 3.3 2.7CONF 15.43 23.29 34.4 27.815.30 (E) 23.29 34.4 27.8CONF 15.30 163.86 277.6 225.815.34 (E) 163.86 277.6 225.815.34 (W) 2.89 6.8 5.6CONF 15.34 166.75 283.2 230.315.38 (E) 166.75 283.2 230.315.38 (W) 3.36 8.3 6.8CONF 15.38 170.1 289.6 235.615.42 (E) 170.1 289.6 235.615.42 (W) 3.12 7.2 5.9CONF 15.42 173.22 295.6 240.4 Node Area (acres)Q25 (cfs) Q10 (cfs)18.05 4.93 11.3 9.218.06 7.61 16.7 13.616.04 (E) 11.18 22.5 18.3 Node Area (acres)Q25 (cfs) Q10 (cfs)19.07 6.4 13.5 11.119.08 6.86 14.1 11.619.09 11.68 23.5 19.319.10 12 23.5 19.319.11 17.37 33.5 27.516.04 (SE) 23.65 44.5 36.5 Node Area (acres)Q25 (cfs) Q10 (cfs)16.04 (SE) 23.65 44.5 36.516.04 (NE) 5.96 17.0 14.116.04 (E) 11.18 22.5 18.316.04 (SW) 5.07 13.9 11.5CONF 16.04 45.86 87.2 71.5 Hydrology Study for West End Pump Station Drainage Area Hydrology Study for San Gabriel River Drainage Area Hydrology Study for San Gabriel River Drainage Area Hydrology Study for San Gabriel River Drainage Area PROJECT NO: 0800810.00 DATE: April 2024 MARINA DRIVE DRAINAGE SYSTEMS FOCUSED STUDY San Gabriel River Tributary Area Exhibit 1 Legend 1.01 Concentration Point Sub-Area Flow Direction County Storm Drain Existing City Storm Drain Proposed City Storm Drain Treatment Unit Drainage Sub-Area Major Drainage Boundary City Boundary !( GALLEON WAY BMP LOCATION TOTAL TREATMENT UNIT DRAINAGE SUB-AREA = 16.5 ACLAND USAGE: 80% IMPERVIOUS Figure 1 - West End Pump Station Tributary Area TOTAL TREATMENT UNIT DRAINAGE SUB-AREA = 37.3 AC (FUTURE) LAND USAGE: 80% IMPERVIOUS(Current Sub-Area = 1.8 AC) 5th STREET BMP LOCATION (by Others) (By Others) A-32 !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( 12.17 18.0114.10 13.30 k C00 P 0 2 West E n d Pump Stati o n PACIF IC COAST HWYSan Gabriel RiverOC E A N A V SE A L W Y PA C I F I C C O A S T H W Y BOLSA AV CE N T R A L A V 5TH ST6TH ST7TH ST4TH ST8TH STCRESTVIEW AV BALBOA DR2ND ST3RD STMAIN ST1ST STMARVISTA AVTAPER DRDRIFTWOOD AV 10TH STGALLEON WYMA R L I N A VCLIPPER WY SAND PIPER DRRIVIERA DRSU R F P L SOUTH SHORE DRBEACH COMBER DRS C H O O N E R W Y CARMEL A V E L E C T R I C A V LAGUNA PLJADE COVE WYBERYL COVE WYAGUA PLLA N D I N G A V CE N T R A L W Y CE N T R A L W Y ALLEYMARLIN AVALLEY5TH STALLEYALLEYALLEYE L E C T R I C A V ALLEYALLEYMARVI S T A A V LA N D I N G A V A L L E Y A L L E Y 13TH ST11TH ST14TH STE L E C T R I C A V CE N T R A L W Y SE A L W Y PA C I F I C C O A S T H W Y BOLSA AV CE N T R A L A V MARINA DR 5TH ST6TH ST7TH ST4TH STBALBOA DRCOASTLINE DR 1ST STMARVISTA AV 12TH STGALLEON WY FATHOM AV CORSAIR WY CLIPPER WY AVALON DRE L E C T R I C A V DORY WY OPAL COVE WYCARAVEL WYCR Y S T A L C O V E W Y LA N D I N G A V MARBLE COVE WYEM E R A L D C O V E W YCREST DRSILVER SHOALS AVCRYSTAL PLEMERALD PLEBB TIDE PLUNKN O W N 10TH ST8TH STA L L E Y E L E C T R I C A V C E N T R A L A V MAIN ST11TH ST7TH STALLEYALLEY4.14 3.483.47 7.05 7.04 7.03 7.02 3.46 3.45 3.44 6.06 6.08 6.07 6.05 6.04 6.03 6.02 6.01 3.43 5.10 5.09 5.08 5.07 5.06 4.19 4.18 4.17 4.16 4.15 4.14 4.13 4.12 4.114.10 4.09 4.07 4.06 3.42 3.41 3.40 4.05 4.04 4.03 4.02 4.013.393.38 3.37 3.363.35 3.34 3.33 3.32 3.30 3.29 3.28 3.273.223.26 3.25 3.24 9. 2 2 9.2 1 9.11 9.099.089.07 8.47 8.46 8.45 8.44 8.41 8.4 0 8.35 8.3 9 8.3 8 8.37 8.36 8.34 8.3 3 8.32 8.178.29 8. 3 1 8.30 8.28 8.25 8.24 8.23 8.22 8.21 8.19 8.20 8.18 8.278.15 8.16 8.14 8. 2 6 8. 1 3 8. 1 2 8. 1 1 8.10 8.09 8.088.07 8.06 8.05 8.04 8.03 2.06 2.04 2.03 2.02 15.27 15.28 15.19 15.1814.07 14.08 15.42 15.41 15.40 15.39 15.3 8 15.37 15.36 15.35 15.34 15.33 15.32 15.31 15.3015.4315.17 15.16 15.15 12.1815.14 15.13 15.1215.1115.10 15.09 15.0815.0715.06 15.05 15.0415.03 15.02 15.0115.2915.26 15.25 15.24 15.23 15.2215.20 14.12 14.13 14.17 14.11 14.09 14.16 14.15 14.06 14.03 14.05 14.04 14.02 14.01 16.04 16.03 16.02 16.01 17.03 17.02 17.01 19.11 19 . 1 0 19 . 0 9 19 . 0 8 19 . 0 7 19 . 0 6 19 . 0 5 18.06 18.05 18.04 18.03 18.02 19.0419.03 19.02 19.01 10.08 10.07 10.03 10.02 10.01 13.40 13.64 13.31 13.36 13.65 13.63 13.35 13.34 13.33 13.32 13.29 13.28 13.6213.27 13.2613.25 13.24 13.60 13.6113. 2 3 13.22 13.21 13.20 13.19 13.18 13.17 13.16 13.15 13 . 5 0 13.14 13.13 13.12 13.11 13.10 13.09 13.0 8 13.07 13.06 13.05 13.04 13.03 13.02 13.01 12.15 12.16 12.53 12.52 12.51 12.14 12.13 13.82 13.81 13.80 13.79 13.78 13.77 13.76 13.75 13.74 13.73 13.72 13.71 Legend 1.01 Concentration Point Sub-Area Flow Direction County Storm Drain Existing City Storm Drain Proposed City Storm Drain Drainage Sub-Area Major Drainage Boundary City Boundary !( 0 200 400 600100 Feet 1" = 200' ± Node Area (acres)Q25 (cfs)Q10 (cfs)13.82 15.74 29.9 24.413.50 (N) 15.74 29.9 24.413.07 10.37 19.8 16.013.14 (S) 10.37 19.8 16.013.14 (N) 9.4 17.2 13.9CONF 13.14 19.77 37.0 29.813.50 (S) 19.77 37.0 29.8CONF 13.50 35.51 65.2 52.613.40 (N) 35.51 65.2 52.613.16 (E) 3.58 10.3 8.613.17 8.47 24.0 19.913.18 (N) 8.47 24.0 19.913.25 4.65 10.5 8.613.30 8.28 17.9 14.613.18 (E) 11.75 24.3 19.8CONF 13.18 20.22 43.2 35.513.31 (E) 24.49 49.4 40.413.23 2.92 6.3 5.113.63 (E) 2.92 6.3 5.113.63 (W) 9.01 22.3 18.4CONF 13.63 11.93 27.8 22.813.64 21.9 49.3 22.813.65 30.55 65.4 53.513.31 (S) 40.05 85.7 70.1CONF 13.31 64.54 127.9 104.313.40 (S) 66.36 127.9 104.3CONF 13.40 101.87 188.8 153.6 Hydrology Study for West End Pump Station Drainage Area Node Area (acres)Q25 (cfs) Q10 (cfs)12.17 (S) 107.1 188.8 153.612.13 7.16 20.0 14.712.14 8.57 20.9 17.112.15 15.56 36.0 29.412.16 16.24 37.0 30.312.17 (N) 16.24 37.0 30.3CONF 12.17 123.32 222.9 181.512.18 (E) 124.5 222.9 181.4 14.13 7.97 13.2 10.614.17 (E) 9.95 16.4 13.212.18 (W) 9.95 16.4 13.2CONF 12.18 134.49 238.0 193.515.30 (S) 134.49 238.0 193.515.29 5.8 13.6 11.315.30 (W) 6.08 13.8 11.415.09 4.03 6.1 4.915.05 6.28 9.2 7.415.43(N) 21.78 32.2 26.015.43 (S) 1.51 3.3 2.7CONF 15.43 23.29 34.4 27.815.30 (E) 23.29 34.4 27.8CONF 15.30 163.86 277.6 225.815.34 (E) 163.86 277.6 225.815.34 (W) 2.89 6.8 5.6CONF 15.34 166.75 283.2 230.315.38 (E) 166.75 283.2 230.315.38 (W) 3.36 8.3 6.8CONF 15.38 170.1 289.6 235.615.42 (E) 170.1 289.6 235.615.42 (W) 3.12 7.2 5.9CONF 15.42 173.22 295.6 240.4 Node Area (acres)Q25 (cfs) Q10 (cfs)18.05 4.93 11.3 9.218.06 7.61 16.7 13.616.04 (E) 11.18 22.5 18.3 Node Area (acres)Q25 (cfs) Q10 (cfs)19.07 6.4 13.5 11.119.08 6.86 14.1 11.619.09 11.68 23.5 19.319.10 12 23.5 19.319.11 17.37 33.5 27.516.04 (SE) 23.65 44.5 36.5 Node Area (acres)Q25 (cfs) Q10 (cfs)16.04 (SE) 23.65 44.5 36.516.04 (NE) 5.96 17.0 14.116.04 (E) 11.18 22.5 18.316.04 (SW) 5.07 13.9 11.5CONF 16.04 45.86 87.2 71.5 Hydrology Study for West End Pump Station Drainage Area Hydrology Study for San Gabriel River Drainage Area Hydrology Study for San Gabriel River Drainage Area Hydrology Study for San Gabriel River Drainage Area PROJECT NO: 0800810.00 DATE: April 2024 MARINA DRIVE DRAINAGE SYSTEMS FOCUSED STUDY San Gabriel River Tributary Area Exhibit 1 Priority Land Use (PLU) Map Adjacent PLU in 173-Acre Tributary Area feeding into the primary drain to WEPS Project PLU Area in 5th Street @ HDS Unit 1) Commercial Site = 0.6 AC 2) Significant Trash Generating Area (Pacific Coast Highway = 1.2 AC) Total of 1.8 AC used for Cost Benefit calculation 2) Significant Trash Generating Area (Pacific Coast Highway = 1.2 AC) 1) Commercial Site = 0.6 AC A-33 Legend FREEWAY ZONING <all other values> Type RLD-9 (Residential Low Density-9) RLD-15 (Residential Low Density-15) RMD-18 (Residential Medium Density-18) RHD-20 (Residential High Density-20) RHD-33 (Residential High Density-33) RHD-PD (Residential High Density-Planned Development) RHD-46 (Residential High Density-46) LC/RMD (Limited Commercial/Residential Medium Density) MSSP (Main Street Specific Plan) PO (Professional Office) SC (Service Commercial) GC (General Commercial) LM (Light Manufacturing) OE (Oil Extraction) PS (Public and Semipublic Facilities) RG (Recreation/Golf) MIL (Military) BEA (Beach) OS-N (Open Space Natural) OS-PR (Open Space Parks and Recreation) SPR (Specific Plan Regulation) Zoning Map OC E A N A V5TH STCE N T R A L A V1ST ST E CATALINA AV BOLSA AV PA C I F I C C O A S T H W Y6TH ST1ST ST W MARINA DR 7TH ST4TH ST8TH ST17TH ST10TH STBALBOA DR11TH ST16TH ST15TH STMAIN STMA R L I N A V 14TH STLA N D I N G A V 13TH STMARVISTA AV COASTLINE DR TAPER DR12TH ST2ND STSE A L W Y ( W A L K W A Y )3RD STCRESTVIEW AV DRIFTWOOD AV GALLEON WY FATHOM AV DOLPHIN AV1ST STCORSAIR WY CLIPPER WY SEAL BEACH BLVDSAND PIPER DRRIVIERA DRSU R F P L SOUTH SHORE DRBEACH COMBER DRCE N T R A L W Y SCHOONER WYCARM EL A V AVALON DRLAGUNA PLCARAVEL WYMARINE AVOPAL COVE WYAGUA PLMARBLE COVE WYEM E R A L D C O V E W Y NEPTUNE AVSILVER SHOALS AVCRYSTAL PLE L E C T R I C A V10TH ST8TH ST14TH STE L E C T R I C A V 7TH STE L E C T R I C A V 11TH STMAIN ST13TH ST12TH ST(OLD TOWN & BRIDGEPORT) Map prepared June, 2010 RL D - 9 ( O C E A N A V ) BEA MSSP RHD-20 RHD-20 RHD-20 O S - P R OS-PR OS- PR SPR (DWP) SC RHD-33 RLD-15 GC GC GC PS SC MILLC/RMDRLD-9 PS RLD-9 SPR OS-N (SPR) MS S P OE 2 SC A-34 PROJECT X 2025 Tier 1 Call for Projects Application for Funding ATTACHMENT I STORMWATER TREATMENT FEASIBILITY STUDY FOR MARINA HILLS NORTH, BRIDGEPORT, AND OLD TOWN MAY 2025 A-35 A-36 K:\Seal Beach\Various Storm Drain Projects (Seal Beach)\CDS Unit for West End PS\Engineering Section\REPORT\Project Report May 2025 - 5th Street Only.docx TABLE OF CONTENTS Section Page 1 Introduction .............................................................................................................. 1 2 Project Location ....................................................................................................... 1 3 Design Flood Control and Treatment Discharge ....................................................... 5 4 Stormwater Treatment Unit ...................................................................................... 5 5 Preliminary Plan ....................................................................................................... 5 6 Construction Cost Estimate for the Recommended Stormwater Treatment System ..................................................................................................................... 5 Figures Page 1 West End Pump Station Tributary Area .................................................................... 2 2 West End Pump Station Existing Tributary Storm Drain System ............................... 3 3 Proposed Treatment Location .................................................................................. 4 4 Aqua-Swirl Trash Capture – AS-9s BYP CW ............................................................ 6 Table Page 1 Cost Estimate – 5th Street at Electric Avenue Intersection ........................................ 7 Appendix 1 Preliminary Plans – 5th Street at Electric Avenue 2 AquaShield Documents A-37 Stormwater Treatment Feasibility Study City of Seal Beach Marina Hills North, Bridgeport, and Old Town Page 1 K:\Seal Beach\Various Storm Drain Projects (Seal Beach)\CDS Unit for West End PS\Engineering Section\REPORT\Project Report May 2025 - 5th Street Only.docx CITY OF SEAL BEACH STORMWATER TREATMENT FEASIBILITY STUDY FOR MARINA HILLS NORTH, BRIDGEPORT, AND OLD TOWN AREAS 1) INTRODUCTION The purpose of this study is to identify potential future stormwater treatment locations and provide preliminary designs aimed at improving the quality of stormwater flowing into the City’s West End Pump Station (WEPS), which ultimately discharges into the San Gabriel River. While two locations have been identified for treatment units, this report focuses on the location at 5th Street, as work at Galleon Way (Location 1) is underway as indicated in Figure 1 – West End Pump Station Tributary Area Map. The hydrologic and hydraulic information for this study is obtained from the City’s 2008 Master Plan of Drainage Update (Master Plan Study) and the 2018 Marina Drive Storm Drain Study. 2) PROJECT LOCATION The West End Stormwater Pump Station is located at very west edge of City boundary within the Bridgeport Community, adjacent to San Gabriel River. The tributary area of WEPS is 173 acres and includes all the Bridgeport Community and portions of Old Town and Marina Hills North, as shown in Figure 1 – West End Pump Station Tributary Area Map. The runoff to the pump station is pumped into San Gabriel River with two (2) 100 cfs capacity axial flow pumps. The existing storm drain system tributary to WEPS is shown on Figure 2 – West End Pump Station Existing Tributary Storm Drain System. The primary influent drain extends southeasterly from the pump station to Marina Drive, southeasterly along Marina Drive to Pacific Coast Highway, and northerly to Coastline Drive along Pacific Coast Highway and an easement between two single family residences. The primary influent drain has laterals at First Street (18-inch east and west), Corsair Way (18-inch and 5’ (W) x 1.25’ (H) RCB), Galleon Way (30-inch east), 5th Street (12-inch CMP), and southerly at 6th Street/Electric Avenue (18-inch RCP). Because of the shallow depth and limited capacity of the existing storm drain system southeasterly of Galleon Way at Electric Avenue, two (2) locations, shown on Figure 3 – Proposed Stormwater Treatment Location Map, are selected for treatment units to improve the stormwater quality by removing debris and pollutants at these locations. One of the locations is on Galleon Way (Location # 1), just east of Electric Avenue, where work is already underway, as previously noted. The second location is on 5th Street (Location #2) just northeasterly of Electric Avenue. There is a catch basin at this location and a 12-inch CMP, which connects to a junction structure of U/S reach of 5’(W) x 3’ (H) RCB and the D/S reach of 58” (W) x 36” (H) CMP in Electric Avenue. The current drainage area flowing to this catch basin is approximately 1.8 acres, but the future storm drain system flowing to this location is 37.3 acres. Under future conditions, it is required to construct 720 feet of 48-inch diameter RCP storm drain in 5th Street from Electric Avenue to Coastline Drive, crossing of Pacific Coast Highway as shown on Figure 3 – Proposed Stormwater Treatment Location Map. A-38 !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( 12.17 18.0114.10 1.07 13.30 k C00 P 0 2 West E n d Pump Stati o n PACIF IC COAST HWYSan Gabriel RiverOC E A N A V SE A L W Y PA C I F I C C O A S T H W Y BOLSA AV CE N T R A L A V 5TH ST6TH ST7TH ST4TH ST8TH STCRESTVIEW AV 17TH STBALBOA DR11TH ST16TH ST2ND ST15TH ST3RD STMAIN ST1ST STMARVISTA AVTAPER DRDRIFTWOOD AV 10TH STGALLEON WYMA R L I N A V SEA BREEZE DRCLIPPER WY SAND PIPER DRISLAND VIEW DRRIVIERA DRSU R F P L SOUTH SHORE DRBEACH COMBER DRS C H O O N E R W Y CARMEL A V E L E C T R I C A V LAGUNA PLJADE COVE WYBERYL COVE WYAGUA PLLA N D I N G A V CE N T R A L W Y CE N T R A L W Y ALLEYMARLIN AVALLEY5TH STALLEYALLEYALLEYE L E C T R I C A V ALLEYALLEYMARVI S T A A V LA N D I N G A V A L L E Y SEAL BEACH BLVDA L L E Y 13TH ST11TH ST14TH STE L E C T R I C A V CE N T R A L W Y SE A L W Y PA C I F I C C O A S T H W Y CATALINA AV BOLSA AV CE N T R A L A V MARINA DR 5TH ST6TH ST7TH ST4TH STBALBOA DRCOASTLINE DR 1ST STMARVISTA AV 12TH STGALLEON WY FATHOM AV CORSAIR WY CLIPPER WY AVALON DRE L E C T R I C A V DORY WY OPAL COVE WYCARAVEL WYCR Y S T A L C O V E W Y LA N D I N G A V MARBLE COVE WYEM E R A L D C O V E W YCREST DRSILVER SHOALS AVCRYSTAL PLEMERALD PLEBB TIDE PLUNKN O W N 10TH ST8TH STA L L E Y E L E C T R I C A V C E N T R A L A V MAIN ST11TH ST7TH STALLEYALLEY4.14 3.483.49 3.47 7.08 7.07 7.06 7.05 7.04 7.03 7.02 7.01 3.46 3.45 3.44 6.06 6.08 6.07 6.05 6.04 6.03 6.02 6.01 3.43 5.10 5.09 5.08 5.07 5.06 5.05 5.04 4.19 4.18 4.17 4.16 4.15 4.14 4.13 4.12 4.114.10 4.09 4.07 4.06 3.42 3.41 3.40 4.05 4.04 4.03 4.02 4.013.393.38 3.37 3.363.35 3.34 3.33 3.32 3.31 3.30 3.29 3.28 3.273.223.26 3.25 3.24 3.233.21 3.20 3.19 3.18 3.17 3.163.159. 2 3 9. 2 2 9.2 1 9. 1 2 9.11 9.099.089.07 9. 0 6 9.05 8.47 8.46 8.45 8.44 8.43 8.42 8.41 8.4 0 8.35 8.3 9 8.3 8 8.37 8.36 8.34 8.3 3 8.32 8.178.29 8. 3 1 8.30 8.28 8.25 8.24 8.23 8.22 8.21 8.19 8.20 8.18 8.278.15 8.16 8.14 8. 2 6 8. 1 3 8. 1 2 8. 1 1 8.10 8.09 8.088.07 8.06 8.05 8.04 8.03 8.02 8.01 3.133.12 3.11 2.06 2.05 2.04 2.03 2.02 2.01 1.06 15.27 15.28 15.19 15.1814.07 14.08 15.42 15.41 15.40 15.39 15.3 8 15.37 15.36 15.35 15.34 15.33 15.32 15.31 15.3015.4315.17 15.16 15.15 12.1815.14 15.13 15.1215.1115.10 15.09 15.0815.0715.06 15.05 15.0415.03 15.02 15.0115.2915.26 15.25 15.24 15.23 15.2215.20 14.12 14.13 14.17 14.11 14.09 14.16 14.15 14.06 14.03 14.05 14.04 14.02 14.01 16.04 16.03 16.02 16.01 17.03 17.02 17.01 19.11 19 . 1 0 19 . 0 9 19 . 0 8 19 . 0 7 19 . 0 6 19 . 0 5 18.06 18.05 18.04 18.03 18.02 19.0419.03 19.02 19.01 10.08 10.07 10.03 10.02 10.01 13.40 13.64 13.31 13.36 13.65 13.63 13.35 13.34 13.33 13.32 13.29 13.28 13.6213.27 13.2613.25 13.24 13.60 13.6113. 2 3 13.22 13.21 13.20 13.19 13.18 13.17 13.16 13.15 13 . 5 0 13.14 13.13 13.12 13.11 13.10 13.09 13.0 8 13.07 13.06 13.05 13.04 13.03 13.02 13.01 12.15 12.16 12.53 12.52 12.51 12.14 12.13 13.82 13.81 13.80 13.79 13.78 13.77 13.76 13.75 13.74 13.73 13.72 13.71 32.25 32.21 32.17 32.16 0 200 400 600100 Feet 1" = 200' ± Node Area (acres)Q25 (cfs)Q10 (cfs)13.82 15.74 29.9 24.413.50 (N) 15.74 29.9 24.413.07 10.37 19.8 16.013.14 (S) 10.37 19.8 16.013.14 (N) 9.4 17.2 13.9CONF 13.14 19.77 37.0 29.813.50 (S) 19.77 37.0 29.8CONF 13.50 35.51 65.2 52.613.40 (N) 35.51 65.2 52.613.16 (E) 3.58 10.3 8.613.17 8.47 24.0 19.913.18 (N) 8.47 24.0 19.913.25 4.65 10.5 8.613.30 8.28 17.9 14.613.18 (E) 11.75 24.3 19.8CONF 13.18 20.22 43.2 35.513.31 (E) 24.49 49.4 40.413.23 2.92 6.3 5.113.63 (E) 2.92 6.3 5.113.63 (W) 9.01 22.3 18.4CONF 13.63 11.93 27.8 22.813.64 21.9 49.3 22.813.65 30.55 65.4 53.513.31 (S) 40.05 85.7 70.1CONF 13.31 64.54 127.9 104.313.40 (S) 66.36 127.9 104.3CONF 13.40 101.87 188.8 153.6 Hydrology Study for West End Pump Station Drainage Area Node Area (acres)Q25 (cfs) Q10 (cfs)12.17 (S) 107.1 188.8 153.612.13 7.16 20.0 14.712.14 8.57 20.9 17.112.15 15.56 36.0 29.412.16 16.24 37.0 30.312.17 (N) 16.24 37.0 30.3CONF 12.17 123.32 222.9 181.512.18 (E) 124.5 222.9 181.4 14.13 7.97 13.2 10.614.17 (E) 9.95 16.4 13.212.18 (W) 9.95 16.4 13.2CONF 12.18 134.49 238.0 193.515.30 (S) 134.49 238.0 193.515.29 5.8 13.6 11.315.30 (W) 6.08 13.8 11.415.09 4.03 6.1 4.915.05 6.28 9.2 7.415.43(N) 21.78 32.2 26.015.43 (S) 1.51 3.3 2.7CONF 15.43 23.29 34.4 27.815.30 (E) 23.29 34.4 27.8CONF 15.30 163.86 277.6 225.815.34 (E) 163.86 277.6 225.815.34 (W) 2.89 6.8 5.6CONF 15.34 166.75 283.2 230.315.38 (E) 166.75 283.2 230.315.38 (W) 3.36 8.3 6.8CONF 15.38 170.1 289.6 235.615.42 (E) 170.1 289.6 235.615.42 (W) 3.12 7.2 5.9CONF 15.42 173.22 295.6 240.4 Node Area (acres)Q25 (cfs) Q10 (cfs)18.05 4.93 11.3 9.218.06 7.61 16.7 13.616.04 (E) 11.18 22.5 18.3 Node Area (acres)Q25 (cfs) Q10 (cfs)19.07 6.4 13.5 11.119.08 6.86 14.1 11.619.09 11.68 23.5 19.319.10 12 23.5 19.319.11 17.37 33.5 27.516.04 (SE) 23.65 44.5 36.5 Node Area (acres)Q25 (cfs) Q10 (cfs)16.04 (SE) 23.65 44.5 36.516.04 (NE) 5.96 17.0 14.116.04 (E) 11.18 22.5 18.316.04 (SW) 5.07 13.9 11.5CONF 16.04 45.86 87.2 71.5 Hydrology Study for West End Pump Station Drainage Area Hydrology Study for San Gabriel River Drainage Area Hydrology Study for San Gabriel River Drainage Area Hydrology Study for San Gabriel River Drainage Area PROJECT NO: 0800810.00 DATE: April 2024 MARINA DRIVE DRAINAGE SYSTEMS FOCUSED STUDY San Gabriel River Tributary Area Exhibit 1 Legend 1.01 Concentration Point Sub-Area Flow Direction County Storm Drain Existing City Storm Drain Proposed City Storm Drain Treatment Unit Drainage Sub-Area Major Drainage Boundary City Boundary !