Cities Index.
Agenda packet, regular meeting

Cypress City Council
August 25, 2026

Document
Agenda packet, regular meeting
Meeting
August 25, 2026
Body
Cypress City Council
Pages
99
Original file
364.2 MB
Text extracted from the city's file for reading and search. Open the original on public.destinyhosted.com. That file is the official record.

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71081 2193 - WEST GROVE VOLLEYBALL, LLC $ 191.10
Instruct/Volleyball 6/7-6/28 6/28/26 $ 191.10
71082 1962 - WEX HEALTH INC $ 89.30
Admin Fee/FSA 6/26 0002402272-IN $ 89.30
71083 1074 - WOMAN'S CLUB OF CYPRESS $ 300.00
Refund/Facility Deposit/Contract #10532 Rfd 7/17/26 $ 300.00 71084 2284 - WURSTHORN, JOSHUA $ 12.00
PD Meal/Arrest & Control Course 5/27 Reimb 7/17/26 $ 12.00 71085 0 - AUTISM PEER 1 ON 1 $ 300.00
Refund/Facility Deposit/Contract# 11373 Rfd 7/17/26 $ 300.00 71086 0 - BOYS & GIRLS CLUB OF CENTRAL ORANGE COAST $ 300.00 Refund/Facility Deposit/Contract# 10961 Rfd 7/17/26 $ 300.00 71087 0 - CHAN, FLORENCE $ 250.00
Refund/Facility Rental Fee/Contract #11986 Rfd 7/17/26 $ 250.00 71088 0 - CYPRESS ART LEAGUE $ 300.00
Refund/Facility Deposit/Contract# 10537 Rfd 7/17/26 $ 300.00 71089 0 - CYPRESS SENIOR CITIZENS CLUB $ 300.00
Refund/Facility Deposit/Contract# 10531 Rfd 7/17/26 $ 300.00 71090 0 - CYPRESS SUNSHINE CLUB $ 300.00
Refund/Facility Deposit/Contract# 10502 Rfd 7/17/26 $ 300.00 71091 0 - GILL, TINE $ 176.00
Refund/Golf Camp 7/13-7/17 Rfd 7/17/26 $ 176.00
71092 0 - HONG, MYUNG HWA $ 500.00
Refund/Facility Deposit/Contract# 11913 Rfd 7/17/26 $ 500.00 71093 0 - MACIEL, ERIJANE $ 203.00
Refund/Cypress Basketball Camp 7/13-7/16 Rfd 7/17/26 $ 203.00 71094 0 - METZGER, GARRETT $ 40.00
Refund/Citation #CP495518 Rfd 7/17/26 $ 40.00
71095 0 - MOSSAD, WAGDY $ 100.00
Refund/Facility Deposit/Contract# 12273 Rfd 7/17/26 $ 100.00 71096 0 - PHAM, JIEA $ 171.00
Refund/Golf Camp 6/29-7/2 Rfd 7/17/26 $ 171.00
71097 0 - PRICE, DEAN $ 100.00
Refund/Facility Deposit/Contract# 12270 Rfd 7/17/26 $ 100.00 71098 0 - SALVI NATION, ATTN: LEO OLMOS $ 175.00
Refund/Food Truck/Salute to America 7/3 Rfd 7/17/26 $ 175.00 71099 0 - SOROPTIMIST INTERNATIONAL OF CYPRESS $ 300.00 Refund/Facility Deposit/Contract# 10631 Rfd 7/17/26 $ 300.00 71100 106914 - ADMINSURE $ 3,800.00
Workers Comp Claims Admin 8/26 18995 $ 3,800.00
71101 100681 - ADVANCED ALARM & FIRE INC $ 424.30
Install/Panic Button/Comm Center 6/25 7021 $ 424.30
71102 2870 - AEMS TRIAL FIRM, APC $ 85,000.00
Settlement Payment/Marquez v. City 7/31/26 $ 85,000.00
71103 1398 - AGI ACADEMY-ANCOM GROUP, INC $ 261.30
Instruct/Math Workshop 6/18-6/30 6/30/26 $ 130.65
Instruct/Math Workshop 7/1-7/16 7/16/26 $ 130.65
71104 2711 - AIREMASTERS AIR CONDITIONING $ 1,113.91
Replace/HVAC/City Hall East Wing 7/26 1906A-08 $ 1,113.91 71105 270 - AITHAL, DARSHINI $ 1,854.45
Instruct/Cartoon Drawing 7/13-7/17 7/17/26 $ 1,000.35
Instruct/Cartoon Drawing 7/20-7/24 7/24/26 $ 778.05
Instruct/Watercolor Painting 6/20-7/18 7/18/26 $ 76.05

Page 48 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71106 130335 - AKM CONSULTING ENGINEERS $ 72,659.50
Design/Myra Avenue Pump Station #1 5/30-6/26 0014102 $ 68,921.50 Svc/Private Sewer Lift Station Design Standards 6/26 0014111 $ 1,128.00 Svc/Sewer Lift Station Design Standards 5/26 0014063 $ 2,610.00 71107 100723 - ALESHIRE & WYNDER, LLP $ 29,306.20
Legal Svc/Code Enforcement 6/26 107075 $ 116.20
Legal Svc/Engineering 6/26 107070 $ 1,719.20
Legal Svc/General Admin 6/26 107065 $ 7,577.50
Legal Svc/General Admin 6/26 107066 $ 7,306.60
Legal Svc/Housing 6/26 107077 $ 92.10
Legal Svc/Marquez 6/26 107079 $ 5,535.70
Legal Svc/Planning 6/26 107069 $ 550.00
Legal Svc/Police 6/26 107074 $ 577.50
Legal Svc/Recreation 6/26 107073 $ 110.00
Litigation Svc/Esquivel 6/26 107082 $ 5,307.90
Litigation Svc/General Admin 6/26 107067 $ 413.50
71108 122455 - ALL AMERICAN SIGN CO, INC $ 1,164.47
Decals/National Night Out 7/25 59022 $ 328.01
Decals/New City Seal 6/29 59035 $ 763.79
Svc/Update Banner/Nature Park 6/8 58904 $ 72.67
71109 107008 - ANDERSON, GINGER $ 1,639.95
Instruct/Dance 2/2-3/3 3/3/26 $ 343.85
Instruct/Dance 3/30-5/21 5/21/26 $ 769.60
Instruct/Dance 6/22-7/23 7/23/26 $ 526.50
71110 110860 - AT&T $ 81.48
Svc/Engineering Mobile Hotspots 28733676550 6/26 $ 81.48 71111 252 - AUTO ZONE, INC $ 1,497.59
Disc Brakes(6) 5/18 05521965540 $ 937.10
Jack Stands(2) 6/2 05521984241 $ 215.48
Mechanic's creeper(1) 6/2 05521983540 $ 71.59
Radiator/Unit #118 05521002333 $ 172.58
Wheel Hub Assembly/Unit #612 05521985001 $ 100.84
71112 1444 - AXON ENTERPRISE, INC $ 54,337.28
Sub/Body-Worn Cameras(68) 6/15/26-6/14/27 INUS445945 $ 54,337.28 71113 1822 - BENEFIT COORDINATORS CORPORATION BCC $ 10,558.13 Insurance/Life/LTD/STD/Optional 8/26 19331 $ 10,558.13
71114 2623 - BLUE TRITON BRANDS INC PRIMO BRANDS CORP $ 239.51 Comm Center Bottled Water 6/26 06G8710321118 $ 71.37
Maint Bottled Water 6/26 06G8710321219 $ 168.14
71115 261 - BMI $ 459.00
Music License/Concerts 7/1/26-6/30/27 500002592971 $ 459.00 71116 705 - BOA ARCHITECTURE BLACK ODOWD AND ASSOC INC $ 2,400.00 Design/Restroom Remodel/Veterans Park 8/30/25-6/24/26 24-3127-3 $ 2,400.00 71117 1375 - CALIBER CONSTRUCTION $ 50,000.00
Refund/Recycling Deposit/CDD-25-213 Rfd 7/31/26 $ 50,000.00 71118 109108 - CALIFORNIA JPIA $ 1,378.00
W/C Insurance/Property 7/1/26-6/30/27 PROP00231 $ 1,378.00 71119 2137 - CALIFORNIA SAFETY AGENCY RECON INDUSTRIES INC $ 2,100.00 Svc/Park Restrooms & Tennis Court Lockup 6/26 3604-187 $ 2,100.00 71120 1001 - CERTIFIED TRANSPORTATION SERVICES, INC $ 1,644.50 Svc/Transport/Day Camp/Dave & Busters 7/8 01-201851 $ 822.25 Svc/Transport/Day Camp/Discovery Cube 7/15 01-201852 $ 822.25

Page 49 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71121 123012 - CHARLES ABBOTT ASSOCIATES $ 28,230.00
Svc/Fats, Oil & Grease/NPDES Inspections 6/26 70625 $ 7,200.00 Svc/National Pollutant Discharge Elimination/Program Mgmt 6/26 70626 $ 21,030.00 71122 2035 - COMMUNICATIONS LAB BARRIOS & ASSOCIATES, LLC $ 16,666.00 Svc/City Strategic Communications Support 6/26 26-1521 $ 10,778.00 Svc/Recreation Strategic Communications Support 6/26 26-1522 $ 5,888.00 71123 1617 - CONTROL AIR ENTERPRISES LLC $ 4,566.00
Replace/Blower Motor 6/3 3106732 $ 4,566.00
71124 115003 - COUNTY OF ORANGE $ 7,562.92
Dues/LAFCO 2026-27 GA26270006 $ 7,562.92
71125 2864 - DELONG, SHANNON $ 125.00
2026 Executive Mgmt Wellness Program Reimb 7/31/26 $ 125.00 71126 1132 - DESTINY SOFTWARE, INC $ 6,800.00
Software/AgendaQuick 7/1/26-6/30/27 5512 $ 6,800.00
71127 109280 - DIAL PRINTING-HMS INDUSTRIES INC $ 5,073.95 PD Citation Booklets 25083 $ 5,073.95
71128 107921 - DRAPER, JEFF $ 107.84
2026 Executive Mgmt Wellness Program Reimb 7/31/26 $ 107.84 71129 110104 - DTSC-DEPT OF TOXIC SUBSTANCES CONTROL $ 100.00 Fee/EPA ID/Annual Electronic Verification Questionnaire 2025 202638545 $ 100.00 71130 1296 - EDCO CNG $ 966.32
Natural Gas(282.55 Gls)/Sweepers 6/16-6/30 0710026-6-A $ 966.32 71131 2644 - ELITE MAINTENANCE & TREE SERVICE EMTS, INC $ 29,330.00 Svc/Landscape/Right-of-Way 6/26 134196 $ 29,330.00
71132 2825 - EVENTSTABLE $ 1,799.82
Fence Panels and Posts/Salute to America 7/3 INV171769 $ 1,799.82 71133 2461 - FCG CONSULTANTS INC $ 19,187.10
Inspect/Arterial Street Rehab 5/26 & 6/26 1135-1024AB $ 15,134.13 Inspect/Concrete Sidewalk Rehab 6/26 1135-1024AE $ 702.81 Inspect/LED Street Light Replacement 10/25 1135-1016T $ 1,675.08 Inspect/OC Sanitation Sewer Project/Permit #25 11/25 1135-1017U $ 1,675.08 71134 107899 - FIREWORKS AND STAGE FX AMERICA $ 13,750.00 Fireworks Display/Salute to America 7/3 23638 $ 13,750.00 71135 1233 - FLATTUM, CHAD $ 166.90
W/C Meal/Mileage/Crisis Intervention 6/22-6/25 Reimb 7/31/26 $ 166.90 71136 2740 - GCP WW HOLDCO LLC $ 132.14
Safety Shoes(1)/MMartinez 7/10 INV31020002354 $ 132.14
71137 2588 - GMU GEOTECHNICAL, INC $ 12,083.50
Svc/Pavement Engineering/Residential Street Rehab 6/26 14152 $ 12,083.50 71138 119018 - GOLDEN STATE WATER COMPANY $ 115,278.23
Svc/10031 Moody Irr 679095 6/26(A) $ 224.63
Svc/10081 Valley View Irr 621300 6/26(A) $ 178.54
Svc/10207 Valley View Irr 321300 6/26(A) $ 545.38
Svc/10401 Valley View Irr 880300 6/26(A) $ 747.81
Svc/10432 Moody Irr 141120 6/26(A) $ 505.25
Svc/11255 Holder St Irr 235620 6/26(A) $ 823.74
Svc/11258 Valley View Irr 829891 6/26(A) $ 505.45
Svc/11260 Valley View Irr 787620 6/26(A) $ 918.70
Svc/11260 Valley View Irr 787620 7/26 $ 437.47
Svc/11262 Valley View Irr 687620 6/26(A) $ 655.90
Svc/11480 Providencia St Irr 428730 6/26(A) $ 2,290.60
Svc/11480 Providencia St Irr 428730 7/26 $ 549.74
Svc/11492 Valley View Irr 587620 6/26(A) $ 273.68
Svc/11492 Valley View Irr 587620 7/26 $ 752.63

Page 50 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
Svc/11499 Holder St Irr 335620 6/26(A) $ 779.12
Svc/11499 Holder St Irr 335620 7/26 $ 333.90
Svc/11559 Cozumel Irr 250010 6/26(A) $ 316.82
Svc/11679 Cozumel Irr 060010 6/26(A) $ 606.13
Svc/4051 Orange Irr 121500 6/26(A) $ 244.03
Svc/4143 Orange Irr 759400 6/26(A) $ 223.28
Svc/4221 Orange Irr 659400 6/26(A) $ 240.63
Svc/4250 Orange Irr 559400 6/26(A) $ 460.51
Svc/4281 Myra Ave/Pump Station 472814 6/26(A) $ 505.45
Svc/4300 Lincoln Ave Irr (median) 521500 6/26(A) $ 640.83 Svc/4300 Lincoln Ave Irr (median) 521500 7/26 $ 472.19
Svc/4308 Ball Road Irr 486395 6/26(A) $ 621.25
Svc/4528 Avenida Granada Irr 412430 6/26(A) $ 2,808.19
Svc/4528 Avenida Granada Irr 412430 7/26 $ 3,182.60
Svc/4592 Avenida Granada 612430 6/26(A) $ 94.32
Svc/4592 Avenida Granada 634861 6/26(A) $ 566.67
Svc/4611 Cerritos Irr 472400 6/26(A) $ 939.59
Svc/4661 Orange Irr 272910 6/26(B) $ 762.57
Svc/4691 Myra Ave Irr/Pump Station 653120 6/26(A) $ 505.45 Svc/4751 Orange Irr 991910 6/26(A) $ 316.82
Svc/4775 Lincoln Irr 546710 6/26(A) $ 688.35
Svc/4775 Lincoln Irr 546710 7/26 $ 481.85
Svc/4871 Cerritos Irr 322400 6/26(A) $ 404.84
Svc/4871 Cerritos Irr 322400 7/26 $ 708.46
Svc/4961 William Ave Irr 067730 6/26(A) $ 1,650.08
Svc/4961 William Ave Irr 067730 7/26 $ 396.02
Svc/4992 Ariano Dr Irr 242202 6/26(A) $ 737.84
Svc/4992 Ariano Dr Irr 242202 7/26 $ 895.94
Svc/5070 Laurel Irr 851120 6/26(A) $ 223.35
Svc/5096 Cumberland Dr Irr 168454 6/26(A) $ 505.51
Svc/5110 Laurel Irr 161120 6/26(A) $ 240.66
Svc/5111 Myra Ave 651020 6/26(A) $ 314.39
Svc/5128 Cumberland Dr Irr 777730 6/26(A) $ 841.69
Svc/5128 Cumberland Dr Irr 777730 7/26 $ 202.00
Svc/5171 Cerritos Irr 041120 6/26(A) $ 252.21
Svc/5177 Lincoln Irr 920810 6/26(A) $ 661.00
Svc/5243 Vista Del Sol Irr 019100 6/26(A) $ 76.88
Svc/5244 Vista Del Sol Irr 698100 6/26(A) $ 111.62
Svc/5246 Vista Real Irr 388100 6/26(A) $ 117.39
Svc/5248 Vista Del Mar Irr 768100 6/26(A) $ 128.98
Svc/5250 Vista Hermosa Irr 308100 6/26(A) $ 96.19
Svc/5252 Crescent Irr 587730 6/26(A) $ 4,248.71
Svc/5252 Crescent Irr 587730 7/26 $ 1,019.69
Svc/5275 Orange 862003 6/26(A) $ 3,987.33
Svc/5275 Orange 862003 7/26 $ 956.96
Svc/5275 Orange/Civic Center 287730 6/26(A) $ 1,850.15
Svc/5275 Orange/Civic Center 287730 7/26 $ 444.03
Svc/5285 Cypress St Fp/Corp Yard 120810 6/26(A) $ 54.93 Svc/5285 Cypress St/Corp Yard 020810 6/26(A) $ 913.92
Svc/5301 Cerritos Irr 260120 6/26(A) $ 870.33
Svc/5335 Oxford Dr Irr 428400 6/26(A) $ 65.32
Svc/5341 Orange Irr 895843 6/26(A) $ 188.58
Svc/5369 Halifax Irr 658400 6/26(A) $ 82.66
Svc/5451 Rome Irr 699910 6/26(A) $ 226.67

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EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
Svc/5501 Katella Irr 540300 6/26(A) $ 713.88
Svc/5552 Lincoln Irr 114420 6/26(A) $ 855.01
Svc/5602 Lincoln Irr 214420 6/26(A) $ 374.68
Svc/5631 Ball Rd Irr 459464 6/26(A) $ 559.84
Svc/5681 Newman Irr 108730 6/26(A) $ 1,229.04
Svc/5681 Newman Irr 108730 7/26 $ 294.97
Svc/5761 Cerritos Irr 016653 6/26(A) $ 417.58
Svc/5889 Rexford Irr 808730 6/26(A) $ 381.06
Svc/5900 Orangewood Irr 728730 6/26(A) $ 2,458.59
Svc/5900 Orangewood Irr 728730 7/26 $ 590.06
Svc/5990 Katella Irr 138730 6/26(A) $ 609.64
Svc/5994 Suva St Irr 418220 6/26(A) $ 407.65
Svc/5994 Suva St Irr 418220 7/26 $ 815.29
Svc/6201 Orangewood Irr 628730 6/26(A) $ 1,700.33
Svc/6201 Orangewood Irr 628730 7/26 $ 408.08
Svc/6299 Ball Rd Irr 053494 6/26(A) $ 776.73
Svc/6531 Biak St Irr 328730 6/26(A) $ 3,662.32
Svc/6531 Biak St Irr 328730 7/26 $ 878.96
Svc/6616 Cerritos Irr 788610 6/26(A) $ 1,605.61
Svc/6616 Cerritos Irr 788610 7/26 $ 401.40
Svc/6960 Tahiti Irr 028730 6/26(A) $ 2,535.46
Svc/6960 Tahiti Irr 028730 7/26 $ 608.51
Svc/8217 Peppertree Ln Irr 140552 6/26(A) $ 354.34
Svc/8621 Watson Irr 787730 6/26(A) $ 644.34
Svc/8732 Walker Irr 334842 6/26(A) $ 1,616.63
Svc/8732 Walker Irr 334842 7/26 $ 769.83
Svc/8842 Moody Irr 845817 6/26(A) $ 183.79
Svc/9031 Grindlay St 519100 6/26(A) $ 1,201.26
Svc/9031 Grindlay St 519100 7/26 $ 288.30
Svc/9031 Grindlay St Fp 319100 6/26(A) $ 54.00
Svc/9031 Grindlay St Fp 419100 6/26(A) $ 65.50
Svc/9121 Valley View Irr 134420 6/26(A) $ 412.24
Svc/9140 Denni Irr 774910 6/26(A) $ 298.49
Svc/9190 Denni Irr 674910 6/26(A) $ 252.21
Svc/9220 Moody Irr 142310 6/26(A) $ 271.12
Svc/9281 Grindlay St Irr 600910 6/26(A) $ 269.56
Svc/9300 Moody Irr 681310 6/26(A) $ 634.76
Svc/9301 Moody Irr 481310 6/26(A) $ 224.83
Svc/9302 Moody Irr 577730 6/26(A) $ 5,650.62
Svc/9302 Moody Irr 577730 7/26 $ 1,356.15
Svc/9304 Moody Irr 936726 6/26(A) $ 178.54
Svc/9331 Grindlay Irr 008100 6/26(A) $ 117.40
Svc/9362 Valley View Irr 942600 6/26(A) $ 1,324.11
Svc/9362 Valley View Irr 942600 7/26 $ 1,176.98
Svc/9391 Moody Irr 581310 6/26(A) $ 227.88
Svc/9403 Valley View Irr 121420 6/26(A) $ 82.67
Svc/9413 Valley View Irr 021420 6/26(A) $ 157.94
Svc/9490 Denni Irr 277730 6/26(A) $ 4,069.24
Svc/9515-A Julie Beth Irr 852202 6/26(A) $ 463.53
Svc/9515-A Julie Beth Irr 852202 7/26 $ 562.85
Svc/9524 Palermo Irr 932202 6/26(A) $ 870.13
Svc/9550 Denni Irr 704910 6/26(A) $ 519.48
Svc/9550 Valley View Irr 291600 6/26(A) $ 592.29
Svc/9600 Graham Irr 697730 6/26(A) $ 589.86

