Seal Beach City Council
September 28, 2026

City of Seal Beach
D. Subrecipient shall complete and submit a Year End GPR Information Form by August 14, after the close of the Contract fiscal year.

E. Should the activity being funded through this Contract be completed, cancelled or terminated prior to the termination date set forth herein in the “Term of Contract" Paragraph, or if funds allocated through this Contract are fully expended, prior to end of Contract term, Subrecipient must continue to serve its clients for the entire term of this Contract. Subrecipient shall complete and submit a Mid-Year and Year End GPR Information Form at the time of the completion, cancellation or termination.

F. Subrecipient shall complete and submit a GPR Information Form in support of all requests for reimbursement. Said GPR Information Form shall consist of a cumulative report of project related accomplishments as set forth in the "Scope of Services", for the subject quarter. If at any time during the term of this Contract Subrecipient has no activity occuring during any quarter, Subrecipient shall prepare and submit to County a Quarterly GPR Information Form, regardless of actual activity.

G. Subrecipient acknowledges that the GPR Information Form is a monitoring tool that will be reviewed and evaluated to determine Subrecipient’s level of performance relative to this Contract.

H. Subrecipient shall submit all requested data necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER), and monitor program accountability and progress in accordance with HUD requirements, in the format and at the time designated by County.

I. Readiness –Public Facilities & Improvements Projects:

Subrecipient shall be required to demonstrate to County its readiness to immediately initiate its Project upon execution of this Contract by providing to the County documentation including, but not limited to, the following: Board or Council Minutes/Resolution; Awarded bid documents with timeline requirements; and, executed Architect and Engineer (hereafter referred to as “A&E”) contracts with specific project timelines consistent with funding. By July 30 of Contract term, Subrecipient shall provide County a Project Readiness Checklist incorporating the status of all Project-phasing milestones. In the case of milestones not yet reached, Subrecipient shall provide projected target dates for when said milestones would be met. The Project Readiness Checklist shall clearly demonstrate that Subrecipient will meet the “Minimum Required Expenditure Thresholds” as set forth in this "Performance" Paragraph. Subrecipient acknowledges that said Project Readiness Checklist may be considered to evaluate the performance of the Subrecipient.

94. PERFORMANCE MONITORING
A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
B. County shall periodically evaluate Subrecipient’s progress in complying with the terms of this Contract. Subrecipient shall cooperate fully during such monitoring. County shall report the findings of each monitoring to Subrecipient.

C. County shall monitor the performance of Subrecipient against the goals, outcomes, milestones and performance standards required herein. Substandard performance, as determined by County, will constitute non-compliance with this Contract for which County may immediately terminate the Contract. If action to correct such substandard performance is not taken by Subrecipient within the time period specified by County, payment(s) will be denied in accordance with the provisions contained in this "Performance Monitoring" Paragraph of this Contract.

D. HUD in accordance with 24 CFR Part 570 Subpart O, 570.902, will annually review the performance of County to determine whether County has carried out its Community Development Block Grant (CDBG) assisted activities in a timely manner and has significantly disbursed CDBG funds and met the mandated “1.5 ratio” threshold. Subrecipient is responsible to ensure timely drawdown of funds.

95. FEDERAL ADMINISTRATIVE AND RELATED REQUIREMENTS
Subrecipient must comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570.

Subrecipient acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200, et al. Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326.

A. Financial Management:

1. Accounting Standards
Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

2. Cost Principles:

The Subrecipient shall administer its program in conformance with 2 CFR Part 200, et al; (and if Subrecipient is a governmental or quasi-governmental agency, the applicable sections of 24 CFR 85, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,”) as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained
Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Contract. Such records shall include, but not be limited to:

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21- 28; and
g. Other records necessary to document compliance with Subpart K of 23 CFR.

2. Retention
Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time.

Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

3. Client Data
a. Subrecipient shall maintain client data demonstrating client eligibility for services provided for a period of five (5) years after the termination of all activities funded under this Contract, or after the resolution of all Federal audit finding, whichever occurs later. Such data shall be consistent and include, but not limited to, client name, address, verifiable income level (as documented by income tax returns, employee payroll records, retirement statements, etc. or other third party documentation acceptable to County, for determining eligibility), and description of service provided. Such information shall be made available to HUD representatives, County monitors, or their designees, for review upon request. b. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the subject program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

4. Disclosure
Subrecipient shall maintain client data demonstrating client eligibility for services provided.

Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

5. Close-Outs
Subrecipient’s obligation to County shall not end until all close-out requirements are completed. Activities during this close-out period shall be completed in accordance with federal and State regulations and shall include, but are not limited to: making final payments; submitting final invoice(s), report(s), in accordance with the requirements of the "Federal Administration and Related Requirements" Paragraph, and documentation; disposing of program assets (including the return to County of all unused materials and equipment); remitting any program income balances and accounts receivable to County, and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Contract shall remain in effect during any period that the Subrecipient has control over CDBG funds, including Program Income.

C. Personnel & Participation Conditions

1. Civil Rights: Compliance
Subrecipient agrees to comply with California Civil Rights Act Ordinances and Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, , 11478 as amended, and 12107.

2. Nondiscrimination in Employment and Contracting
Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and valid executive orders referenced in 24 CFR 570.607, including 24 CFR Part 8, 24 CFR 570.602 and Section 504 of Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Executive Order 11063. The applicable nondiscrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable.

3. Americans with Disabilities Act:

Subrecipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities

4. Drug-Free Workplace:

The Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in the "Certification for a Drug-Free Workplace" Exhibit, attached hereto and incorporated herein by reference. The Subrecipient will:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
b. Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The Subrecipient’s policy of maintaining a drug free workplace; iii. Any available counseling, rehabilitation, and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(c) that every employee who works under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract.

Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and the Subrecipient may be ineligible for award of any future County contracts if the County determines that any of the following has occurred:
iii. The Subrecipient has made false certification, or
iv. The Subrecipient violates the certification by failing to carry out the requirements as noted above.

5. Anti-Lobbying:

Subrecipient certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that:

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
a. No federal appropriated funds will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any Cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or Cooperative Agreement; and
b. Subrecipient shall include subject anti-lobbying certification in award documents for all sub-Subrecipients at all tiers (including sub-subcontracts, sub-subgrants, and contract under grants, loans, and Cooperative Agreements) and that all sub-Subrecipients shall certify and disclose accordingly.

6. Employment Restrictions:
a. Prohibited Activity:

Subrecipient is prohibited from using funds provided herein, or personnel employed in the administration of the program, for: political activities, sectarian or religious activities, lobbying, political patronage, and nepotism activities. b. OSHA:

Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety. c. Employee Rights
i. Federal Minimum Wage
Subrecipient must follow the Fair Labor Standards Act (FLSA), as it currently exists and it may be amended, which sets basic minimum wage and overtime pay standards.

These standards are enforced by The United States Department of Wage and Hour Division under Department’s Wage and Hour Division. The Federal minimum wage provisions are contained in the FLSA. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
d. California Minimum Wage
i. Subrecipient must follow the California enacted legislation signed by the Governor of California, raising the minimum wage for all industries (MW-2007). (AB 1835, CH230, Stats of 2006, adding sections 1182.12 and 1182.13 to the California Labor Code.) Pursuant to its authority under Labor Code section 1182.13, the Department of Industrial Relations amends and republishes Sections, 1, 2, 3, and 5 of the General Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
Minimum Wage Order. MW-2001, Section 4, Separability, has not been changed.

Consistent with this enactment, amendments are made to the minimum wage, and the meals and lodging credits sections of all of the IWC’s industry and occupation orders.

This summary must be made available to employees in accordance with the IWC’s wage orders. Copies of the full text of the amended wage orders may be obtained by ordering on-line at www.dir.ca.gov/WP.asp or by contacting your local Division of Labor Standards Enforcement office.
e. Hatch Act:

Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.
f. Religious Organization/Activities:

In accordance with 24 CFR 570.200(j), Subrecipient shall not discriminate against faithbased organizations in administering its federal HUD activities. Subrecipient agrees that funds provided under this Contract will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization or to promote religious interest, or for the benefit of a religious organization.

7. Labor Standards
a. Subrecipient agrees to contact County no less than fourteen (14) days prior to the PreConstruction Meeting date to seek consultation regarding application of requirements per federal labor standards regulations or Davis-Bacon related Acts. b. Subrecipient will comply with Davis-Bacon Act and/or State Prevailing Wage requirements, when applicable.
c. Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Subrecipient shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to County for review upon request.
d. Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Subrecipients engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen. Nothing hereunder is intended to relieve.
e. Subrecipient of its obligation, if any, to require payment of the higher rate under state or local laws Subrecipient shall insert provisions meeting the requirements of this Paragraph in all such Contracts.

In case where the Davis-Bacon Act applies, Subrecipient agrees to submit the Construction Bid Package for this project to County for modification, Subrecipient shall construct project in accordance with the approved Construction Bid Package.