( GALLEON WAY BMP LOCATION TOTAL TREATMENT UNIT DRAINAGE SUB-AREA = 16.5 ACLAND USAGE: 80% IMPERVIOUS Figure 1 - West End Pump Station Tributary Area TOTAL TREATMENT UNIT DRAINAGE SUB-AREA = 37.3 AC (FUTURE) LAND USAGE: 80% IMPERVIOUS(Current Sub-Area = 1.8 AC) 5th STREET BMP LOCATION (by Others) (By Others) A-39 A-40 Location #2 Unit Ext. SD(Typ) Future SD(Typ) Location #1 Unit Figure 3 - Proposed Stormwater Treatment Location (5th Street BMP) (Galleon Way BMP per City other project) A-41 Stormwater Treatment Feasibility Study City of Seal Beach Marina Hills North, Bridgeport, and Old Town Page 5 K:\Seal Beach\Various Storm Drain Projects (Seal Beach)\CDS Unit for West End PS\Engineering Section\REPORT\Project Report May 2025 - 5th Street Only.docx 3) DESIGN FLOOD CONTROL AND TREATMENT DISCHARGES Per City Flood Protection Design Criteria, the drainage improvements in areas draining to a pump station (sump conditions) must be designed to convey the peak runoff resulting from a high confidence 25-year storm. The flood control and water quality design flow for the suggested location are as follows: The location is 5th Street at Electric Avenue with a future tributary area of 37.3 acres (21.6% of the total WEPS tributary area). The 2008 Master Plan of Drainage Update determined the peak design flow at 66 cfs (Hydrology Node 13.40). The time of concentration is 12 minutes, and its impervious percentage is 80%. The runoff coefficient; C = (0.75 * Percent Impervious +0.15) = 0.75. The Average Annual Capacity Unit Efficiency, E = 80%. From OC North TGD Figure III.4. Capture Efficiency Nomograph, the Design Intensity; I = 0.219. The stormwater treatment discharge; Q = C * I * A = 0.75 * 0.219 * 37.3 = 6.13 cfs 4) STORMWATER TREATMENT UNIT Following evaluation of several different stormwater treatment products, AquaShield Inc., Stormwater Treatment Solutions’ product “AQUA – SWIRL” is recommended for the two locations, because it can be incorporated into the storm drain system in-line and with lower head losses. The Aqua-Swirl Stormwater Treatment System is a flow-through water quality device that removes coarse sediment, debris and free-floating oil by utilizing hydrodynamic separation technology within a single swirl chamber. The recommended stormwater treatment unit at 5th Street is an Aqua-Swirl AS-9s BYP CW model with an inside diameter of 114-inch shall be installed. The standard detail of this unit is included in Figure 4 – AQUA-Swirl Trash Capture AS-9s BYP CW Standard Detail. The water quality treatment discharge capacity at this location is 15.8 cfs with a trash storage capacity of 16.2 cubic-ft. 5) PRELIMINARY PLANS The preliminary plan and profile of the treatment system recommended for Location #2 at 5th Street is provided at the end of this report. 6) CONSTRUCTION COST ESTIMATES FOR THE RECOMMENDED STORMWATER TREATMENT SYSTEMS Table 1 – Engineer’s Opinion of Construction Cost, Stormwater Treatment Feasibility Study illustrates the estimated construction cost for the stormwater treatment system at 5th Street at Electric Avenue. A-42 Projected View SCALE 1:80 Plan View SCALE 1:40 Elevation View SCALE 1:402733 Kanasita Drive, Suite 111, Chattanooga, TN 37343 Phone (888) 344-9044 Fax (423) 826-2112 www.aquashieldinc.com Structure #: Drawn By: Scale: Date: OFlores 9/15/2022 Rvwed Rvw. Date U.S. Patent No. 6524473 and other Patent Pending Aqua-Swirl® Trash Capture Standard Detial As Shown el. Varies Inlet/Outlet Invert el. Varies el. Varies Grade (Rim) el. Varies OutletInletAS-9s BYP CW AS-9s STD Aqua-Swirl® Polymer Coated Steel (PCS) Stormwater Treatment System 12 in [305 mm] Manhole Frame & Cover Detail For Non-Traffic Areas Only NTS 48 in [1219 mm] Min. Gravel Backfill Concrete Wrap Compressible Expansion Joint Material to a minimum 1/2-inch [13 mm] thickness around top of riser to allow transfer of inadvertent loading from manhole cover to concrete slab. Riser Soil Cover Frame 1/2 in [13 mm] 1/2 in [13 mm] Place small amount of concrete [3,000 psi [20 MPa] (min)] to support and level manhole frame. DO NOT allow manhole frame to rest upon riser. Backfill (90% Proctor Density) 8 in [203 mm] 4 1/2 in [114 mm] Unless other traffic barriers are present, bollards shall be placed around access riser(s) in non-traffic areas to prevent inadvertent loading by maintenance vehicles. Manhole Frame & Cover Detail For Traffic Loading Areas NTS Cover Frame 48 in [1219 mm] Min. Backfill (90% Proctor Density) 3,000 psi [20 MPa] (min) Concrete #4 [13 mm] Rebar @ 6 in [152 mm] Each Way 30 in [762 mm] Riser 1/2 in [13 mm] 4 1/2 in [114 mm] 14 in [356 mm] 1/2 in [13 mm] Thick Expansion Joint Material If traffic loading (HS-25) is required or anticipated, a 4-foot [1.22 m] diameter, 14-inch [356 mm] thick reinforced concrete pad must be placed over the Stormwater Treatment System Riser to support and level the manhole frame, as shown. The top of riser pipe must be wrapped with compressible expansion joint material to a minimum 1/2-inch [13 mm] thickness to allow transfer of wheel loads from manhole cover to concrete slab. Manhole cover shall bear on concrete slab and not on riser pipe. The concrete slab shall have a minimum strength of 3,000 psi [20 MPa] and be reinforced with #4 [13 mm] reinforcing steel as shown. Minimum cover over reinforcing steel shall be 1-inch [25 mm]. Top of manhole cover and concrete slab shall be level with finish grade. Please see accompanied Aqua-Swirl® specification notes. See Site Plan for actual system orientation. Approximate dry (pick) weight: 5900 lbs [2700 kg]. Backfill shall extend at least 18 inches [457 mm] outward from Swirl Concentrator and for the full height of the Swirl Concentrator (including riser) extending laterally to undisturbed soils. (See MH Detail Below) Pipe coupling by Contractor. 12 in [305 mm] long Stub-out by Manufacturer. Octagonal Base Plate Pipe coupling by Contractor. 12 in [305 mm] long Stub-out by Manufacturer. Varies Varies Internal Baffles Riser n114 in [n2900 mm] 126 in [3200 mm] 126 in [3200 mm] 68 in [1727 mm] 116 in [2946 mm] 5 in [127 mm] MH Frame n30 in [n762 mm] n36 in [n914 mm] n36 in [n914 mm] Rim elevations to match finish grade. n114 in [n2896 mm] 1 1 As an alternative, 42 in [1067 mm] diameter, HS-20/25 rated precast concrete rings may be substituted. 14 in [356 mm] thickness must be maintained. AS-9s BYP inlet/outlet pipe size ranges from 21 in [533 mm] to 54 in [1372 mm]. AS-9s chamber height may vary from 101 in [2565 mm] to 134 in [3404 mm], depending on inlet/outlet pipe size. Orientation may vary from a minimum of 90° to a maximum of 180°. Manhole Frame and Cover by Manufacturer. (See Details) 180° 2 3 4 2 3 4 2 Band Coupler by Manufacturer. (as needed)Lifting Lugs Backfill Bedding Undisturbed soil 18 in [457 mm] 6 in [152 mm] Trash Screen Lifting Lugs Figure 4 AQUA-Swirl Trash Capture AS-9s BYP CW Standard Detail A-43 Item No.Description Quantity Unit Unit Price Sub-Total Amount A1 Mobilization and demobilization; including but not limited to: preparation of a Stormwater Pollution Control Program (SWPCP) and placement and maintenance of BMPs during the construction period, complete and in place. 1 LS $35,000 $35,000 A2 Provide construction traffic control; including but not limited to: preparing a traffic control plan, provide and maintain traffic control, complete and in place throughout the Project. 1 LS $18,000 $18,000 A3 Provide shoring design, phased as necessary, sealed and stamped by a California registered structural engineer. 1 LS $10,000 $10,000 A4 Implement dewatering 24-hour per day and 7 days per week, regardless of the various groundwater level conditions. 1 LS $165,000 $165,000 A5 Provide and implement trench and excavation safety measures throughout the project, including sheeting, shoring and bracing. 1 LS $40,000 $40,000 A6 Clear and grub the construction site in phases to match the project schedule, demolish existing paving, landscaping, trees; haul away and legally dispose removed materials. 1 LS $10,000 $10,000 A7 Permitting, removal, transport, treatment and/or disposal of contaminated soil per actual quantity only if required. For bidding purpose, 50-ton of quantity is specified. The City will pay this Item per actual quantity. 50 TON $220 $11,000 A8 Additional over-excavation and placement of 1-1/2” and ¾” crushed rock bedding material wrapped in filter fabric per actual quantity only if required. For bidding purpose, 15- ton of quantity is specified. The City will pay this Item per actual approved quantity. 15 TON $220 $3,300 A9 Remove and dispose of non-friable asbestos materials – For bidding purpose, this cost shall be based on 100 feet of Asbestos Cement Pipe. The final payment for this Item will be paid based on the actual approved length of the asbestos cement pipe removed and disposed of regardless the size and depth of the pipe. 100 LF $150 $15,000 Subtotal =$307,300 B1 Remove and dispose of conflicting existing storm drain pipe line, catch basin and others.73 LF $250 $18,250 B2 Construct 48-inch RGRCP ("D" load= 4000), including excavation, bedding, backfill, compaction, and resurfacing, sidewalk, landscaping in place per City approval. 57 LF $1,500 $85,500 B3 Construct Curb Opening Catch Basin (W=28' & B=7') at 5th Street with Local Depression per SPPWC STD., and equipped with Automatic Retractable Screens, United Storm Water, INC. WING-GATE ARS (304 Stainless Steel). 1 EA $40,000 $40,000 B4 Demolition and Removal of Existing RCB and Re-Construct Manhole & Junction Structure (8' X 8' x 6'(H) RCB) for connecting with the existing storm drain. 1 EA $80,000 $80,000 B5 Construct Aqua-Swirl Trash Capture Unit No. "AS-9s BYP CW" model per AquaShield Inc. Manufacture STD.1 EA $135,000 $135,000 B6 Remove and dispose of existing 8-inch asbestos cement water main legally and relocate / replace with 8-inch diameter PVC C-900 DR-14 pipe, including testing and reconnections. 1 LS $22,000 $22,000 B7 Abandon existing storm drain in place. Plug ends with 560- C-3250 concrete and fill with the existing pipe wit two sack cement slurry. 1 LS $2,500 $2,500 Subtotal = $383,250 ITEM A: BASE BID ITEMS (ITEMS A1 THRIUGH A9) = $307,300 ITEM B: STORM DRAIN BID ITEMS (ITEMS B1 THROUGH B7) = $383,250 DESIGN / PM / CM COST (15%) = $103,583 CONTINGENCIES (10%) = $69,055 TABLE 1 ITEM A - BASE BID ITEMS ITEM B - STORM DRAIN BID ITEMS 5TH STREET ADJACENT TO ELECTRIC AVENUE ENGINEER'S OPINION OF CONSTRUCTION COST STORMWATER TREATMENT FEASIBILITY STUDY 5TH STREET AT ELECTRIC AVENUE INTERSECTION FOR MARINA HILLS NORTH, BRIDGEPORT, AND OLD TOWN AREA CITY OF SEAL BEACH May 2025 GRAND TOTAL OF PROJECT $863,188Grand Total = A-44 Stormwater Treatment Feasibility Study City of Seal Beach Marina Hills North, Bridgeport, and Old Town Page 8 K:\Seal Beach\Various Storm Drain Projects (Seal Beach)\CDS Unit for West End PS\Engineering Section\REPORT\Project Report May 2025 - 5th Street Only.docx Appendix 1) 5th Street Stormwater Treatment Unit 2) AquaShield Documents A-45 STORMWATER TREATMENT FEASIBILITY STUDY FOR MARINA HILLS NORTH, BRIDGEPORT, AND OLD TOWN AREA STORMWATER TREATMENT FEASIBILITY STUDY IN 5TH STREET ADJACENT ELECTRIC AVENUE 2 15 10+00 11+00 10 5 0 -5 -10 15 10 5 0 -5 -10 ELECTRIC AVENUE 5TH STREET A-46 A-47 A-48 Swirl Chamber Diameter Water Quality Treatment Flow 2 (ft.)(cfs) Offline Inline/BYP1 8 15 AS-3s 3.50 10 21 2.1 AS-4s 4.50 12 27 3.5 AS-5s 5.50 12 30 5.3 AS-6s 6.50 15 36 7.4 AS-7s 7.50 18 42 9.8 AS-8s 8.50 18 48 12.6 AS-9s 9.50 21 15.8 AS-10s 10.5 24 19.3 AS-11s 11.5 24 23.1 AS-12s 12.5 24 27.3 AS-13s 13.0 27 29.6 AS-XX 12.0 ---->29.6** * See AquaShield representative for more information on pipe sizes available. ** Higher water quality treatment flow rates can be designed with multiple swirls. 1) 2) CALIFORNIA CERTIFIED 100% FULL TRASH CAPTURE Aqua-Swirl® Sizing Chart Aqua-Swirl® Model Maximum Stub-Out Pipe Nominal Diameter (in.) The Aqua-Swirl ®Internal Bypass (BYP)provides full treatment of the "first flush," specifically the 1-year, 1-hour storm event while the peak storm is diverted and bypassed through the main conveyance pipe. For inline internal bypass configurations, the maximum pipe diameter is listed in the BYP column and the minimum pipe diameter is listed in the adjacent offline column. In accordance with the Trash Amendments, all trash treatment control devices installed after December 2, 2015 shall meet the Full Capture System definition and be certified by the State Water Resources Control Board (State Water Board) Executive Director, or designee, prior to installation. The Aqua-Swirl device meets the Full Capture System definition and is certified for installation by the State Water Board Executive Director designee . For more info: https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash_implem entation/certified_fcsdevicelist_16Feb2021.pdf The design and orientation of the Aqua-Swirl® generally entails some degree of customization. For assistance in design and specific layouts, please refer to an AquaShield™representative John Santos (916) 850-9879 or visit our website at www.AquaShieldinc.com.CAD details and specifications are available upon request. AS-2s 2.50 1.1 48 48 48* 48* 48*9580 Oak Avenue, Suite 7-203 • Folsom, CA 95630 • Phone (916) 850-9879 • www.aquashieldinc.com A-49 Stormwater Treatment System Inspection and Maintenance Manual AquaShieldTM, Inc. 2733 Kanasita Drive Suite 111 Chattanooga, TN 37343 Toll free (888) 344-9044 Phone: (423) 870-8888 Fax: (423) 826-2112 Email: info@aquashieldinc.com www.aquashieldinc.com June 2022 © AquaShieldTM, Inc. 2022. All rights reserved.A-50 Floatable debris in the Aqua-Swirl® Aqua-Swirl® Stormwater Treatment System The Aqua-Swirl® Stormwater Treatment System (Aqua-Swirl®) is a vortex-type hydrodynamic separator designed and supplied by AquaShieldTM, Inc. (AquaShieldTM). Aqua-Swirl® technology removes pollutants including suspended solids, trash, floatables and free-floating oil from stormwater runoff. Both treatment and storage are accomplished in the single swirl chamber without the use of multiple or hidden, blind access chambers. Aqua-Swirl® System Maintenance The long term performance of any stormwater treatment structure, including manufactured or land based systems, depends on a consistent maintenance plan. Inspection and maintenance functions are simple and easy for the Aqua-Swirl® allowing all inspections to be performed from the surface. It is important that a routine inspection and maintenance program be established for each unit based on: (a) the volume or load of the contaminants of concern, (b) the frequency of releases of contaminants at the facility or location, and (c) the nature of the area being drained. © AquaShieldTM, Inc. 2022. All rights reserved. A-51 Example of Aqua-Swirl® manhole cover Inspection The Aqua-Swirl® can be inspected from the surface thereby eliminating the need to enter the system to determine when cleanout should be performed. AquaShieldTM recommends in most cases that a quarterly inspection take place for the first year of operation to develop an appropriate schedule of maintenance. Based on experience of the system’s first year in operation, we recommend that the inspection schedule be revised to reflect the site-specific conditions encountered. The typical inspection schedule for subsequent years is reduced to semi-annual inspection events. Table 1 below lists the available Aqua-Swirl® models as well their inner diameters, oil/debris storage capacities and the sediment storage capacities. Table 1. Aqua-Swirl® Storage Capacities Aqua-Swirl® Model Inner Diameter (ft) Oil/Debris Storage Capacity (gal) Sediment Storage Capacity (ft3) AS-2 2.5 37 6 AS-3 3.5 110 11 AS-4 4.5 190 19 AS-5 270 23 AS-6 390 33 AS-7 540 45 AS-8 710 58 AS-9 910 74 AS-10 1,130 91 AS-11 1,422 110 AS-12 1,698 131 AS-13 13.0 1,986 154 AS-XX Custom* * Custom designs to meet site-specific criteria, can include multiple (twin) units for increased flow and materials storage capacity. 5.5 6.5 7.5 8.5 9.5 10.5 11.5 12.5 © AquaShieldTM, Inc. 2022. All rights reserved.A-52 Sediment inspection using a stadia rod Maintenance The Aqua-Swirl® has been designed to minimize and simplify the inspection and maintenance process. The single chamber of the system can be inspected and maintained entirely from the surface thereby eliminating the need for confined space entry. There are no areas of the structure that are blocked from visual inspection or periodic cleaning. Inspection of any free-floating oil and floatable trash can be directly observed and maintained through the manhole access provided directly over the swirl chamber. If so equipped, the trash screen can be exposed once the water is removed from the unit and inspected. Aqua-Swirl® Inspection Procedure To inspect the Aqua-Swirl®, a hook is typically needed to remove the manhole cover. AquaShieldTM provides a customized manhole cover with our distinctive logo to make it easy for maintenance crews to locate the system in the field. We also provide a permanent metal information plate affixed inside the access riser which provides our contact information, the Aqua-Swirl® model size, and serial number. The only tools needed to inspect the Aqua-Swirl® system are a flashlight and a measuring device such as a stadia rod or pole. Given the easy and direct accessibility provided, floating oil and debris can be observed directly from the surface. Sediment depths can easily be determined by lowering a measuring device to the top of the sediment pile and to the surface of the water. It should be noted that in order to avoid underestimating the volume of sediment in the chamber, the measuring device must be carefully lowered to the top of the sediment pile. Keep in mind that the finer sediment at the top of the pile may offer less resistance to the measuring device than the larger particles which typically occur deeper within the sediment pile. The Aqua-Swirl® design allows for the captured sediment to accumulate in a semi-conical fashion as illustrated below. That is, the depth to sediment as measured below the water surface may be less in the center of the swirl chamber; and likewise, may be greater at the edges of the swirl chamber. 