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EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
Svc/9650 Valley View Irr 080600 6/26(A) $ 673.40
Svc/9661 Sorrento Dr Irr 632202 6/26(A) $ 1,357.68
Svc/9661 Sorrento Dr Irr 632202 7/26 $ 647.98
Svc/9675 Juanita Irr 408730 6/26(A) $ 1,989.52
Svc/9675 Juanita Irr 408730 7/26 $ 477.49
Svc/9692 Graham Irr 072003 6/26(A) $ 4,514.77
Svc/9692 Graham Irr 072003 7/26 $ 1,083.55
Svc/9750 Valley View Irr 970600 6/26(A) $ 661.70
Svc/9780 Denni St Irr 722202 6/26(A) $ 670.98
Svc/9780 Denni St Irr 722202 7/26 $ 760.45
Svc/9857 Sorrento Dr Irr 832202 6/26(A) $ 901.45
Svc/9857 Sorrento Dr Irr 832202 7/26 $ 1,021.64
Svc/9880 Sorrento Dr Irr 132202 6/26(A) $ 649.18
Svc/9880 Sorrento Dr Irr 132202 7/26 $ 788.28
Svc/9900 Valley View Irr 700600 6/26(A) $ 182.78
Svc/9930 Denni Irr 468230 6/26(A) $ 669.97
Svc/9930 Denni Irr 468230 7/26 $ 813.53
Svc/Belle Ave and Walker St Irr 282426 6/26(A) $ 223.28 Svc/Bloomfield & Marion Irr 732600 6/26(A) $ 76.89
Svc/Moody 25' S Canterbury Irr 050830 6/26(A) $ 160.12
Svc/Moody 35' N OF Saratoga Irr 438955 6/26(A) $ 159.63 Svc/S/E Corner of Orangewood & New Zealand 272232 6/26(A) $ 188.58 Svc/S/W Corner of Orangewood & New Zealand 870998 6/26(A) $ 165.42 71139 109264 - GOLDMARK, JOSH $ 12.00
W/C Meal/Command of High-Risk Critical Incidents 6/10 Reimb 7/31/26 $ 12.00 71140 123002 - GRAINGER $ 698.56
Tilt Truck 6/30 9970325800 $ 698.56
71141 110049 - GREAT SCOTT TREE SERVICE INC $ 15,493.36 Svc/Plant Trees(2)/City Hall 60268 $ 15,493.36
71142 1018 - GREEN HALO SYSTEMS INC-WASTETRACKING.COM $ 493.00 Consult/Solid Waste Program 7/26 6633 $ 493.00
71143 374 - HCI ENVIRONMENTAL & ENGINEERING SERVICES $ 94,075.00 Svc/Replace/Shooting Range Rubber Bullet Trap 43537 $ 94,075.00 71144 2807 - HIGH FIVE JUMPERS INC $ 835.00
Rent/Sports Inflatable Obstacle Course/National Night Out 7/25 69554577 $ 835.00 71145 128739 - HOME DEPOT CREDIT SVC-MAINT $ 1,545.01
Supplies/Maint 6/26 7/31/26(A) $ 589.85
Supplies/Maint 7/26 7/31/26 $ 955.16
71146 117233 - HOME DEPOT CREDIT SVC-REC #0720 $ 706.69 Supplies/Arnold Cypress 6/12 3610003 $ 107.83
Supplies/Comm Center 6/12 3512536 $ 58.11
Supplies/Comm Center 6/29 6524293 $ 12.90
Supplies/Comm Center 7/1 4634391 $ 34.44
Supplies/Lexington Park 6/12 3610001 $ 45.50
Supplies/Lexington Park 6/12 3610002 $ 159.22
Supplies/Recreation 6/5 510828 $ 48.47
Supplies/Salute to America 7/3 230553 $ (16.02)
Supplies/Salute to America 7/3 3522816 $ 73.00
Supplies/Salute to America 7/3 4544709 $ 12.14
Supplies/Salute to America 7/3 523445 $ 33.22
Supplies/Salute to America 7/3 551215 $ 16.02
Supplies/Salute to America 7/3 9543935 $ 9.99
Supplies/Senior Center 6/24 1551131 $ 92.12
Supplies/Volleyball 6/5 510827 $ 19.75

Page 53 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71147 102993 - ITERIS, INC $ 1,960.00
Svc/Maintain CCTV Network 5/26 191445 $ 1,960.00
71148 122753 - KIMLEY-HORN AND ASSOC INC $ 38,002.50
Svc/Update Safety Element/Open Space-Cypress General Plan 5/26 36001791 $ 21,840.00 Svc/Update Safety Element/Open Space-Cypress General Plan 6/26 36285428 $ 16,162.50 71149 125450 - KMBS USA INC KONICA MINOLTA $ 2,972.98
Copier Maint/Print Shop 4/1/26-6/30/26 9010933469 $ 2,972.98 71150 2842 - KMD ELECTRICAL $ 500.00
Install/Outlet/Civic Center 6/25 1018 $ 500.00
71151 2866 - LA OPINION LP $ 355.00
Notice of Election/City Clerk 6/29-7/5 32923 $ 355.00
71152 122069 - LIEBERT CASSIDY WHITMORE $ 322.00
Legal Svs/HR Matter/CY020-00001 6/26 328922 $ 322.00
71153 1779 - LINSCOTT LAW & GREENSPAN ENGINEERS LG2WB $ 6,180.50 Svc/Traffic Engineering 6/26 14704-00118 $ 3,724.00
Svc/Traffic Impact Fee Nexus Study 6/26 14704-00119 $ 2,456.50 71154 933 - LSA ASSOCIATES, INC $ 6,407.25
Svc/Environmental Impact Report/Tenative Tract Map 6/26 205368 $ 6,407.25 71155 2385 - MAD SCIENCE THE JAY PARTICLE LLC $ 3,521.05 Instruct/Galaxy Defenders 7/6-7/10 7/10/26 $ 588.25
Instruct/Mad Science Camp 6/29-6/30 6/30/26 $ 395.20
Instruct/Mad Science Camp 7/1-7/2 7/2/26 $ 592.80
Instruct/NASA Space Academy Camp 7/20-7/24 7/24/26 $ 1,215.50 Instruct/Secret Agent Lab 7/13-7/17 7/17/26 $ 729.30
71156 2264 - MAGIC JUMP RENTALS ORANGE COUNTY LLC $ 650.85 Rent/Dunk Tank/National Night Out 7/25 136891 $ 650.85
71157 460 - MASTER LANDSCAPE & MAINTENANCE, INC $ 48,485.00 Svc/Tree Planting/Citywide 3/17 50864 $ 18,879.00
Svc/Tree Planting/Citywide 3/31 50905 $ 29,606.00
71158 2620 - MCCI, LLC $ 5,183.23
Sub/Laserfiche 7/01/26-4/20/27 RN27566(A) $ 5,183.23
71159 2620 - MCCI, LLC $ 1,036.65
Sub/Laserfiche 4/21/26-6/30/26 RN27566 $ 1,036.65
71160 2407 - MDJ MANAGEMENT $ 11,746.54
Rentention/Construct/Restroom Renovations/Veterans Park CYP1003.3RET $ 11,746.54 71161 109269 - MILES, HILDA $ 702.00
Instruct/Hula Dance 6/11-6/26 6/26/26 $ 351.00
Instruct/Hula Dance 7/2-7/16 7/16/26 $ 351.00
71162 100876 - MOEN, KATHI $ 17.95
W/C Meal/Mileage/Command of High-Risk Critical Incidents 6/10 Reimb 7/31/26 $ 17.95 71163 946 - MOVIES BY KIDS-O.C., LLC $ 1,164.15
Instruct/Minecraft Movies 7/6-7/16 7/10/26 $ 1,164.15
71164 129724 - NAPA AUTO PARTS - SO CAL AUTO & TRUCK PARTS INC $ 615.11 Automotive Supplies 5/21 503028 $ 615.11
71165 985 - NATIONAL AUTO FLEET GROUP $ 567,405.51
2026 Ford Explorer(1)/Unit #630 WF15407 $ 93,299.08
2026 Ford Explorer(1)/Unit #633 WF15506 $ 93,299.08
2026 Ford Explorer(1)/Unit #634 WF15464 $ 100,910.11
2026 Ford Explorer(1)/Unit #635 WF15463 $ 93,299.08
2026 Ford Explorer(1)/Unit #636 WF15503 $ 93,299.08
2026 Ford Explorer(1)/Unit #638 WF15551 $ 93,299.08

Page 54 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71166 2633 - NEWPORT EXTERMINATING INC $ 455.00
Svc/Pest Control/Arnold Cypress Park Office 6/26 1057883 $ 25.00 Svc/Pest Control/City Hall 6/26 1057877 $ 65.00
Svc/Pest Control/Comm Center 6/26 1057880 $ 60.00
Svc/Pest Control/Council Chambers 6/26 1057878 $ 60.00
Svc/Pest Control/Lexington Park 6/26 1057884 $ 25.00
Svc/Pest Control/Library 6/26 1057885 $ 50.00
Svc/Pest Control/Maint Yard 6/26 1057882 $ 50.00
Svc/Pest Control/PD 6/26 1057879 $ 60.00
Svc/Pest Control/Sr Center 6/26 1057881 $ 60.00
71167 1943 - NICHOLSON, LYNN TOP ROCK ENTERTAINMENT $ 2,800.00 Perform/Music/Concert on the Green 8/7 CYP08072026 $ 2,800.00 71168 1529 - OCEAN BLUE ENVIRONMENTAL SERVICES, INC $ 2,091.79 Svc/Biohazard Disposal 5/13 42917 $ 2,091.79
71169 2715 - OCY MANAGEMENT, LLC $ 6,255.00
Sr Center/Nutrition Program 6/26 6503026 $ 1,380.00
Taxi Vouchers/Sr Center 6/26 6501026 $ 4,875.00
71170 108944 - ODP BUSINESS SOLUTIONS OFFICE DEPOT $ 1,442.29 Supplies/Citywide 6/26 7/31/2026 $ 730.83
Supplies/Citywide 7/26 7/31/26(A) $ 711.46
71171 828 - PACIFIC RIM AUTOMATION INC $ 3,850.50
Install/Replacement PLC/PS# 2 10637 $ 3,850.50
71172 2869 - PACIFIC SYMPHONY $ 1,000.00
Perform/Symphony on the Go 8/14 SOTG Cypress2026 $ 1,000.00 71173 129575 - PARKHOUSE TIRE INC $ 954.91
Vehicle Tires(2) 5/27 1020305779 $ 533.29
Vehicle Tires(4) 5/18 1020305630 $ 421.62
71174 1272 - PDQ.COM CORPORATION $ 4,207.50
Software Maint/Inventory System Mgmt 7/9/26-7/9/27 PDQ-89710 $ 4,207.50 71175 2865 - POLYMATH ADVENTURES $ 2,950.00
Perform/Music/Concert on the Green 7/31 7/31/26 $ 2,950.00 71176 2594 - PREMIER CHRYSLER JEEP DODGE RAM OF BUENA PARK $ 1,990.95 Svc/Repair/Radiator/Unit #622 320293 $ 1,990.95
71177 112121 - PRESENTATION FOLDER INC-LETTERPRESS TRADE $ 1,767.10 Certificate Holders(500) 7/7 0179379-IN $ 1,767.10
71178 1825 - PRISM PUBLIC RISK INNOVATION SOLUTIONS & MGMT $ 1,454.16 EAP/City and West Comm(438) 7/1/26-9/30/26 27400024 $ 1,454.16 71179 2681 - RD OFFUTT COMPANY RDO EQUIPMENT CO $ 31,409.13 Tree Stump Grinder E0285771 $ 31,409.13
71180 101148 - RED WING SHOE STORE $ 187.90
Safety Shoes(1)/IJimenez 7/17 20260723025347 $ 187.90
71181 112104 - RIVERSIDE COUNTY SHERIFF'S DEPT-BCPSTC $ 1,215.13 Reg/Driver Training/SC & RT & CP & JM & DD & TM & DA PD Reg 8/31 $ 1,215.13 71182 130231 - RSG, INC ROSENOW SPEVACEK GROUP INC $ 2,834.25 Consult/Citrus Square Loan Processing/GHyun & KHan 15830 $ 1,538.00 Svc/Affordable Housing Eligibility Review/4872 Lincoln 6/26 15828 $ 250.00 Svc/Affordable Housing Eligibility Review/5372 Lincoln 15829 $ 796.25 Svc/Application Review/Citrus Square 6/26 15827 $ 250.00 71183 106893 - SAFESHRED $ 80.00
W/C Svc/Shredding 6/26 372990 $ 80.00

Page 55 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71184 2031 - SDI PRESENCE LLC $ 24,323.59
W/C Software Support 3/26 22368 $ 7,915.95
W/C Software Support 4/26 22671 $ 9,320.06
W/C Software Support 5/31 22947 $ 5,029.20
W/C Svc/Cloud Backup 6/26 23228 $ 495.00
W/C Svc/Monitor IT/CAD 6/26 23020 $ 1,488.38
W/C Svc/Security Software 6/26 23202 $ 75.00
71185 2806 - SHAW, MARLENE L. $ 83.20
Instruct/Belly Dance 6/8-6/29 6/29/26 $ 83.20
71186 1181 - SITE ONE LANDSCAPE SUPPLY, LLC $ 556.40
Compost 6/25 168067814-001 $ 278.22
Compost/Seeds 6/24 168024734-001 $ 278.18
Irritation Valves 5/26 166701674-001 $ 89.21
Irritation Valves 5/26 166701866-001 $ (89.21)
71187 116238 - STAPLES BUSINESS ADVANTAGE $ 1,542.50
Supplies/Citywide 6/26 7/31/2026 $ 1,531.11
Supplies/Citywide 7/26 7/31/26(A) $ 11.39
71188 1330 - SUPERIOR PROPERTY SERVICES, INC-SUPERIOR GRAFFITI $ 7,920.00 Svc/Graffiti Removal/Streets & Parks 6/26 18748 $ 7,920.00 71189 2860 - TAYLOR ENTERTAINMENT INC $ 1,545.00
Svc/Caricatures/Balloon Twisting/National Night Out 7/25 7/25/26 $ 1,545.00 71190 2071 - THAT SOUND GUY DARREN KNOWLES $ 1,875.00
Svc/Audio & Lighting/Concert on the Green 8/7 110 $ 1,875.00 71191 2071 - THAT SOUND GUY DARREN KNOWLES $ 1,875.00
Svc/Audio & Lighting/Concert on the Green 7/31 109 $ 1,875.00 71192 2868 - THE KOREA TIMES LOS ANGELES, INC. $ 550.00 Notice of Election/City Clerk 7/1 OD10350909 $ 550.00
71193 1170 - TOM'S PLUMBING SERVICE INC $ 5,250.00
Svc/Hydro Jet Sewer Line/Willow Park 6/5 73011 $ 750.00 Svc/Sewer Excavation/Willow Park 6/23 73993 $ 4,500.00
71194 2867 - TRANSPERFECT INTERNATIONAL, LLC $ 785.00
Notice of Election/City Clerk 7/1 058491 $ 785.00
71195 2070 - TWIST AND SHOUT EVENTS, INC $ 625.00
Svc/Balloon Twisting/Face Painting/Day Camp 7/23 462710618947507 $ 625.00 71196 1095 - TYLER TECHNOLOGIES, INC-NEW WORLD $ 8,776.30 Software Maint/New World Mobile App 8/1/26-7/31/27 CI100-00296986 $ 8,776.30 71197 109555 - UNITED RENTALS NORTH AMERICA INC $ 1,753.54 Credit/Generator/Salute to America 7/3 264382478-003 $ (100.29) Rent/Generator/Light Towers/Salute to America 7/3 264382478-001 $ 1,632.58 Rent/Light Tower/Salute to America 7/3 264382478-002 $ 221.25 71198 2240 - UNIVERSAL WASTE SYSTEMS $ 325.00
Svc/Porta-Potties(3)/Nature Park 6/26 0004809724 $ 300.00 Svc/Reinstatement Fee/4201 Ball Rd 0004258600 $ 25.00
71199 1993 - WATANABE , BRYCE I $ 1,407.90
Instruct/Karate 6/17-6/24 6/24/26 $ 563.16
Instruct/Karate 7/1-7/15 7/15/26 $ 844.74
71200 110131 - WHITE CAP CONSTRUCTION SUPPLY WHITE CAP, LP $ 339.00 Fasteners/Cable 5/21 50037116554 $ 339.00
71201 130186 - WILLDAN FINANCIAL SERVICES $ 3,495.00
Svc/Park Impact Fee Study 6/26 010-66636 $ 3,495.00
71202 2777 - WIRELESS CCTV LLC $ 1,790.29
PD Lease/Mobile CCTV Trailer 6/30-7/27 128037 $ 1,790.29 71203 423 - YORBA REGIONAL ANIMAL HOSPITAL $ 1,487.11
PD Vet Svcs/Bono 6/30 5438812828 $ 1,487.11

Page 56 of 57 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
06/06/26-08/07/26
71204 2273 - YOUNG REMBRANDTS NORTH ORANGE COUNTY BI DAN YU $ 2,632.50 Instruct/Drawing 6/9-6/30 6/30/26 $ 1,170.00
Instruct/Drawing 7/6-7/10 7/10/26 $ 877.50
Instruct/Drawing 7/7-7/14 7/14/26 $ 585.00
71205 2044 - YOUTH EVOLUTION ACTIVITIES $ 436.80
Instruct/Basketball 6/18-6/30 6/30/26 $ 218.40
Instruct/Basketball 7/1-7/9 7/9/26 $ 218.40
71206 1974 - YUNEX LLC $ 11,677.22
Repair/Traffic Signals 6/26 5610008911 $ 6,295.52
Traffic Signal Maint 6/26 90010758 $ 5,381.70
71207 0 - APREGILIO, CELIA $ 200.00
Refund/Facility Deposit/Contract# 11342 Rfd 7/31/26 $ 200.00 71208 0 - BANEZ, KATHRYN $ 100.00
Refund/Facility Deposit/Contract# 12111 Rfd 7/31/26 $ 100.00 71209 0 - FRANCO, JENNIFER $ 100.00
Refund/Facility Deposit/Contract# 11572 Rfd 7/31/26 $ 100.00 71210 0 - GHOSH, SAYAN DEB $ 125.00
Refund/Facility Deposit/Contract# 11670 Rfd 7/31/26 $ 125.00 71211 0 - GILL, TINE $ 195.00
Refund/Skyhawks Camp 7/27-7/31 Rfd 7/31/26 $ 195.00
71212 0 - GILL, TINE $ 93.00
Refund/Basketball 7/30-8/20 Rfd 7/31/26 $ 93.00
71213 0 - TUPU, JEFFREY $ 300.00
Refund/Facility Deposit/Contract# 12102 Rfd 7/31/26 $ 300.00 71214 0 - WEE, MEGHAN $ 24.00
Refund/Summer Parks 7/21-7/23 Rfd 7/31/26 $ 24.00
71215 0 - WU, PAMELA $ 64.00
Refund/Hula Dance 7/22-8/26 Rfd 7/31/26 $ 64.00
Total EFTs $ 9,314,429.91 $ 9,314,429.91
Total Warrants $ 3,710,982.33 3,710,982.33
Transfer to Payroll (W1585) $ 862,034.44 Payroll 05/22/26-06/05/26 862,034.44 Transfer to Payroll (W1586) $ 917,311.37 Payroll 06/05/26-06/19/26 917,311.37 Transfer to Payroll (W1587) $ 865,038.15 Payroll 06/19/26-07/03/26 865,038.15 Transfer to Payroll (W1588) $ 965,050.93 Payroll 07/03/26-07/17/26 965,050.93 Transfer to Payroll (W1589) $ 883,310.16 Payroll 07/17/26-07/31/26 883,310.16 Grand Totals $ 17,518,157.29 $ 17,518,157.29

Page 57 of 57 ends

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Stephanie Sikkema, Director of Finance and Administrative Services DATE: 08/25/2026
SUBJECT: Receive and File the Investment Reports for the Months Ended June 30, 2026 and July 31, 2026.

RECOMMENDATION
Receive and file the attached investment reports.

DISCUSSION
California Government Code Section 53607 and Cypress Municipal Code Section 2-18(f) requires the submission of a monthly investment report to the City Council. Due to the cancellation of two City Council meetings in July and August, two reports are being presented for the periods ending June 30, 2026 and July 31, 2026.

June 30, 2026 July 30, 2026
Total Cash and Investments $196.9 million $188.8 million Yield on Investments 3.94% 3.97%
As required by the Government Code, all investments are in conformity with the City's investment policy and sufficient cash flows are available to meet the next six months of estimated expenditures.

The attached Summary of Cash and Investments presents the investments held by the City of Cypress as of June 30, 2026 and July 31, 2026. The Investment Report consists of the following five summaries:

1. Summary of Cash and Investments - Provides the total portfolio of the City.

Changes in Cash and Investments - Provides a two-month cash flow analysis by fund type. These separate fund types allow for restricted monies to be segregated and tracked separately. The total ending amount agrees to the current market value shown in the Summary of Cash and Investments.

2. Investments at Market Value by Maturity Date - Provides a list of investments by maturity date, and an indication of the liquidity (ability to turn into cash) of the

3. maturity date, and an indication of the liquidity (ability to turn into cash) of the investments. The California Government Code restricts the type of investments eligible for public funds. The City’s Investment Policy further defines permitted investments. These restrictions on investment types and the terms of allowable investments tend to result in limited yields on City investments.

Interfund Investments - Shows all authorized and outstanding loans between City funds. The loans from the Infrastructure Reserve Fund to the Cypress Recreation and Park District General Fund relate to the construction of Lexington Park and the rehabilitation of Arnold Cypress Park.