8. California Labor Code Compliance
a. Prevailing Wage laws apply, Subrecipient hereby agrees to pay, or cause its subcontractors to pay, Prevailing Wage rates at all times for all construction, improvements, or modifications to be completed for County under this Contract. Subrecipient herein agrees that Subrecipient shall post, or cause to be posted, a copy of the most current, applicable Prevailing Wage rates at the site where the construction, improvements, or modifications are performed.
b. Payroll Records
Subrecipient agrees that:

Certified copies of all payroll records for this project shall be required pursuant to the provisions of California Labor Code “Section 1776”. The reporting format and words of certification shall be as indicated in Title 8 of the California Code of Regulations, Section 16401.

Certified copies of the payroll records of all subcontractors working on this project are required. It shall be the responsibility of the prime Subrecipient to ensure subcontractor compliance.

Certified copies of all payroll records shall be submitted on a weekly basis to County through the duration of this Contract.

Subrecipient acknowledges that failure to comply with Section 1776 may result in a forfeiture of one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, and it should be recognized that a Subrecipient or subcontractor, or agent or representative thereof who neglects to comply is guilty of a misdemeanor pursuant to California Labor Code Section 1777.

9. Economic Opportunities
Compliance
Subrecipient agrees to abide by the provisions of OMB Circulars 102 and 110, as applicable, 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Contract.

Subrecipient further covenants that in the performance of this Contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of County or Subrecipient, or any designated public agencies which are receiving funds under the CDBG Entitlement Program.

This Contract is subject to the requirements of 12 USC 1701u, the HUD regulations issued pursuant thereto at 24 CFR Part 75., and any applicable rules and orders of HUD issued Federal financial assistance shall be conditioned upon compliance with 12 USC 1701u.

Failure to fulfill these requirements shall subject Subrecipient and any sub-Subrecipients, their successors and assigns, to those remedies specified herein. Subrecipient certifies and agrees that no conflict exists which would prevent compliance with requirements.

The Subrecipient agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract:
a. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations").
b. The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations.
c. The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin. d. The Sub-recipient, contractor, and subcontractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. The Sub-recipient, contractor, and subcontractor will not subcontract with any subcontractor where the Sub-recipient, contractor, and subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations 24 CFR part 75.
e. The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75.
f. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.

10. Environmental Conditions:

Subrecipient shall comply with HUD Environmental Review under HUD regulations at 24 CFR 58 et seq., which implement the National Environmental Policy Act (NEPA); and, the California Environmental Quality Act (CEQA). No costs shall be incurred and no funds shall be disbursed prior to certification by County and/or HUD of environmental compliance.

Subrecipient shall incur no costs for any project-related activity defined in Subrecipient Scope of Services and County shall not disburse funds prior to certification by County and/or HUD for environmental compliance.

Subrecipient shall provide requested material to County for the Environmental Review process required by applicable regulations.
a. Air and Water
Subrecipient agrees to comply with the following regulations in so far as they apply to the performance of this Contract:

Clean Air Act, 42 U.S.C., 1857, et seq.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.

Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50 and 40 CFR

58. b. Flood Disaster Protection:

Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973, including as applicable any regulations set forth in 24 CFR 55, (implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract.
c. Lead-Based Paint:

Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35, particularly, 24 CFR 35.100 through

35.175. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified with the “Protect Your Family From Lead In Your Home” publication, found at http://www.epa.gov/lead that such properties may include lead-based paint. d. Historic Preservation:

Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Protection of Historic Properties, insofar as they apply to the performance of this Contract.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. e. Energy Efficiency Standards:

Subrecipient agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable. f. Modifications/Transfers of Real Property:

Any proposed modification or change in use of real property acquired or improved, in whole or in part, by CDBG funds from the use planned at the time of the acquisition or improvement, including disposition, is prohibited.
i. Subrecipient shall ensure that any real property under Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either:

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
I. Used to meet one of the national objectives contained in 24 CFR 570.208 for a period not less than five years, or for such period of time as determined to be appropriate by County, after expiration of the Contract and close-out of Subrecipient’s participation in the CDBG Program, or, until five years after the close-out of the grant from which the assistance to the property, whichever occurs first; or,
II. Disposed of in a manner which results in County being reimbursed in an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with this " Federal Administrative and Related Requirements" Paragraph.
g. Property Records:

Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. Properties retained shall continue to meet eligibility criteria, rental limitations, health, safety and building codes, etc., and shall conform to federal and State regulations.
h. Equipment:

Subrecipient shall use, manage and dispose of equipment in accordance with federal and State regulations.
i. Subcontracts:
i. Subrecipient shall submit all subcontract agreements to County for review and consent prior to entering into such subcontracts. For construction subcontracts, Subrecipient shall submit the Construction Bid Package to County for review and written approval by Director or designee prior to advertising for bids and award for the construction contract. Subrecipient shall construct Project in accordance with the Construction Bid Package, which Director approved, unless prior written approval is received from Director for modification thereof.
ii. Subrecipient shall assume responsibility for all subcontracted services to assure Contract compliance.
iii. Subrecipient shall cause all of the provisions of this Contract in entirety to be included in and made a part of any subcontract executed in the performance of this Contract. iv. Subrecipient shall monitor all subcontracted services on a quarterly basis to assure Contract compliance. Results of said monitoring efforts shall be summarized in written form, and supported with documented evidence of follow-up actions(s) to correct any Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
area(s) of Contract non-compliance. Documentation shall be made available for periodic monitoring by representatives of County and/or HUD. j. Fair Housing:

Subrecipient shall affirmatively further fair housing in accordance with 24 CFR 570.

Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients.

The Subrecipient has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act, along with all applicable State & Federal requirements.
k. Grantor Recognition:

Subrecipient shall insure recognition of the role of the County in providing services through this Contract. All activities, facilities and items utilized pursuant to this Contract shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. Subrecipient will retain documentation of such recognition, which shall be available for periodic monitoring by representatives of County or HUD.
l. Rehabilitation Act:

Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. County shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract.

96. DEFINITIONS
For the purposes of this Contract the following definitions shall apply:

A. OC Community Resources (OCCR): Designated as the Lead for the development and implementation of County of Orange Urban County Program’s Consolidated Plan.

B. Director: Director of OC Community Resources, or designee.

C. Grantee Performance Report (GPR) Information Form: A Program activity data document provided by County to Subrecipient used to monitor, track and report the performance of Subrecipient.

D. OC Community Resources Contract Reimbursement Policy: A County document setting policies regarding types of documentation required to support the costs incurred and paid (including but not limited to copies of paid invoices, certified payroll registers, bank statements, etc.) E. Project: Any site or sites, including buildings, and/or activities assisted with federal program funds.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
F. OMB: Federal Office of Management and Budget.

G. CAPER: Consolidated Annual Performance and Evaluation Report. An annual published report to HUD and the public on all housing-related activities.

H. CDBG: 24 CFR Part 570 - Community Development Block Grant – the CDBG regulations set forth eligible activities and the national objectives that each activity must meet. The Catalog of Federal Domestic Assistance (CFDA) # 14.218 distributes formula grants (CDBG) to develop viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income.

I. Continuum of Care: An Orange County group composed of representatives of relevant organizations that serve homeless and formerly homeless persons that are organized to plan for and provide, as necessary, a system of services to address the various needs of homeless persons and persons at risk of homelessness.

J. Homeless Management Information System (HMIS): The information system designated by the Continuum of Care to comply with HUD’s data collection, management, and reporting standards and used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. (24 CFR Part 580) K. Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.

L. Substantial Amendment: The following criteria will be used by the County – if any one criteria applies, a substantial amendment will be required:

1. A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan;

2. When a proposal is made to amend the description of an existing activity in such a way that the newly described purpose, scope, or beneficiaries differ significantly from the original activity’s purpose, scope, or beneficiaries; and/or

3. An increase in the amount of Federal Community Planning Development and/or local funds allocated to an existing activity when the following apply:
a. An increase in funding for a public service activity in an amount that is consistent with County policy; or
b. An increase in the funding for public facility improvements in an amount that is consistent with County policy.

M. Construction Bid Package: A package of bidding documents which includes the proposal, bidding instructions, Contract documents, detailed estimated costs, and plans and specifications for a construction project, all prepared in accordance with applicable Federal regulations.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
N. Program Administration: An activity relating to the general management, oversight and coordination of community development programs. Costs directly related to carrying out eligible activities are not included.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written.

City of Seal Beach
If the Subrecipient is a corporation, signatures of two specific corporate officers are required as further set forth.
• The first corporate officer signature must be one of the following: 1) Chairman of the Board, 2) President, 3) Vice President; and
• The second corporate officer signature must be one of the following: 1) Secretary, 2) Assistant Secretary, 3) Chief Financial Officer, 4) Assistant Treasurer.

In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signature to bind the company.