42-48” © AquaShieldTM, Inc. 2022. All rights reserved.A-53 Maximum recommended sediment depth prior to cleanout is 14 inches for all Aqua-Swirl® models (not to scale) Aqua-Swirl® Cleanout Procedure Cleaning the Aqua-Swirl® is simple and quick. Free-floating oil and floatable trash can be observed and removed directly through the 30-inch service access riser provided. A vacuum truck is typically used to remove the accumulated sediment and debris. An advantage of the Aqua-Swirl® design is that the entire sediment storage area can be reached with a vacuum hose from the surface reaching all the sides. Since there are no multiple or limited (blind) access chambers in the Aqua-Swirl®, there are no restrictions to impede on-site maintenance tasks. If applicable, the trash screen can be reached from the surface and cleaned with a vacuum hose. Disposal of Recovered Materials AquaShieldTM recommends that all maintenance activities be performed in accordance with appropriate health and safety practices for the tasks and equipment being used. AquaShieldTM also recommends that all materials removed from the Aqua-Swirl® and any external bypass structures (divergent and convergent) be handled and disposed of in full accordance with any applicable local and state requirements. 14” © AquaShieldTM, Inc. 2022. All rights reserved.A-54 Vacuum (vactor) truck quickly cleans the single open access swirl chamber Aqua-Swirl® Inspection and Maintenance Work Sheets on following pages © AquaShieldTM, Inc. 2022. All rights reserved.A-55 Aqua-Swirl® Inspection and Maintenance Work Sheets SITE and OWNER INFORMATION Site Name: Site Location: Date: Time: Inspector Name: Inspector Company: Phone #: Owner Name: Owner Address: Owner Phone #: Emergency Phone #: INSPECTIONS I. Floatable Trash/Debris and Oil 1. Remove manhole lid to expose liquid surface of the Aqua-Swirl®. 2. Remove floatable trash/debris with basket or net if any present. 3. If oil is present, measure its depth. Clean liquids from system if one half (½) inch or more of oil and/or trash is present. 4. If applicable, clean trash screen surface with vacuum hose. Note: Water in Aqua-Swirl® can appear black and similar to oil due to the dark body of the surrounding structure. Oil may appear darker than water in the system and is usually accompanied by oil stained debris (e.g. Styrofoam, etc.). The depth of oil can be measured with an oil/water interface probe, a stadia rod with water finding paste, a coliwasa, or collect a representative sample with a jar attached to a rod. II. Sediment Accumulation 1. Lower measuring device (e.g. stadia rod) into swirl chamber through service access provided until top of sediment pile is reached. 2. Record distance to top of sediment pile from top of standing water: inches. 3. Maximum recommended sediment depth prior to cleanout is 14 inches for all models. Consult system shop drawing for treatment chamber depth as measured from the inlet pipe invert to base of the unit. © AquaShieldTM, Inc. 2022. All rights reserved.A-56 III. Diversion Structures (External Bypass Features) If a diversion (external bypass) configuration is present, it should be inspected as follows: 1. Inspect weir or other bypass feature for structural decay or damage. Weirs are more susceptible to damage than off-set piping and should be checked to confirm that they are not crumbling (concrete or brick) or decaying (steel). 2. Inspect diversion structure and bypass piping for signs of structural damage or blockage from debris or sediment accumulation. 3. When feasible, measure elevations on diversion weir or piping to ensure it is consistent with site plan designs. 4. Inspect downstream (convergence) structure(s) for sign of blockage or structural failure as noted above. CLEANING Schedule cleaning with local vactor company to remove sediment, trash, oil and other floatable pollutants. The captured material generally does not require special treatment or handling for disposal. Site-specific conditions or the presence of known contaminants may necessitate that appropriate actions be taken to clean and dispose of materials captured and retained by the Aqua- Swirl®. All cleaning activities should be performed in accordance with property health and safety procedures. AquaShieldTM always recommends that all materials removed from the Aqua-Swirl® during the maintenance process be handled and disposed in accordance with local and state environmental or other regulatory requirements. MAINTENANCE SCHEDULE I. During Construction Inspect the Aqua-Swirl® full capture device every three (3) months and clean the system as needed. The Aqua-Swirl® should be inspected and cleaned at the end of construction regardless of whether it has reached its maintenance trigger. II. First Year Post-Construction Inspect the Aqua-Swirl® every three (3) months and clean the system as needed. Inspect and clean the system once annually regardless of whether it has reached its sediment, trash or floatable pollutant storage capacity. III. Second and Subsequent Years Post-Construction If the Aqua-Swirl® did not reach full sediment or floatable trash capacity in the First Year Post-Construction period, the system can be inspected and cleaned once annually. © AquaShieldTM, Inc. 2022. All rights reserved.A-57 If the Aqua-Swirl® reached full sediment, trash or floatable pollutant capacity in less than 12 months in the First Year Post-Construction period, the system should be inspected once every six (6) months and cleaned as needed. The Aqua-Swirl® should be cleaned annually regardless of whether it reaches its sediment, trash or floatable pollutant capacity. IV. Bypass Structures Bypass structures should be inspected whenever the Aqua-Swirl® is inspected. Maintenance should be performed on bypass structures as needed. MAINTENANCE COMPANY INFORMATION Company Name: Street Address: City: State/Prov.: Zip/Postal Code: Contact: Title: Office Phone: Cell Phone: ACTIVITY LOG Date of Cleaning: (Next inspection should be 3 months from this data for first year). Time of Cleaning: Start: End: Date of Next Inspection: Floatable debris present: Yes No Notes: Oil present: Yes No Oil depth (inches): Measurement method and notes: © AquaShieldTM, Inc. 2022. All rights reserved.A-58 STRUCTURAL CONDITIONS and OBSERVATIONS Structural damage: Yes No Where: Structural wear: Yes No Where: Odors present: Yes No Describe: Clogging: Yes No Describe: Other Observations: NOTES Additional Comments and/or Actions To Be Taken Time Frame ATTACHMENTS • Attach site plan showing Aqua-Swirl® location. • Attach detail drawing showing Aqua-Swirl® dimensions and model number. • If a diversion configuration is used, attach details showing basic design and elevations (where feasible). © AquaShieldTM, Inc. 2022. All rights reserved.A-59 Aqua-Swirl® TABULAR MAINTENANCE SCHEDULE Date Construction Started: Date Construction Ended: During Construction Month Activity 1 2 3 4 5 6 7 8 9 10 11 12 Inspect and Clean as needed X X X X Inspect Bypass and maintain as needed X X X X Clean System* X* * The Aqua-Swirl® should be cleaned once a year regardless of whether it has reached full pollutant storage capacity. In addition, the system should be cleaned at the end of construction regardless of whether it has reach full pollutant storage capacity. First Year Post-Construction Month Activity 1 2 3 4 5 6 7 8 9 10 11 12 Inspect and Clean as needed X X X X Inspect Bypass and maintain as needed X X X X Clean System* X* * The Aqua-Swirl® should be cleaned once a year regardless of whether it has reached full pollutant storage capacity. Second and Subsequent Years Post-Construction Month Activity 1 2 3 4 5 6 7 8 9 10 11 12 Inspect and Clean as needed X* Inspect Bypass, maintain as needed X* Clean System* X* *If the Aqua-Swirl® did not reach full sediment or floatable pollutant capacity in the First Year Post -Construction period, the system can be inspected and cleaned once annually. If the Aqua-Swirl® reached full sediment, trash or floatable pollutant capacity in less than 12 months in the First Year Post-Construction period, the system should be inspected once every six (6) months or more frequently if past history warrants, and cleaned as needed. The Aqua-Swirl® should be cleaned annually regardless of whether it reaches its full sediment, trash or floatable pollutant capacity. © AquaShieldTM, Inc. 2022. All rights reserved.A-60 AquaShield® Stormwater Treatment Solutions 1 8/24/2018 Aqua-Swirl® Specifications GENERAL This specification shall govern the performance, materials, and fabrication of the Stormwater Treatment System. SCOPE OF WORK The Aqua-Swirl® shall be provided by AquaShield™, Inc., 2733 Kanasita drive, Suite 111, Chattanooga, TN (888-344-9044), and shall adhere to the following material and performance specifications at the specified design flows and storage capacities. MATERIALS A. Stormwater Treatment System shall be made from Polymer Coated Steel (PCS) corrugated pipe meeting the following requirements: 1) Steel shall be zinc-coated (galvanized) and conform to ASTM A929 with a coating weight of 2 oz/ft² of surface (total both sides) to provide zinc coating thickness of 43µm (0.0017 in.) on each surface. Corrugations shall conform to the requirements stated in Specification A929/A 929M. 2) The polymer coating shall conform to ASTM A742. Polymer coating shall be a film coating comprised of at least 85% ethylene acrylic acid copolymer and be capable of being applied to the galvanized steel sheet. After application, the polymer coating shall be free of holes, tears, and discontinuities, and shall be sufficiently flexible so that it will withstand corrugating, forming, lockseaming operations, and punching of holes. 3) REQUIREMENTS FOR POLYMER COATING a) Adhesion – There shall be no spalling or cracking of the coating or disbanding of the coating at the cut, when A-61 AquaShield® Stormwater Treatment Solutions 2 8/24/2018 tested in accordance with ASTM A742/A 742M-03 Section 9.1. b) Impact – There shall be no break in the polymer coating when tested in accordance with ASTM A742/A 742M-03 Section 9.2. c) Thickness of Coating – The thickness of the polymer coating shall meet the requirements of ASTM A742/A 742M-03 Section 4 when tested in accordance with Section 9.3. The thicknesses indicated are minimum values at any point not less than 3/8 in. (10mm) from an edge. d) Holidays – The polymer coating on the steel shall be substantially free of holidays when tested in accordance with ASTM A742/A 742M-03 Section 9.4. An average of two holidays per square foot (22 holidays per square meter) of actual surface area on the test specimen shall be permitted. e) Abrasion Resistance – The average abrasion coefficient when tested in accordance with ASTM A742/A 742M-03 Section 9.5, shall be a minimum of 100 (expressed i n g/mil of thickness) or 3.9 (expressed in g/µm of thickness). f) Imperviousness – There shall be no loosening or separation of the polymer coating from the galvanized steel substrate when tested in accordance with ASTM A742/A 742M-03 Section 9.6. g) Freeze-Thaw Resistance – The specimen shall withstand 100 freeze-thaw cycles, per ASTM A742/A 742M-03 Section 9.7, without spalling, disbanding, or other detrimental effects. h) Weatherability – The specimens shall withstand 100 hours of weathering with no observable delamination or cracking, when tested in accordance with ASTM A742/A 742M-03 Section 9.8. i) Resistance to Microbial Attack – There shall be no effect of microbial attack of the polymer coating when tested in accordance with ASTM A742A 742M-03 Section 9.9. A-62 AquaShield® Stormwater Treatment Solutions 3 8/24/2018 B. TRASH SCREEN - The Stormwater Treatment System shall be equipped with a screen capable of retaining trash 5mm (0.197- inch) or greater in size. Screen shall be T304 stainless steel, minimum 16ga. (0.0625-inch) thickness, with maximum 4.7mm (0.1875-inch) openings. Screen shall be affixed so that all effluent flow from the treatment chamber must pass through the screen openings. C. REJECTION – The Stormwater Treatment System may be rejected for failure to meet any of the requirements of this specification. PERFORMANCE A. The Stormwater Treatment System shall include a ___-inch inner diameter (ID) circular hydrodynamic flow-through treatment chamber to treat the incoming water. A tangential inlet shall be provided to induce a swirling flow pattern that will cause sedimentary solids to accumulate in the bottom center of the chamber in such a way as to prevent re-suspension of captured particles. An arched baffle wall shall be provided in such a way as to prevent floatable liquid oils and solids from exiting the treatmen t chamber while enhancing the swirling action of the stormwater. A stainless steel screen shall be provided in such a way that trash particles 5mm (0.197-inch) and greater are prevented from exiting the treatment chamber. B. The Stormwater Treatment System shall have a trash/debris/sediment storage capacity of ___ cubic feet and be capable of capturing ____ gallons of petroleum hydrocarbons. The Stormwater Treatment System shall have a treatment capacity of _____ cubic feet per second (cfs). The Stormwater Treatment System shall be capable of removing floating trash and debris 5mm (0.197-inch) or greater along with floatable oils from stormwater entering the treatment chamber. C. Service access to the Stormwater Treatment System shall be provided via 30-inch inner diameter (ID) access riser(s) over the treatment chamber such that no confined space entry is required to perform routine inspection and maintenance functions. A-63 AquaShield® Stormwater Treatment Solutions 4 8/24/2018 TREATMENT CHAMBER CONSTRUCTION A. The treatment chamber shall be constructed from Polymer Coated Steel (PCS), 16 gauge thickness, with 2.67” x ½” corrugation. For sized above 84” ID, the treatment chamber shall be constructed from PCS, 14 gauge thickness, with 2.67” x ½” corrugation. For sizes above 120” ID the treatment chamber shall be constructed from PCS, 10 gauge thickness, with 3.00” x 1” corrugation. B. Top and bottom plate thickness and reinforcement shall be suitable to withstand HS-25 surface loading up to 8 feet of cover depth. Calculations must be provided to justify the thickness of the top and bottom plates and associated reinforcement. Top and bottom plates shall be Metal Inert Gas (MIG) welded to the treatment chamber structure. All welds shall be free of porosity, pinholes, and obvious defects. Welded areas shall be thoroughly cleaned and coated with two coats of TPC-515-7 black synthetic coating. C. The inlets and outlets shall be MIG welded to the treatment chamber structure. All welds shall be free of pinholes, porosity and obvious defects. Welded areas shall be thoroughly cleaned and coated with two coats of TPC-515-7 black synthetic coating. D. The arched baffle wall shall be fabricated from PCS and shall be MIG welded to the inside of the treatment chamber with connections made at 180 degrees of each end. Welds shall be coated with two coats of TPC-515-7 black synthetic coating. E. The stainless steel trash screen shall be joined to the baffle utilizing stainless steel fasteners such that no flow can bypass the screen. Screen shall be T304 stainless steel, minimum 16ga. (0.0625-inch) thickness, with maximum 4.7mm (0.1875-inch) openings. The bottom of the screen shall be either capped with a solid PCS plate, or extend to the bottom of the treatment chamber, and be joined by stainless steel fasteners so that no flow can bypass the screen. F. Lifting supports may be provided on the exterior of the Stormwater Treatment System in such a way as to allow the prevention of undue stress to critical components of the Stormwater Treatment A-64 AquaShield® Stormwater Treatment Solutions 5 8/24/2018 System during loading, off-loading, and moving operations. The lifting supports shall be constructed as an integral part of the treatment chamber. G. A concrete pad shall be required to support the manhole frame and cover. When used in a traffic area the pad design shall be approved by a professional engineer and the calculations must be included in the submittal. H. The manufacturer, upon request, can supply anti- floatation/buoyancy calculations. In addition, typical drawings of the AquaShield™ Stormwater Treatment System with concrete anti - floatation structures can also be provided. Anti-floatation structure design and approval are ultimately the responsibility of the specifying engineer. The contractor shall provide the anti-floatation structures. INSTALLATION A. Excavation and Bedding The trench and trench bottom shall be constructed in accordance with ASTM A 798 Section 5, Trench Excavation, Section 6, Foundation, and Section 7, Bedding. The PCS Swirl Concentrator shall be installed on a stable base consisting of at least 6-inches of fine, readily compacted soil or granular fill material, and compacted to 95% proctor density. Bedding shall not contain stones retained on a 3-inch ring, frozen lumps, highly plastic clay, organic material, corrosive material, or other deleterious foreign materials. All required safety precautions for Swirl Concentrator installation are the responsibility of the contractor and shall be per OSHA approved methods. B. Contractor The contractor shall be responsible for preparing the site for the system installation including, but not limited to, temporary shoring, excavation, cutting and removing pipe, new pipe, bedding, and compaction. The contractor shall be responsible for furnishing the means to lift the system components off the delivery trucks. The contractor shall be responsible for providing any concrete anti- A-65 AquaShield® Stormwater Treatment Solutions 6 8/24/2018 floatation/anti-creep restraints, anchors, collars, etc. with any straps or connection devices required. The contractor shall be responsible for sealing the pipe connections to the Stormwater Treatment System, backfilling and furnishing all labor, tools, and materials needed. SUBMITTALS The contractor shall be provided with dimensional drawings; and when specified, utilize these drawings as the basis for preparation of shop drawings showing details for construction and reinforcing. Shop drawings shall be annotated to indicate all materials to be used and all applicable standards for materials, required tests of materials, and design assumptions for structural analysis. Shop drawings shall be prepared at a scale of not less than ¼ inch per foot. One (1) hard copy of said shop drawings shall be submitted to the specifying engineer for review and approval. QUALITY CONTROL INSPECTION A. Materials The quality of materials, the process of manufacturing, and the finished sections shall be subject to inspection by the specifying engineer. Such inspection may be made at the place of construction, on the work site after delivery, or at both places. The sections shall be subject to rejection at any