4. Summary of Cash and Investments Held In Trust - Shows the investments held in trust by the Public Agency Retirement Services (PARS) for offsetting unfunded pension liabilities. The pension trust amounts can only be used for future pension obligations. The legal restrictions on the allowable investment types are less restrictive than those in the City's portfolio, which provides the ability for the trust to invest in more diverse assets which have the potential to yield a higher long-term rate of return.

5. For each of the two months, the City's portfolio consisted of the following:

June 30, 2026 July 30, 2026
Federal Agency Securities $95.0 million $94.7 million
Investment Pools $99.7 million $91.6 million
Bank Accounts $2.2 million $2.5 million
Total $196.9 million $188.8 million
A portion of the investment portfolio is with the State Investment Pool (Local Agency Investment Fund or LAIF) in which the State's investment experts provide a diversified investment pool for local agencies to invest. By using the combined size of the participating cities and agencies, the State Pool provides a competitive yield, liquidity and investment diversification and management that would otherwise be unavailable to a single entity.

The amount of cash in the City’s checking accounts fluctuates based on the maturity of investments, daily cash receipts, and when vendors and employees are paid. The daily balances maintained in the checking accounts provide credits which offset monthly bank charges. In addition to the Federal Depository Insurance Corporation (FDIC) which insures the first $250,000, excess checking deposits are secured by banks, government, or mortgage securities valued between 110% and 150% of the deposits.

BUDGET IMPACT
This agenda item is presented for receive-and-file purposes only; therefore, there is no budgetary impact associated with this action.

LEGAL REVIEW
The City Attorney has reviewed this staff report.

APPROVED BY: Shannon DeLong, City Manager
Attachments
Investment Report for the Month Ended June 30, 2026
Investment Report for the Month Ended July 31, 2026
Average Weighted Yield to Maturity 3.94%
Average Weighted Days to Maturity 512.75
Total Carrying Value $197,356,391.57
Total Market Value $196,941,709.60
Agency Allocation
Prepared By: ________________Sheila Tran________________ Signed: _________________________________________________ Accountant
City of Cypress
Summary of Cash and Investments
As of June 30, 2026
Portfolio Summary
Sector Allocation
Maturity Distribution
City Treasurer
$196.9M $95.0M
I certify that this report reflects all Government Agency pooled investments and is in conformity with the Investment Policy of the City of Cypress. A copy of this Investment Policy is available on the City's website. The Investment Program herein shown provides sufficient cash flow liquidity to meet six months estimated expenditures.

Average Weighted Yield to Maturity
US Treasury
7%
Agency
41%
LAIF
51%
Cash
1%

54.29%

5.08%

21.51%

5.05%

14.07%
0%
20%
40%
60%
0-1 1-2 2-3 3-4 4-5
3%
4%
4%
4%
4%
4%
5%
5%
$160
$170
$180
$190
$200
$210 Jun-23 Sep-23 Dec-23 Mar-24 Jun-24 Sep-24 Dec-24 Mar-25 Jun-25 Sep-25 Dec-25 Mar-26 Jun-26 Millions Market Value Yield
FFCB
26%
FHLB
34%
FHLMC
8%
FNMA
16%
TSY
16%
City of Cypress
Summary of Cash and Investments
As of June 30, 2026
City of Cypress
CUSIP Security Description
Investment
Date Maturity Date Interest Rate Carrying Value
Current Market
Value
Cash
General Operating Account * BMO -- 7/1/2026 - $ 2,136,306.30 $ 2,136,306.30 Worker's Comp Account BMO -- 7/1/2026 - 50,000.00 50,000.00 Liability Account California Bank & Trust -- 7/1/2026 - 8,500.00 8,500.00 Petty Cash City -- 7/1/2026 - 8,350.00 8,350.00
Total Cash $ 2,203,156.30 $ 2,203,156.30
LAIF
LAIF Local Agency Investment
Fund State Pool
-- 7/1/2026 3.816 59,414,693.57 $ 59,347,696.49 $
LAIF Local Agency Investment
Fund State Pool
-- 7/1/2026 3.816 40,397,786.98 40,352,233.71
Total LAIF $ 99,812,480.55 $ 99,699,930.20
Agency
3130AXU63 Federal Home Loan Bank 11/30/2023 11/17/2026 4.420 5,004,675.00 5,012,250.00 3133ERA92 Federal Farm Credit Bank 11/21/2024 11/12/2027 4.210 9,988,019.06 10,006,900.00 3135GAX89 Federal National
Mortgage Association
11/4/2024 7/21/2028 4.152 6,991,754.99 6,980,190.00
91282CHQ7 US Treasury Bill 6/24/2024 7/31/2028 4.288 5,014,669.44 4,997,250.00 3130B4ZY0 Federal Home Loan Bank 2/14/2025 8/14/2028 4.500 5,000,000.00 4,996,200.00 3130B3W25 Federal Home Loan Bank 5/27/2025 11/27/2028 4.300 3,130,170.15 $ 3,114,998.10 $ 3130AYWG7 Federal Home Loan Bank 2/15/2024 2/12/2029 4.411 4,648,605.00 4,635,213.00 Portfolio Holdings
As of June 30, 2026
City of Cypress
Summary of Cash and Investments
As of June 30, 2026
City of Cypress
CUSIP Security Description
Investment
Date Maturity Date Interest Rate Carrying Value
Current Market
Value
3133ERAK7 Federal Farm Credit Bank 4/18/2024 4/10/2029 4.375 4,961,120.00 5,027,650.00 91282CES6 US Treasury Bill 6/24/2024 5/31/2029 4.241 4,766,735.75 4,809,350.00 3134HCEX3
Federal Home Loan
Mortgage Corp
12/19/2025 6/8/2029 3.995 7,860,000.00 7,798,692.00
91282CFL0 US Treasury Bill 12/6/2024 9/30/2029 4.032 4,975,005.33 4,956,250.00 3133ER4F5 Federal Farm Credit Bank 2/19/2025 2/19/2030 4.820 5,000,000.00 4,988,600.00 3130B6Y83 Federal Home Loan Bank 7/3/2025 7/2/2030 4.000 5,000,000.00 4,966,900.00 3130B7R63 Federal Home Loan Bank 9/12/2025 9/3/2030 4.000 5,000,000.00 4,938,050.00 3133ETB89 Federal Farm Credit Bank 10/1/2025 10/1/2030 3.750 5,000,000.00 4,914,050.00 3134HCBE8 Federal Home Loan Bank 11/20/2025 11/20/2030 4.000 5,000,000.00 5,010,400.00 3136GCG90
Federal National
Mortgage Association 1/27/2026 1/27/2031 3.875 8,000,000.00 7,885,680.00 Total Agency $ 95,340,754.72 $ 95,038,623.10
Total Portfolio $ 197,356,391.57 $ 196,941,709.60
* Negative cash balance (if any) shown due to checks being issued at month end, transfer to cover checks not made until early in the following month.

Portfolio Holdings
As of June 30, 2026
4/30/2026 +RECEIPTS (DISBURSEMENTS) 5/31/2026 +RECEIPTS (DISBURSEMENTS) 6/30/2026

GENERAL
111/114 GENERAL FUND/GENERAL FUND-GRANTS $ 38,332,294 $ 6,161,803 $ (4,155,105) $ 40,338,992 $ 2,371,262 $ (3,694,324) $ 39,015,930 112 CFD ADMINISTRATION - - - - - - -

SPECIAL REVENUE
115 PANDEMIC RELIEF - - - - - - -
212 CRPD-GENERAL FUND 16,287,373 459,662 (606,375) 16,140,660 216,281 (1,040,927) 15,316,014 213 CRPD-PARK DEVELOPMENT 808,337 163,947 - 972,284 5,342 - 977,626 221 TRAFFIC SAFETY 42,009 7,050 - 49,059 7,201 - 56,260 230 STREETS 9,646,308 545,586 (1,380,369) 8,811,525 314,784 (32,570) 9,093,739 251 LIGHTING DISTRICT #2 5,602,432 75,409 (124,560) 5,553,281 45,701 (627,578) 4,971,404 261 STORM DRAIN 2,199,919 31,792 (47,467) 2,184,244 44,993 (36,421) 2,192,816 262 PLANNED LOCAL DRAINAGE FACILITY 1,209,340 - - 1,209,340 7,040 - 1,216,380 271 CORP CNTR MAINT DISTRICT #1 258,516 - (6,413) 252,103 5,520 (17,599) 240,024 280 ASSET SEIZURE 788,904 5,947 (21,739) 773,112 16,146 (15,998) 773,260 291 CABLE TV FRANCHISE AGREEMENT 914,922 12,428 - 927,350 - - 927,350 301 SUPPLEMENTAL LAW ENFORCEMENT 99,800 - (15,915) 83,885 502 (8,952) 75,435 311 AB 2766 TRIP REDUCTION 68,237 16,799 - 85,036 462 - 85,498 321 SEWER FUND 11,398,704 137,145 (148,118) 11,387,731 212,286 (45,493) 11,554,524 471 LOW AND MODERATE HSG ASSET 37,490 454 - 37,944 503 - 38,447

CAPITAL PROJECTS
415 CITY CAPITAL PROJECTS 12,501,267 204 (202,094) 12,299,377 - (375,345) 11,924,032 416 INFRASTRUCTURE RESERVE 53,351,091 - - 53,351,091 381,833 - 53,732,924 450 RDA CAPITAL PROJECTS - - - - - - -

TRUST AND AGENCY
461 HOUSING SUCCESSOR AGENCY TO RDA - - - - - - -
462 SUCCESSOR AGENCY TO RDA - - - - - - -
600 TRUST AND AGENCY 1,829,771 40,927 (30,405) 1,840,293 42,297 (84,398) 1,798,192 610 NON-CITY OBLIGATED DEBT - - - - - - -
611 BUSINESS ASSESSMENT DISTRICT - - - - - - -
612 CFD #1 ASSESSMENT DISTRICT 153,575 - - 153,575 - - 153,575 620 REC & COMM SERVICES FOUNDATION 58,540 1,000 - 59,540 10,395 (995) 68,940

INTERNAL SERVICE
710 CENTRAL SERVICES 4,497,073 244,371 (215,794) 4,525,650 251,023 (205,161) 4,571,512 720 CAPITAL REPLACEMENT 16,399,464 80,336 (12,092) 16,467,708 84,586 (5,345) 16,546,949 730 TECHNOLOGY IMPROVEMENT 2,235,841 - - 2,235,841 - - 2,235,841 750 EMPLOYEE BENEFITS 6,955,104 1,774,173 (965,635) 7,763,642 1,346,466 (895,376) 8,214,732 760 LIABILITY SELF INSURANCE 2,260,101 69,331 (437) 2,328,995 70,871 (2,587) 2,397,279 770 WORKERS COMP SELF INSURANCE 3,460,795 97,856 (48,197) 3,510,454 65,756 (73,337) 3,502,873 OTHER
811/812 WESTCOMM JPA 5,766,202 115,239 (421,947) 5,459,494 112,134 (311,474) 5,260,154 Total Cash and Investments $ 197,163,409 $ 10,041,459 $ (8,402,662) $ 198,802,206 $ 5,613,384 $ (7,473,880) $ 196,941,710 City of Cypress
Changes in Cash/Investments
As of June 30, 2026
Investment Type Distribution
Investment Type Percentage
Cash 1.12%
FFCB 12.66%
FHLB 16.59%
FHLMC 3.96%
FNMA 7.55%
LAIF 50.62%
TSY 7.50%
Total 100%
Maturity Distribution by Maturity Date
Years Market Value
0-1 $ 106,915,337
1-2 $ 10,006,900
2-3 $ 42,359,543
3-4 $ 9,944,850
4-5 $ 27,715,080
Total $ 196,941,710
Investments at Market Value by Maturity Date
As of June 30, 2026
City of Cypress
$2.2
$24.9 $32.7
$7.8 $14.9
$99.7
$14.8
$-
$20
$40
$60
$80
$100
$120
Cash FFCB FHLB FHLMC FNMA LAIF TSY Market ValueMillions Investment Type
$106.9
$10.0
$42.4
$9.9
$27.7
$-
$20
$40
$60
$80
$100
$120
0-1 1-2 2-3 3-4 4-5 Market Value Millions
Years
Note
No. To/From Purpose Issue Date
Scheduled
Maturity
Date
Interest
Rate
Authorized
Amount
Total
Advances
Repayments
to Date
Note
Principal
Outstanding
1 CRPD/City Lexington Park Construction 2/8/2021 6/30/2030 2% 12,800,000 $ 12,293,975 $ 9,109,308 $ 3,184,667 $ 2 CRPD/City Arnold Cypress Park Construction 11/13/2023 6/30/2045 2% 33,500,000 $ 32,336,574 $ 1,548,801 $ 30,787,773 $ $ 33,972,440
1 2
City of Cypress
Beginning June 30, 2025, the CRPD will repay $2 million annually (including principal and interest) from available CRPD property taxes over the next 20 years.

Interfund Investments
As of June 30, 2026
Total Interfund Investments
The Lexington Park note is being repaid with park development fees as they become available. Effective July 1, 2025, the maturity date of the note was extended to June 30, 2030 with an interest rate of 2%.

Fund Type Issuer Maturity Date
One-Year
Return * Cost Amount Current Market Value
PARS Public Agencies Post-Employment Benefits Trust
Trustee: Public Agency Retirement Services (PARS)
Section 115 Trust Pension Trust Various Open 13.54% $ 28,970,000.00 $ 41,975,329.60 $ 28,970,000.00 $ 41,975,329.60
* 12-month period ending with the current month.

City of Cypress
PARS Pension Trust
Total Cash and Investments Held in Trust
Summary of Cash and Investments Held in Trust
As of June 30, 2026
$-
$10.00
$20.00
$30.00
$40.00
$50.00 Millions
6/30/2024 6/30/2025 6/30/2026
Cost Amount 27,390,000.00 28,890,000.00 28,970,000.00
Market Value 31,931,565.43 37,033,883.13 41,975,329.60
Average Weighted Yield to Maturity 3.97%
Average Weighted Days to Maturity 518.19Total Carrying Value $189,575,619.37Total Market Value $188,819,767.03 Agency Allocation
Prepared By: Sheila Tran, Accountant Signed: _________________________________________________ City of Cypress
Summary of Cash and Investments
As of July 31, 2026
Portfolio Summary
Sector AllocationMaturity Distribution
City Treasurer
$188.8M $94.7M
I certify that this report reflects all Government Agency pooled investments and is in conformity with the Investment Policy of the City of Cypress. A copy of this Investment Policy is available on the City's website. The Investment Program herein shown provides sufficient cash flow liquidity to meet six months estimated expenditures.

Average Weighted Yield to Maturity
US Treasury
8%
Agency
42%
LAIF
49%
Cash
1%

52.44%

9.00%

18.72%

7.89% 11.95%
0%
20%40%60%
0-1 1-2 2-3 3-4 4-5
3%4%4%4%4%4%5%5%
$160 $170 $180 $190 $200 $210
Jul-23
Oct-23
Jan-24
Apr-24
Jul-24
Oct-24
Jan-25
Apr-25
Jul-25
Oct-25
Jan-26
Apr-26
Jul-26
Millions
Market Value Yield
FFCB
26%
FHLB
34%
FHLMC
8%
FNMA
16%
TSY
16%
City of Cypress
Summary of Cash and Investments
As of July 31, 2026
City of Cypress
CUSIP Security Description
Investment
Date Maturity Date Interest Rate Carrying Value
Current Market
Value
Cash
General Operating Account * BMO -- 8/1/2026 - $ 2,402,817.27 $ 2,402,817.27 Worker's Comp Account BMO -- 8/1/2026 - 50,000.00 50,000.00 Liability Account California Bank & Trust -- 8/1/2026 - 8,500.00 8,500.00 Petty Cash City -- 8/1/2026 - 8,350.00 8,350.00
Total Cash $ 2,469,667.27 $ 2,469,667.27
LAIF
LAIF Local Agency Investment
Fund State Pool
-- 8/1/2026 3.84 57,967,748.10 $ 57,902,382.62 $
LAIF Local Agency Investment
Fund State Pool
-- 8/1/2026 3.84 33,792,131.46 33,754,026.84
Total LAIF $ 91,759,879.56 $ 91,656,409.46
Agency
3130AXU63 Federal Home Loan Bank 11/30/2023 11/17/2026 4.420 5,004,675.00 5,010,800.00 3133ERA92 Federal Farm Credit Bank 11/21/2024 11/12/2027 4.210 9,988,019.06 9,998,400.00 3135GAX89 Federal National
Mortgage Association
11/4/2024 7/21/2028 4.152 6,993,391.34 6,974,730.00
91282CHQ7 US Treasury Bill 6/24/2024 7/31/2028 4.288 5,018,350.91 4,986,500.00 3130B4ZY0 Federal Home Loan Bank 2/14/2025 8/14/2028 4.500 5,000,000.00 4,999,650.00 3130B3W25 Federal Home Loan Bank 5/27/2025 11/27/2028 4.300 3,130,170.15 $ 3,105,621.00 $ 3130AYWG7 Federal Home Loan Bank 2/15/2024 2/12/2029 4.411 4,648,605.00 4,627,168.50 Portfolio Holdings
As of July 31, 2026
City of Cypress
Summary of Cash and Investments
As of July 31, 2026
City of Cypress
CUSIP Security Description
Investment
Date Maturity Date Interest Rate Carrying Value
Current Market
Value
3133ERAK7 Federal Farm Credit Bank 4/18/2024 4/10/2029 4.375 4,961,120.00 5,007,450.00 91282CES6 US Treasury Bill 6/24/2024 5/31/2029 4.241 4,766,735.75 4,793,150.00 3134HCEX3
Federal Home Loan
Mortgage Corp
12/19/2025 6/8/2029 3.995 7,860,000.00 7,779,670.80
91282CFL0 US Treasury Bill 12/6/2024 9/30/2029 4.032 4,975,005.33 4,932,000.00 3133ER4F5 Federal Farm Credit Bank 2/19/2025 2/19/2030 4.820 5,000,000.00 4,996,200.00 3130B6Y83 Federal Home Loan Bank 7/3/2025 7/2/2030 4.000 5,000,000.00 4,946,150.00 3130B7R63 Federal Home Loan Bank 9/12/2025 9/3/2030 4.000 5,000,000.00 4,913,550.00 3133ETB89 Federal Farm Credit Bank 10/1/2025 10/1/2030 3.750 5,000,000.00 4,878,500.00 3134HCBE8 Federal Home Loan Bank 11/20/2025 11/20/2030 4.000 5,000,000.00 4,904,950.00 3136GCG90
Federal National
Mortgage Association 1/27/2026 1/27/2031 3.875 8,000,000.00 7,839,200.00 Total Agency $ 95,346,072.54 $ 94,693,690.30
Total Portfolio $ 189,575,619.37 $ 188,819,767.03
* Negative cash balance (if any) shown due to checks being issued at month end, transfer to cover checks not made until early in the following month.