Signature Name Title Date
Signature Name Title Date
COUNTY OF ORANGE, a political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE:

Deputy Procurement Agent
Signature Name Title Date
Approved as to form:

Office of the County Counsel
Deputy
Signature Name Title Date
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos City Manager 3/25/2026
John Cleveland 3/25/2026
Nina Campmas 4/28/2026

ATTACHMENT A
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

SCOPE OF SERVICES

PUBLIC FACILITIES & IMPROVEMENTS

1. Scope of Services
A. HUD Matrix Code/ Activity:
03E Neighborhood Facilities/ 570.201 (c) (1)
B. Project Title:

City of Seal Beach-North Seal Beach Community Center Improvements Phase 2 C. Program Description:

Funds will be used to complete the remaining interior improvements. Work will include ADA compliant restroom improvements. Replacement of worn flooring with slip resistant materials. Replacement of acoustic ceiling tiles, lighting upgrades, minor HVAC improvements, ADA compliant interiorsignage.

D. Project Need:

The existing structure was built in 1968 and does not provide ADA accessibility and energy-efficiency. These upgrades will provide both, as well as encourage outdoor use and efficient use of indoor areas.

E. Low/Mod Area Benefit 570.208 (a) (1)
F. Program Objectives and Outcomes Chart:

Activity Outputs
Public Facility ADA Improvements
Performance Objectives Performance Outcomes
Suitable Living Environment Availability/Accessibility
CDBG National Objective: LMA 570.201 (c)
Outcomes 4623 People
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT A
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

1. Federal Award Identification
A. Subrecipient Name: City of Seal Beach
B. Subrecipient's Unique Identifier (UEI): J2JWJVWQ8EA6 C. Federal Award Identification Number (FAIN): 14.218
D. Federal Award Date: TBA
E. Subaward Period of Performance: FY 2026-27
F. Total Amount of Federal Funds Obligated by the Action: $382,500 G. Total Amount of Federal Funds Obligated to the Subrecipient: $382,500 H. Total Amount of the Federal Award:$ 3,467,220
I. Federal Award Project Description: North Seal Beach Community Center Improvements Phase 2
J. Federal Awarding Agency: HUD
K. Name of PTE: Orange County
L. Contact Information for the Awarding Official: Julia Bidwell- Director (714) 480-2991 [email protected]
M. CFDA Number and Name: 14.218
N. Whether Award is R&D: N/A

0. Indirect Cost Rate for the Federal Award: N/A
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT B
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

PAYMENT/COMPENSATION

PUBLIC FACILITIES & IMPROVEMENTS

1. COMPENSATION:

This is a Contract between the County and the Subrecipient for $382,500 as set forth in Attachment A. Scope of Services attached hereto and incorporated herein by reference. The Subrecipient agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Subrecipient of all its duties and obligations hereunder. The County shall have no obligation to pay any sum in excess of the total Contract amount specified unless authorized by an amendment in accordance with paragraphs C and P of the County's General Terms and Conditions.

2. FIRM DISCOUNT AND PRICING STRUCTURE:

Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, state or federal government entity for services of equal or lesser scope. Subrecipient agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.

3. PAYMENT TERMS:

An invoice for services/activities shall be submitted to the address specified below upon the completion of the services/activities and approval of the County Project Manager. Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice, contingent upon availability of funds, in a format acceptable to the County of Orange, verified and approved by QC Community Resources and subject to routine processing requirements of the County. The responsibility for providing an acceptable invoice rests with the Subrecipient.

Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT B
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach
Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the services.

Invoice(s) are to be sent or emailed to:
[email protected]
INVOICING INSTRUCTIONS:

Further instructions regarding invoicing/reimbursement as set forth in Exhibit 1-OC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference.

The Subrecipient will provide an invoice on Subrecipient's letterhead for services rendered. Each invoice will have a number and will include the following information:

The Demand Letter/Invoice must include Delivery Order (DO) Number, Contract Number, Service date(s) - Month of Service along with other required documentation (See Exhibit 1).

4. OC COMMUNITY RESOURCES CONTRACT REIMBURSEMENT POLICY:

Further instructions regarding invoicing/reimbursements as set forth in Exhibit 1 - QC Community Resources Contract Reimbursement Policy, are attached hereto and incorporated herein by reference.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT C
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

BUDGET SCHEDULE

PUBLIC FACILITIES & IMPROVEMENTS

1. Subrecipient'sBudget Schedule
A. Administration and Program Cost
Project Budget Chart
City of Seal Beach - North Seal Beach Community Center Improvements Project Costs/Activity
UrbanCounty
Funds
Leveraged
Resources Total
Desian/Project Development N/A $70 000 $70,000
Acquisition N/A N/A N/A
Construction $382,500 0 $382,500
Program Administration 0
Total Project Cost $382,500 $70 000 $452,500
B. Detailed Project Budget Description
The existing structure was built in 1968 and does not provide ADA accessibility and energy-efficiency. These upgrades will provide both, as well as encourage outdoor use and efficient use of indoor areas. Funds will be used to upgrade the structure to improve ADA accessibility, replace interior & exterior lighting to improve energy-efficiency, reconfigure and consolidate kitchen appliances for energy-efficiency. Upgrade singlepane doors to dual-paned glass for efficiency and resiliency; rehabilitate restrooms with ADA compliant upgrades and water­ efficient fixtures.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT D
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

STAFFING PLAN

PUBLIC FACILITIES & IMPROVEMENTS

1. Staffing Plan
Project Title: North Seal Beach Community Center Improvements Phase 2 Classification/Title
1 Public Works Director (City)
2 Deputy Public Works Director (City)
The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written approval of the County Project Manager.

The Subrecipient may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and time of the service/class required.

Assignment of additional key personnel shall be subject to County approval. Subrecipient shall provide the name of the staff to the County within a time mutually agreed upon by the Parties but no event later than 30 days after the execution of the Contract.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT E
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

PERFORMANCE STANDARDS

PUBLIC FACILITIES &IMPROVEMENTS

1. Performance Standards
July 1, 2026 - Contract Start Date

2. Tools to Measure Project's Effect-North Seal Beach Community Center Improvements Milestone Date Minimum Required
Expenditure/ Accomplishment
Threshold
Activity Results Achieved
February 15, 2027 50% of Contracted Amount
Expended
$191,250
February 15, 2027 50% of Proposed Accomplishments
Achieved
Design and/or installation
March 15, 2027 70% of Contracted Amount
Expended
$267,750
March 15, 2027 70% of Proposed Accomplishments
Achieved
Construction and/or installation
April 15, 2027 80% of Contracted Amount
Expended
$306,000
April 15, 2027 80% of Proposed Accomplishments
Achieved
Construction and/or installation
June 30, 2027 100%of Contracted Amount
Expended
$382,500
June 30, 2027 100% of Proposed Accomplishments
Achieved
Construction and/or installation

3. Performance Measures - In addition to expenditure milestone deadlines listed in the table above, PF&I projects must complete the design of the project by September 30th and solicitation process by November 15th of the program year, or the subrecipient (city) will not be eligible for a new award for one year.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT E
County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

City of Seal Beach

4. If a project’s performance does not satisfy the expenditure milestones and other deadlines above, the County will have the right to cancel all, or a portion of, the Contract, and recapture the remaining funds from Recipient by sending a written request for repayment to Subrecipient, and allocate such funds to other performing projects. In the event Subrecipient fails to satisfy the Required Expenditure Threshold milestones and other deadlines above, Subrecipient shall promptly repay all unexpended funds to the County within 30 days of receipt of the County’s written request for repayment.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

ATTACHMENT F
City of Seal Beach
CONTRACT MA 012 26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

EXHIBIT 1
Subject: OC Community Resources
Contract Reimbursement Policy
Effective: July 1, 2010
Revised: January 17, 2020
PURPOSE:

This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice.

REFERENCES:

Executed County Board of Supervisors approved contract
Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures
24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only.
2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)
BACKGROUND:

The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR).

ATTACHMENTS:

Reimbursement Policy Status Form (RPS-1)
POLICY:

Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services’ and OC Housing & Community Development’s reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication.

Cost incurred by Contractor must be substantiated and incurred during the contract period.

Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice.

At any time, based on County’s business needs and/or Contractor’s performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section.

PROCEDURES:

Abbreviated Documentation Requirements
Compile and submit:

1. Supporting documentation includes, but is not limited to:
a. General ledger/expense transaction report
b. Payroll register or labor distribution report
c. Payroll allocation plan
d. Personnel Documentation
e. Benefit plan and calculation of benefit
f. Employer-employee contract for non-customary benefits (if applicable) g. Pre-approval documentation for equipment purchases equal to or greater than $5,000

2. The following is required with the first month’s invoice only:
a. Cost allocation plan for rent, utilities, etc.
b. Indirect rate approved by cognizant agency (if applicable)

3. Summary of leveraged resources (if applicable)

4. Demand letters must contain the following certification (if required byContract):
“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and3801-3812)”

5. Grantee Performance Report (if required by Contract)

6. Supporting documentation shall be on single-sided sheets

7. Please redact employees’ Social Security Number from payroll reports

8. Demand letter or invoice, along with supporting documentation shall be submitted to:

OC Community Resources Accounting
601 N. Ross St., 6th Floor
Santa Ana, CA 92701
Comprehensive Documentation Requirements
In addition to abbreviated documentation, compile and submit:

9. Purchase orders, invoices, and receipts

10. Cashed checks

11. Check register

12. Consultant/sub-contractor invoices (with description of services)

13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION:

Distribute this policy to all appropriate staff
INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at:

[email protected]
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Certification for
a Drug-Free Workplace
U.S. Department of Housing
and Urban Development
EXHIBIT 2
Applicant Name
City of Seal Beach Contract # 012-26011073
CDBG – Public Facilities and Improvements, Housing Rehabilitation, Public Services, City Projects Program/Activity Receiving Federal Grant Funding
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below:

I certify that the above named Applicant will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's workplace and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees ---
(I) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by paragraph a. that, as a condition of employment under the grant, the employee will ---
(I) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. . Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has
designated a central point for the receipt of such notices.

Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted ---
(I) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drugfree workplace through implementation of paragraphs a. thru f.

2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.

Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here0if there are workplaces on file that are not identified on the attached sheets.

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

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U .S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date
X
formHUD-50070(3/98)
ref. Handbooks 7417.1 , 7475.13, 7485.1 & .3
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 3/25/2026
Patrick Gallegos City Manager
County of Orange
OC Community Resources

Contract No. 012-26011073
Exhibit 3

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oragency.
(2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document.

Name
Title
Authorized Signature Date
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos
3/25/2026
City’s Manager
County of Orange
OC Community Resources

Contract No. 012-26011073
Exhibit 3
DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification

1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below.

2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.

5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals.

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

8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources

Contract No. 012-26011073
EXHIBIT 4

INSTRUCTIONS FOR COMPLETION OF

SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action.

Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient.

Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants.

5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF LLL A Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources

Contract No. 012-26011073
EXHIBIT 4

DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose activities pursuant to 31 U.S.C 1352

1. Type of Federal Actions:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance

2. Status of Federal Actions:
a. bid/offer/application
b. initial award
c. post-award

3. Report Type:
a. initial filing
b. material change
For material change only:

Year: Quarter:

Date of last report:

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Subawardee:

Enter Name and Address of Prime:

Congressional District, if known:

Prime Subawardee
Tier if known
Congressional District, if known:

6. Federal Department / Agency: 7. Federal Program Name/Description

8. Federal Action Number, if known: 9. Award Amount, if known:
$
10a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
(attach Continuation Sheets SF-LLL-A, if necessary)
10b. Individual Performing Services
(including address if different from No. 10a)
(last name, first name, MI):

11. Amount of Payment (check all that apply):
$ Actual
Planned

13. Type of Payment (check all that apply)
a. retainer
b. one-time free
c. commission
d. contingent fee
e. deferred
f. other specify:

12. Form of Payment (check all that apply):
a. cash
b. in-kind: specify:
nature:
value:

14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11:

15. Continuation sheet(s) SF-LLL-A attached: Yes No

16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No:

Date:

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos
3/25/2026
City Manager
County of Orange
OC Community Resources

Contract No. 012-26011073
Reporting Entity:

Page of
BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C, EXHIBIT 4

DISCLOSURE OF LOBBYING ACTIVITIES

CONTINUATION SHEET
Approved by OMS - 0348-0046
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,

AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:

EXHIBIT 5

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly.

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

Grantee/Contractor Organization
Name
Title
Authorized Signature
*Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB).

City of Seal Beach
Contract No. 012-26011073
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 Patrick Gallegos
City of Seal Beach
City Manager

EXHIBIT D

FAITHFUL PERFORMANCE BOND
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

NORTH SEAL BEACH COMMUNITY CENTER PHASE 2 (CIP BG2505)
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

EXHIBIT E

PAYMENT BOND (LABOR AND MATERIALS)
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

NORTH SEAL BEACH COMMUNITY CENTER PHASE 2 (CIP BG2505)
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of

Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

EXHIBIT F
WORKER’S COMPENSATION INSURANCE CERTIFICATE
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Seal Beach
City Hall
211 8th Street
Seal Beach, California 90740
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By: Its Authorized Representative
EXHIBIT G-1

ADDITIONAL INSURED ENDORSEMENT

COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY]

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured.

Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT G-2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY]

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
EXHIBIT G-3
CONTRACTOR’S POLLUTION LIABILITY
[INSERT INSURANCE CERTIFICATE AND ENDORSEMENT SHOWING
CONTRACTOR’S POLLUTION LIABILITY]
EXHIBIT G-4

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING SEXUAL MISCONDUCT ADDITIONAL INSURED ENDORSEMENT]
EXHIBIT G-5

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING EMPLOYEE DISHONESTY

ADDITIONAL INSURED ENDORSEMENT
EXHIBIT G-6

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]
EXHIBIT G-7

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

EXHIBIT H

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING

CONTRACTOR LICENSING LAWS

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE

CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award):

Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases:

(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.

(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.

(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.

(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.

(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.

(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying

the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement.

Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder.

License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________

EXHIBIT I

AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with all applicable provisions of California law, including but not limited to the following:

1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law.

3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.

4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
Date ___________________ Signature _______________________________________

EXHIBIT J

FEDERAL LABOR STANDARDS PROVISIONS
FORM HUD-4010 (06/2022)

EXHIBIT K

DAVIS-BACON PREVAILING WAGE
DETERMINATION CA20260024, Mod 4, 7/14/26

EXHIBIT L

NONCOLLUSION DECLARATION

EXHIBIT M

DESIGNATION OF SUBCONTRACTORS

EXHIBIT N

SPECIAL PROVISIONS

1. This Exhibit includes: Part I, Special Provisions, attached hereto, and

2. 2018 edition of the Standard Specifications for Public Works Construction (“Green Book”), as adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the “Standard Specifications”, Orange County Public Works Standards, or applicable codes, as amended by the Special Provisions
[i]