time if material conditions fail to meet any of the specification requirements, even though sample sections may have been accepted as satisfactory at the place of manufacture. Sections rejected after delivery to the site shall be marked for identification and shall be removed from the site at once. All sections, which are damaged beyond repair after delivery will be rejected; and, if already installed, shall be repaired to the specifying engineer’s acceptance level, if permitted, or removed and replaced entirely at the contractor’s expense. B. Inspection The Stormwater Treatment System shall be assembled complete at the place of manufacture and shall be hydrostatically tested and certified leak proof prior to shipment to the jobsite. All sections A-66 AquaShield® Stormwater Treatment Solutions 7 8/24/2018 shall be inspected for general appearance, dimensions, soundness, etc. C. Defects Structural defects may be repaired (subject to the acceptance of the specifying engineer) after demonstration by the manufacturer that strong and permanent repairs will be made. The specifying engineer, before final acceptance of the components, shall carefully inspect repairs. A-67 City of Seal Beach Master Approved: 4/24/26 3224469v1 EXHIBIT B PROPOSAL (Consultant’s Proposal for Professional Design Engineering Services for the 5th Street at Electric Avenue Stormwater Treatment Project, dated August 26, 2026) City of Seal Beach PROPOSAL FOR 5TH STREET AT ELECTRIC AVENUE STORMWATER TREATMENT PROJECT AUGUST 26, 2026AUGUST 26, 2026 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 August 26, 2026 City of Seal Beach Ms. Kathryne Cho Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, California 90740 SUBJECT: PROPOSAL FOR 5 T H S T R E E T A T E L E CT R I C A V E N U E S T O R M W A T E R T R E A T M E N T P RO J E CT Dear Ms. Cho, The City of Seal Beach (City) is seeking a qualified engineering consultant to provide services related to the installation of a trash removal system for stormwater draining to the existing catch basin located at the northeast corner of the intersection of 5th Street and Electric Avenue. Existing stormwater flows tributary to this location will be increased in the future when the City implements a storm drain project that will collect flow from areas to the east of the intersection. As such, the trash removal system will be designed to accommodate flows from the future watershed. This proposal provides for the design and the preparation of plans, specifications, and estimates (PS&E) documents for the trash removal system. The completed project will serve to improve water quality in the San Gabriel River and its outfall located just north of one of the City’s signature environmental and recreational natural resources, Seal Beach. BKF Engineers (BKF) welcomes the opportunity to submit this proposal for the City’s consideration. UNDERSTANDING PROJECT CHALLENGES AND OPPORTUNITIES. Understanding and managing the key issues associated with the project will be critical to its success. BKF is very familiar with this site as a result of our field review and our responsibilities as engineer-of-record for the similar project that we designed at the intersection of Galleon Way and Electric Avenue. We have identified potential challenges and opportunities that this Project presents, which has allowed us to begin formulating viable solutions. These solutions are presented in our Project Understanding and include: ▪ Utility Avoidance ▪ ADA Impact Avoidance ▪ Shallow Cover Installations ▪ Groundwater Management ▪ Traffic Control ABOUT US. Since 1915, BKF Engineers has built a reputation on the ability to plan, design, survey, and successfully implement small to complex projects. We draw upon and utilize our experience to guide projects from the inception and feasibility study stages through final design and construction that identify physical constraints, potential risks, and value engineering alternatives; resulting in projects that exceed expectations. EXTENSIVE SIMILAR EXPERIENCE. For more than 111 years, BKF has been delivering projects that address stormwater and drainage issues to public agencies across southern California. Our team has successfully executed similar stormwater treatment and storm drain modification projects to improve the living environment of communities. With a proactive approach, we will work with the City to enhance the quality of life for its residents and visitors well into the future. BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 HISTORY AND FAMILIARITY WITH THE CITY. Our team is intimately familiar with seaside communities in California. Our designated project manager has completed projects in San Clemente, Laguna Beach, Newport Beach, and Long Beach. We also understand the operation environment of the City through our recent completion of the design of the Galleon Way at Electric Avenue Stormwater Treatment Project, which has been advertised and awarded for construction. This previous work with the City gives us a deeper understanding of the specific origins and requirements of this project and will inform our approach to providing tailored services that ensure the project’s success. EXPERIENCED TEAM. Our Team members have recently worked on similar stormwater quality projects including the City’s Galleon Way at Electric Avenue Stormwater Treatment Project, The Greenville-Banning Channel and Santa Ana River Hydrodynamic Separator Project for the City of Costa Mesa, the City of Newport Beach’s Arches Diversion Project, and the Lower San Diego Creek Low-Flow Diversion Study for the Irvine Ranch Water District. These projects include similar design and configuration elements to this project. We have included a comprehensive team that will allow us to respond to the City’s requests in a timely manner, promote continuity, and streamline project deliverables. Leading the team is BKF’s Project Manager, Daniel Villines, PE. Daniel has extensive experience in the completion of storm drain improvement projects that include stormwater treatment and trash capture features. Daniel understands that protentional inconveniences to the City residents and visitors are important and must be considered as a part of the project’s design. He is thoughtful and proactive in his approach and maintains active lines of communication among the Team, the City, and project stakeholders. This letter is signed by BKF’s Associate Vice President, Roger Chung, who is authorized to negotiate with the City and bind the firm contractually. BKF Engineers has reviewed the RFP and Sample Contract in their entirety and have no exceptions to any requirements and terms of conditions. This proposal shall remain valid for a period of ninety (90) days after the proposal submission. BKF’s work under this contract will be completed out of our Newport Beach office, located at 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660. We look forward to the opportunity to work with the City and have the available resources to commit to this project immediately. We are available to expand on any portion of our proposal and answer any further questions. Please feel free to contact Dan Villines at 949.526.8488 or myself at 949.526.8457 during the selection process. Sincerely, BKF ENGINEERS Roger Chung, PE Daniel Villines, PE Associate Vice President Senior Project Manager (E) RChung@bkf.com (E) DVillines@bkf.com (P) 949.526.8457 Direct (P) 949.526.8488 Direct TABLE OF CONTENTS STAFFING............................................................................................1 COMPANY QUALIFICATIONS & REFERENCES...............................3 SCHEDULE..........................................................................................9 ESTIMATED HOURS ........................................................................10 PROJECT UNDERSTANDING...........................................................11 PROJECT APPROACH......................................................................14 SCOPE OF SERVICES......................................................................15 FEE PROPOSAL...........................................[SEPERATE ENVELOPE] EXCEPTIONS, BUSINESS INFORMATION, SIGNATORIES............18 RESUMES 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 14 STAFFING: WE ARE ORGANIZED TO SUPPORT YOUBKF has assigned professional engineers to specific roles based on the professionals’ expertise and availability. Key positions required to execute project responsibilities will remain appropriately staffed throughout the life of the contract. We are organized for a quick response to address your needs and are able to meet tight schedules. If needed, BKF has the resources to provide additional experienced personnel, office support, and/or field staff. With a total staff of over 850 employees, including 200+ licensed civil engineers and 23 licensed land surveyors from which to draw resources, we are able to schedule multiple tasks simultaneously to respond to project needs quickly. Project Engineer/Hydrology & HydraulicsRoger Chung, PE, CFM, QSD/P, ENV SP Pumps & Force MainsJake Taylor, PE, QSD/PVik Bapna, PE, ENV SP, CPSWQ, QSD/P *Larry Tortuya, PE, ENV SP, CFM, QSD/P * Technical AdvisorGerald (Gerry) Greene, DEnv, PE, QEP, QSD/P Permitting SupportPhil Jones, PE, QSD/P SurveyDavis Thresh, PLS PS&ERobin Hayes, PE GeotechnicalDennis Boratynec, GE, PE * ElectricalChristopher Karjala *Dale Karjala, EE * TECHNICAL RESOURCES Dan Villines, PE, QSD PROJECT MANAGER Sravan Paladugu, PE, QSD/P, CFM QA/QCChris Rideout, PE PRINCIPAL-IN-CHARGE * indicates subconsultant BKF ENGINEERS, SURVEYORS, PLANNERS 450+ SUPPORT STAFF BENEFITS WE BRING TO THE CITY A project team with 100+ years of water resources design experience in Orange, Los Angeles, Riverside, San Bernardino, Kern, & San Diego Counties A project team that has been involved with water resources design, planning, and infrastructure projects throughout Southern California A project team familiar with the City’s systems and standards, allowing us to integrate seamlessly with your staff to deliver the 5th Street at Electric Avenue Stormwater Treatment Project on time and on budget Dan Villines, PE, QSDProject Manager 949.526.8488 DVillines@BKF.com 4675 MacArthur Ct., Ste. 400, Newport Beach, CA 92660 CONTACT & PRIMARY OFFICE Roger Chung PE, CFM, ENV SP, QSD/P, BC.WRE, F. ASCE Survey David Thresh, PLS Plans, Specifications & Estimates Robin Hayes, PE Geotechnical Dennis Boratynec, PGE, PE * City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 1 Fee Proposal. City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 2 01 / BACKGROUND & APPROACH City of San Clemente Poche Beach Water Reclamation Diversion Design Project 5 Civil Engineering • Surveying • Planning • Transportation • Water Resources • Sustainability • Construction Management • Utility Locating • Grants and Funding SERVICES BKF Engineers DELIVERING INSPIRED INFRASTRUCTURE FOR OVER 100 YEARS Newport Beach Modesto Oakland Pleasanton Portland Redwood City Roseville Sacramento San Francisco Salinas San Diego San Jose San Luis Obispo San Rafael Santa Rosa Walnut Creek OFFICE LOCATIONS Serving the western United States since 1915, BKF Engineers is a leading civil engineering and surveying firm, successfully planning, designing, surveying, and funding projects. Our legacy is indicative of our resilience and dedication to supporting the technical expertise and collaboration critical to implementing the visions of the communities we serve. By leveraging our diverse project portfolio in combination with innovative design solutions, BKF’s team of over 850 experienced members is dedicated to successfully deliver sustainable and dynamic projects for our communities and partners. Through our growing presence in over 16 locations, BKF supports a diverse range of markets, including transportation, water resources, land surveying, infrastructure, land development, research and laboratory facilities, government, civic, parks and open space, education, and healthcare. We provide a number of specialty services--agency permit expediting, master planning, grant/funding strategies, sustainable infrastructure, site accessibility consulting, hydrology/hydraulics, traffic signal and traffic handling designs, utility locating services, automated construction surveying monitoring, and 3D laser scanning—to expedite the design and approval of projects. BKF’s proven project approach recognizes that developing dynamic projects is informed by focused team collaboration, mitigating physical constraints and potential risks, and balancing design goals with value engineering solutions. As a partner with our clients, BKF is mutually invested in the successful outcome of projects through providing strategic advice commencing at the initial feasibility phases through the completion of construction. QUALIFICATIONS AND REFERENCES City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 3 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 STORMWATER TREATMENT IMPROVEMENTS AT GALLEON WAY AND ELECTRIC AVENUE Seal Beach, California Dan Villines served as project manager for the preparation of plans, specifications, and estimates (PS&E) documents for the construction of a diversion line and Aqua-Swirl trash capture device in the City of Seal Beach, CA (City). The design process included and evaluation of the original facility layout as included in the City’s 2024 Environmental Cleanup Program Tier 1 Grant Application to the Orange County Transportation Authority (Grant). The evaluation resulted in an alternative approach to the project that reduced the project cost, shortened the duration of construction, reduced impacts to the local neighborhood, and eliminated multiple utility conflicts. The revised approach recognized that a flow diversion configuration would accomplish the goals of the OCTA Grant and fulfil the City’s needs. The PS&E documents were successfully advertised and awarded to a contractor in July 2026 for construction. BKF is presently providing construction support activities. Relevant Staff: Dan Villines Project Manager Client: City of Seal Beach Project Status: Design Completed in 2026 Reference: Kathryn Cho Deputy Director of Public Work City Engineer City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 x 1321 kcho@sealbeachca.gov Services Provided: Survey & Mapping Hydraulic Analysis Storm Drain Design Structural Analyses PS&E Documents Construction Support Svcs. Construction Value: $300,000 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 4 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 PLACENTIA AVENUE STORMWATER TRASH CAPTURE Costa Mesa, California The City of Costa Mesa (City), in compliance with the Santa Ana Regional Water Quality Control Board’s Water Code 13383, retained BKF Engineers to evaluate and recommend a preferred hydrodynamic trash separator device along the alignment of a 72” reinforced concrete pipe storm drain in Placentia Avenue prior to its discharge into the OCFCD Fairview Channel. Roger Chung served as the project manager for the project. At the point of intercept for trash capture, the 72” storm drain conveys flow from an approximate 232-acre watershed consisting of mixed land uses including industrial, commercial, and residential developments. Based on the evaluation process, BKF identified a site that was outside the travelway of Placentia Avenue which eliminated traffic impacts and reduced construction cost. BKF performed hydraulic analyses, provided survey, performed utilities research, developed plans, specifications and estimate (PS&E) documents, assisted the City through the bid process, and provided construction support services. Relevant Staff: Roger Chung Project Manager Project Status: Completed in 2024 Reference: Bobby Fouladi, PE Senior Engineer City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 714.754.5222 bobby.fouladi@ costamesaca.gov Services Provided: Hydrology Studies Hydraulic Analysis Gabion Wall Design Utilities Coordination Regulatory Agencies Right of Way Delineation Report Preparation PS&E Preparation Construction Support As-Builts Construction Value: $550,000 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 5 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 MARIN COUNTY LARGE TRASH CAPTURE DEVICE Marin County, California The County of Marin selected BKF to assist with preliminary design and a feasibility analysis to support initial decisions made regarding what will be the County's first installed trash capture device. Due to a fast-approaching funding deadlines, BKF worked diligently to prepare the preliminary design and analysis within an aggressive 3- week timeframe. BKF prepared a Feasibility Report to analyze the existing conditions, design criteria, feasibility and cost of various approved trash capture devices, potential trash capture device locations, configuration of the trash capture devices, and to develop a preferred project alternative. Additionally, the Feasibility Report identified possible construction staging areas, discussed dewatering considerations, approximate earthwork quantities, and provided an opinion of probable construction costs. Through the Feasibility Report process, BKF, in conjunction with the County, determined potential and alternate locations and device costs for nutrient separating baffle box certified full trash capture devices in priority land use areas within Marin City. Preliminary design drawings were prepared to illustrate the preferred device types and locations. The development of the Feasibility Report was the first of three phases that the County will need to undertake in their effort to install new trash capture devices. The Feasibility Report was funded by county funds and used to solicit grant funding. Relevant Staff: Dan Villines Technical Advisor Roger Chung H&H Task Lead Client: Marin County Reference: Rob Carson Contract Manager County of Marin Department of Public Works 3501 Civic Center Drive San Rafael, CA 94903 415.473.2745 rcarson@marincounty.org Project Status: Completed 2021 Services Provided: Hydrology Studies Hydraulic Analysis Storm Drain Design Report Preparation PS&E preparation Construction Value: $5,550,000 (Est.) City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 6 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 VALLEJO FLOOD AND WASTEWATER DISTRICT’S STORMWATER AND TRASH CAPTURE PROJECT Vallejo, California The Vallejo Flood & Wastewater District and the City of Vallejo are co-permittees for Vallejo, and share responsibilities for trash load reduction under Provision C.10 of the Municipal Regional Permit (MRP). To comply with the MRP, the District was required to provide an 80% reduction to trash load. The District selected three locations for large trash capture facilities that are anticipated to meet the 80% reduction. BKF was responsible for the design of the