Portfolio Holdings
As of July 31, 2026
5/31/2026 +RECEIPTS (DISBURSEMENTS) 6/30/2026 +RECEIPTS (DISBURSEMENTS) 7/31/2026

GENERAL
111/114 GENERAL FUND/GENERAL FUND-GRANTS $ 40,339,492 $ 2,785,944 $ (3,694,935) $ 39,430,501 $ 3,683,449 $ (8,220,031) $ 34,893,919 112 CFD ADMINISTRATION - - - - - - -

SPECIAL REVENUE
115 PANDEMIC RELIEF - - - - - - -
212 CRPD-GENERAL FUND 16,140,660 216,523 (1,041,169) 15,316,014 237,065 (868,876) 14,684,203 213 CRPD-PARK DEVELOPMENT 972,284 5,342 - 977,626 - - 977,626 221 TRAFFIC SAFETY 49,059 7,201 - 56,260 15,907 - 72,167 230 STREETS 8,811,525 314,784 (32,570) 9,093,739 446,358 (36,188) 9,503,909 251 LIGHTING DISTRICT #2 5,553,281 45,701 (627,578) 4,971,404 26,523 (136,294) 4,861,633 261 STORM DRAIN 2,184,244 44,993 (36,421) 2,192,816 32,675 (81,299) 2,144,192 262 PLANNED LOCAL DRAINAGE FACILITY 1,209,340 7,040 - 1,216,380 - - 1,216,380 271 CORP CNTR MAINT DISTRICT #1 252,103 5,520 (17,599) 240,024 - (8,376) 231,648 280 ASSET SEIZURE 772,611 16,146 (15,998) 772,759 74,210 (58,484) 788,485 291 CABLE TV FRANCHISE AGREEMENT 927,350 - - 927,350 703 - 928,053 301 SUPPLEMENTAL LAW ENFORCEMENT 83,885 502 (8,952) 75,435 - (36,853) 38,582 311 AB 2766 TRIP REDUCTION 85,036 462 - 85,498 - - 85,498 321 SEWER FUND 11,387,731 212,286 (45,493) 11,554,524 161,612 (70,701) 11,645,435 471 LOW AND MODERATE HSG ASSET 37,944 503 - 38,447 62,674 (2,594) 98,527

CAPITAL PROJECTS
415 CITY CAPITAL PROJECTS 12,299,377 - (375,345) 11,924,032 - (530,615) 11,393,417 416 INFRASTRUCTURE RESERVE 53,351,091 381,833 - 53,732,924 - - 53,732,924 450 RDA CAPITAL PROJECTS - - - - - - -

TRUST AND AGENCY
461 HOUSING SUCCESSOR AGENCY TO RDA - - - - - - -
462 SUCCESSOR AGENCY TO RDA - - - - - - -
600 TRUST AND AGENCY 1,840,293 42,297 (84,398) 1,798,192 58,480 (126,347) 1,730,325 610 NON-CITY OBLIGATED DEBT - - - - - - -
611 BUSINESS ASSESSMENT DISTRICT - - - - - - -
612 CFD #1 ASSESSMENT DISTRICT 153,575 - - 153,575 - - 153,575 620 REC & COMM SERVICES FOUNDATION 59,540 10,395 (995) 68,940 - (1,000) 67,940

INTERNAL SERVICE
710 CENTRAL SERVICES 4,525,650 251,023 (205,161) 4,571,512 247,305 (686,101) 4,132,716 720 CAPITAL REPLACEMENT 16,467,708 84,586 (5,345) 16,546,949 124,693 (632,479) 16,039,163 730 TECHNOLOGY IMPROVEMENT 2,235,841 - - 2,235,841 - - 2,235,841 750 EMPLOYEE BENEFITS 7,763,642 1,346,466 (895,376) 8,214,732 443,013 (1,065,977) 7,591,768 760 LIABILITY SELF INSURANCE 2,328,995 70,871 (2,587) 2,397,279 101,287 (603,821) 1,894,745 770 WORKERS COMP SELF INSURANCE 3,510,454 65,756 (73,337) 3,502,873 68,471 (383,159) 3,188,185 OTHER
811/812 WESTCOMM JPA 5,459,494 112,745 (311,474) 5,260,765 628,437 (644,439) 5,244,763 Total Cash and Investments $ 198,802,205 $ 6,028,919 $ (7,474,733) $ 197,356,391 $ 6,412,862 $ (14,193,634) $ 189,575,619 As of July 31, 2026
Changes in Cash/Investments
City of Cypress
Investment Type Distribution
Investment Type Percentage
Cash 1.17%
FFCB 13.20%
FHLB 17.24%
FHLMC 4.13%
FNMA 7.86%
LAIF 48.61%
TSY 7.80%
Total 100%
Maturity Distribution by Maturity Date
Years Market Value
0-1 $ 98,870,366
1-2 $ 16,973,130
2-3 $ 35,299,210
3-4 $ 14,874,350
4-5 $ 22,536,200
Total $ 188,553,256
Investments at Market Value by Maturity Date
As of July 31, 2026
City of Cypress
$2.2
$24.9
$32.5
$7.8
$14.8
$91.7
$14.7
$-
$20
$40
$60
$80
$100
Cash FFCB FHLB FHLMC FNMA LAIF TSY Market ValueMillions Investment Type
$98.9
$17.0
$35.3
$14.9
$22.5
$-
$20
$40
$60
$80
$100
$120
0-1 1-2 2-3 3-4 4-5 Market Value Millions
Years
Note
No. To/From Purpose Issue Date
Scheduled
Maturity
Date
Interest
Rate
Authorized
Amount
Total
Advances
Repayments
to Date
Note
Principal
Outstanding
1 CRPD/City Lexington Park Construction 2/8/2021 6/30/2030 2% 12,800,000 $ 12,293,975 $ 9,109,308 $ 3,184,667 $ 2 CRPD/City Arnold Cypress Park Construction 11/13/2023 6/30/2045 2% 33,500,000 $ 32,336,574 $ 1,548,801 $ 30,787,773 $ $ 33,972,440
1 2
City of Cypress
Beginning June 30, 2025, the CRPD will repay $2 million annually (including principal and interest) from available CRPD property taxes over the next 20 years.

Interfund Investments
As of July 31, 2026
Total Interfund Investments
The Lexington Park note is being repaid with park development fees as they become available. Effective July 1, 2025, the maturity date of the note was extended to June 30, 2030 with an interest rate of 2%.

Fund Type Issuer Maturity Date
One-Year
Return * Cost Amount Current Market Value
PARS Public Agencies Post-Employment Benefits Trust
Trustee: Public Agency Retirement Services (PARS)
Section 115 Trust Pension Trust Various Open 12.16% $ 28,970,000.00 $ 41,625,366.93 $ 28,970,000.00 $ 41,625,366.93
* 12-month period ending with the current month.

City of Cypress
PARS Pension Trust
Total Cash and Investments Held in Trust
Summary of Cash and Investments Held in Trust
As of July 31, 2026
$-
$10.00
$20.00
$30.00
$40.00
$50.00 Millions
7/31/2024 7/31/2025 7/31/2026
Cost Amount 27,390,000.00 28,890,000.00 28,970,000.00
Market Value 32,820,997.77 37,176,773.66 41,625,366.93
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Stephanie Sikkema, Director of Finance and Administrative Services DATE: 08/25/2026
SUBJECT: Amend Agreement with Tyler Technologies. Inc.

RECOMMENDATION
Authorize the City Manager to amend the existing agreement with Tyler Technologies, Inc. by executing sales quotations to add Time & Attendance, Dynamic & State Reporting, Miscellaneous Billing & Receivables, and Bank Reconciliation services.

DISCUSSION
The City uses Tyler Technologies’ New World ERP system as its primary financial management platform. As part of ongoing operational modernization efforts, staff explored options for implementing an electronic timekeeping solution to replace the City’s manual, paper-based process.

The original plan was to release a competitive Request for Proposals (RFP). However, staff learned during early research that Tyler Technologies already offers an integrated electronic timekeeping solution that fully interfaces with the existing New World ERP environment. This interface allows real-time data “push and pull” between the payroll module and the electronic timekeeping software without the need for custom integration, third-party vendors, or additional middleware.

Because the City’s current financial system already supports seamless integration with these tools, pursuing a competitive bid would not be beneficial and could introduce unnecessary compatibility risks, additional vendor management responsibilities, and higher long-term costs. Therefore, staff recommends proceeding with the Tyler product.

During cost analysis, it was determined that the total cost of adding the timekeeping module is under the previously anticipated budget. Because of this savings, staff recommends adding three additional modules that will immediately improve efficiency and strengthen financial controls:

Dynamic Reporting: Provides robust, real-time financial and operational reporting tools. This will improve decision-making, enhance transparency, and reduce staff time tools. This will improve decision-making, enhance transparency, and reduce staff time currently spent manually compiling reports.

Miscellaneous Billing & Receivables: Generates custom miscellaneous bills and tracks past-due accounts and generates aging reports to guide collection efforts.

Bank Reconciliation: Automates reconciliation processes between the City’s financial records and bank statements, reducing manual workload and improving accuracy and audit readiness.

The attached contract amendment with Tyler Technologies includes all of these modules to help modernize the City’s financial management processes.

BUDGET IMPACT
The FY2026-27 budget included $60,000 for a new timekeeping system. The total one-time cost of the additional modules is $56,694, within the approved budget for financial system enhancements. No additional appropriations are required at this time. Recurring maintenance fees total $16,736.

Description Total One-Time Recurring Fees
Time & Attendance 29,789 14,161
Dynamic & State Reporting 6,120 535
Bank Reconciliation 9,180 802
Miscellaneous Billing & Receivables 11,605 1,238
Total $56,694 $16,736
Budget $60,000
(Over)/Under Budget $3,306
LEGAL REVIEW
The City Attorney has reviewed this staff report and approved the sales quotations as to form.

APPROVED BY: Shannon DeLong, City Manager
Attachments
Tyler Sales Quotations
2024-464455-V6M6P2 CONFIDENTIAL Page 1
Quoted By: Summer Zwarun
Quote Expiration: 12/31/26
Quote Name: Cypress CA _ Time &
Attendance (NWERP SaaS)
Billing Address:

Cypress, Ca
5275 Orange Ave
Cypress CA 90630-2957
Tyler Annual Software - SaaS
Description Annual
New World ERP
Time & Attendance
Time & Attendance $ 12,099.00
Sub-Total $ 12,099.00
Less Discount: $ 1,210.00
TOTAL $ 10,889.00
2024-464455-V6M6P2 CONFIDENTIAL Page 2
Hourly Services
Description Hours Price
New World ERP
Time & Attendance
Time & Attendance Implementation Fees 96 $ 16,800
TOTAL 96 $ 16,800
Fixed Fee Services
Description Units Price Maintenance
New World ERP
Time & Attendance
Project Management 1 $ 2,100 $ 0
TOTAL $ 2,100 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 10,889.00
Total Tyler Services $ 18,900.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 18,900.00 $ 10,889.00
Contract Total $ 29,789.00
2024-464455-V6M6P2 CONFIDENTIAL Page 3
Comment
Any acquisition of clocks and/or clock maintenance is subject to the following terms:

Time & Attendance Clock Terms (tylertech.com)
Time & Attendance includes the New World ERP Time and Attendance Web API endpoints.

Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. o Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at then-current rates.
o o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and material basis. " o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where Project Planning Services are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment. • Expenses associated with onsite services are invoiced as incurred. 2024-464455-V6M6P2 CONFIDENTIAL Page 4
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:
2026-608607-Z4P0T8 CONFIDENTIAL Page 1
Quoted By: Summer Zwarun
Quote Expiration: 10/20/26
Quote Name: Cypress CA _ Dynamic
Reporting NWERP
Billing Address:

Cypress, Ca
5275 Orange Ave
Cypress CA 90630-2957
Tyler Software
Description License Fees
Annual
Maintenance
New World ERP
Financials
Dynamic & State Reporting $ 3,300 $ 594.00
Sub-Total $ 3,300.00 $ 594.00
Less Discount: $ 330.00 $ 59.00
TOTAL $ 2,970.00 $ 535.00
2026-608607-Z4P0T8 CONFIDENTIAL Page 2
Hourly Services
Description Hours Price
New World ERP
Financials
Dynamic & State Reporting 16 $ 2,800
TOTAL 16 $ 2,800
Fixed Fee Services
Description Units Price Maintenance
New World ERP
Other Services
Project Management 1 $ 350 $ 0
TOTAL $ 350 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 2,970.00 $ 535.00
Total SaaS $ 0.00 $ 0.00
Total Tyler Services $ 3,150.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 6,120.00 $ 535.00
2026-608607-Z4P0T8 CONFIDENTIAL Page 3
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. o Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at then-current rates.
o o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and material basis. " o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where Project Planning Services are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment. • Expenses associated with onsite services are invoiced as incurred.

Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held 2026-608607-Z4P0T8 CONFIDENTIAL Page 4
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:
2026-630452-Q5Z5M9 CONFIDENTIAL Page 1
Quoted By: Summer Zwarun
Quote Expiration: 2/1/27
Quote Name: Miscellaneous Billing NWERP
Billing Address:

Cypress, Ca
5275 Orange Ave
Cypress CA 90630-2957
Tyler Software
Description License Fees
Annual
Maintenance
New World ERP
Financials
Misc Billing & Receivables $ 7,645 $ 1,376.00
Sub-Total $ 7,645.00 $ 1,376.00
Less Discount: $ 765.00 $ 138.00
TOTAL $ 6,880.00 $ 1,238.00
2026-630452-Q5Z5M9 CONFIDENTIAL Page 2
Hourly Services
Description Hours Price
New World ERP
Financials
Misc Billing & Receivables 24 $ 4,200
TOTAL 24 $ 4,200
Fixed Fee Services
Description Units Price Maintenance
New World ERP
Other Services
Project Management 1 $ 525 $ 0
TOTAL $ 525 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 6,880.00 $ 1,238.00
Total SaaS $ 0.00 $ 0.00
Total Tyler Services $ 4,725.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 11,605.00 $ 1,238.00
2026-630452-Q5Z5M9 CONFIDENTIAL Page 3
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. o Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at then-current rates.
o o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and material basis. " o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where Project Planning Services are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment. • Expenses associated with onsite services are invoiced as incurred.

Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held 2026-630452-Q5Z5M9 CONFIDENTIAL Page 4
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:
2026-628062-P4V4X7 CONFIDENTIAL Page 1
Quoted By: Summer Zwarun
Quote Expiration: 1/20/27
Quote Name: Cypress CA _ Bank Rec
NWERP
Billing Address:

Cypress, Ca
5275 Orange Ave
Cypress CA 90630-2957
Shipping Address:

City Of Cypress
Po Box 609
Cypress CA 90630-0609
Tyler Software
Description License Fees
Annual
Maintenance
New World ERP
Financials
Bank Reconciliation $ 4,950 $ 891.00
Sub-Total $ 4,950.00 $ 891.00
Less Discount: $ 495.00 $ 89.00
TOTAL $ 4,455.00 $ 802.00
2026-628062-P4V4X7 CONFIDENTIAL Page 2
Hourly Services
Description Hours Price
New World ERP
Financials
Bank Reconciliation 24 $ 4,200
TOTAL 24 $ 4,200
Fixed Fee Services
Description Units Price Maintenance
New World ERP
Other Services
Project Management 1 $ 525 $ 0
TOTAL $ 525 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 4,455.00 $ 802.00
Total SaaS $ 0.00 $ 0.00
Total Tyler Services $ 4,725.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 9,180.00 $ 802.00
2026-628062-P4V4X7 CONFIDENTIAL Page 3
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. o Implementation and other professional services fees shall be invoiced as delivered. o Client has six months to use the services. If Client does not use the services within six months, Tyler may remove the unused services or issue a new quote to provide services at then-current rates.
o o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and material basis. " o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where Project Planning Services are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment. • Expenses associated with onsite services are invoiced as incurred.

Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held 2026-628062-P4V4X7 CONFIDENTIAL Page 4
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Christopher Wong, Business Development Manager
DATE: 08/25/2026
SUBJECT: Confirm Approval of Amendment Seven to the Cooperation Agreement with the County of Orange for Continued Participation in the Urban County Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs for Fiscal Years 2027-2028 through 2029-2030

RECOMMENDATION
Confirm the City Council's approval of Amendment Seven to the Cooperation Agreement between the County of Orange and the City of Cypress for continued participation in the Urban County CDBG and HOME Programs for Fiscal Years 2027-2028 through 2029-2030; and

1. Authorize the Director of Community Development to execute Amendment Seven to the Cooperation Agreement.

2. DISCUSSION
On July 14, 2026, the City Council approved Amendment Seven to the Cooperation Agreement with the County of Orange for the City's continued participation in the Urban County CDBG and HOME Programs, which allows the City to remain eligible for future CDBG, HOME, and Emergency Solutions Grant (ESG) funding.

Following the meeting, it was determined that the Recommended Action in the July 14 staff report inadvertently referenced adoption of a resolution. The County has confirmed that a resolution is not required and requires only the executed Amendment Seven. Staff is returning this item to clarify the Council's action without reference to a resolution and ensure the record accurately reflects approval of Amendment Seven.

BUDGET IMPACT
No additional fiscal impact.

LEGAL REVIEW
The City Attorney has reviewed the amendment.

APPROVED BY: Shannon DeLong, City Manager
Attachments
Amendment Seven to Cooperation Agreement

Page 1 of 6 ends

AMENDMENT SEVEN TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF CYPRESS
This Amendment Number SEVEN (hereinafter “Amendment SEVEN”) is made and entered into by the County of Orange, a political subdivision of the State of California, (“COUNTY”) and CITY OF CYPRESS, a municipal corporation, (“CITY”), UEI number NSLVQKY77AG4 which are sometimes individually referred to as “Party” or collectively referred to as “Parties”, and is effective as of July 1, 2027, hereinafter referred to as “EFFECTIVE DATE”.

WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT “Small-City” (hereinafter, as amended, “Original Agreement” or “Agreement”) for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment FIVE, effective as of July 1, 2021; and
WHEREAS, the Original Agreement was amended by Amendment SIX, effective as of July 1, 2024; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice CPD-26-08 allows “automatic” renewals for one successive three year Urban County qualification period provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on June 26, 2026; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the CITY’s City Manager and the COUNTY’s Director of Orange County Community Resources have been duly authorized by their City Council and Board of Supervisors, respectively, to execute this Amendment SEVEN; and

Page 2 of 6 ends

WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.

NOW, THEREFORE, the Parties hereby agree as follows:

I. Modifications to the Original Agreement

1. Section 2 of the Original Agreement is amended in its entirety as follows:
“COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (“CDBG”), Home Investment Partnership (“HOME”) and Emergency Solutions Grant (“ESG”) Program funds appropriated for Fiscal Years 2027-2028, 2028-2029 and 2029-2030 and from any program income generated from the expenditure of such funds.”

2. Section 9 of the Original Agreement is amended and shall read as amended in its entirety as follows:
“This Agreement shall cover the three-year program period for Fiscal Years 2027-2028, 2028-2029 and 2029-2030, respectively of CDBG, HOME and ESG programs, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either Party before June 30, 2030, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect.”

3. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 26-08, this Agreement will renew automatically for participation in one successive three-year Urban County qualification period (July 1, 2030 to June 30, 2033) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the termination notice must be sent to HUD Field Office by the date specified on the HUD Exchange Urban Counties website. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD’s Urban County Qualification Notice for the next qualification period. A copy of the County’s notification must be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.”

4. Section 11 of the Original Agreement is amended to read:
“CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) when applicable and to submit such amendments to HUD. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, and

Page 3 of 6 ends

to submit such amendment to HUD, this Agreement will be voided for such qualification period.”

5. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
“d. This Agreement covers the following formula funding programs administered by HUD: CDBG, HOME, and ESG, and CITY may receive a formula allocation under the HOME and ESG Programs only through the COUNTY. This does not preclude the COUNTY or the CITY from applying for HOME or ESG funds from the State, if the State allows.”

6. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before June 2027 the notification from HUD that CITY has qualified as a “Metropolitan City” or an “Entitlement City” prior to the completion of the re-qualification process for Fiscal Years 2027-2028, 2028-2029, and 2029-2030. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a “Metropolitan City” or become an “Entitlement City” as a separate entity. If this Agreement is not voided, then CITY must participate in COUNTY’s Urban County for the entire three-year qualification period (FYs 2027/2028 through 2029/2030).”
II. Additional Agreements
The terms of the Additional Agreements in the Original Agreement are hereby amended as follows:

1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the CITY, as approved and authorized between the Parties in the CDBG agreements, including the Consolidated Plan.

2. The CITY understands and agrees that it may not apply for grants under the State CDBG Program for the fiscal years during the period in which the CITY participates in the COUNTY’s CDBG Program. The COUNTY agrees that the CDBG funds that the CITY is entitled to will be utilized to benefit the CITY.

3. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY’S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with:
a. Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR Part 1;
b. The Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing including the obligations set forth in 24 CFR 91.225(a) and 5.105(a); and c. Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973 and the implementing regulations

Page 4 of 6 ends

at 24 CFR Part 8, Title II of the Americans with Disabilities Act of 1974 and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975 and the implementing regulations at 24 CFR Part 146, Section 3 of the Housing and Urban Development Act of 1968, Uniform Relocation and Real Property Policies Act of 1970 and the implementing regulations at 49 CFR Part 24, Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CFR Part 425, and all other applicable laws and regulations. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’S actions to comply with the COUNTY’S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e., the urban 14 county) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.

4. The CITY, COUNTY, and all other applicable units of general local government, may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.

5. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment SEVEN, remain unchanged and in full force and effect.

Page 5 of 6 ends

IN WITNESS WHEREOF, CITY has caused this Amendment SEVEN to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment SEVEN to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.

ATTEST:

City of Cypress, a municipal
Corporation in the State of California
By: By:

Name: Alicia Velasco Name: Lisa Berglund
Title: Director of Community Development Title: City Clerk Date: Date:

COUNTY OF ORANGE, a political
subdivision of the State of California
By:

Dylan Wright, Director
Orange County Community Resources
Date:

Page 6 of 6 ends

////////////////////////////////////////////////////////////////////////////////////////////

ORIGINAL AGREEMENT, AS AMENDED, APPROVED AS TO FORM AND REQUIRED COUNTY COUNSEL OPINION STATEMENT:

The terms and provisions of the Original Agreement, including this Amendment SEVEN, are fully authorized under State and local law and the Agreement provides full legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities within the CITY’s jurisdiction.

Office of the County Counsel
Deputy County Counsel Dated
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Nick Mangkalakiri, Director of Public Works
DATE: 08/25/2026
SUBJECT: Approve Plans and Specifications and Award Veterans Park Sports Court, Project 362

RECOMMENDATION

1. Approve Plans and Specifications for the Veterans Park Sports Court, Project 362;

2. Award a contract to MDJ Management, LLC, for $521,319.85, and authorize a contingency of $78,200, and authorize the City Manager to execute the contract agreement;

3. Award a task order for Construction Inspection Services to FCG Consultants, Inc. for $70,735.76, and authorize a contingency of $10,600; and

4. Adopt a resolution approving a budget amendment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

DISCUSSION
The FY 2024-25 Capital Improvement Program included a project to replace the basketball court at Veterans Park. The basketball court is original to the park, constructed more than 30 years ago, and is due for upgrades and modernization. The existing two half-court layout will be replaced with one new full-size basketball court to provide a more functional recreational facility for park users and future programs. Additional improvements include replacing the adjacent volleyball court sand, installing an accessible path of travel from the parking lot, and adding a drinking fountain, benches, and trash receptacles.

Public Works recommends Sourcewell ezIQC, an Indefinite Delivery, Indefinite Quantity (IDIQ) procurement process, for the project. Sourcewell competitively bids for projects involving the repair, alteration, modernization, and rehabilitation of infrastructure and facilities. Both the California Government Code and Cypress Municipal Code Section 21A-10(e) allow for cooperative purchasing agreements, enabling public entities to benefit from shared contracting efforts. This process has been utilized for several Capital Improvement Projects, including the Veterans Park Picnic Pavilion Reconstruction, Community Center Roof Replacements, City Hall and Police Department Roof Replacement, and Veterans Park Restroom Renovations.