SPECIAL PROVISIONS
North Seal Beach Community Center Phase 2
CIP NO. BG2505
INDEX
INDEX i
PART 1 SPECIAL PROVISIONS 1
SECTION 1 - GENERAL 2
1-1 GENERAL 2
1-1.1 General Information 2
1-2 TERMS AND DEFINITIONS 2
1-6 BIDDING AND SUBMISSION OF THE BID 3
1-6.1 General 3
1-7 AWARD AND EXECUTION OF THE CONTRACT 3
1-7.1 General 3
1-7.2 Contract Bonds 4
SECTION 2 - SCOPE OF THE WORK 5
2-1 WORK TO BE DONE 5
2-2 PERMITS 5
2-4 COOPERATION AND COLLATERAL WORK 5
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES 5
2-5.2 Temporary Utility Services 6
2-5.4 Haul Routes 6
2-6 CHANGES REQUESTED BY THE CONTRACTOR 6
2-7 CHANGES INITIATED BY THE AGENCY 6
2-8 EXTRA WORK 7
2-10 DISPUTED WORK 7
SECTION 3 - CONTROL OF THE WORK 8
3-7 CONTRACT DOCUMENTS 8
3-8 SUBMITTALS 8
3-8.1 General 8
3-8.4 Supporting Information 8
3-11 CONTRACT INFORMATION SIGNS 8
3-12 WORK SITE MAINTENANCE 8
3-12.1 General 8
3-12.4 Storage of Equipment and Materials 9
3-12.5 Sanitary Sewers 9
3-12.6 Water Pollution Control 10
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY 10
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3-13.1 Completion 10
3-13.2 Acceptance 11
3-13.3 Warranty 11
3-14 CONTRACTOR’S RECORD/AS-BUILT DRAWINGS. 12
SECTION 4 - CONTROL OF MATERIALS 13
4-1 GENERAL 13
4-3 INSPECTION 13
4-4 TESTING 13
4-6 TRADE NAMES 13
SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES 14
5-1 LAWS AND REGULATIONS 14
5-2 SPECIAL NOTICES 14
5-3 LABOR 14
5-3.1 General 14
5-3.2 Prevailing Wages 14
5-3.3 Payroll Records 14
5-3.4 Hours of Labor 15
5-3.5 Apprentices 15
5-3.6 Debarment or Suspension 15
5-3.7 Registration with the DIR 15
5-3.8 Compliance Monitoring and Posting Job Sites 15
5-3.9 Subcontractors 15
5-3.10 Prevailing Wage Indemnity 16
5-4 INSURANCE 16
5-5 ANTITRUST CLAIMS 16
5-7 SAFETY 17
5-7.1 Work Site Safety 17
5-7.7 Security and Protective Devices 17
5-7.8 Steel Plate Covers 17
5-8 INDEMNIFICATION 17
5-9 CONTRACTOR’S LICENSES. 17
SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK 18
6-1 CONSTRUCTION SCHEDULE aND COMMENCEMENT OF THE WORK 18 6-1.1 Construction Schedule 18
6-1.2 Commencement of the Work 19
6-3 TIME OF COMPLETION 20
6-3.1 General 20
6-3.2 Contract Time Accounting 20
6-4 DELAYS AND EXTENSIONS OF TIME 21
[iii]
6-4.1 General 21
6-4.2 Extensions of Time 21
6-4.3 Payment for Delays 21
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE 22
6-9 LIQUIDATED DAMAGES 22
SECTION 7 - MEASUREMENT AND PAYMENT 23
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 23
7-1.1 General 23
7-2 LUMP SUM WORK 23
7-3 PAYMENT 23
7-3.1 General 23
7-3.2 Partial and Final Payment 23
7-3.5 Contract Unit Prices 26
7-3.8 Eliminated Items 26
7-3.9 AUDIT 26
7-4 PAYMENT FOR EXTRA WORK 27
7-4.3 Markup 27
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 28
8-1 GENERAL 28
SECTION 9 - ADDITIONAL TERMS 29
9-1 NONDISCRIMINATORY EMPLOYMENT 29
9-2 CONTRACTOR’S RESPONSIBILITY FOR WORK 29
9-3 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY 29
9-4 REMOVAL OF INTERFERING OBSTRUCTIONS 29
9-5 SOILS ENGINEERING AND TESTING 29
9-6 ACCESS TO PRIVATE PROPERTY 29
9-7 CLAIM DISPUTE RESOLUTION 30
9-8 THIRD PARTY CLAIMS 30
9-9 COMPLIANCE WITH LAWS 30
9-10 CONTRACTOR’S REPRESENTATIONS 30
9-11 CONFLICTS OF INTEREST 30
9-12 APPLICABLE LAW 30
9-13 TIME 31
9-14 INDEPENDENT CONTRACTOR 31
9-15 CONSTRUCTION 31
9-16 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES 31
9-17 TERM 31
9-18 NOTICE 31
9-19 SEVERABILITY 32
[iv]
PART 2 33
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 34 201-1 PORTLAND CEMENT CONCRETE. 34
201-1.1 Requirements 34
201-1.2 Materials. 34
201-2 REINFORCEMENT FOR CONCRETE 34
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTs 34
201-3.1 General 34
201-3.5 Type “B” Sealant (Preformed Elastomeric Sealant) 34 201-4 CONCRETE CURING MATERIALS 34
SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 35
214-4 PAINT FOR STRIPING AND MARKINGS 35
214-4.1 General 35
214-6 PAVEMENT MARKERS 35
214-6.3 Non-Reflective Pavement Markers 35
214-6.4 Retroreflective Pavement Markers 35
PART 3 36
SECTION 300 - EARTHWORK 36
300-1 CLEARING AND GRUBBING 36
300-1.1 General 36
300-1.2 Root Pruning and Tree Trimming 36
300-2 UNCLASSIFIED EXCAVATION 36
300-2.1 General 36
300-2.2 Unsuitable Material. 37
300-2.6 Surplus Material 37
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 37
303-1 CONCRETE STRUCTURES 37
303-1.2 Subgrade for Concrete Structures 37
303-1.8 Placing Concrete 37
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 38
303-5.1 Requirements 38
303-5.4 Joints 38
303-5.5 Finishing 39
303-7 COLORED CONCRETE 39
303-7.1 General 39
303-13 TRENCH RESURFACING 39
[v]
303-13.1 Temporary Resurfacing 39
SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 40
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 40 314-2.1 General 40
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 40 314-4.1 General 40
314-4.2 Control of Alignment and Layout 40
314-4.4 Thermoplastic Traffic Striping and Pavement Markings 40 314-5 PAVEMENT MARKERS 40
314-5.1 General 41
PART 4 42
SECTION 400 - PROTECTION AND RESTORATION 42
400-1 GENERAL 42
400-2 PERMANENT SURVEY MARKERS 42
400-3 PAYMENT 42
SECTION 402 - UTILITIES 43
402-1 LOCATION 43
402-1.1 General 44
402-1.3 Entry by Utility Owners 45
402-2 PROTECTION 45
402-3 REMOVAL 45
402-4 RELOCATION 45
402-6 COOPERATION 45
SECTION 404 - PART 6 46
SECTION 600 - ACCESS 46
600-1 GENERAL 46
600-2 VEHICULAR ACCESS 46
600-3 PEDESTRIAN ACCESS 47
SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES 48
601-1 GENERAL 48
601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP) 48
APPENDIX A 50
[vi]
SP-1
PART 1

SPECIAL PROVISIONS
SECTION 0. INTRODUCTION AND GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
All the Work specified in these Contract Documents shall be done in accordance with these Special Provisions, provisions of the 2018 edition of the Standard Specifications for Public Works Construction (“Green Book”), adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California; hereinafter referred to as the “Standard Specifications”, Orange County Public Works Standards, or applicable codes. Signs, pavement markings, legends, markers, and temporary traffic control devices (temporary or permanent) shall be done in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices; hereinafter referred to as the “CA MUTCD”. The Standard Specifications, as amended by the Contract Documents, and the CA MUTCD are incorporated in the Contract Documents by this reference.
0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these Special Provisions are compatible with the numbering in the Standard Specifications.
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 of the Standard Specifications, except as otherwise indicated herein. If there is a conflict between the “Standard Specifications” and these additions, these additions shall have precedence. The numbering of sections of these additions refers to the corresponding numbering of sections of the “Standard Specifications”.

SP-2
SECTION 1 - GENERAL
1-1.1 General Information
The City Clerk of the City of Seal Beach, California will receive sealed Bids at their office at the City Hall, 211 8th Street, said City, until the date and time set forth in the Notice Inviting Bids.

Whenever in the Standard Specifications the following terms are used, they shall be understood to mean the following:

Agency City of Seal Beach
Address 211 8th Street
Seal Beach, CA 90740
Board The City Council of the City of Seal Beach
Contract
Documents
The “Contract Documents” consist of the all of the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal Form and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans and Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to the Contract.

Day(s) Unless otherwise noted, “Day” or “Days” shall be working days. As used herein, “working day” means any day other than Saturday, Sunday and any day designated as a holiday by the City of Seal Beach.

Engineer The City Engineer, acting either directly or through properly authorized agents.

Such agents shall act within the scope of the particular duties entrusted to them.

Inspector
An authorized representative of the City, assigned by said City to make inspections of work performed by or material supplied by the Contractor.

Laboratory The designated laboratory authorized by the City of Seal Beach to test materials and work involved in the Contract.

Notice of
Completion
The notice authorized by Civil Code Section 9204
Project See “Work”.
1-1 GENERAL
1-2 TERMS AND DEFINITIONS
SP-3
Submittal Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.

Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1-2 Terms and Definitions of the Standard Specifications for Public Works Construction, 2018 edition.
1-3.3 Institutions
The institutions listed in Section 1-3.3 of Part 1 of the Standard Specifications shall be supplemented by the list below:

Abbreviation Word or Words
AAN ..................................................................................................... American Association of Nurserymen AGCA ........................................................................................ Associated General Contractors of America APWA ..................................................................................................... American Public Works Association CRSI ....................................................................................................... Concrete Reinforcing Steel Institute CSI ......................................................................................................... Construction Specifications Institute NEC ............................................................................................................................. National Electric Code NFPA ...................................................................................................... National Fire Protection Association SSS ............................................................................................ State of California Standard Specifications, Latest edition, Department of Transportation
SSP .......................................................................................................... State of California Standard Plans, Latest edition, Department of Transportation
1-6.1 General
1-6.1.1 Examination of Plans, Specifications, Special Provisions and Site of Work The Bidder is required to examine carefully the Project site and the Project Contract Documents. It will be assumed that the bidder has thoroughly investigated the Work and is satisfied as to the conditions to be encountered and to the character, quality and quantities of work to be performed and materials to be furnished. It is further assumed that the Bidder is familiar with the requirements of the Contract Documents. The submission of a Bid shall be considered conclusive evidence that the Bidder has made such examination.

No information derived from inspection of records or investigation or compilations of same made by the City will in any way relieve the Contractor from his/her obligations under the Contract Documents nor entitle the Contractor to any additional compensation. No claim for additional compensation shall be made by the Contractor for extra work created by conflicts, errors, or discrepancies in the Contract Documents that the Contractor should have discovered prior to submitting his/her Bid. The Contractor will not and agrees not to make any claim against the City based upon ignorance or misunderstanding of any condition of the Work site or of the requirements set forth in the Contract Documents.
1-7.1 General
1-7.1.1 Award of the Contract
The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose Bid complies with all the requirements described. The award, if made, will be made within sixty (60) 1-6 BIDDING AND SUBMISSION OF THE BID
1-7 AWARD AND EXECUTION OF THE CONTRACT
SP-4
calendar days after the opening of the Bids. All Bids will be compared on the basis of the estimate of quantities of work to be done.
1-7.1.2 Execution of the Contract
The Contract shall be signed by the successful Bidder and returned, together with the required bonds, certificates, licenses, and all other applicable documentation within fifteen (15) working days after the date of the mailing of written notice of Contract award to the Bidder.

Upon refusal or failure of the successful Bidder to execute the Contract, the City may award the Contract to the next lowest responsible Bidder and the Bid security shall be forfeited. 1-7.2 Contract Bonds
The successful Contractor shall furnish two (2) bonds as set forth below:

1. A surety bond in an amount equal to one hundred percent (100%) of the Contract price as security for the faithful performance of this Contract.