facilities at all three locations. Tasks, funded by the District, included conducting a feasibility analysis for each project location using large trash capture technologies currently approved by the San Francisco Regional Water Quality Control Board, creating conceptual plans, and developing those plans into construction plans, specifications, and estimates. The site were: • Site 1: Solano Avenue (3,610 acres treated): StormTrap, TrashTrap Unit • Site 2: Sonoma Boulevard (475 acres treated): StormTrap, TrashTrap Unit • Site 3: B.W. Williams Drive (4,382 acres treated): StormTrap, TrashTrap Unit Relevant Staff: Dan Villines Technical Advisor Client: Vallejo Flood and Wastewater Dist. Reference: Kyke Broughton Eng. Supervisor Vallejo Flood & Watershed Dist. 450 Ryder Street Vallejo, CA 94590 kbroughton@ vallejowastewater.org Project Status: Completed 2022 Services Provided: Survey & Mapping Hydrology Studies Hydraulic Analysis Storm Drain Design PS&E Preparation Const. Support Construction Value: $2,400,000 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 7 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 LARGE TRASH CAPTURE DEVICE INSTALLATION PROJECT San Jose, California All cities within jurisdiction of the San Francisco Bay Regional Water Quality Control Board (RWQCB) need to eliminate all trash and debris discharging from their storm drain systems by 2022. The City of San Jose has developed a Long-Term Trash Load Reduction Plan that includes installing trash capture devices (or hydrodynamic separator units) immediately upstream of large capacity storm drain outfalls. The City has already equipped a total of nine locations with hydrodynamic separator units (HDS) and is planning to install devices in a minimum of 15 other locations as part of the City’s Large Trash Capture Device Installation Project. The requirement from the RWQCB was issued via Provision C.10 of the Municipal Regional Stormwater Discharge Permit in November 2015. The project was City funded and overcame several challenges including the hydraulic impacts of new devices on existing storm drain systems. Access to the new devices was accommodated through new manholes and access hatches. Right-of-way was closely considered to ensure that private property encroachments did not occur. And utilities needed to be avoided as much as practicable. BKF assisted the City of San Jose by providing engineering services for installing HDS units at three new locations as part of the project’s phase V. These locations include: ▪ Site 1: Edwards and McLellan, 610 acres, 66-in reinforced concrete pipe (RCP) ▪ Site 2: 33rd and Melody, 1,278 acres, 6-by-5-ft reinforced concrete box ▪ Site 3: Sonora & Forrestal, 1,522 acres, 66-in RCP and 78-in RCP Relevant Staff: Dan Villines Technical Advisor Client: City of San Jose Reference: Rajani Nair Project Director City of San Jose Public Works Dept. 200 E. Santa Clara St. Tower 6th Floor Rajani.nair@ sanjoseca.gov Project Status: Completed 2021 Services Provided: Survey & Mapping Hydrology Studies Hydraulic Analysis PS&E Preparation Construction Support Permit Processing Construction Value: $800,000 City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 8 Task Name Duration Start Finish 1. Collect and Review Existing Information 10 days Mon 11/2/26 Fri 11/13/26 2. Field Survey and Mapping 20 days Mon 11/2/26 Fri 11/27/26 3. Peer Review and Hydraulic Analysis 10 days Mon 11/16/26 Fri 11/27/26 4. Utility Search and Coordination 20 days Mon 11/2/26 Fri 11/27/26 5. Geotechnical Investigations and Reporting 30 days Mon 11/9/26 Fri 12/18/26 6. 60%-Level Plans, Specifications and Estimates 15 days Mon 11/30/26 Fri 12/18/26 City Review of 90% PS&E 20 days Mon 12/21/26 Fri 1/15/27 7. Utility Potholing [2 Locations]10 days Mon 1/18/27 Fri 1/29/27 8. 90%-Level Plans, Specifications and Estimates 15 days Mon 2/1/27 Fri 2/19/27 City Review of 90% PS&E 10 days Mon 2/22/27 Fri 3/5/27 9. Final Plans, Specifications and Estimates 10 days Mon 3/8/27 Fri 3/19/27 10. Meetings, Coordination, and Project Management 100 days Mon 11/2/26 Fri 3/19/27 11. Bid Support Services 30 days Mon 3/22/27 Fri 4/30/27 12. Construction Support Services 90 days Mon 5/3/27 Fri 9/3/27 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 Nov '26 Dec '26 Jan '27 Feb '27 Mar '27 Apr '27 May '27 Jun '27 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only SPMSPEDESCCM Totalhrshrshrshrshrshrs 1. Collect and Review Existing Information84122. Field Survey and Mapping21288303. Peer Review and Hydraulic Analysis28104. Utility Search and Coordination24245. Geotechnical Investigations and Reporting226. 60%-Level Plans, Specifications and Estimates [5 Sheets]2328427. Utility Potholing [2 Locations]448. 90%-Level Plans, Specifications and Estimates [5 Sheets]2164229. Final Plans, Specifications and Estimates [5 Sheets]281010. Meetings, Coordination, and Project Management323211. Bid Support Services141412. Construction Support Services242413. Reimbursable Expenses086844088 226Classification Descriptions:SPM = Senior Project Manager (BKF)SPE = Senior Project Engineer (BKF)DE = Design Engineer (BKF)SC = Survey Chief (BKF)CM = Survey ChainmanGRAND TOTAL HOURSCity of Seal Beach5th Street at Electric Avenue Stormwater Treatment ProjectESTIMATED HOURSBKF ENGINEERSTask Description8/23/2026City of Seal Beach5th Street at Electric Avenue Stormwater Treatment Project 10 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 PROJECT UNDERSTANDING BKF understands that a feasibility study was conducted by the City to determine the locations for the interception of nuisance and storm water flow for the purpose of removing conveyed trash prior to its discharge into the San Gabriel River. One of the two locations identified for interception is the northeast corner of the intersection of 5th Street and Electric Avenue. The interception site is presently serviced by a single catch basin, that has a 7-foot-wide opening. The existing catch basin is connected to a FloGard filtration system. It is important to note that the FloGard unit not only possesses trash removal features, but it also provides a higher level of flow treatment by way of its filter cartridges, which work to remove oil and grease. Picture 1 shows the FloGard catch basin. A future storm drain project is planned that will ultimately convey nuisance and storm water from approximately 37.3 acres of streets, homes, and commercial sites to the interception site. As such, the device to be used for the removal of trash will need to be sized to accommodate this future condition. The device identified in the feasibility study is the AS-9 Aqua-Swirl Hydrodynamic Trash Separator. The feasibility study provided a preliminary layout of the proposed project. The layout consisted of the replacement of the existing catch basin and FloGard filter, the use of a 48- inch reinforced concrete pipe (RCP) storm drain to convey flows from the future storm drain project, and an upsized connection for the new 48-inch RCP to the existing storm drain in Electric Avenue, which drains to the San Gabriel River. Collectively, the preliminary layout will be referred to as the Proposed Project. The Proposed Project is shown on Figure 1. PROPOSED PROJECT CHALLENGES In developing plans for the Proposed Project several challenges must be considered. These challenges must be factored into the engineering process to ensure that a constructable, effective, and cost-efficient design is implemented. The challenges are as follows: Lessening of Water Quality – The Proposed Project will remove the existing FloGard catch basin in order to affect a trash-only treatment process. As such, the oil and grease removal benefits provided by the FloGard system will be removed. Future Storm Drain Project Connection – The Proposed Project does not provide for the future connection of the 48-inch RCP. It only implies that such a connection would need to be made at the proposed replacement catch basin in order for its conveyed flow to reach the proposed Aqua-Swirl device. Utility Relocations – The Proposed Project will require the relocation of an existing waterline and potentially the relocation of an existing gas line in order to bring the proposed 48-inch RCP to the existing storm drain in Electric Avenue. Traffic Impacts – The Proposed Project will cause impacts associated with the trenching, placement, backfill, and trench repairs that will be required for the extension of the proposed 48-inch RCP from the Aqua- Picture 1: Existing FloGard Catch Basin City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 11 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 Swirl unit to the existing storm drain in Electric Avenue. ALTERNATIVE DESIGN APPROACH After considering the above-stated challenges, BKF developed an Alternative Design Approach. The Alternative Design Approach provides the following benefits: · The continued water quality benefits of the FloGard catch basin; · Provides connections for the future storm drain project to the Aqua-Swirl unit and to the existing storm drain in Electric Avenue; · Achieves the trash removal goals of the project; · Eliminates the present need for the relocation of the water and gas lines; · Provides functionality of the Aqua-Swirl unit under bother existing and future flow conditions; · Eliminates traffic disruptions in Electric Avenue required for trenching, pipe installation, and trench repair; and · Reduces project cost. The Alternative Design Approach is shown in red on the lower half of Figure 1. The alternative consists of the following components identified from upstream to downstream: · The preservation of the FloGard catch basin, and a portion of its existing 12-inch lateral pipe, and the installation of an Automatic Retractable Screen (ARS) protection at the catch basin opening; · The construction of a new junction structure for the connection of the future 48-inch storm drain and the existing 12- inch lateral pipe from the existing catch basin; · The installation of the AS-9 Aqua-Swirl unit with 48-inch connector pipes to allow for present and future storm drain flows to pass through the unit; · The construction of a concrete collar to tie the existing 12-inch lateral pipe that presently extends to the storm drain in Electric Avenue to the new 48-inch Aqua-Swirl discharge pipe segment. The future storm drain project, which will expand the watershed area tributary to this location, will simply need to tie into the new junction structure. The 48-inch RCP outlet from the Aqua-Swirl unit would then be extended to the existing storm drain in Electric Avenue as a part of the future project. During the interim, prior to the future project, the Aqua-Swirl unit will serve to provide trash removal benefits for flow that is presently tributary to this location. The Alternative Design Approach essentially provides for functionality with the existing storm drain facilities, provides added trash capture benefits under existing conditions, and achieves trash capture capacity under conditions reflective of the future storm drain project. , Picture 2: The Proposed Project will require trenching across Electric Avenue shown here at its intersection with 5th Street. City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 12 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 PROJECT APPROACH BKF will initiate the project with a kickoff meeting with City staff to review the scope of work and project schedule. The meeting will also discuss the Proposed Project and the Alternative Design Approach to determine the City’s preference between the two options. During the course of the project, BKF will track and manage the OCTA ECP grant that has been obtained by the City. Grant tracking will include monitoring of the grant’s milestones, preparing grant extension requests, and communications with grant managers at OCTA. Survey of the site will then be initiated. City and County survey controls in vicinity of the Project will be established and transferred to the Project site. BKF’s survey crew will then perform a ground survey of location and elevation of points throughout the greater project area. Other key features such as the location of existing utility features, trees, gutters, vault covers, and any existing survey markers will also be captured. All survey data will then be compiled to produce an existing conditions base map of the project site for use in preparing the project’s design. BKF’s geotechnical subconsultant, LGC Geotechnical, will perform a geotechnical site investigation. The site investigation will determine the soil characteristics of the site and will also define groundwater levels that may be present during construction activities. This information will define the suitability of the native material for use as backfill and will also inform the need for dewatering operations during construction. LGC will summarize their findings in a Geotechnical Report for the project. BKF will then proceed with a peer review of the future storm drain project information. The review will be used to confirm the 48- inch RCP size of the future storm drain. This will ensure that the Aqua-Swirl unit is adequately sized and configured for these future conditions. BKF will then proceed with the preparation of the plans, specifications, and engineer’s construction cost estimate (PS&E). BKF will prepare submittal packages consisting of plans, specifications, and estimates at 60%, 90%, and final levels of completion. The PS&E Documents will be prepared in a format that conforms to City standards. The engineer’s estimate will be prepared in parallel with the plans. Upon receipt of comments from the City, BKF will incorporate those comments into the subsequent submittal. The final PS&E package will be stamped and signed by BKF’s project manager. Upon advertising the project for public bid, BKF will assist the City during the bid process. This assistance will include preparing written responses to questions asked by the bidders, assisting the City with the preparation of addendums, and evaluating bids received for the construction of the project. BKF’s assistance will then continue throughout the duration of the project’s construction on an on-call basis. This assistance may include the review of submittals, responding to information requests, and providing engineering services in support of any newly discovered field conditions. BKF will prepare as-built plans based on the contractor’s redlines following the completion of construction. City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 14 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 SCOPE OF WORK 1. Collect and Review Existing Information This task provides for the collection and review of existing information to be provided by the City. This information may include as- built improvement plans, hydrology reports, tract maps, GIS-based topographic mapping, CCTV/video, and other relevant information. BKF will review the acquired information and will use it as applicable during the progression of the project. BKF will also perform a field review of the site. Features that could be critical to the design will be observed and noted. 2. Field Survey and Mapping BKF will perform a field survey of the existing ground and facilities located in and around the general project area. The survey will be tied to City and County benchmarks. The survey will include ground shots of the existing surfaces as well as obtain the location and configuration of the existing catch basin, curb, and gutter features. The survey will also record the location and elevation of significant planimetric features such as existing trees, irrigation features, other ground covers, utility manholes, utility boxes, etc. The data collected from the survey will be used to prepare a topographic base map of the existing ground surface of the greater project area. 3. Peer Review and Hydraulic Analysis BKF will perform a peer review of the future storm drain project information. The review will be used to confirm the 48-inch RCP size of the future storm drain. The review will include a check of the City’s Drainage Mater Plan and its associated flow rate calculations. The review will also include a hydraulic analysis of the indicated 48-inch RCP that comprises the future storm drain project. The review will ensure that the Aqua-Swirl unit is adequately sized and configured for the future project. At the conclusion of this work a Design Memorandum (DM) will be prepared for review and approval by the City. The final DM will be stamped and signed by a registered engineer licensed in the State of California. 4. Utility Search and Coordination BKF will identify public and private utilities within the Project limits. BKF will then request utility maps and send out utility verification and information requests depicting the proposed improvements. A copy of all utility notifications and requests will be provided to the City. BKF will then prepare a utility base map depicting all existing utilities found within Project limits based on all collected information. Utilities that are identified as a part of this task will be depicted in plan, profile, and detail sheets prepared during the preparation of the plans. BKF will also coordinate with utilities providers identified for relocations so that relocated utilities will not interfere with the proposed storm water treatment improvements. 5. Geotechnical Investigations and Reporting BKF’s geotechnical subconsultant, LGC, will perform a geotechnical investigation of the site including a review of readily available background materials, project coordination and scheduling for subsurface exploration. LGC will then perform a site reconnaissance to evaluate the surface conditions at the site and to locate a proposed boring for coordination with Underground Services Alert (USA). LGC will then perform a subsurface exploration consisting of drilling, logging, and sampling of small-diameter borings. The borings will be logged and sampled and will be used to evaluate the subsurface conditions. The borings will be backfilled with earthen tailings. LGC will prepare an illustrated geotechnical report for the project that will provide recommendations for construction activities. An exploration location map, borings logs, and laboratory test results will be included in the report. The report will be signed and stamped by a California-registered Geotechnical Engineer and Engineering Geologist. City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 15 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 6. 