Using Sourcewell's competitively-bid prices, MDJ submitted a proposal of $521,319.85. MDJ comes highly recommended, recently completed the Veterans Park Restroom Renovation, and has completed similar projects for other agencies in Southern California.

FCG Consultants, Inc., the City’s on-call construction management firm, will provide inspection services for this project. Construction is anticipated to begin in late-2026 and is expected to take approximately four months to complete. During construction, the picnic pavilion and public restrooms will remain open to the public.

The total project cost of $680,855.61 includes construction, inspection, and contingency and exceeds the adopted FY 2025–26 carryover budget allocation of $424,000. The original budget was based on preliminary estimates and the scope known at the time. As the project was further developed, unforeseen costs related to the inclusion of associated park amenities and a new accessible path of travel were identified. In addition, current market conditions and rising construction, material, and labor costs contributed to the higher-than-anticipated project cost.

BUDGET IMPACT
The Veterans Park Sports Court project is included in the City's Capital Improvement Program and is funded by the Recreation and Park District General Fund and Proposition 68 grant funds.

Estimated project costs, including inspection and labor, will not exceed $680,855.61. Of this amount, $415,878 will be funded through Proposition 68 grant funds, and a supplemental appropriation of $256,856 is required. Sufficient fund balance amounts are available in the Recreation and Park District General Fund to pay the additional $256,856.61. The overage is included in the attached resolution to amend the budget.

FY 25-26 Carryover Budget (includes $415,878 of Prop. 68 grant funds) $424,000.00 Construction Estimate (Includes Contingency) $599,519.85 Inspection (Includes Contingency) $81,335.76
Total Project Estimate $680,855.61
(Over)/Under Budget $(256,855.61)
LEGAL REVIEW
The City Attorney has reviewed this staff report and approved the agreement as to form.

APPROVED BY: Shannon DeLong, City Manager
Attachments
Contract Agreement
Sourcewell Contract Agreement
FCG Task Order
Resolution
01405.0006/857127.1 -1-
AGREEMENT FOR CONSTRUCTION SERVICES (ezIQC CONTRACTING)

BETWEEN CITY OF CYPRESS AND
MDJ Management, LLC
FOR
VETERANS PARK SPORTS COURT, PROJECT 362
THIS AGREEMENT FOR CONSTRUCTION SERVICES (“Agreement”) is made and entered into on ________________ (“Effective Date”), by and between the City of Cypress, a California municipal corporation and MDJ Management, LLC (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.” Contractor’s State License Number is 1044711 and DIR Registration Number is 1000061313.

RECITALS
A. Bids for the Project were received, publicly opened, and declared on the date specified in said notice, or as otherwise accepted and processed through those procedures and approvals authorized under the City of Cypress Municipal Code.

B. City accepted the bid of Contractor dated July 20, 2026 pursuant to legal requirements and selected Contractor for the Project.

C. City desires to retain Contractor, on an independent contractor basis, for the Project, as more particularly described below.

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

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

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

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
01405.0006/857127.1 -2-

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements (collectively referred to herein as the “services” or “work” hereunder) in the Contract Documents for VETERANS PARK SPORTS COURT, PROJECT 362 (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. By entering into this Agreement, Contractor acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, the Project Manager, architects, inspectors, engineers, or utilities.

As used herein, “Contract Documents” refers to all of the following documents, all of which are component parts of this Agreement as if herein set out in full or attached hereto:

A. Notice of Inviting Bids, Bid Forms & Instructions to Bidders B. Scope of Work, if any
C. Plans for the Project, if any
D. Project Construction Schedule
E. General Specifications and Provisions, if any
F. Special Provisions for the Project, if any
G. Standard Specifications
H. Technical Specifications
I. Addendum(s) as issued
J. Contractor’s Signed Bid Proposal and Information Required of Bidder K. Designated Subcontractors List, if any
L. Bid Bond, Performance Bond, Labor & Materials Payment Bond, and any other Bonds as required by this Agreement
M. Insurance Certificates and Written Endorsements
N. Notice to Proceed (issued by the City)
O. Notice of Completion (issued by the City at final completion of the project) 01405.0006/857127.1 -3-
P. Guaranty Form
Q. All Changes Orders properly authorized after execution of Agreement.

The Contract Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Contract Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

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

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a public work as defined in Labor Code section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code section 1771. Pursuant to Labor Code section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and on the DIR website at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state or federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the sum of $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
01405.0006/857127.1 -4-
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Labor Code section 1776; certify and make such payroll records available for inspection as provided by Labor Code section 1776; and inform the City of the location of the records.

Contractor shall submit all required reporting and records directly to the DIR. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code section 1861 and Section 5.1 and 5.2 of this agreement, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) 01405.0006/857127.1 -5-
of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Compliance with Law.

All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, state or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns shall not be liable at law or in equity for failure of Contractor to comply with this Section.

1.5 Licenses, Permits, Fees and Assessments.

Contractor has California State Contractor’s License Board License Classification B, No. 1044711 and shall maintain said license and obtain and maintain, at its sole cost and expense, such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different materially from those 01405.0006/857127.1 -6-
ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting Parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work.

Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4216 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

Pursuant to Government Code Sections 4216 through 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed.

Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been 01405.0006/857127.1 -7-
delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

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

1.11 Warranty.

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

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the 01405.0006/857127.1 -8-
City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

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

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless an authorized written change order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Compensation Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and City’s authorized representative, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to 15% of the Compensation Sum or any increase in the time to perform of up to 80 ☐calendar / ☒working days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Compensation Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. 01405.0006/857127.1 -9-
(d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Compensation Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.13 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Compensation Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amount of Five Hundred Twenty One Thousand, Three Hundred Nineteen and 85/100 Dollars ($521,319.85) asset forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference (“Compensation Sum”). Subject to any additions or deductions that may be made by Change Order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total compensation no greater than, including reimbursement of Contractor’s expenses, an amount not to exceed the contingency amount of Seventy Eight Thousand Two Hundred Dollars ($78,200.00) plus the Compensation Sum for a total of Five Hundred Ninety Nine Thousand, Five Hundred Nineteen and 85/100 Dollars ($599,519.85) (“Contract Sum”) for completion of the work.

2.2 Invoices.
(a) Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. (b) All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 01405.0006/857127.1 -10-

2.3 Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment generally within thirty (30) calendar days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.

In the event that City does not cause Contractor to be paid any progress payment within thirty (30) calendar days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) calendar days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. (b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) calendar days from completion of the work. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
01405.0006/857127.1 -11-
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.4 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) calendar days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention.

Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within 80 ☐calendar / ☒ working days (“Contract Time”) after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Contract Documents, and any revisions thereof approved by the City in writing. All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time periods, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Pursuant to Government Code section 53069.85, if work is not completed in strict compliance with Section 3.1 of this Agreement or in strict accordance with the schedule of performance provided by any schedule contained in or required to be provided by the Contract Documents (such deadlines collectively referred to herein as “Agreement Deadlines”), it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed that the Contractor and its sureties shall pay to the City the sum of $1,900.00 for each and every calendar day of delay beyond the completion date in Section 3.1 of this Agreement, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Contract Documents, or beyond the time indicated in the Contract Documents for any individual activity to be performed pursuant to the Agreement. Contractor expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Contract Documents. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Agreement Deadlines, a completion schedule, the Project schedule or the accrual of liquidated damages. In the event the same is not paid, the Contractor further agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This Section does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the City’s ability to seek 01405.0006/857127.1 -12-
other damages. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of a utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Section 3.1 and pursuant to this Agreement for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, (with the express exception of delays arising from the impact of COVID-19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if the Contractor shall within ten (10) calendar days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City. As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

Contractor’s ownership, management and licensing is tied to specific principal representatives (“Principals”) who are designated as Matt McMillon, President, (310) 490-1521, [email protected]. The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of the Project Manager. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify (and, as required by law, secure City approval in regards to subcontractors before 01405.0006/857127.1 -13-
changes in Contractor’s subcontractors, of) City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

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

4.3 Project Manager.

The Project Manager shall be designated by the City’s Director of Public Works or City Engineer. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works or City Engineer, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction. No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Contractor or any officer, employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Contractor shall indemnify, 01405.0006/857127.1 -14-
defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Contractor, or any officer, employee, agent, or subcontractor Contractor used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and in compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100, et seq.

Contractor shall be responsible for ensuring compliance by any subcontractor or lower tier subcontractor under it with this Agreement, all state and federal laws, codes and regulations, and municipal ordinances and regulations of City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be voidable at the option of City. No approved transfer shall release the Contractor, or any surety or insured of Contractor, of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, as marked by checkmark, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, and attorneys of City. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in 01405.0006/857127.1 -15-
substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation solely in regards to insurance coverage.
(a) ☒General liability insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses, and no less than $1,000,000 general aggregate, for bodily injury, personal injury and property damage, and a $1,000,000 completed operations aggregate. Contractor must maintain a policy of commercial general liability insurance for as long as there is a statutory exposure to completed operations claims. (b) ☒Automobile liability insurance. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(c) ☒Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California (statutory limits) as well as a policy of employer’s liability insurance (with limits of at least $1,000,000), which shall each indemnify, insure and provide legal defense for Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the work or services contemplated in this Agreement. In addition, Contractor shall require each subcontractor to similarly maintain a policy of worker’s compensation insurances and employer’s liability insurance in according with the laws of the State of California for all of the subcontractor’s employees. (d) ☐Builder’s Risk Insurance. Contractor shall maintain, from upon commencement of work and through the entire duration of the Project until only the City has an insurable interest, Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the Builder’s Risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and 01405.0006/857127.1 -16-
operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site. (e) ☐Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $[] per claim and in the aggregate.

All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (f) Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) “follow form” to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy.

5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Contractor has provided City with insurance certificates, endorsement forms and appropriate insurance binders, signed by a person authorized by the Insurer to bind coverage on its behalf, evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments; or, 2) City, 01405.0006/857127.1 -17-
notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Contractor shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(c) Additional Insureds. All of the above policies shall name City and its elected and appointed officers, employees, agents and designated volunteers (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for above policies, Contractor and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Contractor’s insurance. If Contractor maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or 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 and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein 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.
(e) Limitations, Self- Insured Retention and Deductibles. Contractor agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self- 01405.0006/857127.1 -18-
insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorneys’ fees, defense expenses and claims.
(f) Completed operations coverage. Completed operations coverage shall extend a minimum of three 1 year after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. (g) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of Article 5 of this Agreement. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

5.3 Indemnification.
(a) General Obligations. Contractor agrees, to the maximum extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement.

Contractor shall incorporate similar indemnity agreements as provided herein with its 01405.0006/857127.1 -19-
subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence, active negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence, active negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until either such time as a final judgment has been entered adjudicating, or agreement between the Parties is reached determining, City as solely negligent, actively negligent or responsible for willful misconduct.

Contractor will not be entitled in the absence of such a determination or agreement to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees and costs of litigation. In instances where City is shown to have been actively negligent and/or engaged in willful misconduct, and where City’s active negligence and/or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence and/or willful misconduct of City. City may offset against the amount of any fees due to Contractor under this Agreement 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 Section 5.2 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Contractor.

5.4 Notification of Third-Party Claims.

Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement, unless otherwise expressly provided in the bid documents, Contractor shall deliver to the City all of the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the Compensation Sum. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the Compensation Sum.

All bonds shall be on the applicable forms provided in Exhibit C and Exhibit D attached hereto and incorporated herein by this reference. The bonds shall each contain the original 01405.0006/857127.1 -20-
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Surety.

Bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation solely in regards to bond coverage.

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under both the forms of the applicable bond attached to this Agreement as well as Article 5 of this Agreement;
(b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, including but not limited to in accordance with the requirements of Labor Code section 1776, shall be complete and detailed, and shall be readily accessible. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access 01405.0006/857127.1 -21-
to such books and records in the event any audit is required. In accordance with Government Code section 8546.7 records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment. Contractor shall fully cooperate with the City in providing access to any and all Contractor books and records, and any other applicable documents, if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically submit written reports to the Project Manager concerning performance of the services, upon request, and/or as necessary for Project Manager to be informed of both performance of services as well as any decisions which must be made by City or Project Manager. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. 01405.0006/857127.1 -22-
(b) No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Default of Contractor.
(a) It is City's right to suspend or terminate this Agreement upon the occurrence of any of the following events by default of Contractor: (1) Contractor refuses or fails to perform the work required under this Agreement with diligence to ensure timely completion of the Project pursuant to Section 3.1; (2) Contractor fails to comply with the provisions of this Agreement; (3) Contractor violates any ordinance, regulation, state or federal law which applies to its performance under this Agreement; (4) Contractor files bankruptcy or otherwise becomes insolvent; (5) Contractor makes a general assignment for the benefit of creditors; (6) a trustee or receiver is 01405.0006/857127.1 -23-
appointed for the Contractor or his property; (7) Contractor repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; (8) Contractor has abandoned the work or the Project, and/or; (9) Contractor disregards proper directives of the architect, inspector, or Project Manager under the Contract Documents. It will be at City's sole discretion to allow Contractor to remedy each cause for the termination without waiving City's right to terminate this Contract or restricting any other right or remedy under this Contract or law. (b) In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) calendar days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. (c) Contractor shall be liable for damages sustained by City from the termination of the Agreement under this Section 7.2, including, but not limited to, all cost necessary for repair and completion of the work. City shall have the right to withhold monies otherwise payable to Contractor until the Project is complete. If City incurs additional costs, expenses, or other damages due to the failure of Contractor to perform the work pursuant to this Agreement, said expenditures shall be deducted from the amounts withheld (and if such deduction does not fully compensate City for said expenditures, then Contractor remains fully liable for the remaining balance owed to City). Should there be a balance of monies held after all expenses have been paid, the balance will be paid to Contractor upon completion of the Project.

7.3 Suspension or Termination.

The City may at any time, for any reason (including but not limited to for City’s convenience, environmental considerations, or when it is in the best interests of the City), with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) calendar days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion. Upon receipt of a termination notice, Contractor shall immediately discontinue the work and placement of orders for materials, facilities and supplies in connection with the performance of this Agreement, unless otherwise directed in the notice. Contractor shall promptly deliver to City all completed work, including plans, as-builts, forms, reports, and products. Any dispute regarding the amount owed to Contractor shall not diminish the right of City to receive and use such documents or materials. Contractor shall not be 01405.0006/857127.1 -24-
entitled to any claim or lien against City for any additional compensation or damages in the event of termination of this Agreement.

7.4 Dispute Resolution Process.

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 as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

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

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

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

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. 01405.0006/857127.1 -25-
(iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 calendar days of receipt of the City’s response or within 15 calendar days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.
(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calendar days after the City issues its written statement.

Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed 01405.0006/857127.1 -26-
portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
(i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
01405.0006/857127.1 -27-
(h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 calendar days, but no earlier than 30 calendar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both Parties. If the Parties fail to select a mediator within the 15- day period, either Party may petition the court to appoint the mediator. (ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other Party arising out of the trial de novo.

7.5 Waiver.

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

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

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of noncompliance with any requirement of this Agreement imposes no additional obligations on City nor 01405.0006/857127.1 -28-
does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

7.6 Rights and Remedies Are Cumulative.

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

7.7 Unfair Business Practices Claims.

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

7.8 Legal Action. In addition to any other rights or remedies, and as consistent with this Agreement and applicable law, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
01405.0006/857127.1 -29-

8.2 Conflict of Interest.

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

City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

Contractor shall require the foregoing covenants to be placed in agreements with all subcontractors.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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

9.2 Notices.

Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not 01405.0006/857127.1 -30-
limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the name and title of the Project Manager, at City of Cypress, 5275 Orange Ave Cypress CA 90630, and in the case of Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

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

9.6 Severability.

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

9.7 No Undue Influence.

Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive 01405.0006/857127.1 -31-
compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies for default in Section 7.2 and any and all remedies at law or equity.

9.8 Unauthorized Aliens.

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

9.9 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
01405.0006/857127.1 -32-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CYPRESS, a California municipal
corporation
Leo Medrano, Mayor
ATTEST:

Lisa Berglund, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
___________________, a ____________________
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Matthew McMillon
President
MDJ Management,LLC California limited liability company

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 202_ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 202_ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

EXHIBIT A
CONTRACTOR’S BID

SEE ATTACHED
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-MDJ
New Work Order
156155.00
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:

Cypress Sports Court Renovation
City of Cypress
Baruc Bravo
(714) 229-6747
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:

Renovation of the sports court.

Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $521,319.85
Owner Purchase Order Number:

Approvals
City of Cypress Date MDJ Management Date

2.00

Page 1 of 1 ends

7/20/2026
Work Order Signature Document

3.00 Detailed Scope of Work
To: Matt McMillon From: Baruc Bravo
MDJ Management
531 Main St #611
El Segundo, CA 90245
310-490-1521
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
(714) 229-6747
Work Order Number:

Date Printed: July 20, 2026
156155.00
Work Order Title: Cypress Sports Court Renovation
Brief Scope: Renovation of the sports court.

Preliminary Revised X Final
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
City of Cypress Date

Page 1 of 1 ends

7/20/2026
Scope of Work

4.00 Contractor's Price Proposal - Summary
Owner PO #:

Cypress Sports Court Renovation
156155.00
IQC Master Contract #: CA-R8-GB-101723-MDJ
Work Order #:

Title:

Re:

Date: July 20, 2026
Proposal Value:

Contractor: MDJ Management
$521,319.85
Phase 1 $470,336.33
Phase 2 $50,983.52
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.
$521,319.85
The Percentage of NPP on this Proposal: %

Page 1 of 1 ends

7/20/2026
Contractor's Price Proposal - Summary

5.00 Contractor's Price Proposal - Detail
Cypress Sports Court Renovation
156155.00
IQC Master Contract #: CA-R8-GB-101723-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: July 20, 2026
Proposal Value:

Contractor: MDJ Management
$521,319.85
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Phase 1
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 EA $10,124.40
Installation x x = 10,124.40
Quantity Unit Price Factor Total
9,204.00 1.00 1.1000
Bond $460,211 x 2%
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
2 HR $597.86
Installation x x = 597.86
Quantity Unit Price Factor Total

4.00 129.97 1.1500
(1) Guy, 4 hr minimum to safe off and cap electrical of single light pole footing removal 3 01 22 20 00 0010 0001 MOD For Foreperson, Add $29.90
Installation x x = 29.90
Quantity Unit Price Factor Total

4.00 6.50 1.1500
01 22 20 00 0096 Maintenance Plumber With Truck And ToolsThis task will be used specifically for maintenance service calls.
4 HR $4,595.40
Installation x x = 4,595.40
Quantity Unit Price Factor Total

20.00 199.80 1.1500
Sheet LI-1 Detail: Contractor to include $5k in bid for misc repairs for irrigation. 5 01 22 20 00 0096 0130 EA For Material Supplies On Each Service Call, Add $402.50 Installation x x = 402.50
Quantity Unit Price Factor Total

35.00 10.00 1.1500
01 22 23 00 0222 5 Ton, Single Smooth Drum, Ride-On Self-Propelled Vibratory Roller With Full-Time Operator
6 WK $14,884.73
Installation x x = 14,884.73
Quantity Unit Price Factor Total

2.00 6,471.62 1.1500
Meet compaction specification in plans
01 22 23 00 0288 2,000 To 2,400 Lb. Capacity, 72" Wide, Skid-Steer Loader With Full-Time Operator
7 MO $60,681.59
Installation x x = 60,681.59
Quantity Unit Price Factor Total

2.00 26,383.30 1.1500
Equipment Phase 1 Option 1
8 01 22 23 00 0296 WK Hydraulic Hammer Attachment For Skid-Steer Loaders $2,496.77 Installation x x = 2,496.77
Quantity Unit Price Factor Total

2.00 1,085.55 1.1500
Equipment
9 01 22 23 00 0300 MO Forklift Attachment For Skid-Steer Loaders $1,220.22 Installation x x = 1,220.22
Quantity Unit Price Factor Total

2.00 530.53 1.1500
Equipment

Page 1 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
10 01 22 23 00 0312 MO Auger Attachment For Skid-Steer LoadersExcludes bits and extensions $2,316.54 Installation x x = 2,316.54
Quantity Unit Price Factor Total

2.00 1,007.19 1.1500
Equipment
01 22 23 00 0315 Up To 18" Diameter, 4' Length, Auger Bit For Skid-Steer Mounted AugersExcludes auger attachment
11 MO $326.47
Installation x x = 326.47
Quantity Unit Price Factor Total

1.00 283.89 1.1500
Equipment
12 01 22 23 00 0414 MO 3,500 Lb. Capacity, Mini-Excavator With Full-Time Operator $28,823.43 Installation x x = 28,823.43
Quantity Unit Price Factor Total

1.00 25,063.85 1.1500
Equipment for trenching irrigation and electrical per plan 13 01 22 23 00 1669 MO 3,700 To 4,000 Gallon Water Truck With Full-Time Truck Driver $54,110.88 Installation x x = 54,110.88
Quantity Unit Price Factor Total

2.00 23,526.47 1.1500
Water Truck Dust Control
14 01 22 23 00 1669 0042 MOD For Equipment Without Operator, Deduct -$39,876.53 Installation x x = -39,876.53
Quantity Unit Price Factor Total

2.00 -17,337.62 1.1500
01 55 23 00 0002 Temporary Stabilized Construction Entrance AssemblyIncludes excavation of 30' x 14' x 6" deep pit, filter fabric at base and sides, filled with 3" rock, and compaction.
15 EA $1,845.21
Installation x x = 1,845.21
Quantity Unit Price Factor Total