2. A separate bond in an amount equal to one hundred percent (100%) of the Contract price as security for the payment of all persons performing labor and furnishing materials in connection with this Contract.

The aforesaid bonds shall be in a form satisfactory to the City and issued by a carrier licensed in the State of California with a rating of B+ or better as stated from time to time by Standard and Poors, Moodys, or Bests.

Whenever any surety (or sureties) on any such bonds, or on any bonds required by law for the protection of the claims of laborers and materialmen becomes insufficient, or the Engineer has cause to believe that such surety (or sureties) has or may become insufficient, a demand in writing may be made of the Contractor for such further bond (or bonds) or additional surety, not exceeding the Contract amount as is considered necessary, taking into account the extent of the Work remaining to be done.

No payment shall be made upon such Contract to the Contractor (or any assignee of the Contractor) until such further bond, bonds, or additional surety has been furnished.

The Performance Bond shall remain in force until the date of recordation of the Notice of Completion and the end of all warranty periods set forth in the Contract Documents. The Payment Bond (Labor and Materials) shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.

SP-5
SECTION 2 - SCOPE OF THE WORK
The Work described herein shall be done in accordance with the provisions of the "Standard Specifications for Public Works Construction," 2018 edition, with all amendments thereto (“Standard Specifications”), insofar as the same may apply, and in accordance with these Special Provisions. A copy of the “Standard Specifications for Public Works Construction” is on file in the Office of the Engineer.

The Work necessary for the completion of this Contract consists of, but is not limited to, distributing notices to affected residents and businesses in the Work area; traffic control; cold milling, construction of AC pavement, PCC improvements, replacement of curb ramps, replacement of traffic striping and markings; and other incidental items of work to complete the Project.

The quantity of work to be performed and materials to be furnished are approximate only, being given as a basis for the comparison of Bids. Actual quantities of work to be performed will vary at the discretion of the Engineer.

Prior to the start of any Work, the Contractor shall obtain all applicable City permits and make arrangements for City inspections. City-issued permits will be at no charge to the Contractor, and shall obtain all other permits required from all other agencies. The Contractor and all subcontractors shall each be licensed in accordance with State Business and Professions Code.

The Contractor shall obtain all necessary permits for the discharge or disposal of any ground or surface waters in accordance with the California Regional Water Quality Control Board Regulations.

If this Contract requires construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit, and furnish the City with a copy before Work commencement. Pursuant to Labor Code Section 6707, if this Project involves construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity, including the Caltrans Encroachment Permit for Work within Caltrans right-of-way.

The Contractor shall pay all costs incurred by the permit and license requirements, unless specified in this section. Any delays with acquiring the necessary permits will be at the Contractor’s sole expense.

Contract time extension will not be granted.

The Contractor is required to cooperate with City staff, City-retained contractors, and utility companies and shall be responsible for coordinating all Work with said entities’ operations at no additional cost to the City, which includes, but not limited to City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, special events, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof.
2-1 WORK TO BE DONE
2-2 PERMITS
2-4 COOPERATION AND COLLATERAL WORK
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
SP-6
2-5.2 Temporary Utility Services
The City will supply water reasonably used and required during construction and testing without charge to the Contractor at fire hydrants near the Work and shall be drawn only from hydrants fitted with "Eddy" valves and meters at locations designated by the Engineer. The City reserves the right to limit the location, times, and drawing rates such water.

Full compensation for developing water supply, furnishing water equipment and applying City-furnished water will be considered as included in the price paid for the Contract item of Work involving the use of water. No separate payment will be made therefore.

The Contractor shall arrange for a meter and tender a $3,500.00 meter deposit with the City, and any applicable fees pursuant to the latest City-adopted Cost Recovery Schedule. Additionally, a $301.00 hookup charge will be required. Upon return of the meter to the City, the deposit will be returned to the Contractor, less any repair charges for damage to the meter. 2-5.4 Haul Routes
Subsection 2-5.4 of Part 1 of the Standard Specifications shall be deleted and replaced as follows:

The Contractor must obtain the Engineer’s written approval before using any haul routes.

Further detail requirements for haul traffic are delineated in the Special Provisions.

Changes requested by the Contractor shall be governed by the Standard Specifications except that the mark-up of any such Work and resolution of disputes concerning the scope and payment of such Work shall be governed by Section 2-7 below.

The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, alterations, or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions, and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration, or omission of any kind of Work to be done.

The City may change the Plans, Specifications, character of Work, or quantity of Work, both additive and deductive, regardless of the percentage of Contract Price.

The City may order minor changes or alterations in the Work not involving extra cost or an extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a field order. Before proceeding with the change of Work described in a field order, the Engineer will submit a field order to the Contractor for approval and signature. By signing the field order, the Contractor agrees that he or she shall not be entitled to any additional compensation or extension of time for the Work identified in the field order.

Changes not covered by a field order will be authorized by a change order. A change order is a written order, issued by the City to the Contractor, signed by the Engineer, authorizing an addition, deletion or revision in the Work, or an adjustment in the value of one or more of the respective Bid items, or the Contract time.

Upon the receipt of a change order, the Contractor shall immediately proceed with the Work described therein. All such Work shall be performed in accordance with the applicable requirements of the Contract Documents.
2-6 CHANGES REQUESTED BY THE CONTRACTOR
2-7 CHANGES INITIATED BY THE AGENCY
SP-7
Except as agreed upon by the parties or as provided herein, Section 7-3 or 7-4 of the Standard Specifications shall govern the payment of costs for Work performed pursuant to change orders.

Except as otherwise provided, the Contractor shall be entitled to a mark-up per Section 7-4.3 Markup of the Standard Specifications and these Standard Provisions.

If the Contractor and City are unable to agree upon any adjustments in the Contract price and/or time pursuant to a change order, the City and the Contractor shall try to resolve any difference respecting same. The Contractor shall proceed with the Work called for by the change order notwithstanding any dispute as to the price and/or time adjustments.

Within fifteen (15) Days after the issuance of a change order in which either the price or time or both have not been mutually agreed upon in writing, the Contractor shall submit a written proposal to the Engineer that shall include all reasonable cost data and time extension justification to enable the Engineer to adequately analyze the proposal. If the Contractor cannot reasonably meet this deadline, the Engineer, in his/her sole discretion, may extend the time to resubmit the proposal. The failure of the Contractor to comply in the time constraints imposed herein shall preclude the Contractor from recovering any additional changes in price or time unless the Engineer, within his/her sole discretion, excuses the Contractor’s delay and permits the proposal to be processed and considered by the City. The Engineer shall issue its finding on any price or time adjustment request within thirty (30) Days from receipt of the written proposal except as provided in this subsection. The Contractor waives any claim for damages or additional time arising from changes or revisions to the Contract Documents.

New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer.

Any and all disputes or claims arising out of changes in Work for the Project or relating to the Contract Documents that are not disposed of by agreement or are not governed by Section 7-6 of these Special Provisions shall be decided by the Engineer in writing as set forth above. The decision of the Engineer shall be final and conclusive on the Contractor unless, within fifteen (15) Days from the receipt of such decision, the Contractor submits to the City a written claim for review of the decision made by the Engineer. The City shall review all decisions within a reasonable time. The Contractor and Engineer shall be afforded an opportunity to be heard and to offer evidence with respect to each claim. The City shall render its decision promptly and the decision shall be final and conclusive.

Except for the filing of a claim as provided for herein or otherwise governed by Section 7 – Measurement and Payment of these Special Provisions, the Contractor understands and agrees that no other procedures for submission of a claim or request for either increasing its Contract price or time shall apply.

Time is of the essence and failure of the Contractor to satisfy any deadline for filing as provided for herein shall preclude the Contractor from later recovering on a claim or request from the City in any legal proceeding.
2-8 EXTRA WORK
2-10 DISPUTED WORK
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SECTION 3 - CONTROL OF THE WORK
In case of conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. The Special Provisions shall take precedence over both the Project Plans and Standard Specifications.

The precedence of Contract Documents are as follows:

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Contracts, whichever occurs last.

3. Addenda.

4. Contract.

5. Special Provisions.

6. Plans.

7. Bid/Proposal.

8. General Provisions.

9. Standard Plans.

10. Standard Specifications and Reference Specifications. 3-8.1 General
Unless otherwise noted, submittals shall be submitted to the Engineer for review a minimum of twenty (20) Days prior to material procurement. Unless otherwise noted, three (3) hard copies, and one (1) electronic copy shall be provided for each submittal item. 3-8.4 Supporting Information
Add to this section:
n) Schedule of Values
The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within any public right-of-way or on any City property outside the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.
3-12.1 General
Clean-up shall be done as Work progresses at the end of each Day and thoroughly before weekends.

The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Day.

If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged plus mark-up to the Contractor and deducted from the Contract Price.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during 3-7 CONTRACT DOCUMENTS
3-8 SUBMITTALS
3-11 CONTRACT INFORMATION SIGNS
3-12 WORK SITE MAINTENANCE
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construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site. 3-12.3 Noise Control.