60%-Level Plans, Specifications and Estimates BKF will proceed with the preparation of the 60%-Level PS&E documents. This task will include the incorporation of any comments on the hydraulic analysis DM and the advancement of preliminary design drawings. This task includes the preparation quantity estimates of the materials and items of work identified in the 60%-level plans. The quantity estimate will be itemized along with corresponding units of measurement. BKF will then create an engineer’s opinion of probable construction cost from the quantity estimate by applying unit cost data to the estimated quantities as collected by BKF during recent construction activities or as published in current cost data manuals. This task also includes the preparation of the technical specifications formatted in accordance with the City’s latest boilerplate bid package. The technical specifications will include specifications pertaining to the material and workmanship required for the various items of work associated with the project and based upon the latest edition of the Standard Specifications for Public Works Construction (Greenbook). The technical specifications will include a bid sheet of work items that will be consistent with those depicted on the construction drawings. 7. Utility Potholing BKF anticipates that some utilities may not be adequately located based on information included on as-built plans and/or plans provided by utility companies. In the event that these utilities represent a potential design constraint to the configuration of the proposed infiltration facility, BKF will retain a qualified contractor to pothole these utilities. Potholes will be excavated to full depth to confirm that these locations are clear of utility conflicts. A total of two (2) potholes are assumed based on the preliminary design drawings provided by the City. Pothole locations will be backfilled with compacted excavated native material to the subgrade surface and then patched with concrete or cold-mix AC plugs following the completion of the work. 8. 90%-Level Plans, Specifications and Estimates This task provides for advancing the plans, specifications, and cost estimates to a 90%- level of completion. It is anticipated that five (5) sheets of plans will be required for the final plan set including a Title Sheet, a General Notes Sheet with Construction Notes, a Plan and Profile Sheet depicting the various items of construction, a Detail Sheet, and a sheet for the Aqua-Swirl unit showing its specific configuration as required for the project. The plans will be prepared on 24” x 36”, standard City Title-block. This task also includes the preparation of the final technical specifications in accordance with standard city format. And updating the Cost Estimate. The 90%-level plans will be complete with the exception of the incorporation of final City comments. 9. Final Plans, Specifications and Estimates Upon receipt of comments from the City, BKF will prepare the Final PS&E package. Final plans, specifications and estimates will be submitted to the City. All documents will be stamped and signed by a registered engineer licensed to practice in the State of California. The final submittal package will be ready for advertisement and for public bid. 10. Meetings, Coordination, and Project Management We anticipate that meetings will be conducted during all phases of the project up to the initiation of the bid. These meetings will be used to coordinate the transfer of information and data, and to report on the status of the Project to the City. It is assumed that all meetings will be virtual. Specific meetings that may occur include the following: · Kickoff Meeting · 60% Plan Review Meeting · 90% Plan Review Meeting · Issue Review Meetings as Needed City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 16 BKF ENGINEERS 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | t. 949.526.8460 BKF will also manage the project through the timely communication of any critical issues that arise during the course of the project. Such communications will include recommendations on how to address the issues of concern. During the course of the project, BKF will provide updates to the schedule should they become necessary. BKF will also track and manage the OCTA ECP grant that has been obtained by the City. Grant tracking will include monitoring of the grant’s milestones, preparing grant extension requests, and communications with grant managers at OCTA. 11. Bid Support Services This task will include the services required to assist the City during the Bid Phase. These services may include attending the pre-bid meeting, attending a job walk, responding to requests for clarifications from prospective bidders during the bid period, and/or issuing addenda to the bid package as necessary. If requested, BKF will tabulate and verify bids using a spreadsheet and analyze the bid results to recommend the acceptance or rejection of bids. BKF will also prepare a conformed set of PS&E documents that reflect plan changes that may have occurred during the bid process. The conformed PS&E package will then be issued for construction upon approval by the City. 12. Construction Support Services BKF will provide construction support services as requested by the City. These services may include, but are not limited to, review of shop drawings, and review of material submittals. This task also provides for BKF’s review and preparation of written responses to requests for information (RFI’s) that may be made by the contractor during the construction process. Additionally, based on revisions to the plans that are made and recorded by the contractor during the course of construction of the project, BKF will prepare record drawings of the in-place improvements. 13. Reimbursable Expenses This task provides for reimbursable expenses such as travel costs, plotting and printing costs, messenger service costs, and equipment costs as required to complete the Project. Picture 3: BKF prepared the PS&E documents for the project that installs an Aqua-Swirl unit at the intersection of Galleon Way and Electric Avenue, approximately 250 feet northwest of the 5th St. and Electric Ave. project. City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 17 08 / STATEMENT OF COMPLIANCE City of San Clemente Poche Beach Water Reclamation Diversion Design Project 36 CONTRACT SIGNATORIES Roger Chung Associate Vice President Peter Wijsman Executive Vice President BUSINESS INFORMATION • BKF Engineers DIR No. - 1000002096 • LGC Geotechnical DIR No. - 1000014904 • BKF Binding Signatory: Roger Chung, Associate Vice President • BKF Binding Signatory: Peter Wijsman, Executive Vice President • BKF Corporation Type: California C-Corporation City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 18 EXCEPTIONS This proposal is in strict compliance with the Request for Proposal and Draft Agreement, and no exceptions to either are proposed. 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 16 DANIEL VILLINES, PE PROJECT MANAGER Dan offers 33 years of professional civil engineering experience in the technical field of water resources. His experience includes hydraulic and structural analyses for the preparation of design plans, specifications and cost estimates for retaining walls, flood walls, dams, detention basins, water supply, wastewater, and flood control facilities. He is proficient in using advanced 1D and 2D modeling tools to simulate complex water systems with precision, enabling accurate analysis of flood risks and system performance. His ability to identify cost-effective solutions tailored to specific project needs has made him a trusted partner for many cities and flood control districts. As Project Manager, Dan will be the main point of contact between the City and BKF project team, verifying project requirements, timelines, and verifying that deliverables are met. His day-to-day activities will including working with key staff to develop a tailored approach specific to the City’s needs, monitoring schedules, and managing budget. He will be responsible for implementing overall project strategy, and confirming that the project is in fonromance with the City’s goals and objectives. SELECT PROJECT EXPERIENCE EDUCATIONB.S., Civil Engineering, California State Polytechnic University at Pomona REGISTRATIONProfessional Civil Engineer, CA No. C55210 TOTAL YEARS EXPERIENCE33 years, 5 with firm CA Department of General ServicesKern River Hatchery Siphon Improvements ProjectProject Manager City of San ClementeStormwater Master PlanH&H Engineer City of San ClementePrima Deschecha Channel Improvements ProjectProject Manager Inland Empire Utilities AgencyStormwater Capture ProjectProject Manager City of Newport BeachArches Diversion ProjectProject Manager Irvine Ranch Water DistrictLower San Diego Creek Low Flow Diversion ProjectSenior Project Engineer City of Costa MesaPlacentia Ave. Stormwater Trash Capture ProjectH&H Engineer City of Rancho Palos VerdesPortuguese Bend Landslide Remediation ProjectH&H Engineer Catalina Island Company4th of July Cove Flood Control Improvements ProjectProject Manager City of ColtonMeridian Storm Drainage ProjectProject Manager City of ColtonStormwater Capture Feasibility StudyProject Manager City of Rancho Palos VerdesPeacock Ridge Road Drainage Improvements ProjectProject Manager City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 19 ROGER CHUNG, PE, CFM, QSD/P, ENV SP PROJECT ENGINEER / HYDROLOGY & HYDRAULICS LEAD Roger has 25 years of civil engineering experience with expertise in hydrology, hydraulic and structural analysis for the preparation of drainage studies, drainage master plans and the preparation of design plans, specifications, and cost estimates for water supply and flood control facilities. He has been involved in the hydraulic analysis and design of numerous water recharge and flood control projects in San Bernardino, Riverside, Orange, Los Angeles, San Diego, Kern and Ventura Counties. As Project Engineer, Roger will be responsible for overseeing project design and verifying it meets City standards expectations. Additionally, he will be responible for hydrologic & hydraulic analysis and design. SELECT PROJECT EXPERIENCE EDUCATIONB.S., Environmental Engineering, University of California at Irvine B.S., Civil Engineering, University of California at Irvine REGISTRATIONProfessional Civil Engineer, CA No. 65388 Qualified Stormwater Pollution Prevention Plan Developer (QSD) No. 20600 Qualified Stormwater Pollution Prevention Plan Practitioner (QSP) No. 20600 Certified Floodplain Manager No. US-19-11182, Association of State Floodplain Managers Envision Sustainability Professional (ENV SP) No. 43157 TOTAL YEARS EXPERIENCE25 years, 3 with firm City of San ClementePrima Deschecha Channel Improvements ProjectProject Engineer City of San ClementeVia Montego/Via Cascadita Storm Drain SystemProject Engineer Inland Empire Utilities AgencyStormwater Capture ProjectProject Engineer City of Newport BeachArches Diversion ProjectProject Engineer City of ColtonStormwater Capture FeasibilityProject Engineer City of San ClementeStormwater Master PlanProject Manager City of Newport BeachStorm Drain Master PlanProject Manager City of LancasterDrainage Master Plan UpdateProject Manager City of PomonaStormwater Master PlanProject Manager City of Rancho Palos VerdesPortuguese Bend Landslide Remediation ProjectProject Manager City of Rancho Palos VerdesPeacock Ridge Road Drainage Improvements ProjectProject Manager County of San BernardinoCarbon Canyon Channel Improvements ProjectProject Manager County of San BernardinoHawker Crawford Channel Realignment ProjectProject Manager PRINCIPAL-IN-CHARGE City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project SRAVAN PALADUGU, PE, CFM, QSD/P QA/QC Sravan is an experienced water resources engineer with expertise in all project phases, including planning, design, and construction. He has worked on numerous large capital improvement projects, overseeing them from inception to completion. Additionally, Sravan has authored technical studies and is responsible for preparing plans, specifications, and estimates for various lift/ pump station projects and water, sewer, and storm pipeline projects. He has successfully completed multiple Capital Improvement Projects, with construction budgets ranging from $300K to $22M. He has a comprehensive understanding of project elements, including site and utility constraints, environmental impacts, traffic control, easements, constructibility analyses, and public outreach. He also has hands-on experience in overseeing construction aspects. As QA/QC Manager, Sravan will verify that all deliverables are accurate, reliable, and meet City’s expectations. He will provide rigorous QA/QC to validate data inputs, modeling assumptions, and analytical methodologies to confirm that they align with current standard practices. He will also review deliverables, such as technical reports, maps, and recommendations, to eliminate errors, enhance clarity, and meet project goals. SELECT PROJECT EXPERIENCE EDUCATIONM.S., Civil Engineering, University of Utah, Salt Lake City B.S., Civil Engineering, Osmania University, India REGISTRATIONProfessional Civil Engineer, CA No. 74343 Qualified SWPPP Developer and Practitioner, No. 00993 Certified Floodplain Manager (CFM) TOTAL YEARS EXPERIENCE20 years, 12 with firm City of Daly CityStorm Drain Master PlanQA/QC Town of Hillsborough30-Year Stormwater Master PlanProject Manager San Mateo County Flood & Sea Level Rise Resiliency DistrictBayfront Canal & Atherton Channel Flood MitigationProject Manager City of BelmontStormwater Master PlanEngineering Manager Town of AthertonDrainage Design Criteria UpdateQA/QC Central Valley Flood Protection BoardCentral Valley Floodplain Evaluation & Delineation ProgramQA/QC City of Redwood CityRedwood Shores Levee Improvements & FEMA AccreditationQA/QC County of MarinMarin City Pond Flood ReductionQA/QC City of LathropEast Lathrop Water Main Lateral Upgrades ProjectProject Manager City of OaklandOakland Nexus StudyTechnical Manager Town of MoragaLaguna Creek Restoration - Preliminary Engineering & Environmental PlanningProject Manager 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 18City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 22City of San Clemente Poche Beach Water Reclamation Diversion Design Project 22 DAVIS THRESH, PLS SURVEY Davis has provided field surveying services, overseen topographic and control surveys, construction staking, and right-of-way mapping for numerous municipal projects in both rural and urban locations. His 36 years of experience in right of way engineering and surveying will prove invaluable to the project’s success. Davis has been the lead surveyor in numerous projects involving cities, counties, Caltrans, and local municipalities, which required right-of-way requiring surveys, right of way engineering and mapping, and right of way acquisition document preparation. His responsibilities involve project management of all survey projects including scheduling, budget tracking, dispatching, supervision of crews, and coordination of the office and field surveyors. SELECT PROJECT EXPERIENCE EDUCATIONA.A., Surveying, Diablo Valley College, CA REGISTRATIONProfessional Land Surveyor Engineer, CA No. 44010 TOTAL YEARS EXPERIENCE36 years, 36 with firm California State University at Long Beach (CSULB)FCS Storm Drain RenovationsSurvey Principal City of MilpitasAbbott Avenue Storm Drain Improvements ProjectSurvey Manager City of FremontAgua Fria Creek Storm RepairSurvey Principal SLAC National Accelerator LaboratoryStanford/SLAC Drainage System Improvements ProjectSurvey Lead SLAC National Accelerator LaboratorySLAC Storm Drain Repairs Sector 18, B666, & B005Survey Principal Long Beach Utilities DepartmentConveyance System ImprovementsSurvey Lead City of Santa CruzEast Cliff Levee SurveySurvey Lead City of Redwood CityEmerald Hill Road Slope SurveySurvey Lead West Valley ConstructionMiguelito Pump Station Improvements ProjectSurvey Lead West Valley ConstructionSJW Williams Pump Station Improvements ProjectSurvey Lead West Valley ConstructionMcLaughlin Avenue Pump Station Improvements ProjectSurvey Lead San Jose Water CompanyOswald Pipeline ReplacementSurvey Lead City of Redwood CityRedwood Shores Levee Assessment & Improvements ProjectSurvey Lead County of AlamedaAlameda County Flood District Zone 6 Line E Improvements ProjectSurvey Lead Santa Clara Valley Transpo. AuthorityBART Extension: Milpitas to San Jose - Flood Risk AssessmentSurvey Lead City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 23City of San Clemente Poche Beach Water Reclamation Diversion Design Project 23 ROBIN HAYES, PE PS&E Robin Hayes has over 16 years of civil engineering experience in the field of water resources. Her technical experience includes hydrology and hydraulic analysis for the preparation of drainage studies and the preparation of design plans, specifications, and cost estimates for detention basins, channels, catch basins, storm drains and support facilities. She has considerable experience with the modeling of existing and engineered flows using computer based design programs such as CivilD, AES, HEC-RAS, HEC-HMS, WSPG, and FlowMaster. Robin has been involved in the hydraulic analysis and design of several water resource and flood control projects in San Bernardino, Riverside, Orange and Los Angeles Counties. SELECT PROJECT EXPERIENCE EDUCATIONB.S., Civil Engineering, University of California at Irvine REGISTRATIONProfessional Civil Engineer, CA No. 72337 TOTAL YEARS EXPERIENCE16 years, 4 with firm CA Department of General ServicesKern River Hatchery Siphon Improvements ProjectProject Engineer City of ColtonMeridian Storm Drainage ProjectProject Engineer City of IrvineHicks Canyon Wash H&H Study Project Engineer City of IrvineHicks Canyon Channel Restoration Project Engineer City of Newport BeachGalaxy Drive Storm Drain RepairProject Engineer City of LancasterJ-1 Channel ImprovementsProject Engineer City of ChinoBenson Avenue Storm Drain ExtensionProject Engineer City of TorranceDel Amo Storm Drain ChannelProject Engineer Gerson Bakar & AssociatesPark Newport Apartments Storm Drain RehabilitationProject Engineer Los Alisos Ranch Company, LLCSublett I-405 Drainage EvaluationProject Engineer Monarch Bay AssociationMBA Hydrology StudyProject Engineer CGV Coto, LLCLegacy at Coto CLOMR & Peer ReviewProject Engineer MPV Investment Group1648 - 1652 Storm Drain RealignmentProject Engineer Jedson Engineering, Inc.Highlander Solar Farm Rainfall Runoff Drainage StudyProject Engineer City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project 04 / PROJECT ORGANIZATION & STAFFING City of San Clemente Poche Beach Water Reclamation Diversion Design Project 28City of San Clemente Poche Beach Water Reclamation Diversion Design Project 28City of San Clemente Poche Beach Water Reclamation Diversion Design Project 28 DENNIS BORATYNEC, GE, PE GEOTECHNICAL Dennis has over 25 years of geotechnical consulting experience and has been involved in numerous project types in Southern California including residential, commercial, retail, transportation, and public works. Dennis’s expertise includes: evaluation of slope stability, foundation capacity, liquefaction, ground settlement and providing cost-effective ground improvement alternatives. He has led several complex projects including the mitigation of severe soil liquefaction potential through the use of stone columns and design of wick drain layouts to accelerate required alluvial soil settlement prior to development. Dennis has extensive experience in hillside grading, flat land grading, distress evaluations, and reviews. SELECT PROJECT EXPERIENCE EDUCATIONM.S., Geoenvironmental Engineering, University of Alberta B.S., Civil Engineering, University of Alberta REGISTRATIONProfessional Geotechnical Engineer, CA No. 2770 Professional Civil Engineer, CA No. 60716 TOTAL YEARS EXPERIENCE28 years, 14 with LGC City of San ClementeReservoir No. 4 ImprovementsGeotechnical Lead City of San ClementeTreatment Plant Building N Improvements ProjectGeotechnical Lead City of San ClementeAvenida Columbo Sewer Lift Station Protection ProjectGeotechnical Lead City of San ClementeFuel Island Cover & Treatment PlantGeotechnical Lead City of San ClementeAvenida San Pablo Pressure Reducing Station ProjectGeotechnical Lead City of San ClementeCamino Vera Cruz and Avenida Vista Hermosa Water Line ReplacementGeotechnical Lead City of San ClementeDel Cabo Street Water Line Replacement ProjectGeotechnical Lead City of San ClementeVia Bellota Sewer UpgradeGeotechnical Lead City of San ClementeCalle Amable Storm Drain RepairGeotechnical Lead City of Seal Beach 5th Street at Electric Avenue Stormwater Treatment Project CONTACT CHRIS RIDEOUT 949.526.8462 CRIDEOUT@BKF.COM CONTACT DAN VILLINES 949.322.8195 dvillines@bkf.com City of Seal Beach Master Approved: 4/24/26 3224469v1 EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant 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. Consultant shall, as a penalty to City, forfeit $200.00 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 Consultant or by any subcontractor. City of Seal Beach Master Approved: 4/24/26 3224469v1 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant 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 City of the location of the records. 