1.00 1,604.53 1.1500
Erosion Control BMP Note 73
16 01 56 26 00 0035 EA 12' Wide, 6' High, Temporary Chain Link Fence Gate, Up To 6 Months $727.04 Installation x x = 727.04
Quantity Unit Price Factor Total

1.00 632.21 1.1500
Perimeter Temp Gate
17 01 56 26 00 0035 0085 MOD For Each LF Shade Cloth, Add $1,121.25 Installation x x = 1,121.25
Quantity Unit Price Factor Total

12.00 81.25 1.1500
18 01 56 26 00 0143 LF Temporary 6' High Chain Link Fence Panels (Portable), Up To 6 Months $8,098.88 Installation x x = 8,098.88
Quantity Unit Price Factor Total
750.00 9.39 1.1500
Perimeter Temp Fence for duration of project.
19 01 56 26 00 0143 0074 MOD For Each LF Shade Cloth, Add $2,199.38 Installation x x = 2,199.37
Quantity Unit Price Factor Total
750.00 2.55 1.1500
01 56 26 00 0158 Temporary Chain Link Fence Panels (Portable) SandbagIncludes placement and removal.
20 BAG $1,329.98
Installation x x = 1,329.98
Quantity Unit Price Factor Total
150.00 7.71 1.1500
2 bags per 10' panel
21 01 58 13 00 0018 EA Up To 8 SF, Full Color Design, Non-Reflectorized, MDO Plywood Sign $506.12 Installation x x = 506.12
Quantity Unit Price Factor Total

2.00 220.05 1.1500
LC-2 Detail G Park Signage

Page 2 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
22 01 58 13 00 0024 LF Galvanized Metal Channel Sign Posts $161.83 Installation x x = 161.83
Quantity Unit Price Factor Total

8.00 17.59 1.1500
LC-2 Detail G Park Signage
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.
23 EA $3,518.93
Installation x x = 3,518.93
Quantity Unit Price Factor Total

2.00 1,529.97 1.1500
Skid Steer, Articulating Boom
24 01 71 23 16 0019 ACR Survey Clear Area For Underground Utilities $3,001.95 Installation x x = 3,001.95
Quantity Unit Price Factor Total

0.37 7,055.10 1.1500
Survey and Locate Underground Mainline and Utilities to be protected, connections at water mains for irrigation.
01 74 19 00 0017 10 CY Low-Boy Dumpster "Concrete Or Asphalt Only"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Concrete or asphalt only.
25 EA $5,138.98
Installation x x = 5,138.98
Quantity Unit Price Factor Total

6.00 744.78 1.1500
Demo Item 1 Remove PCC and Dispose 2470sf
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.
26 EA $13,056.73
Installation x x = 13,056.73
Quantity Unit Price Factor Total

13.00 873.36 1.1500
Demo Item 2 Clear and Grub 7520sf
27 02 41 13 13 0033 SY >3" To 6" By Machine, Break-up And Remove Rod Reinforced Concrete Paving $1,942.49 Installation x x = 1,942.49
Quantity Unit Price Factor Total

46.00 36.72 1.1500
Demo Item 1 Remove PCC and Dispose 2470sf
02 41 16 13 0064 Concrete Footing Demolition For Fence, Gate Or Playground Equipment Post, etc.Includes excavation.
28 CF $133.43
Installation x x = 133.43
Quantity Unit Price Factor Total

6.50 17.85 1.1500
Demo Electrical Pole Footing, minimum 2'
29 03 11 13 00 0009 LF Up To 6" High Slab Edge and Block-Out Wood Formwork $2,043.37 Installation x x = 2,043.37
Quantity Unit Price Factor Total
268.00 6.63 1.1500
6" slabform work for basketball court 50'x84'
30 03 11 13 00 0009 LF Up To 6" High Slab Edge and Block-Out Wood Formwork $5,146.54 Installation x x = 5,146.54
Quantity Unit Price Factor Total
675.00 6.63 1.1500
4" curved slabform work for walk path
31 03 11 13 00 0009 0003 For Curved Formwork, Add $1,140.80 Installation x x = 1,140.80
Quantity Unit Price Factor Total
400.00 2.48 1.1500

Page 3 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
32 03 15 16 00 0006 LF 1/2" x 1" Polyurethane Expansion Joint, Poured, 2 Parts $1,264.49 Installation x x = 1,264.49
Quantity Unit Price Factor Total
196.00 5.61 1.1500
LC-2 Detail A Expansion Joints
33 03 31 13 00 0003 SF 4" 3,000 PSI Slab On Grade Concrete Slab Assembly $33,913.79 Installation x x = 33,913.79
Quantity Unit Price Factor Total
3,295.00 8.95 1.1500
Install per plan SF-1, 4" slab 3250psi
34 03 31 13 00 0003 0148 For 3,500 PSI Concrete, Add $303.14 Installation x x = 303.14
Quantity Unit Price Factor Total
3,295.00 0.08 1.1500
35 03 31 13 00 0003 0157 For >2,000 To 5,000, Add $2,538.80 Installation x x = 2,538.80
Quantity Unit Price Factor Total
3,295.00 0.67 1.1500
36 03 31 13 00 0005 SF 6" 3,000 PSI Slab On Grade Concrete Slab Assembly $52,743.60 Installation x x = 52,743.60
Quantity Unit Price Factor Total
4,200.00 10.92 1.1500
Install per plan SF-2, 6" slab 3250psi
37 03 31 13 00 0005 0148 For 3,500 PSI Concrete, Add $531.30 Installation x x = 531.30
Quantity Unit Price Factor Total
4,200.00 0.11 1.1500
38 03 31 13 00 0005 0157 For >2,000 To 5,000, Add $3,864.00 Installation x x = 3,864.00
Quantity Unit Price Factor Total
4,200.00 0.80 1.1500
03 31 13 00 0038 >6", By Concrete Pump, Place 3,000 PSI Concrete Slab On GradeExcludes pumping equipment.
39 CY $20,467.75
Installation x x = 20,467.75
Quantity Unit Price Factor Total

78.00 228.18 1.1500
Install per plan SF-2, 6" slab 3250psi
40 03 31 13 00 0038 0029 For 3,500 PSI Concrete, Add $888.03 Installation x x = 888.03
Quantity Unit Price Factor Total

78.00 9.90 1.1500
03 31 13 00 0038 >6", By Concrete Pump, Place 3,000 PSI Concrete Slab On GradeExcludes pumping equipment.
41 CY $10,758.69
Installation x x = 10,758.69
Quantity Unit Price Factor Total

41.00 228.18 1.1500
Install per plan SF-1, 4" slab 3250psi
42 03 31 13 00 0038 0029 For 3,500 PSI Concrete, Add $466.79 Installation x x = 466.79
Quantity Unit Price Factor Total

41.00 9.90 1.1500
43 03 37 16 00 0002 HR 55' To 60' Boom Truck For Concrete Placement95 CY per hour rating $2,504.24 Installation x x = 2,504.24
Quantity Unit Price Factor Total

8.00 272.20 1.1500
Install per plan SF-1, 4" slab 3250psi
44 03 37 16 00 0002 HR 55' To 60' Boom Truck For Concrete Placement95 CY per hour rating $2,504.24 Installation x x = 2,504.24
Quantity Unit Price Factor Total

8.00 272.20 1.1500
Install per plan SF-2, 6" slab 3250psi

Page 4 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
45 11 68 13 00 0713 EA Gorilla Bench Inground (GameTime 28044) $13,741.01 Installation x x = 13,741.01
Quantity Unit Price Factor Total

6.00 1,991.45 1.1500
SF-1 Players Bench (2ea) Detail C Sheet LC-2 (3) Locations 11 68 23 13 0006 42" x 72" Rectangular Fully Tempered Glass Basketball Backboard With Steel Frame (Porter Athletic 00204-000)Includes perimeter and target markings.

Excludes pole and goal.
46 EA $3,471.37
Installation x x = 3,471.37
Quantity Unit Price Factor Total

2.00 1,509.29 1.1500
LC-3 GOALSETTER LAUNCH PRO
BASKETBALL HOOP WITH 6" X
6" TELESCOPIC POLE,
CONSISTENT 4' OVERHANG,
AND 72" X 42" ACRYLIC
BACKBOARD.
11 68 23 13 0012 5-9/16" Bent Post Galvanized Steel Pole With 6' Extension Style, Aluminum Backboard, Double Rim Goal And Nylon Net Basketball System (Porter Athletic 00176-230)
47 EA $10,090.19
Installation x x = 10,090.19
Quantity Unit Price Factor Total

2.00 4,387.04 1.1500
LC-3 Basketball Court Hoop Detail
48 22 47 13 00 0096 EA Hi-Lo Pedestal Style Drinking Fountain (Haws Model 3500) $8,726.22 Installation x x = 8,470.77
Quantity Unit Price Factor Total

1.00 7,365.89 1.1500
Demolition 1.00 x 222.13 x 1.1500 = 255.45
Install per plan SF-2 LC-1, Model GYQ85,
Demo 5 Remove and Salvage to Owner
26 01 20 91 0003 Lock Out/Tag Out Breaker Or Motor StarterExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 49 EA $54.21
Installation x x = 54.21
Quantity Unit Price Factor Total

1.00 47.14 1.1500
safe off and cap electrical of single light pole footing removal 50 31 05 16 00 0027 CY Graded Aggregate Base Fill (3/4" Minus) Class II Base $3,299.93 Installation x x = 3,299.93
Quantity Unit Price Factor Total

50.00 57.39 1.1500
Detail B Sheet LC-2 Class 2 Base
51 31 11 00 00 0017 CY Machine Loading Of Cleared And Grubbed Material $2,787.12 Installation x x = 2,787.12
Quantity Unit Price Factor Total
186.00 13.03 1.1500
Demo Item 2 Clear and Grub 7520sf
31 23 16 33 0009 Cutting, Shaping and Rough Grading Existing Elevations For Bulk Excavation by Machine
52 CY $1,719.76
Installation x x = 1,719.76
Quantity Unit Price Factor Total
186.00 8.04 1.1500
Demo Item 2 Clear and Grub 7520sf
31 23 16 36 0003 Excavation For Building Foundations And Other Structures By Skid-Steer Loader In Soil
53 CY $2,295.15
Installation x x = 2,295.15
Quantity Unit Price Factor Total
186.00 10.73 1.1500
Demo Item 2 Clear and Grub 7520sf
54 31 23 16 36 0003 0016 For >50 To 250, Add $917.63
Installation x x = 917.63
Quantity Unit Price Factor Total
186.00 4.29 1.1500

Page 5 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, etc.
55 CY $826.85
Installation x x = 826.85
Quantity Unit Price Factor Total

50.00 14.38 1.1500
Detail B Sheet LC-2 Class 2 Base
56 31 23 16 36 0021 0023 For >20 To 50, Add $620.43
Installation x x = 620.43
Quantity Unit Price Factor Total

50.00 10.79 1.1500
57 31 23 16 36 0024 SY Rough Grading For Building Foundations And Other Structures by Machine $1,321.97 Installation x x = 1,321.97
Quantity Unit Price Factor Total
833.00 1.38 1.1500
Rough Grading 7495sf
58 31 23 16 36 0025 SY Finish Grading For Building Foundations And Other Structures by Machine $2,136.23 Installation x x = 2,136.23
Quantity Unit Price Factor Total
833.00 2.23 1.1500
Finish Grading 7495sf
59 31 25 14 23 0011 BAG 30 Lb. Capacity Gravel Bag With Gravel $4,553.08 Installation x x = 4,553.08
Quantity Unit Price Factor Total
560.00 7.07 1.1500
Erosion Control BMP Note 71 Assume 2' bag, perimeter cover 560LF, two course high per detail for erosion control
31 25 14 26 0015 41" Total Height Super Silt Fence, 8" Below Ground, Galvanized Chain Link, With 2-1/2" Posts, 10' On Center With Geotextile Fabric Attached 60 LF $8,771.28
Installation x x = 8,771.28
Quantity Unit Price Factor Total
560.00 13.62 1.1500
Erosion Control BMP Note 74 Silt Fence per Detail Erosion Control 61 31 25 14 26 0017 LF Removal Of Silt Fence And Stakes $669.76 Installation x x = 669.76
Quantity Unit Price Factor Total
560.00 1.04 1.1500
Erosion Control BMP Note Silt Fence per Detail Erosion Control 31 37 13 00 0008 3/8 To 1/4 CY Pieces Random, Dumped From Truck, Machine Spread And Placed Slope Protection (Keyed) Rip Rap
62 CY $176.27
Installation x x = 176.27
Quantity Unit Price Factor Total

1.00 153.28 1.1500
Construct Un Grouted Rip-Rap per detail Sheet 5
63 31 63 36 00 0004 EA >24" Diameter Hole, Drilling Mobilization $1,597.48 Installation x x = 1,597.48
Quantity Unit Price Factor Total

1.00 1,389.11 1.1500
Footing Drill
64 31 63 36 00 0012 LF 30" Diameter, Up To 24' Depth, Drilled/Augered Hole $653.40 Installation x x = 653.40
Quantity Unit Price Factor Total

4.50 126.26 1.1500
LC-2 Detail E Drinking Fountain Sump
65 31 63 36 00 0012 LF 30" Diameter, Up To 24' Depth, Drilled/Augered Hole $1,742.39 Installation x x = 1,742.39
Quantity Unit Price Factor Total

12.00 126.26 1.1500
Basketball Hoop Footing
66 32 16 13 19 0002 LF 2' Wide Cast In Place Concrete Valley Gutter, 6" Thick $3,328.73 Installation x x = 3,328.73
Quantity Unit Price Factor Total
115.00 25.17 1.1500
24" wide gutter per detail on sheet 5

Page 6 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
32 18 23 61 0004 Acid Etching Concrete Pre-Treatment For Plexipave® Athletic Surfacing System (California Products Plexipave® Concrete Preparer®), Per CoatFor previously uncoated portland cement concrete. Applied with broom. 67 SY $467.23
Installation x x = 467.23
Quantity Unit Price Factor Total
467.00 0.87 1.1500
LC-3 Detail A Basketball Court
32 18 23 61 0005 Two-Part, Water Based Epoxy Primer For Plexipave® Athletic Surfacing System (California Products Plexipave® Ti-Coat®), Per CoatFor new or uncoated portland cement concrete. Applied with a short nap phenolic roller. 68 SY $1,192.25
Installation x x = 1,192.25
Quantity Unit Price Factor Total
467.00 2.22 1.1500
LC-3 Detail A Basketball Court
32 18 23 61 0008 100% Acrylic Emulsion Color Coating, Athletic Surfacing System (California Products Fortified Plexipave®), First CoatIncludes ultra fine silica sand.

Applied with rubber squeegee.
69 SY $1,836.71
Installation x x = 1,836.71
Quantity Unit Price Factor Total
467.00 3.42 1.1500
LC-3 Detail A Basketball Court
70 32 18 23 61 0008 0552 For US Open Blue, Add $982.80
Installation x x = 982.80
Quantity Unit Price Factor Total
467.00 1.83 1.1500
32 18 23 61 0009 100% Acrylic Emulsion Color Coating, Athletic Surfacing System (California Products Fortified Plexipave®), Second CoatIncludes ultra fine silica sand.

Applied with rubber squeegee.
71 SY $1,514.48
Installation x x = 1,514.48
Quantity Unit Price Factor Total
467.00 2.82 1.1500
LC-3 Detail A Basketball Court
72 32 18 23 61 0009 0554 For US Open Blue, Add $703.54
Installation x x = 703.54
Quantity Unit Price Factor Total
467.00 1.31 1.1500
32 18 23 61 0010 100% Acrylic Emulsion Color Coating, Athletic Surfacing System (California Products Fortified Plexipave®), Third CoatPrice per coat for third or additional coats. Includes ultra fine silica sand. Applied with rubber squeegee. 73 SY $1,331.88
Installation x x = 1,331.88
Quantity Unit Price Factor Total
467.00 2.48 1.1500
LC-3 Detail A Basketball Court
74 32 18 23 61 0010 0556 For US Open Blue, Add $547.79
Installation x x = 547.79
Quantity Unit Price Factor Total
467.00 1.02 1.1500
32 18 23 61 0011 Non-Textured, 100% Acrylic Emulsion Color Coating Finish, Athletic Surfacing System (California Products Plexipave® Plexichrome®), Per CoatNon-textured finish coat over Plexipave® for faster playing surfaces. Applied with rubber squeegee followed by wide hair-type push broom.
75 SY $1,326.51
Installation x x = 1,326.51
Quantity Unit Price Factor Total
467.00 2.47 1.1500
LC-3 Detail A Basketball Court
76 32 18 23 61 0011 0558 For US Open Or Australian Open Blue, Add $692.79 Installation x x = 692.79
Quantity Unit Price Factor Total
467.00 1.29 1.1500

Page 7 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
32 18 23 61 0013 Tennis Or Basketball Court Line Striping For Athletic Surfacing System, Per SY Of Court (California Products Plexipave® Hi-Hide Plexicolor®)Textured or non-textured highly reflective line marking paint.
77 SY $934.47
Installation x x = 934.47
Quantity Unit Price Factor Total
467.00 1.74 1.1500
LC-3 Detail A Basketball Court
78 32 31 13 13 0021 VLF 2-1/2" Diameter, Concrete Fill For Post Hole $120.61 Installation x x = 120.61
Quantity Unit Price Factor Total

12.00 8.74 1.1500
Basketball Hoop Footing
32 33 23 00 0022 21" Diameter x 39" High Dome Top Trash Container Perforated Round Steel Pipe
79 EA $7,962.60
Installation x x = 7,962.60
Quantity Unit Price Factor Total

4.00 1,731.00 1.1500
Model SC55-02-HTR, SF-3 Trash Receptacle = 2 EA
SF-4 Recycling Receptacle = 2 EA
32 33 63 00 0003 Aluminum Fixed Angle Series Pieces, Skate StopperVarious shapes. Includes drilling and anchoring into suitable surface material.
80 EA $995.67
Installation x x = 995.67
Quantity Unit Price Factor Total

12.00 72.15 1.1500
LC-2 Detail C Anti Skate 2 per bench, 6 benches total
32 84 23 00 0014 6" Pop-Up Height, Spray Sprinkler Head With Check Valve And Pressure Regulator (Rain Bird® 1806-SAM-PRS)
81 EA $2,808.16
Installation x x = 2,808.16
Quantity Unit Price Factor Total

42.00 58.14 1.1500
Rain Bird Heads per L1-1, install per plan details
32 84 23 00 0071 1-1/2", 5 To 200 GPM, Brass, Contamination Proof, Electric Remote Control Irrigation Valve (Rain Bird® 150EFB-CP)
82 EA $2,001.79
Installation x x = 1,786.44
Quantity Unit Price Factor Total

3.00 517.81 1.1500
Demolition 3.00 x 62.42 x 1.1500 = 215.35
Valve Schedule LI-1 Qty 3, Toro not available as LI, Rainbird option. Removed 3 per plan. 83 32 84 23 00 0108 EA 10" Round Irrigation Valve Box With Lid (Rain Bird® VB-10RND) $167.43 Installation x x = 167.43
Quantity Unit Price Factor Total

1.00 145.59 1.1500
LI-1 Quick Coupler Box per detail
32 84 23 00 0110 21.8" x 16.6" x 12" Depth, Rectangular Irrigation Valve Box With Lock (Rain Bird® VB-STDH)
84 EA $1,137.98
Installation x x = 872.82
Quantity Unit Price Factor Total

3.00 252.99 1.1500
Demolition 3.00 x 76.86 x 1.1500 = 265.17
L1-1 (3) Valve Boxes, Demo 3, Install new per plan detail 32 84 23 00 0118 15" x 21" x 12" Depth, Rectangular Irrigation Valve Box With Lid (Carson 1220-12)
85 EA $88.39
Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 293.56 1.1500
Demolition 1.00 x 76.86 x 1.1500 = 88.39
Demo Item 4 Irrigation Box, install per plan details
32 84 23 00 0452 1" Threaded Reduced Pressure Zone Assembly With Quarter Turn Shut-offs (Watts 009M2 QT series)
86 EA $64.37
Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 1,083.10 1.1500
Demolition 1.00 x 55.97 x 1.1500 = 64.37
Demo Item 4 Valve and Salage to Owner, install per plan details

Page 8 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 1
87 32 84 23 00 0460 EA 1", 2-Piece Brass Body, Quick-Coupling Irrigation Valve (Rain Bird® 44LRC) $316.08 Installation x x = 316.08
Quantity Unit Price Factor Total

1.00 274.85 1.1500
LI-1 Quick Coupler install per plan
32 84 23 00 0530 3/4" Schedule 40 Polyvinyl Chloride (PVC) Pipe With Fittings, 24" Of Cover, Backfilled And Compacted
88 LF $778.55
Installation x x = 778.55
Quantity Unit Price Factor Total
100.00 6.77 1.1500
L1-1 Irrigation Piping per Plan
32 84 23 00 0531 1" Schedule 40 Polyvinyl Chloride (PVC) Pipe With Fittings, 24" Of Cover, Backfilled And Compacted
89 LF $1,529.50
Installation x x = 1,529.50
Quantity Unit Price Factor Total
175.00 7.60 1.1500
L1-1 Irrigation Piping per Plan
32 84 23 00 0532 1-1/2" Schedule 40 Polyvinyl Chloride (PVC) Pipe With Fittings, 24" Of Cover, Backfilled And Compacted
90 LF $3,359.84
Installation x x = 3,359.84
Quantity Unit Price Factor Total
320.00 9.13 1.1500
L1-1 Irrigation Piping per Plan
32 84 23 00 0533 2" Schedule 40 Polyvinyl Chloride (PVC) Pipe With Fittings, 24" Of Cover, Backfilled And Compacted
91 LF $987.16
Installation x x = 987.16
Quantity Unit Price Factor Total