Unless otherwise noted, noise generated from the Contractor’s operations shall comply with the City of Seal Beach Municipal Code Section 7.25 Noise.
3-12.4 Storage of Equipment and Materials
3-12.4.1 General
The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure materials are undamaged and are maintained under required conditions.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
3-12.4.2 Storage in Public Streets
Construction materials and equipment shall not be stored in streets, roads, sidewalk areas, or City property unless approved by the Engineer in advance. It is the Contractor’s responsibility to obtain an area for the storage of equipment and materials. The Contractor will not be allowed to start Work until the Inspector has reviewed and approved the storage and staging areas, which shall be fenced with green screen and secured on all sides. The Contractor shall obtain the Engineer’s approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move-in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre-construction condition, or better. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 3-12.5 Sanitary Sewers
3-12.5.1 General
Throughout the progress of the Work, the Contractor shall be responsible for providing temporary sewer bypasses, providing temporary facilities, and providing all necessary coordination in order to maintain the continuous collection and transport of sewage. The Contractor shall submit a Work plan in accordance with the Contract Documents which provides details of the Work necessary to satisfy the above condition.

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3-12.6 Water Pollution Control
3-12.6.1 General
The Contractor shall comply with all applicable provisions of the Orange County Stormwater Runoff Manual throughout the course of construction. 3-12.6.2 Best Management Practices
Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once weekly to keep the construction area acceptably clean wherever construction, including restoration, is incomplete.

If City street sweeping is suspended for the Project, the Contractor shall be responsible for maintaining street cleanliness to the satisfaction of the Engineer, until City services are reinstated.

Refer to BMP SE-7, Street Sweeping and Vacuuming in the BMP Handbook.

Contractor shall NOT wash out vehicles, trucks, equipments, materials, and/or any appurtenances on streets and/or natural ground surface. Contractor shall provide separate washout facilities.
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP)
If required by a jurisdictional regulatory agency, the Contractor agrees to provide for City review and approval and implement an approved Storm Water Pollution Prevention Plan (SWPPP) to prevent the run-off of construction materials into the City’s storm water system. These run-off control measures are defined by the currently applicable National Pollutant Discharge Elimination System (NPDES) Permit R8-2010-0062, as may be amended or superseded.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FOR STORM WATER

DISCHARGES ASSOCIATED WITH CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES WATER QUALITY ORDER NO. 2009-0009-DWQ, AS MAY BE AMENDED OR SUPERSEDED On September 2, 2009, the State Water Resources Control Board adopted Order No. 2009-0009- DWQ (Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities and Land Disturbance Activities). Effective July 1, 2010, all discharges (construction sites where calculated soil disturbance totals 1 acre or more) are required to obtain coverage and comply with this Construction General Permit (CGP). Any amended, modified or successor orders are hereby incorporated herein by this reference.

A copy of this permit and related documents/attachments may be found on the internet at:
http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml The CONTRACTOR is hereby directed to read and understand all the requirements of this Permit as they relate to this Project.
3-13.1 Completion
The Contractor shall complete all Work under the Contract within ___________ (____) Working Days from the Notice to Proceed.

A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as-built drawings of all Work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
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each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as-built plans.

For the purposes of the calculation of liquidated damages, the Work herein contracted for shall be deemed to be completed within the meaning of this Contract when same has been actually completed in accordance with the plans and specifications therefore and to the satisfaction of the Engineer. The Project must be certified by the Engineer in accordance with Section 3-13 of the Standard Specifications and these Special Provisions.
3-13.2 Acceptance
Any new Work found to be defective, damaged, or with graffiti prior to its acceptance shall be repaired or replaced by the Contractor at his/her sole expense.

The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the Engineer:

1. A form of Notice of Completion, with all information required by the California Civil Code;

2. “Certificate of Occupancy” indicating approval by City departments and divisions;

3. Receipt by the City of all written guarantees, warranties, and approvals from governing agencies as specified herein;

4. Evidence that the Performance Bond has been extended and will remain in effect for the period specified in Section 1-7.2 of the Standard Specifications, as modified by these Special Provisions;

5. Submission of a full size digital and hard copy set of all as-built plans; and

6. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished in both digital and hard copy format for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least five (5) Days’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.
3-13.3 Warranty
For the purpose of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer’s acceptance of the final item(s) on that punchlist.

The Contractor shall repair or replace defective materials and workmanship as required in this Section 3-

13.3 at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with SP-12
any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

The Contractor hereby guarantees that the entire Work constructed by him/her under this Contract will meet fully all requirements thereof as to quality of workmanship and materials furnished by him/her.

The Contractor hereby agrees to make, at his/her/its own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by him/her/it that become evidence within one (1) year after City Council acceptance of the Work.

Within one (1) year after acceptance of the Work, Contractor further agrees to restore to full compliance with any requirements any Work or materials found to be deficient with respect to any provisions of the Contract Documents.

The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the Contractor fails to make the repair and replacements promptly, the City may do the Work and the Contractor and his surety shall be liable to the City for the cost thereof.

This guarantee shall be secured by the Faithful Performance Bond furnished under the Contract and said bond shall remain in force and effect until the expiration of said one (1) year period from date of acceptance of the Project by the City Council.

A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain “As-Built” drawings of all Work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment bill is submitted. The As-Built plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds.

The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the Project. During this time, the material shall be made available to the Engineer.
3-14 CONTRACTOR’S RECORD/AS-BUILT DRAWINGS.

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SECTION 4 - CONTROL OF MATERIALS
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.

All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the Work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor’s readiness for inspection. Submittals are required for all construction materials.

Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the Work, such tests and inspections shall be paid for by the Contractor.

Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions.

The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the cost of all subsequent tests, including but not limited to the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.

If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.

If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than 48 hours after the Bid opening, unless a different deadline is listed in the Special Provisions. 4-1 GENERAL
4-3 INSPECTION
4-4 TESTING
4-6 TRADE NAMES
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SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES
The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of public authorities that govern, regulate or control the performance of its Work.

In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or subcontractor not so licensed is subject to the penalties imposed by such laws.

The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of the City. If Contractor observes that any of the Contract Documents are at variance therewith in any respect, Contractor shall promptly notify the Engineer in writing and any necessary changes shall be adjusted by appropriate modifications.

If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and/or regulations, and without such notice to the Engineer, Contractor shall assume full responsibility therefore and he/she shall bear all costs attributable thereto.
5-3.1 General
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.
5-3.2 Prevailing Wages
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.

The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor. 5-3.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) Days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the 5-1 LAWS AND REGULATIONS
5-2 SPECIAL NOTICES
5-3 LABOR
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request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.
5-3.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
5-3.7 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a Bid, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
5-3.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual SP-16
provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.
5-3.10 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract.

The insurance provisions of the Contract supersede the insurance provisions of Section 5-4 of the Standard Specifications.

The Contractor’s attention is directed to the following provisions of California Government Code Sections 4552, 4553, and 4554, which shall be applicable to the Contractor and his or her subcontractors:

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials by the Contractor or subcontractor pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Title 1, Chapter 11 of the Government Code, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the City as part of the Bid price, less the expenses incurred in obtaining that portion of the recovery.

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. 5-4 INSURANCE
5-5 ANTITRUST CLAIMS
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5-7.1 Work Site Safety
5-7.1.1 General
Due to the Project’s location, the Contractor shall be required to secure and render safe the entire construction area at the end of each Day. Work areas must be well barricaded and flagged. No open excavations will be allowed on the weekends.

This Project must follow all AQMD, CAL/OSHA, and applicable Agencies Having Jurisdiction (AHJ) requirements and Rule 1403 for handling of Asbestos-Contained and Lead-Contained Materials.
5-7.7 Security and Protective Devices
Contractor shall be responsible for and shall provide and maintain all required guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors.

Contractor shall protect all Work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the Work per Section 3-12 of these Special Provisions. Contractor shall provide for the safety and good condition of all Work until final acceptance of the Work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance.

Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City personnel.

Any damage to private property shall be repaired at the sole expense of the Contractor. 5-7.8 Steel Plate Covers
5-7.8.1 General
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. Steel plates on pavement shall be pinned and recessed flush with existing pavement surface on arterial and collector roadways.

The Contractor shall make all openings, trenches, and/or excavations covered, protected, and safely opened to the public at the end of each Day, unless otherwise approved by the Engineer.

Reference is made to the indemnification provisions of the Contract, which are incorporated into the Standard Specifications by this reference.

At the time of the award and until completion of the Work, the Contractor shall possess a General Engineering Contractor “A” License. At the start of Work and until completion of Work, the Contractor and all Sub-Contractors shall possess a valid Business License issued by the City. 5-7 SAFETY
5-8 INDEMNIFICATION
5-9 CONTRACTOR’S LICENSES.

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SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK
6-1.1 Construction Schedule
Within ten (10) Days before the scheduled pre-construction meeting, the Contractor must submit to the Engineer for review and approval the construction schedule required by the first paragraph of Section 6-

1.1 and shows critical path scheduling. The Contractor shall make revisions as required by the Engineer.

The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall not begin construction until the construction schedule is approved.