8. Consultant 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. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform work with any subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 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 Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby 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.” City of Seal Beach Master Approved: 4/24/26 3224469v1 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents, servants, those City agents serving as independent contractors in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees, agents and servants) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. Agenda Item F AGENDA STAFF REPORT DATE:September 28, 2026 TO:Honorable Mayor and City Council THRU:Patrick Gallegos, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Approving and Awarding Agreement for Professional Services Agreement to Local Agency Engineering Associates, Inc. for Interagency Support Services ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7822: 1. Approving and awarding a Professional Services Agreement to Local Agency Engineering Associates, Inc. (LAE Associates, Inc.) for Interagency Support Services pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) Section 3.20.025(C) for professional services, for a one-year term in the not-to- exceed amount of $30,000 pursuant to the Proposal submitted by LAE Associates, Inc. dated August 6, 2026; and, 2. Authorizing the City Manager, or his designee, to extend the original term by up to three one-year extensions for the not-to-exceed amount of $30,000 for each extension; and, 3. Authorizing the City Manager, or his designee, to execute the Agreement with LAE Associates, Inc. on behalf of the City and any amendments or extensions thereafter; and, 4. Authorizing the City Manager, or his designee, to approve additional work requests for interagency support services up to $10,000 up to the cumulative not-to-exceed amount of $40,000 for original term and each of the three one-year extensions thereafter. BACKGROUND AND ANALYSIS: All cities must navigate interagency coordination and regulatory compliance, and regardless of a city’s size or the amount of funding available, the responsibility to Page 2 2 3 6 6 meet these requirements remains the same. Additionally, the City actively pursues state and federal funding to support various street projects, which require specialized expertise and a significant investment of staff time that internal resources may not be able to accommodate. As such, the City has been supported by LAE Associates, Inc. in coordinating with agencies such as Caltrans and the California Transportation Commission. In recent years, LAE Associates, Inc. has assisted the City with several grant-funded projects and compliance efforts, including the biannual update of the City’s Caltrans Quality Assurance Plan (QAP), program coordination for the Lampson Avenue Bike Trail project, development of the Caltrans Title VI Plan, and coordination of the Seal Beach Boulevard Surface Transportation Block Grant (STBG) grant application. Seal Beach Municipal Code Section 3.20.025(C) provides an exemption from competitive bidding for purchases of professional services, including, but not limited to, architectural services, bond services, election services, engineering services, insurance services, legal services, public relations services, real estate services, and solid waste disposal services. Pursuant to this provision, the City solicited a proposal from LAE Associates, Inc. and is requesting authorization to enter into a one-year agreement in an amount not to exceed $30,000. Although LAE Associates, Inc.’s proposed agreement for Fiscal Year 2026-27 is below the current competitive bidding threshold of $42,982, staff has been advised that, due to the nature of LAE Associates, Inc.’s work and the potential for grant- related support services to extend across multiple years, the cumulative contract amount for the same scope of services with the same consultant requires City Council approval. Accordingly, staff is requesting authorization for a one-year agreement with LAE Associates, Inc. in an amount not to exceed $30,000, with the option to extend the agreement for up to three additional one-year terms, with each extension also not to exceed $30,000. Because the timing of grant-related and interagency support services may not always align with the City’s annual Fiscal Year budgeting cycle, staff is also requesting authorization to approve additional work requests, as needed, in an amount not to exceed $10,000 per contract term. The additional work requests would be subject to the same cumulative not-to-exceed amount of $40,000 for the initial one-year term and each of the three potential one-year extensions. ENVIRONMENTAL IMPACT: This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 Class 1, Subsection (b) of the CEQA Guidelines because it can be seen with certainty that approval of the LAE Associates, Inc. Professional Services Agreement will not have a significant effect on the environment. Page 3 2 3 6 6 LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution and agreement as to form. FINANCIAL IMPACT: Sufficient funding for this agreement has been allocated in the approved Fiscal Year 2026-27 budget across multiple Maintenance Contract Professional accounts. Funding will be drawn from the appropriate account based on the grant type or specific support services provided. RECOMMENDATION: That the City Council adopt Resolution 7822: 1. Approving and awarding a Professional Services Agreement to Local Agency Engineering Associates, Inc. (LAE Associates, Inc.) for Interagency Support Services pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) for Section 3.20.025(C) for professional services, for a one-year term in the not-to- exceed amount of $30,000 pursuant to the Proposal submitted by LAE Associates, Inc. dated August 6, 2026; and, 2. Authorizing the City Manager, or his designee, to extend the original term by up to three one-year extensions for the not-to-exceed amount of $30,000 for each extension; and, 3. Authorizing the City Manager, or his designee, to execute the Agreement with LAE Associates, Inc. on behalf of the City and any amendments or extensions thereafter; and, 4. Authorizing the City Manager, or his designee, to approve additional work requests for interagency support services up to $10,000 up to the cumulative not-to-exceed amount of $40,000 for original term and each of the three one-year extensions thereafter. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Patrick Gallegos Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works / City Engineer Page 4 2 3 6 6 ATTACHMENTS: A. Resolution 7822 B. Professional Services Agreement with LAE Associates, Inc. RESOLUTION 7822 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH LOCAL AGENCY ENGINEERING ASSOCIATES, INC. TO PROVIDE INTERAGENCY SUPPORT SERVICES WHEREAS, the City desires to retain Local Agency Engineering Associates, Inc. (LAE Associates, Inc.) to provide interagency support services; and, WHEREAS, Seal Beach Municipal Code 3.20.025(C) provides for an exemption from competitive bidding for purchases of professional services, including but not limited to, purchases of: architectural services; bond services; election services; engineering services; insurance services; legal services; public relations services; real estate services; and solid waste disposal services; and, WHEREAS, on July 31, 2026, City solicited a proposal from LAE Associates, Inc. and received a response on August 6, 2026; and WHEREAS, the City has determined that LAE Associates, Inc. is qualified to provide Interagency Support Services. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: Section 1. The City Council finds that all recitals set forth above are true and correct, and incorporates them herein by this reference. Section 2. Approves and awards a Professional Services Agreement to LAE Associates, Inc. for interagency support services pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) Section 3.20.025(C), for a one-year term in the not-to-exceed amount of $30,000 pursuant to the Proposal submitted by LAE Associates, Inc. dated August 6, 2026. Section 3. Authorizes the City Manager, or his designee, to extend the original term by up to three (3) one-year extensions for the not- to-exceed amount of $30,000 for each extension. Section 4. Authorizes the City Manager, or his designee, to execute the Agreement with LAE Associates, Inc. on behalf of the City and any amendments or extensions thereafter. Section 5. Authorizes the City Manager, or his designee, to approve additional work requests for interagency support services up to $10,000, up to the cumulative not-to-exceed amount of $40,000 for each term. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of September 2026 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7822 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September 2026. Gloria D. Harper, City Clerk Agenda Item G AGENDA STAFF REPORT DATE: September 28, 2026 TO: Honorable Mayor and City Council THRU: Patrick Gallegos, City Manager FROM: Michael Henderson, Chief of Police SUBJECT: Ratification of Proclamation of Local Emergency for Developing 2026-2027 El Niño Event ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7823: 1. Ratifying the Proclamation of Existence of a Local Emergency issued by the City Manager/Director of Emergency Services on September 22, 2026, relating to the developing 2026-2027 El Niño event; and, 2. Confirming that the local emergency applies throughout the City of Seal Beach; and, 3. Authorizing the City Manager/Director of Emergency Services to take actions reasonably necessary to prepare for, respond to, and recover from the emergency, including resource staging, interagency coordination, mutual aid, and emergency procurement and contracting as authorized by law; and, 4. Directing staff to document emergency-related costs and damages, pursue available reimbursement or assistance as appropriate, and return to the City Council at least every 60 days for review of the need to continue the local emergency. BACKGROUND AND ANALYSIS: On September 21, 2026, Governor Gavin Newsom proclaimed a statewide State of Emergency due to the developing 2026-2027 El Niño event. The Governor’s proclamation cites the National Weather Service Climate Prediction Center’s August 13, 2026, diagnostic report, which found a greater than 90 percent chance of a very strong El Niño during fall and winter 2026 -2027 and a 69 percent chance that the event would reach historic strength during October through December 2026. The proclamation identifies severe storms, flooding, coastal flooding, Page 2 erosion, mud and debris flows, and related impacts as hazards warranting advance preparedness. The Governor’s proclamation directs state agencies to coordinate advance planning, stage flood-fighting supplies and other resources, support local governments, and expedite applicable permitting and technical assistance. It also directs the California Coastal Commission to expedite review and action on proposed development and emergency permit requests related to El Niño preparation. On September 17, 2026, Orange County proclaimed a local emergency following coastal impacts from Hurricane Marie and in anticipation of additional El Niño - related weather. The County proclamation notes prior local emergency declarations by Dana Point, Laguna Beach, and San Clemente after significant coastal flooding, erosion, sand movement, infrastructure damage, and related impacts along the Orange County coastline. Seal Beach has also experienced significant loss and movement of beach sand during recent high-surf and coastal conditions. City staff is documenting the extent of the local sand loss and related response and protective -measure costs, but a final volume and replacement or restoration cost has not yet been established. The developing El Niño event may increase the risk of additional severe storms, heavy rain, strong winds, flooding, coastal flooding, high surf, erosion, transportation disruption, infrastructure impacts, and other emergency conditions throughout the City. On September 22, 2026, while the City Council was not in session, City Manager Patrick Gallegos, acting as the City’s Director of Emergency Services, issued a Proclamation of Existence of a Local Emergency relating to the developing 2026 - 2027 El Niño event. Seal Beach Municipal Code Section 3.25.020 authorizes the Director of Emergency Services to proclaim a local emergency when the City Council is not in session but provides that the proclamation becomes null and void seven days after issuance unless ratified by the City Council. California Government Code Section 8630 similarly requires ratification within seven days and requires the governing body to review the need for the continuing local emergency at least once every 60 days. Ratification will preserve the City’s ability to use emergency authorities available under state and local law, coordinate and stage resources, request mutual aid when necessary, use emergency purchasing and contracting procedures when otherwise authorized, maintain detailed cost and damage records, and pursue eligible reimbursement or assistance if available. The proposed action does not itself request a County, State, or federal emergency declaration, and it does not guarantee reimbursement. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Page 3 LEGAL ANALYSIS: California Government Code Section 8630(b) requires the governing body to ratify a local emergency proclaimed by a designated official within seven days for the emergency to remain in effect. Section 8630(c) requires the governing body to review the need for continuing the local emergency at least once every 60 days until the emergency is terminated. Seal Beach Municipal Code Section 3.25.020(A)(2) authorizes the Director of Emergency Services to proclaim a local emergency when the City Council is not in session and likewise requires City Council ratification within seven days. The attached resolution was reviewed and approved as to form by the City Attorney prior to Council consideration. FINANCIAL IMPACT: The fiscal impact is currently undetermined. The City has incurred response and protective-measure costs and may incur additional costs associated with preparedness, response, emergency protective work, coastal erosion mitigation, sand restoration or replacement, infrastructure protection, and recove ry activities. Staff will continue to document emergency-related costs and damages and pursue reimbursement or other assistance as available. Eligibility for, and the amount of, any reimbursement or assistance cannot be determined at this time. RECOMMENDATION: That the City Council adopt Resolution 7823: 1. Ratifying the Proclamation of Existence of a Local Emergency issued by the City Manager/Director of Emergency Services on September 22, 2026, relating to the developing 2026-2027 El Niño event; and, 2. Confirming that the local emergency applies throughout the City of Seal Beach; and, 3. Authorizing the City Manager/Director of Emergency Services to take actions reasonably necessary to prepare for, respond to, and recover from the emergency, including resource staging, interagency coordination, mutual aid, and emergency procurement and contracting as authorized by law; and, 4. Directing staff to document emergency-related costs and damages, pursue available reimbursement or assistance as appropriate, and return to the City Council at least every 60 days for review of the need t o continue the local emergency. Page 4 SUBMITTED BY: NOTED AND APPROVED: Michael Henderson Patrick Gallegos Michael Henderson, Chief of Police Patrick Gallegos, City Manager Prepared by: Brian Gray, Police Sergeant, Emergency Services Coordinator ATTACHMENTS: A. Resolution 7823 B. Proclamation of Existence of a Local Emergency dated September 22, 2026 C. State of California Proclamation of a State of Emergency dated September 21, 2026 D. County of Orange Proclamation of a Local Emergency dated September 17, 2026 RESOLUTION 7823 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RATIFYING THE SEPTEMBER 22, 2026, PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE DEVELOPING 2026-2027 EL NIÑO EVENT WHEREAS, California Government Code Section 8558 defines a local emergency to include duly proclaimed conditions of disaster or extreme peril to the safety of persons and property within a city caused by conditions such as flood or storm that are or are likely to