80.00 10.73 1.1500
L1-1 Irrigation Piping per Plan
32 84 23 00 0534 2-1/2" Schedule 40 Polyvinyl Chloride (PVC) Pipe With Fittings, 24" Of Cover, Backfilled And Compacted
92 LF $4,079.63
Installation x x = 4,079.63
Quantity Unit Price Factor Total
275.00 12.90 1.1500
L1-1 Irrigation Piping per Plan
32 84 23 00 0636 1" Male NPT, 12" Length, Polyvinyl Chloride (PVC) Irrigation Swing Joint (Rain Bird® TSJ12)
93 EA $3,851.17
Installation x x = 3,851.17
Quantity Unit Price Factor Total

43.00 77.88 1.1500
Swing Joints for Heads and Quick Coupler
94 32 84 23 00 0656 CLF 8-Conductor, 18 AWG, Irrigation Control Wire, Buried In Trench $841.61 Installation x x = 841.61
Quantity Unit Price Factor Total

4.50 162.63 1.1500
L1-1 Irrigation Conductor Wire
95 32 91 13 36 0002 MSF Rake Topsoil With Machine $1,895.26 Installation x x = 1,895.26
Quantity Unit Price Factor Total

16.55 99.58 1.1500
LI-1 Turf Legend, carry 16,551sf of sod
96 32 92 23 00 0059 MSF >8,000 SF, GN-1 Sod, Installed On Level Ground $27,723.69 Installation x x = 27,723.69
Quantity Unit Price Factor Total

16.55 1,456.65 1.1500
LI-1 Turf Legend, carry 16,551sf of sod
Subtotal for Phase 1 $470,336.33
Phase 2

Page 9 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 2
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. 97 EA $1,096.70
Installation x x = 1,096.70
Quantity Unit Price Factor Total
997.00 1.00 1.1000
Bond $49,886 x 2%
01 22 23 00 0287 2,000 To 2,400 Lb. Capacity, 72" Wide, Skid-Steer Loader With Full-Time Operator
98 WK $15,499.47
Installation x x = 15,499.47
Quantity Unit Price Factor Total

2.00 6,738.90 1.1500
Equipment Phase 2 Option 2
99 01 22 23 00 1622 WK 2.5 CY Rear Dump Truck With Full-Time Truck Driver $5,721.73 Installation x x = 5,721.73
Quantity Unit Price Factor Total

1.00 4,975.42 1.1500
Deliver and Install sand via rear dump truck. 143CY of Sand 100 01 56 26 00 0143 LF Temporary 6' High Chain Link Fence Panels (Portable), Up To 6 Months $2,159.70 Installation x x = 2,159.70
Quantity Unit Price Factor Total
200.00 9.39 1.1500
Perimeter Temp Fence for duration of project.
101 01 56 26 00 0143 0074 MOD For Each LF Shade Cloth, Add $586.50 Installation x x = 586.50
Quantity Unit Price Factor Total
200.00 2.55 1.1500
01 56 26 00 0158 Temporary Chain Link Fence Panels (Portable) SandbagIncludes placement and removal.
102 BAG $354.66
Installation x x = 354.66
Quantity Unit Price Factor Total

40.00 7.71 1.1500
2 bags per 10' panel
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.
103 EA $1,759.47
Installation x x = 1,759.47
Quantity Unit Price Factor Total

1.00 1,529.97 1.1500
Equipment Delivery Phase 2 Option 2, Skid Steer
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.
104 EA $11,048.00
Installation x x = 11,048.00
Quantity Unit Price Factor Total

11.00 873.36 1.1500
Sand, Dirt volleyball court
105 31 05 13 00 0002 CY Bank Run/Fill Sand $5,402.18
Installation x x = 5,402.18
Quantity Unit Price Factor Total
143.00 32.85 1.1500
Replacement Sand

Page 10 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 156155.00
Cypress Sports Court Renovation
Phase 2
106 31 23 16 13 0021 CY Spread Excess Or Imported Material On Site With Machine $616.69 Installation x x = 616.69
Quantity Unit Price Factor Total
143.00 3.75 1.1500
Install of new sand
107 31 23 16 13 0021 0079 For >50 To 250, Add $246.68
Installation x x = 246.68
Quantity Unit Price Factor Total
143.00 1.50 1.1500
108 31 23 16 33 0002 CY Bulk Excavation by Dozer in Soil $2,050.40 Installation x x = 2,050.40
Quantity Unit Price Factor Total
152.00 11.73 1.1500
Remove existing sand, 4,116 SF @ 12" deep
109 31 23 16 33 0020 CY Loading Excess Material For Removal From Bulk Excavation $1,130.96 Installation x x = 1,130.96
Quantity Unit Price Factor Total
152.00 6.47 1.1500
Loading of Sand Removed from Volleyball Court
31 23 16 36 0021 Compaction Of Fill Or Subbase For Building Foundations and Other Structures by Vibratory Plate, Air Tamper, etc.
110 CY $2,364.79
Installation x x = 2,364.79
Quantity Unit Price Factor Total
143.00 14.38 1.1500
Compaction of native soil. 3,853 SF
111 31 23 16 36 0021 0024 For >50 To 250, Add $945.59
Installation x x = 945.59
Quantity Unit Price Factor Total
143.00 5.75 1.1500
Subtotal for Phase 2 $50,983.52
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.
$521,319.85
The Percentage of NPP on this Proposal: %

Page 11 of 11 ends

7/20/2026
Contractor's Price Proposal - Detail
Subcontractor Listing
156155.00
Cypress Sports Court Renovation
IQC Master Contract #: CA-R8-GB-101723-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: July 20, 2026
Proposal Value:

Contractor: MDJ Management
$521,319.85
Name of Contractor Duties Amount %
Muscow Sports Lighting LLC Phase 2 Option 1 $93,235.00 17.88 Muscow Sports Lighting LLC Phase 1 Option 1 or Option 2 $186,400.00 35.76 Refined Construction Phase 2 Option 2 $36,000.00 6.91
Refined Construction Phase 2 Option 1 $172,852.00 33.16 Refined Construction Phase 1 Option 1 or Option 2 $251,148.00 48.18 Wildscape Restoration $163,108.00 31.29

6.00

Page 1 of 1 ends

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: Veterans Park Sports Courts Phase 1 Option 1 Phase 2 Option 2 Location: Veterans Park, Cypress CA
Customer: City of Cypress
Submission Date: 07/17/26
Detailed Scope of Work
PHASE 1 - OPTION 1
Basketball Court & Sidewalk Improvements (NO Electrical Scope Included) ● Remove and haul off the existing basketball court, concrete paving, and miscellaneous site improvements as required.
● Install approximately 3,295 SF of new concrete sidewalks and walkways. ● Install approximately 4,200 SF of new 6" reinforced concrete basketball court including 4" Class II aggregate base.
● Install athletic surfacing and basketball court striping. ● Install new Goalsetter basketball equipment including foundations, backboards, and rims.
● Install drinking fountain, benches, trash receptacles, recycling receptacles, signage, and miscellaneous site furnishings.
● Modify irrigation system as required and restore affected landscape areas. ● Install approximately 16,552 SF of sod and landscape restoration. ● Includes demolition, excavation, grading, compaction, utility locating, temporary fencing, erosion control, construction staking, cleanup, and restoration. ● Demolish the existing light pole footing on the east side of the basketball court to a minimum depth of 2 feet below finish grade. De-energize the existing circuit, disconnect and cap electrical conductors in accordance with applicable codes, abandon conduit and conductors in place, backfill and compact excavation, and restore the surrounding surface to match adjacent conditions.

Total for Phase 1 - Option 1: $470,336.33
1 of 3
PHASE 2 - OPTION 2
Volleyball Court Sand Replacement
● Remove and dispose of existing volleyball sand.
● Excavate approximately 10"-12" below existing grade.
● Compact native subgrade.
● Install filter fabric.
● Furnish and place new volleyball court sand.
● Fine grade and level sand surface.
● Protect adjacent improvements and restore disturbed areas. ● Excludes new volleyball court post and net, to be protected in place.

Total for Phase 2 - Option 2: $50,983.52
Total for Phase 1 & Phase 2: $521,319.85
Notes:
● Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.
● MDJ to supply executed construction contract, payment and performance bonds, and insurance certificates.
● Price includes all labor (Normal Working Hours - Prevailing Wage), materials, equipment to complete this scope of work.
● EXCLUSIONS:
○ Hazardous materials including, but not limited to, asbestos, lead, PCB's, contaminated soils, hazardous waste, underground storage tanks, or remediation of any kind.
○ MDJ Management assumes exclusive access to the work area. Damage caused by other contractors, including electrical trenching, is excluded from this proposal.

Any delays or additional costs resulting from work by others shall be compensated through a change order.
○ Pricing assumes soils suitable for the proposed improvements. Groundwater, dewatering, over-excavation, soil stabilization, import/export, aggregate over-excavation, undercutting, unsuitable soils, and unforeseen subsurface conditions are excluded and shall be addressed by change order if encountered. ○ Pricing assumes drilled pole foundations can be installed using conventional drilling methods. Casing, shoring, specialty drilling methods, rock drilling, groundwater mitigation, and foundation redesign resulting from field conditions are excluded.
○ Repair or replacement of irrigation, utilities, pavement, landscape, hardscape, or improvements outside the limits of work.
○ SWPPP preparation, QSP services, QSD services, NOI filing, rain event action plans, or regulatory compliance are all excluded beyond the standard BMP implementation that is included in the plans.
○ Existing electrical systems are assumed adequate to support the proposed improvements. Electrical service upgrades, panel upgrades, breaker upgrades, grounding and code-required modifications to existing systems are excluded. 2 of 3
○ Maintenance of landscape, irrigation systems, sod, turf, planting, or athletic surfacing after final acceptance.

CLARIFICATIONS AND EXCLUSIONS:
● Warranty
○ One year warranty against workmanship
○ Manufacturer's warranty varies
● Plans, permits, permit fees, related fees, testing and/or testing fees, inspection fees, survey or survey fees, and engineering fees unless specified above to be paid for by client
● MDJ reserves the right to review, change, and/or delete any provisions of any prime contract or subcontract, which results from this quotation ○ Any such change and/or delete to be submitted in writing to be approved by the city engineer
● 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
[email protected]
3 of 3
01405.0006/857127.1 B-1

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Agreement Template)

EXHIBIT C

FAITHFUL PERFORMANCE BOND

SEE ATTACHED
Bond No. __________________

CITY OF CYPRESS

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That,
WHEREAS, the CITY OF CYPRESS (hereinafter called the "City") has awarded to, (hereinafter designated as the "Principal") a Contract for Senior Center Kitchen Floor and Grease Interceptor, Project 420.

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, _______________ as Principal,
and as Surety, are held and firmly bound unto the City in the sum of Dollars ($ ) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, If the hereby bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then their obligation shall become null and void, otherwise it shall be and remain in full force and virtue.

FURTHER, the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of the contract document or of the work to be performed thereunder.

IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Seal) (Seal)

SURETY PRINCIPAL
By By X
X

ADDRESS ADDRESS
Two (2) Notarized Signatures required from all

Corporations.

INSTRUCTIONS

1. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a VicePresident and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.

3. The City Attorney of the City of Cypress must approve the bond.

4. The bond, after approval, must be filed with the City Clerk of the City of Cypress.

EXHIBIT D

LABOR AND MATERIALS PAYMENT BOND

SEE ATTACHED
Bond No. _________________
__________________

CITY OF CYPRESS

LABOR AND MATERIAL BOND
(PAYMENT BOND)
KNOW ALL MEN BY THESE PRESENTS: That.

WHEREAS, the CITY OF CYPRESS (hereinafter called the "City"), has awarded to , designated as the ("Principal") a Contract for Senior Center Kitchen Floor and Grease Interceptor, Project 420.

WHEREAS, said Principal is required to furnish a bond in connection with said Contract providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or equipment used in, upon, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter at forth:

NOW, THEREFORE, we , as Principal, and
as Surety are held and firmly bound unto the City in the sum of Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price, 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, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Principal or his or its subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant or any amount required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect of such work and labor, then said Surety will Pay for the same, in an amount not to exceeding the sum set forth hereinabove, and also, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no charges, extensions of time, alterations or modifications of the contract documents or of the work to be performed thereunder shall in any way affect its obligations on this bond; and it hereby waived notice of any and all such changes, extensions of time, and alterations or modifications of the contract documents and/or of the work to be performed thereunder.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purpose be deemed an original thereof, have been duly executed by the Principal and the Surety here in named on the day of ,20__, the name and corporate seal of each corporate party being hereto affixed and these presents-duly signed by its undersigned representative pursuant to authority of its governing body. (Seal) (Seal)

SURETY PRINCIPAL
By By X
X

ADDRESS ADDRESS
Two (2) Notarized Signatures required from all
Corporations.

INSTRUCTIONS

1. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a VicePresident and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, all persons having an interest in the business must sign it, and the fictitious name must be signed also. Both the Principal and the Surety must notarize the bond.

3. The City Attorney of the City of Cypress must approve the bond.

4. The bond, after approval, must be filed with the City Clerk of the City of Cypress.

EXHIBIT E

INVOICE FORM

SEE ATTACHED
No. 1
PO No. Date
No.
1 2
3 4
TOTAL INVOICE AMOUNT APPROVED FOR PAYMENT =
Fund Account Amount Program
#DIV/0!
Purchase Order Data
Account No(s): Percent Complete
less Current Invoice Due
Requested by (signature and title) - Contractor Checked by Public Works Inspector Project Manager Public Works Inspector
Recommended by Project Manager Approved by City Engineer Payment Information
Remaining Contract Balance = $ -
$ -
Invoice No. Period Start Period End Date
Less 5% Retainage =
Sub-Total =
$ - $ - $ -
$ - $ -
Contract Completion Data Contract Cost Data
$ -
Net Earning =
Contractor
Plus 65% of Invoice Amount for Materials Delivered - $ - $ - $ Less Adjustment for Previous Materials Invoices $ - $ - $ - $ -
$ -
$ -
Net Payment (this estimate) =
Previous
Amounts
Original Contract Amount
Contract Completion Date
Less Previous Payments =
$ - - $
Approved Time Extensions
Original Contract Duration
Notice to Proceed Date
City of Cypress, Public Works Department

MONTHLY PAYMENT ESTIMATE SUMMARY FORM
City of Cypress City of Cypress
CIP No.

To Date
Project Title
Address
Total Earning for Work and Materials Installed $ - $ - $ - This Estimate
less Previous Payments/Billed $ -
Description
$ -
$ -
$ -
Total Contract Amount =
Approved Change Orders
Progress Payment
Final Payment
Period End
No. 1
Quant. Unit Unit Price Item Total Quant. Earnings Quant. Earnings Quant. Earnings 1 $ - - - $ - - $ - - $ 2 $ - - - $ - - $ - - $ 3 $ - - - $ - - $ - - $ 4 $ - - - $ - - $ - - $ 5 $ - - - $ - - $ - - $ 6 $ - - - $ - - $ - - $ 7 $ - - - $ - - $ - - $ 8 $ - - - $ - - $ - - $ 9 $ - - - $ - - $ - - $ 10 $ - - - $ - - $ - - $
11 $ - - - $ - - $ - - $
12 $ - - - $ - - $ - - $ 13 $ - - - $ - - $ - - $ 14 $ - - - $ - - $ - - $ 15 $ - - - $ - - $ - - $ 16 $ - - - $ - - $ - - $ 17 $ - - - $ - - $ - - $ $ -
CO 1 $ - - $ - $
CO 2CO 3
$ -$ -
TOTAL =
Requested by (signature and title) - Contractor Checked by Public Works InspectorProject Manager Public Works Inspector Invoice No. Period Start Date
Original Contract =
$ - $ -
Total Contract Amount =
Approved CO Total =
Contractor
Item
No
Contract Previous Estimate This Estimate Pay Item
MONTHLY PAYMENT ESTIMATE FORMCity of Cypress, Public Works Department Payment Information
To Date
Project Title CIP No.

Progress PaymentFinal Payment
Period End
No. 1
Quant. Unit Unit Price Material Total Quant. Earnings Quant. Earnings Quant. Earnings 123456789
1011121314151617181920
TOTAL =
Requested by (signature and title) - Contractor Checked by Public Works Inspector Project Manager Public Works Inspector
MATERIALS ESTIMATE FORMCity of Cypress, Public Works Department Invoice No. Period Start Payment Information Date
To Date
Contractor Project Title CIP No.

Item This Estimate
No Pay Item / Storage Location Material Value Previous Estimate Progress PaymentFinal Payment

AGREEMENT TO

MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R8-RW-101723-ACI
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-RW-101723-ACI is effective upon the date of the last signature below.

Sourcewell and Angeles Contractor, Inc. (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-RW-101723-ACI 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 Angeles Contractor, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Young Kang
Title: Chief Procurement Officer Title: President
Date: Date:

Docusign Envelope ID: 172667F7-FCB4-4A64-A424-1B0F3F9C443A 10/29/2025 | 3:03 PM CDT 10/29/2025 | 10:09 AM PDT

AGREEMENT TO

MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R8-RW-101723-ACI
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-RW-101723-ACI, is effective upon the date of the last signature below.

Sourcewell and Angeles Contractor, Inc. (“Contractor”) have entered into an Indefinite DeliveryIndefinite Quantity Construction Contract, Contract Number CA-R8-RW-101723-ACI, 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 Angeles Contractor, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Young Kang
Title: Chief Procurement Officer Title: President
Date: Date:

Docusign Envelope ID: 5F1002AA-29AF-47EF-9C28-F3453792580D 11/13/2024 | 5:28 PM CST 11/13/2024 | 2:44 PM PST
Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Page 1 ends

Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-RW-101723-ACI
Service Type: Roofing/Waterproofing
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Angeles Contractor, Inc., 783 Phillips Drive, City of Industry, California 91748 (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:

Roofing/Waterproofing. 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: 1.2757. 







  


Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Page 2 ends

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: 1.2865.

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: 1.3838.

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: 1.5459.

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: 1.3514.

VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.

B. The Contractor’s Authorized Representative is Young Kang. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.

Sourcewell Angeles Contractor, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Young Kang
Title: Chief Procurement Officer Title: President
Date: Date:








  



 


 



July 6, 2026
Daniel Co, P.E,
City Engineer
City of Cypress
Public Works Engineering
SUBJECT: PROPOSAL TO PROVIDE CONSTRUCTION MANAGEMENT,

MATERIALS TESTING AND INSPECTION SERVICES FOR SITE

IMPROVEMENTS FOR VETERANS PARK SPORT COURTS PROJECT
362
Dear Mr. Co,
FCG is pleased to present our proposal to the City of Cypress to provide construction management, materials testing and inspection services for Site Improvements For Veterans Park Sport Courts Project 362 in the amount of $70,735.76. All work will be completed pursuant to the City of Cypress On-Call Construction Management and Inspection Services Contract dated July 1, 2024.

We look forward to partnering with the City on this project. If there are any questions regarding this proposal, please contact me at (714) 312-0317 or [email protected] with any questions you may have.

Sincerely,
Maha Fakhouri
President / CEO
Construction Management, Materials Testing and Inspection for Site Improvements for Veterans Park Sport Courts Project 362 City of Cypress July 6, 2026

Page 2 of 3 ends

ATTACHMENT
“A” SCOPE OF

SERVICES
The scope of services includes part-time inspection services and project controls to assist our inspector in the field.

Below is a list of services included in this proposal:
• Represent the City’s interests with the overall construction inspection of this project. • Monitor the contractor's compliance with the project contract, specifications, and National Pollutant Discharge Elimination System (NPDES). • Assist City staff with public relations, including distributing construction notices and responding to inquiries of residents and the general public. • Attend the preconstruction meeting and subsequent weekly field meetings, as needed. • Assist the City’s construction manager in monitoring and documenting the contractor’s adherence to the approved construction schedule. • Be present on the job site when construction is in progress and when inspection is required. Full-time inspection work is proposed as requested by the City. will not be responsible for observing construction activities that are implemented when its inspector is not scheduled/present on site.
• Provide assistance and direction to technicians performing material tests, as needed. • Measure and verify the project pay item quantities in place. All pay item quantities must be confirmed with the contractor prior to submission of the invoice for payment. • Review the contractor's invoices.
• Prepare daily inspection reports (Daily Activity Report, Weekly Statement of Working Days, etc.) as required for this project.
• Review traffic control and coordinate adjustments as needed. • Identify items requiring corrective action by either the contractor or the City. Monitor and document timely corrective actions implemented by the contractor. • Develop punch list items and monitor corrections made.

Construction Management, Materials Testing and Inspection for Site Improvements for Veterans Park Sport Courts Project 362 City of Cypress July 6, 2026

Page 3 of 3 ends

ATTACHMENT “B”

SCHEDULE OF COMPENSATION
City of Cypress Construction Management, Materials Testing and Inspection for Site Improvements for Veterans Park Sport Courts Project 362 40 Working Days Construction Schedule
Role / Name Total
Hours
Hourly
Rate
Extended
Fee
Construction Manager 80 $238.96 $19,116.80
Roadway Inspector 240 $155.32 $37,276.80
Materials Testing $14,342.16
Total Estimated Fee $ 70,735.76
Exclusions to Scope and Fee: The following items are specifically excluded:

1. Night-time/weekend inspection and weekday hours in excess of a regular 8-hour shift is subject to overtime pay, unless so authorized in writing by the City

2. Special inspections
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALSO

ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE

CYPRESS RECREATION AND PARK DISTRICT, APPROVING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2026 AND ENDING JUNE 30, 2027 (VETERANS PARK SPORTS COURT).

WHEREAS, at its special meeting on May 13, 2026, the City Council received and filed the Fiscal Year 2026-27 Proposed Budget and Capital Improvement Program, provided direction regarding the Decision Package, and scheduled the budget for consideration at the June 9, 2026, City Council meeting; and WHEREAS, the City Manager submitted to the City Council a proposed budget for Fiscal Year 2026-27 in compliance with Section 1001 of the City Charter; and WHEREAS, on June 9, 2026, the City Council adopted a budget for the 2026-2027 Fiscal Year; and
WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF CYPRESS, ALSO ACTING AS THE EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT:

SECTION 1. The City Council hereby approves Budget Amendment No. 2027-03, attached hereto as Attachment A, for Fiscal Year 2026-27.

SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 25th day of August, 2026.
_______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, LISA BERGLUND, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 25th day of August, 2026, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
Attachment A
City of Cypress
Fiscal Year 2026-27
Budget Amendment No. 2027-03
Veterans Park Sports Court
Fund No. - Fund Name
Current
Budget
Proposed
Amendment
Amended
Budget
212 - CRPD - General Fund
Revenue 9,923,381 9,923,381
Expenditures 11,081,508 256,856 11,338,364
Net Change in Fund Balance -$1,158,127 -$256,856 -$1,414,983 CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Nick Mangkalakiri, Director of Public Works
DATE: 08/25/2026
SUBJECT: Amend Task Order for On-Call Construction Management and Inspection Services

RECOMMENDATION

1. Approve an amendment in the amount of $7,737.89 for a task order with FCG Consultants, Inc. for public works construction management and inspection services; and

2. Authorize an appropriation increase in the amount of $7,737.89 in the City's General Fund.

DISCUSSION
In June 2025, the City Council approved an annual task order in the amount of $110,000 for construction management and inspection services with FCG Consultants for FY 2025-26.

The task order ensures that Public Works adequately manages and inspects various permit construction activities during the fiscal year. Approximately 60 inspection hours were forecasted each month for minor development projects and work related to encroachment permits such as checking traffic control, inspecting utility projects, and other miscellaneous work within the public street right-of-way.

The amount of the original task order was based on estimates for the previous fiscal year.

However, the volume of utility, permit and development construction activities exceeded anticipated levels for FY 2025-26. Therefore, a task order amendment in the amount of $7,737.89, for a total annual task order amount of $117,737.89, is recommended to cover the construction management and inspection services provided for the fiscal year. All costs associated with these services are fully reimbursed through inspection and permit fees collected for right-of-way construction activities.

BUDGET IMPACT
There are sufficient funds available in the City's General Fund for this task order There are sufficient funds available in the City's General Fund for this task order amendment.

Fund 111 - General Fund
Current Budget Proposed
Amendment
Proposed Amended
Budget
Expenditures $110,000.00 $7,737.89 $117,737.89
LEGAL REVIEW
The City Attorney has reviewed this staff report.

APPROVED BY: Shannon DeLong, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Nick Mangkalakiri, Director of Public Works
DATE: 08/25/2026
SUBJECT: Award Contract for Senior Center Kitchen Floor and Grease Interceptor Replacement, Project 420

RECOMMENDATION

1. Award a contract to Angeles Contractor Inc. for $136,118.85, authorize a contingency of $20,500, and authorize the City Manager to execute the contract agreement; and

2. Adopt a resolution approving a budget amendment for the fiscal year commencing July 1, 2026, and ending June 30, 2027.

DISCUSSION
The FY 2025-26 Capital Improvement Program included a project to replace the kitchen floor and grease interceptor at the Senior Center. The existing grease interceptor is undersized and requires frequent servicing, while the kitchen flooring is deteriorating and peeling. The project will replace the interceptor with a larger unit that meets current standards and resurface the kitchen floor with a more durable flooring system. These improvements will reduce maintenance needs and provide a safer, more reliable, and longer-lasting kitchen facility.

Public Works recommends Sourcewell ezIQC, an Indefinite Delivery, Indefinite Quantity (IDIQ) procurement process, for the project. Sourcewell competitively bids for projects involving the repair, alteration, modernization, and rehabilitation of infrastructure and facilities. Both the California Government Code and Cypress Municipal Code Section 21A-10(e) allow for cooperative purchasing agreements, enabling public entities to benefit from shared contracting efforts. This process has been utilized for several Capital Improvement Projects such as the Veterans Park Picnic Pavilion Reconstruction, Community Center Roof Replacements, City Hall and PD Roof Replacement, and Veterans Park Restroom Renovations.

Using Sourcewell's competitively-bid prices, Angeles Contractor Inc., submitted a proposal of $136,118.85. Angeles Contractor Inc. comes highly recommended and has completed of $136,118.85. Angeles Contractor Inc. comes highly recommended and has completed similar projects for other agencies and school districts in Southern California.

The total project cost of $162,618.85 includes construction, in-house labor, and contingency and exceeds the adopted FY 2025–26 budget allocation of $75,000. The original budget was based on preliminary estimates and the scope known at the time. As the project was further developed, unforeseen costs related to excavation, shoring, plumbing, and kitchen floor preparation were identified. In addition, current market conditions and rising construction, material, and labor costs contributed to the higher-than-anticipated project cost.

BUDGET IMPACT
The Senior Center Kitchen Floor and Grease Interceptor project is included in the City’s Capital Improvement Program and funded by the Recreation and Park District General Fund. Estimated project costs, including labor, will not exceed $162,618.85, and a supplemental appropriation of $87,618.85 is required. Sufficient fund balance amounts are available in the Recreation and Park District General Fund to pay the additional $87,618.85. The overage is included in the attached resolution to amend the budget.

Total Project Budget $75,000
Construction Estimate (includes contingency) $ 156,618.85 Labor $ 6,000.00
Total Project Estimate   $ 162,618.85
(Over)/Under Budget   $ (87,618.85)
LEGAL REVIEW
The City Attorney has reviewed this staff report and approved the agreement as to form.

APPROVED BY: Shannon DeLong, City Manager
Attachments
Contract Agreement
Sourcewell Contract Agreement
Resolution
01405.0006/857127.1 -1-
AGREEMENT FOR CONSTRUCTION SERVICES (ezIQC CONTRACTING)

BETWEEN CITY OF CYPRESS AND
ANGELES CONTRACTOR, INC.

FOR

SENIOR CENTER KITCHEN FLOOR AND GREASE INTERCEPTOR
REPLACEMENT, PROJECT 420

THIS AGREEMENT FOR CONSTRUCTION SERVICES (“Agreement”) is made and entered into on (“Effective Date”), by and between the City of Cypress, a California municipal corporation and Angeles Contractor, Inc. (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.” Contractor’s State License Number is 858483 and DIR Registration Number is 1000002456.

RECITALS
A. Bids for the Project were received, publicly opened, and declared on the date specified in said notice, or as otherwise accepted and processed through those procedures and approvals authorized under the City of Cypress Municipal Code.

B. City accepted the bid of Contractor dated July 30, 2026 pursuant to legal requirements and selected Contractor for the Project.

C. City desires to retain Contractor, on an independent contractor basis, for the Project, as more particularly described below.

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

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

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

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
01405.0006/857127.1 -2-

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements (collectively referred to herein as the “services” or “work” hereunder) in the Contract Documents for Senior Center Kitchen Floor and Grease Interceptor Replacement (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. By entering into this Agreement, Contractor acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, the Project Manager, architects, inspectors, engineers, or utilities. As used herein, “Contract Documents” refers to all of the following documents, all of which are component parts of this Agreement as if herein set out in full or attached hereto:

A. Notice of Inviting Bids, Bid Forms & Instructions to Bidders B. Scope of Work, if any
C. Plans for the Project, if any
D. Project Construction Schedule
E. General Specifications and Provisions, if any
F. Special Provisions for the Project, if any
G. Standard Specifications
H. Technical Specifications
I. Addendum(s) as issued
J. Contractor’s Signed Bid Proposal and Information Required of Bidder K. Designated Subcontractors List, if any
L. Bid Bond, Performance Bond, Labor & Materials Payment Bond, and any other Bonds as required by this Agreement
M. Insurance Certificates and Written Endorsements
N. Notice to Proceed (issued by the City)
O. Notice of Completion (issued by the City at final completion of the project) 01405.0006/857127.1 -3-
P. Guaranty Form
Q. All Changes Orders properly authorized after execution of Agreement.

The Contract Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Contract Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the 2024 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein as the Standard Specifications, except as explicitly modified herein or by the Contract Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

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

Contractor shall submit all required reporting and records directly to the DIR. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code section 1861 and Section 5.1 and 5.2 of this agreement, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) 01405.0006/857127.1 -5-
of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Compliance with Law.

All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, state or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns shall not be liable at law or in equity for failure of Contractor to comply with this Section.

1.5 Licenses, Permits, Fees and Assessments.

Contractor has California State Contractor’s License Board License Classification B, No. 858483 and shall maintain said license and obtain and maintain, at its sole cost and expense, such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different materially from those 01405.0006/857127.1 -6-
ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting Parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work.

Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4216 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

Pursuant to Government Code Sections 4216 through 4216.9, the methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed.

Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include, without limitation, contacting U.S.A. alert and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been 01405.0006/857127.1 -7-
delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

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

1.11 Warranty.

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

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the 01405.0006/857127.1 -8-
City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

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

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless an authorized written change order is first given by the City to the Contractor, incorporating therein any adjustment in (i) the Compensation Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and City’s authorized representative, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to 12.68% of the Compensation Sum or any increase in the time to perform of up to 12 ☐calendar / ☒working days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Compensation Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. 01405.0006/857127.1 -9-
(d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Compensation Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.13 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Compensation Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amount of One Hundred Thirty Six Thousand, One Hundred Eighteen and 85/100 Dollars ($136,118.85) as set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference (“Compensation Sum”). Subject to any additions or deductions that may be made by Change Order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total compensation no greater than, including reimbursement of Contractor’s expenses, an amount not to exceed the contingency amount of Twenty Thousand, Five Hundred dollars ($20,500) plus the Compensation Sum for a total of One Hundred Fifty-Six Thousand, Six Hundred Eighteen and 85/100 Dollars ($156,618.85) (“Contract Sum”) for completion of the work.

2.2 Invoices.
(a) Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. (b) All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 01405.0006/857127.1 -10-

2.3 Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment generally within thirty (30) calendar days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period.

In the event that City does not cause Contractor to be paid any progress payment within thirty (30) calendar days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) calendar days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. (b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) calendar days from completion of the work. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
01405.0006/857127.1 -11-
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.4 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) calendar days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention.

Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within 12 ☐calendar / ☒ working days (“Contract Time”) after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Contract Documents, and any revisions thereof approved by the City in writing. All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time periods, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Pursuant to Government Code section 53069.85, if work is not completed in strict compliance with Section 3.1 of this Agreement or in strict accordance with the schedule of performance provided by any schedule contained in or required to be provided by the Contract Documents (such deadlines collectively referred to herein as “Agreement Deadlines”), it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed that the Contractor and its sureties shall pay to the City the sum of $1,900.00 for each and every calendar day of delay beyond the completion date in Section 3.1 of this Agreement, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Contract Documents, or beyond the time indicated in the Contract Documents for any individual activity to be performed pursuant to the Agreement. Contractor expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Contract Documents. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Agreement Deadlines, a completion schedule, the Project schedule or the accrual of liquidated damages. In the event the same is not paid, the Contractor further agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. This Section does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the City’s ability to seek 01405.0006/857127.1 -12-
other damages. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of a utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Section 3.1 and pursuant to this Agreement for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, (with the express exception of delays arising from the impact of COVID-19 and its variants to the extent such impact is foreseeable or should have reasonably been foreseeable), if the Contractor shall within ten (10) calendar days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City. As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

Contractor’s ownership, management and licensing is tied to specific principal representatives (“Principals”) who are designated as Danny Kim, Senior Project Manager, (714) 510-1620, [email protected] . The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of the Project Manager.

Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify (and, as required by law, secure City approval in regards 01405.0006/857127.1 -13-
to subcontractors before changes in Contractor’s subcontractors, of) City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

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

4.3 Project Manager.

The Project Manager shall be designated by the City’s Director of Public Works or City Engineer. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works or City Engineer, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction. No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Contractor or any officer, employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Contractor shall indemnify, 01405.0006/857127.1 -14-
defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Contractor, or any officer, employee, agent, or subcontractor Contractor used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City and in compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100, et seq.

Contractor shall be responsible for ensuring compliance by any subcontractor or lower tier subcontractor under it with this Agreement, all state and federal laws, codes and regulations, and municipal ordinances and regulations of City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be voidable at the option of City. No approved transfer shall release the Contractor, or any surety or insured of Contractor, of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, as marked by checkmark, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, and attorneys of City. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in 01405.0006/857127.1 -15-
substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation solely in regards to insurance coverage.
(a) ☒General liability insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office (“ISO”) form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses, and no less than $1,000,000 general aggregate, for bodily injury, personal injury and property damage, and a $1,000,000 completed operations aggregate. Contractor must maintain a policy of commercial general liability insurance for as long as there is a statutory exposure to completed operations claims. (b) ☒Automobile liability insurance. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(c) ☒Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California (statutory limits) as well as a policy of employer’s liability insurance (with limits of at least $1,000,000), which shall each indemnify, insure and provide legal defense for Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the work or services contemplated in this Agreement. In addition, Contractor shall require each subcontractor to similarly maintain a policy of worker’s compensation insurances and employer’s liability insurance in according with the laws of the State of California for all of the subcontractor’s employees. (d) ☐Builder’s Risk Insurance. Contractor shall maintain, from upon commencement of work and through the entire duration of the Project until only the City has an insurable interest, Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. All subcontractors (excluding those solely responsible for design work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the Builder’s Risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an “all risk” basis for the completed value of the Project. There shall be no coinsurance penalty or provisional limit provision in any such policy. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and 01405.0006/857127.1 -16-
operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site. (e) ☐Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $[] per claim and in the aggregate.

All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (f) Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) “follow form” to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy.

5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Contractor has provided City with insurance certificates, endorsement forms and appropriate insurance binders, signed by a person authorized by the Insurer to bind coverage on its behalf, evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments; or, 2) City, 01405.0006/857127.1 -17-
notwithstanding any other provisions of this Agreement, may immediately terminate this Agreement. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Contractor shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(c) Additional Insureds. All of the above policies shall name City and its elected and appointed officers, employees, agents and designated volunteers (“City Parties”) as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability, and policies of insurance shall not contain any cross-liability exclusions. (d) Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers for above policies, Contractor and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Contractor’s insurance. If Contractor maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or 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 and City Parties. None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein 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.
(e) Limitations, Self- Insured Retention and Deductibles. Contractor agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self- 01405.0006/857127.1 -18-
insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorneys’ fees, defense expenses and claims.
(f) Completed operations coverage. Completed operations coverage shall extend a minimum of three 1 year after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. (g) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of Article 5 of this Agreement. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

5.3 Indemnification.
(a) General Obligations. Contractor agrees, to the maximum extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “Claims or Liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement.

Contractor shall incorporate similar indemnity agreements as provided herein with its 01405.0006/857127.1 -19-
subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence, active negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence, active negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until either such time as a final judgment has been entered adjudicating, or agreement between the Parties is reached determining, City as solely negligent, actively negligent or responsible for willful misconduct.

Contractor will not be entitled in the absence of such a determination or agreement to any reimbursement of defense costs including but not limited to attorneys’ fees, expert fees and costs of litigation. In instances where City is shown to have been actively negligent and/or engaged in willful misconduct, and where City’s active negligence and/or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence and/or willful misconduct of City. City may offset against the amount of any fees due to Contractor under this Agreement 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 Section 5.2 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Contractor.

5.4 Notification of Third-Party Claims.

Pursuant to Public Contract Code Section 9201, the City has full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement, unless otherwise expressly provided in the bid documents, Contractor shall deliver to the City all of the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the Compensation Sum. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the Compensation Sum.

All bonds shall be on the applicable forms provided in Exhibit C and Exhibit D attached hereto and incorporated herein by this reference. The bonds shall each contain the original 01405.0006/857127.1 -20-
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Surety.

Bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation solely in regards to bond coverage.

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under both the forms of the applicable bond attached to this Agreement as well as Article 5 of this Agreement;
(b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, including but not limited to in accordance with the requirements of Labor Code section 1776, shall be complete and detailed, and shall be readily accessible. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access 01405.0006/857127.1 -21-
to such books and records in the event any audit is required. In accordance with Government Code section 8546.7 records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment. Contractor shall fully cooperate with the City in providing access to any and all Contractor books and records, and any other applicable documents, if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically submit written reports to the Project Manager concerning performance of the services, upon request, and/or as necessary for Project Manager to be informed of both performance of services as well as any decisions which must be made by City or Project Manager. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. 01405.0006/857127.1 -22-
(b) No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Default of Contractor.
(a) It is City's right to suspend or terminate this Agreement upon the occurrence of any of the following events by default of Contractor: (1) Contractor refuses or fails to perform the work required under this Agreement with diligence to ensure timely completion of the Project pursuant to Section 3.1; (2) Contractor fails to comply with the provisions of this Agreement; (3) Contractor violates any ordinance, regulation, state or federal law which applies to its performance under this Agreement; (4) Contractor files bankruptcy or otherwise becomes insolvent; (5) Contractor makes a general assignment for the benefit of creditors; (6) a trustee or receiver is 01405.0006/857127.1 -23-
appointed for the Contractor or his property; (7) Contractor repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; (8) Contractor has abandoned the work or the Project, and/or; (9) Contractor disregards proper directives of the architect, inspector, or Project Manager under the Contract Documents. It will be at City's sole discretion to allow Contractor to remedy each cause for the termination without waiving City's right to terminate this Contract or restricting any other right or remedy under this Contract or law. (b) In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) calendar days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. (c) Contractor shall be liable for damages sustained by City from the termination of the Agreement under this Section 7.2, including, but not limited to, all cost necessary for repair and completion of the work. City shall have the right to withhold monies otherwise payable to Contractor until the Project is complete. If City incurs additional costs, expenses, or other damages due to the failure of Contractor to perform the work pursuant to this Agreement, said expenditures shall be deducted from the amounts withheld (and if such deduction does not fully compensate City for said expenditures, then Contractor remains fully liable for the remaining balance owed to City). Should there be a balance of monies held after all expenses have been paid, the balance will be paid to Contractor upon completion of the Project.

7.3 Suspension or Termination.

The City may at any time, for any reason (including but not limited to for City’s convenience, environmental considerations, or when it is in the best interests of the City), with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) calendar days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion. Upon receipt of a termination notice, Contractor shall immediately discontinue the work and placement of orders for materials, facilities and supplies in connection with the performance of this Agreement, unless otherwise directed in the notice. Contractor shall promptly deliver to City all completed work, including plans, as-builts, forms, reports, and products. Any dispute regarding the amount owed to Contractor shall not diminish the right of City to receive and use such documents or materials. Contractor shall not be 01405.0006/857127.1 -24-
entitled to any claim or lien against City for any additional compensation or damages in the event of termination of this Agreement.

7.4 Dispute Resolution Process.

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 as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.

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

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

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

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. 01405.0006/857127.1 -25-
(iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 calendar days of receipt of the City’s response or within 15 calendar days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.
(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calendar days after the City issues its written statement.

Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed 01405.0006/857127.1 -26-
portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
(i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
01405.0006/857127.1 -27-
(h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 calendar days, but no earlier than 30 calendar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both Parties. If the Parties fail to select a mediator within the 15- day period, either Party may petition the court to appoint the mediator. (ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other Party arising out of the trial de novo.

7.5 Waiver.

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

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

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of noncompliance with any requirement of this Agreement imposes no additional obligations on City nor 01405.0006/857127.1 -28-
does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

7.6 Rights and Remedies Are Cumulative.

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

7.7 Unfair Business Practices Claims.

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

7.8 Legal Action. In addition to any other rights or remedies, and as consistent with this Agreement and applicable law, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
01405.0006/857127.1 -29-

8.2 Conflict of Interest.

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

City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

Contractor shall require the foregoing covenants to be placed in agreements with all subcontractors.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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

9.2 Notices.

Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not 01405.0006/857127.1 -30-
limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to the name and title of the Project Manager, at City of Cypress, 5275 Orange Ave Cypress CA 90630, and in the case of Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

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

9.6 Severability.

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

9.7 No Undue Influence.

Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive 01405.0006/857127.1 -31-
compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies for default in Section 7.2 and any and all remedies at law or equity.

9.8 Unauthorized Aliens.

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

9.9 Corporate Authority.

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

01405.0006/857127.1 -32-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CYPRESS, a California municipal
corporation

Leo Medrano, Mayor
ATTEST:

Lisa Berglund, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

William Wynder, City Attorney
CONSULTANT:
___________________, a ____________________
By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.)

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 202_ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ORANGE
On __________, 202_ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

EXHIBIT A
CONTRACTOR’S BID

SEE ATTACHED
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-ACI
Cypress - Kitchen Floor and Grease Interceptor
New Work Order
155098.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
07/30/2026
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Alex Cho
(714) 443-3655
Owner Name: City of Cypress
Kevin Chin
714.229.6759
Angeles Contractor Inc.

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-ACI.

Brief Work Order Description:

Resurfacing kitchen floor and replacement of grease interceptor Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $136,118.85
Owner Purchase Order Number:

Approvals
ity of Cypress Date Angeles Contractor Inc. Date

2.00

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