be beyond the control of that city and require the combined forces of other political subdivisions to combat; and, WHEREAS, on September 21, 2026, the Governor of the State of California proclaimed a statewide State of Emergency due to the developing 2026-2027 El Niño event, citing a greater than 90 percent chance of a very strong El Niño during fall and winter 2026-2027 and identifying severe storms, flooding, coastal flooding, erosion, mud and debris flows, and related impacts as hazards warranting advance preparedness; and, WHEREAS, on September 17, 2026, the County of Orange proclaimed a local emergency in its coastal areas following impacts from Hurricane Marie and in anticipation of additional El Niño-related weather, and Seal Beach has experienced significant loss and movement of beach sand during recent high-surf and coastal conditions; and, WHEREAS, the developing El Niño event creates an increased risk of severe storms, heavy rain, strong winds, flooding, coastal flooding, high surf, erosion, transportation disruption, damage to public and private property and infrastructure, and interruption of essential services throughout the City; and, WHEREAS, Seal Beach Municipal Code Section 3.25.020(A)(2) authorizes the Director of Emergency Services to proclaim a local emergency when the City Council is not in session, and on September 22, 2026, City Manager Patrick Gallegos, acting as Director of Emergency Services, issued a Proclamation of Existence of a Local Emergency throughout the City relating to the developing 2026-2027 El Niño event; and, WHEREAS, California Government Code Section 8630 requires a local emergency proclaimed by a designated official to be ratified by the governing body within seven days and requires the governing body to review the need for continuing the local emergency at least once every 60 days until termination. NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: 1 1 5 0 6 Section 1. The City Council finds that all recitals set forth above are true and correct, and incorporates them herein by this reference. Section 2. The City Council hereby ratifies the Proclamation of Existence of a Local Emergency issued by the City Manager/Director of Emergency Services on September 22, 2026, and confirms that the local emergency exists throughout the City of Seal Beach relating to the developing 2026-2027 El Niño event and associated threatened severe storms, flooding, coastal flooding, erosion, and related impacts. Section 3. The powers, authorities, and mechanisms available to the City under the California Emergency Services Act, Seal Beach Municipal Code Chapter 3.25, the City’s emergency plans, and other applicable law are hereby invoked to the extent necessary to address the local emergency. Section 4. The City Manager/Director of Emergency Services is authorized and directed to take actions reasonably necessary to prepare for, respond to, and recover from the local emergency, including resource staging, protection of City facilities and infrastructure, interagency coordination, mutual aid coordination, and emergency procurement and contracting to the extent authorized by applicable law and City procedures. Section 5. All City departments are directed to document emergency-related costs, damages, protective measures, staff time, contracts, equipment use, and other eligible expenses, and the City Manager or designee is authorized to pursue available County, State, or federal reimbursement, assistance, permits, technical support, or other resources as appropriate. Nothing in this Resolution constitutes a specific request for an additional County, State, or federal emergency declaration. Section 6. Consistent with Government Code Section 8630(c), the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency at the earliest possible date that conditions warrant. Section 7. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of September 2026 by the following vote: 1 1 5 0 6 AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Lisa Landau, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7823 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September 2026. Gloria D. Harper, City Clerk E X E C U T I V E D E P A R T M E N T STATE OF CALIFORNIA PROCLAMATION OF A STATE OF EMERGENCY WHEREAS in the past several years, California has experienced increasingly severe and destructive storms, including atmospheric river events that have caused widespread flooding, mud and debris flows, landslides, high winds, power outages, road and highway closures, evacuation orders, damage to homes and critical infrastructure, and disruption of essential services; and WHEREAS climate change is intensifying these weather and hydrologic extremes in California, contributing to increasingly severe swings between drought and flooding, and heightening the risks that extreme storms pose to communities, infrastructure, natural resources, and the economy; and WHEREAS California is entering the 2026–2027 wet season amid the ongoing development of a strong and likely historic El Niño event in the Pacific Ocean; and WHEREAS the National Oceanic and Atmospheric Administration’s National Weather Service Climate Prediction Center, in its August 13, 2026, diagnostic report, found that the El Niño event is strengthening, with a greater than 90 percent chance of a very strong event during Northern Hemisphere fall and winter of 2026–2027; and WHEREAS the Climate Prediction Center projected a 69 percent chance that the event will reach historic strength during the October through December 2026 season, defined as a three-month Relative Oceanic Niño Index, and exceeding the strength of all prior El Niño events in the historical record beginning in 1950; and WHEREAS the National Weather Service Climate Prediction Center has found that atmospheric conditions over the tropical Pacific are consistent with a strengthening El Niño, including changes in equatorial winds and an eastward shift in enhanced convection and rainfall toward the central and eastern Pacific, making it more likely that at least some parts of California will experience stronger storms in coming months; and WHEREAS elevated baseline coastal water levels, combined with high tides, large waves, high surf, and coastal storms, can increase risks of coastal flooding, beach erosion, bluff erosion, transportation disruption, and damage to public and private infrastructure; and WHEREAS California has already begun to experience effects attributed to this El Niño event, including unusual precipitation and significant coastal flooding; and WHEREAS historical experience demonstrates that very strong El Niño events do not produce uniform statewide outcomes, but can be associated with exceptionally wet and destructive winter conditions in California; and WHEREAS California’s recent experience with atmospheric rivers, debris flows following wildfires, flash flooding, coastal erosion, inundation, and damage to transportation and flood-control infrastructure demonstrates the importance of procuring and positioning resources, clearing waterways, and taking additional actions to prepare before severe storms arrive; and WHEREAS areas affected by recent wildfires are particularly susceptible to flash flooding, mud and debris flows, erosion, sediment transport, and road closures during high-intensity rainfall; and WHEREAS in light of that experience, local governments, local water agencies, and local flood control authorities have requested action now to enable them to move quickly to begin preparations for preventing and responding to the impacts of potential flooding; and WHEREAS low-income communities, farmworker families, rural residents, seniors, persons with disabilities, residents with limited transportation access, people experiencing homelessness, and communities in flood-prone, coastal, or post-fire areas may face disproportionate risks; and WHEREAS the demonstrated potential for a very strong or historic-strength El Niño event to cause elevated coastal water levels and high-impact storms in California warrants early, coordinated, and targeted preparedness actions to protect Californians, critical infrastructure, agricultural lands, natural resources, and the State’s economy; and WHEREAS under the provisions of Government Code section 8558(b), I find that conditions of extreme peril to the safety of persons and property exist due to the developing El Niño event; and WHEREAS under the provisions of Government Code section 8558(b), I find that the developing El Niño event is likely to cause conditions that, by reason of their magnitude, are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the magnitude of the extreme peril posed by the developing El Niño event; and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the developing El Niño event. NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist statewide due to the developing 2026–2027 El Niño event. IT IS HEREBY ORDERED THAT: 1. All agencies of the state government are to utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Governor’s Office of Emergency Services and the State Emergency Plan. The Governor’s Office of Emergency Services shall coordinate statewide preparedness activities for potential severe weather, flooding, coastal flooding, erosion, mud and debris flows, and related impacts associated with conditions resulting from the El Niño event, including atmospheric rivers and other severe storm systems. The Governor’s Office of Emergency Services shall work with local and tribal governments to support emergency planning, resource coordination, and requests for state assistance. To protect their safety, all residents are to obey the direction of emergency officials with regard to this emergency. 2. As necessary to assist local governments and for the protection of public safety and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of this emergency. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of this emergency. 3. The California Environmental Protection Agency and the California Natural Resources Agency, including boards, departments, and offices within those agencies, are directed to prioritize work to help local agencies prepare for anticipated impacts from the El Niño event. In particular, those state agencies are directed to prioritize permitting, consultation, and technical assistance to support local efforts to prevent or mitigate impacts from anticipated or potential flooding, landslides, and mud and debris flows, including local efforts to expedite levee and other flood management infrastructure repairs, vegetation management, debris removal, sediment management, bridge scour protection, and channel-capacity improvements. State agencies are directed to work with local agencies to issue any necessary permits or other approvals for such efforts as quickly as possible, including by identifying and invoking existing emergency authorities or other pathways for streamlined review. On or before October 16, 2026, the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency shall submit a joint recommendation to my office as to whether further action or emergency suspensions are necessary to support and expedite this work. 4. The Governor’s Office of Emergency Services shall coordinate the State’s preparation for and response to the developing El Niño event, including by working with the Department of Water Resources and other appropriate government agencies to prepare to pre-position personnel, equipment, supplies, commodities, and other resources based on forecast conditions, local needs, and identified risks. In particular, this work shall draw on the Department of Water Resources’ guidance regarding flood- risk-reduction activities. 5. The Department of Water Resources shall take appropriate action to procure, maintain, stage, pre-position, distribute, and replenish flood-fight supplies, equipment (including, but not limited to, sandbags, riprap and other rock materials, plastic sheeting, and pumps), and other materials necessary to support statewide flood preparedness, response, and protective actions in connection with the El Niño event. The Department of Water Resources shall coordinate with appropriate government agencies to identify priority areas for flood-fight material staging and plans to make these materials available where they are needed, when they are needed. 6. The Department of Water Resources, through its Division of Safety of Dams, shall conduct outreach to owners of jurisdictional dams regarding potential severe conditions during the El Niño event and shall reiterate to dam owners their responsibilities to inspect, operate, maintain, repair, and safely manage their dams and appurtenant structures in accordance with applicable law, permit conditions, emergency action plans, and directives of the Division of Safety of Dams. 7. The Governor’s Office of Emergency Services, in coordination with the Department of Water Resources, shall conduct outreach to counties, cities, and relevant local agencies that are responsible for levees, flood- control facilities, and associated structures that may be vulnerable to impacts of the El Niño event to take appropriate actions to procure, maintain, stage, pre-position, distribute, and replenish flood-fight supplies, commodities, equipment, and materials necessary to support flood preparedness, response, and protective actions. 8. The Department of Water Resources, in coordination with the State Water Resources Control Board, shall conduct outreach and education to advance groundwater recharge projects and to use flood flows to recharge groundwater aquifers under existing law with the goal of reducing flood impacts and strengthening local water supplies. 9. Consistent with Paragraph 3 of this Proclamation, the Coastal Commission is directed to expedite review and action on proposed development by coastal communities to prepare for the impacts of this El Niño event. Coastal communities are encouraged to submit permit applications, as appropriate, to facilitate timely Coastal Commission review, technical assistance, and other support for El Niño preparations. After an application is received, the Commission shall respond with notification of any incomplete items within five days. After an application is complete, it shall be scheduled for hearing at the next Commission meeting. For emergency permit requests, the Commission shall accept both written and oral requests to its district offices. When necessary to address an urgent need related to this emergency, the Commission shall take action on emergency permit requests as quickly as possible and within twenty- four hours of receipt. 10. The California Department of Transportation and California State Transportation Agency shall identify those state highways, bridges, culverts, drainage facilities, slopes, and other transportation infrastructure most at risk of flooding, erosion, debris flows, rockslides, mudslides, or other significant impacts from severe storms caused by the El Niño event, and transmit to the Governor’s Office of Emergency Services a prioritized list of projects to address such risks within 30 days of this Proclamation. 11. The California Department of Transportation shall develop plans to pre- position personnel and materials (including directional signage, traffic- control devices, road-closure devices, warning signs, delineators, emergency communications equipment, and other resources) at or near locations that may be identified as at risk of severe impacts from the El Niño event. This shall include plans to prepare and pre-position snow- removal, snow-control, and ice-control equipment as appropriate, including snowplows, snow blowers, graders, loaders, chain-control equipment, salt, sand, and other materials necessary to maintain safe travel and restore access on state highways during the El Niño event. 12. The Adjutant General and the California Military Department shall, in coordination with the Director of the Governor’s Office of Emergency Services, identify California National Guard personnel, equipment, and capabilities that may be available to support state and local emergency operations, if activated or tasked, in relation to this El Niño event. Such planning shall include readiness for high-water vehicle operations; aviation operations, including reconnaissance, search and rescue, transport, and heavy-lift support, as appropriate; engineering support; emergency communications; transportation and logistics; evacuation support; flood-fight activities; debris removal and route clearance; commodity distribution; shelter support; and other life-safety and emergency-support missions. 13. California Volunteers, in coordination with the Governor’s Office of Emergency Services and other appropriate agencies, shall prepare to mobilize volunteers and trained service members, consistent with their training, mission, safety requirements, and applicable law, to support state and local preparedness, response, and recovery activities in connection with the El Niño event. 14. The California Conservation Corps shall prepare to deploy Corpsmembers, consistent with its statutory mission, training, available resources, safety requirements, and applicable law, to support severe weather preparedness and response activities in connection with the El Niño event. 15. The California Energy Commission, the Office of Energy Infrastructure Safety, and the State Water Resources Control Board and regional water quality control boards are directed, and the California Public Utilities Commission is requested, to coordinate, consistent with their respective authorities, with electrical, natural-gas, water, wastewater, telecommunications, transportation, and other critical-service providers to enhance readiness and support timely restoration of essential services following storm impacts. 16. The Governor’s Office of Emergency Services, in consultation with relevant state agencies, shall expand accessible, multilingual public preparedness communications related to severe weather, flooding, emergency alerts, evacuation readiness, power outages, safe travel, disaster assistance, and household emergency planning. 17. Agencies under my direct authority shall cooperate in their response to this emergency. Other agencies are requested to assist in responding to this emergency, as appropriate. 18. The restrictions set forth in Penal Code section 396, which are automatically triggered upon proclamation of a state of emergency, are suspended, and no such restrictions are imposed, with respect to this El Niño event, at this time. I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation. This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 21st day of September 2026. _________________________ GAVIN NEWSOM Governor of California ATTEST: _____________________________ SHIRLEY WEBER, PH. D Secretary of State