The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If Work falls behind the baseline schedule, the Contractor shall be prohibited from starting additional Work until Contractor has exerted extra effort to meet the baseline schedule and demonstrated the ability to maintain the schedule in the future. Such stoppages in Work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra Work because additional personnel and equipment were required on the job.

The Contractor shall update the schedule periodically or as directed by the Engineer to reflect and delay or extension of time. In addition, the Contractor shall prepare 3-week look-ahead schedules on a biweekly basis with detailed daily activities.

The Contractor shall update this Construction Schedule when directed by the Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.

The Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.
6-1.1.1 Pre-Construction Conference
Approximately ___________ (___) Days before the commencement of Work at the site, a preconstruction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Days before the pre-construction conference. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
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5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) Contractor’s tentative schedule.
2) Pre-construction video and photographic documentation. 3) Notification of local residents prior to starting any Work and keeping them informed throughout the Project.
4) Procedures for transmittal, review, and distribution of Contractor’s submittals. 5) Processing applications for payment.
6) Maintaining record documents.
7) Critical Work sequencing.
8) Maintaining utility service during construction, including proposed by-passes. 9) NPDES requirements.
10) Compliance with the Orange County Stormwater Programs, including the December 2012 “Construction Runoff Guidance Manual.”
11) Field decisions and Change Orders.
12) Use of Project site, office and storage areas, security, housekeeping, and City needs. 13) Major equipment deliveries and priorities.
14) Traffic Control.
15) Any other item that the City representative states is relevant to the meeting.

The City will preside at the pre-construction meeting and will arrange for keeping and distributing the minutes to all persons in attendance. Attendance by the Contractor’s Project manager and superintendent, and its subcontractors is mandatory.
6-1.1.2 Weekly Construction Meeting
Weekly construction meetings will be held during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a three (3) week “look ahead” schedule for each meeting. The City will prepare the meeting agenda and minutes, and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by the Engineer that weekly meetings are not necessary, the weekly construction meeting frequency may be changed.
6-1.2 Commencement of the Work
The Contractor shall not begin any construction activity at the site before a “Notice to Proceed” has been issued, a pre-construction meeting has been conducted, and a schedule of Work has been approved by the Engineer. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
6-1.3 Construction Coordination and Phasing
(Insert/revised construction coordination and phasing for each project’s needs) The following construction coordination and phasing items shall be considered and incorporated into the construction schedule:
• Contractor shall not open construction areas that cannot be replaced on the same Day.

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• All traffic lanes shall be opened to vehicular traffic at the end of each work period (day or night).

Temporary striping or slurry tabs shall be placed daily on recently completed Work. Contractor shall be responsible for maintain any temporary striping until permanent striping is applied and accepted. • Asphalt removals, grading, pulverization, cement and asphalt placement, final grading and compaction, shall take place on a continuous sequential operation • Contractor shall coordinate with all affected residents/businesses to maintain access. • Unless otherwise permitted, no Work will be permitted on beachside of Electric Avenue between Memorial Day and Labor Day.
• Remobilization work due to summer construction moratorium? • <insert conditions>
6-3.1 General
The Contractor shall complete all Work under the Contract within XX CONSECUTIVE WORKING DAYS after the date on the Notice to Proceed. The Contractor shall not be allowed to begin any construction activity at the site prior to the issuance of the Notice to Proceed.

Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process shop drawings, and begin equipment/materials procurement. The Contractor shall ensure the availability of all material prior to the start of Work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of Work.

The Contractor shall coordinate the Work of the various phases of the Project and/or its subcontractors to avoid interference, duplication of work or unfinished gaps between operations.

Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. No Work will be allowed on ________, _________ or City holidays, which are as follows:
__________________________________________. A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.

The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the Work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above.

Should the Contractor elect to Work outside normal working hours, the Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the day, he shall give 12 hours’ notice to the Inspector so that inspection may be provided. Additionally, the Contractor shall pay for supplemental inspection costs of $200 per hour when such time periods are approved.
6-3.2 Contract Time Accounting
Add to this section: Designated City holidays are defined as:

1. January 1st (New Year’s Day)

2. Third Monday in January (Martin Luther King Day)

3. Third Monday in February (President’s Day)

4. Last Monday in May (Memorial Day)

5. July 4th (Independence Day)

6. First Monday in September (Labor Day)

7. November 11th (Veterans Day)

8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 6-3 TIME OF COMPLETION
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9. December 24th (Christmas Eve)

10. December 25th (Christmas)

11. December 26th thru 30th (City Office Closure)

12. December 31st (New Year’s Eve)

13. Special Election Days

14. Any other City-designed non-working days.

If a holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-4.1 General
The Contractor shall be entitled to an extension of the Contract time without the assessment of liquidated damages when delays in the completion of Work are extended by change order or caused by Acts of God, public enemies, fire, flood, epidemics, quarantine, restrictions, strikes, shortages of materials, trade embargoes and severe weather, delay of subcontractors due to such causes or delays caused solely by the act or omission of the City, as applicable. It shall be the responsibility of the Contractor to notify the Engineer in writing within five (5) Days prior to any such delay, if reasonably possible, and submit evidence as required by the Engineer to substantiate his/her entitlement to additional time.

The term “severe weather” shall be construed to mean only such weather as in the judgment of the Engineer prevents Work or makes performance of the Work difficult or hazardous either during the weather’s occurrence or its aftermath.

No extension of time will be granted for delay caused by shortage of materials. No time extension will be granted for delays which do not affect the critical path of the construction schedule provided at the PreConstruction Meeting. No extension of time will be granted for any event, including pandemics, leading to the issuance of a “stay at home” or similar kind of order by any local, State, or federal governmental authority, if the Work has been deemed, either by emergency order or proclamation, or operation of law, to be an essential service that is exempt from such stay at home or similar order.

Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-4.2 Extensions of Time
In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work. 6-4 DELAYS AND EXTENSIONS OF TIME
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This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor.

The following sentence is added to Section 6-8:

In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.

Liquidated damages as set forth in Section 6-9 of the Standard Specifications shall be Five Hundred Dollars ($500) per calendar day. Nothing in this section shall prohibit the Engineer or City Council from granting to the Contractor an extension of time and the waiving of the liquidated damages.

The intent of this section is to emphasize to the Contractor the importance of prosecuting the Work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of the Work.

For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 3-13.1 of Part 1 of the Standard Specifications. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
6-9 LIQUIDATED DAMAGES
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SECTION 7 - MEASUREMENT AND PAYMENT
7-1.1 General
Revise paragraph two to read: The unit and lump sum Bid prices for each item of Work shown on the Bid shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the Work, including restoring all existing improvements, to complete the item of Work in place and no other compensation will be allowed thereafter. Payment for incidental items of Work not separately listed shall be included in the prices shown for the other related items of Work. The following items of Work pertain to the Bid items included within the contractor’s Proposal.

Reference is made to Section 7-2 of the Standard Specifications. 7-3.1 General
Within ten (10) Days after award of the Contract, Contractor shall prepare and submit to the Engineer a complete and correct cost breakdown of the Contract sum for the purpose of establishing progress payments to the Contractor based on the progress of the Work, if any. The Contractor agrees to revise its original breakdown, if necessary, to satisfy the Engineer as to content, distribution of costs and form.

On or before the 10th day of each month, the Contractor shall submit an invoice for payment to the Engineer. Said payment shall be in accordance with the Contract Documents and shall be in the amount accepted by the Engineer, less five percent (5%) of the amount accepted by the Engineer and less all previous payments made and sums to be kept or retained under the provisions of the Contract Documents. Payment will be made on or about thirty (30) Days following receipt of the invoice unless it is the subject of an audit by the City or is not properly submitted. A payment request is properly submitted if it contains all information necessary to document that the Work for which payment is requested has been performed, contains all required backup, including any materials required to be submitted to document compliance with the applicable Labor Code laws. Payments shall be made if the above conditions are satisfied and if funds are available for payment and the payment is not delayed due to an audit inquiry by the City or a dispute exists over the payment request.

No payment will be made for materials prior to the complete installation of the materials.

The unit and lump sum prices to be paid shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer. In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 7-3.2 Partial and Final Payment
For purposes of Section 7-3.2, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the tenth (10th) Day of the following month for verification and payment consideration. 7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
7-2 LUMP SUM WORK
7-3 PAYMENT
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7-3.2.1 Final Payment
The Engineer, after the completion of the Project, shall make a final determination of the amount of Work done thereunder, and the value of such Work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract Documents. The prior partial payments and estimates shall be subject to correction in the final estimate and payment.

In processing the final payment estimate, the Engineer will invite the Contractor to review and discuss said final estimate during the seven (7) calendar day period following acceptance of the Work by the City.

It is mutually agreed between the parties to the Contract that no certificate given or payment made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment shall be construed to be an acceptance of any defective Work or improper materials.

Retention or deposited securities shall be released to the Contractor sixty (60) calendar days after the date of completion as the term is defined by Section 7107(c) of the Public Contract Code.

In the event of a dispute between the Contractor and the Contractor, the City shall withhold from the final payment to the Contractor an amount not to exceed 150 percent of the disputed amount. 7-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of acceptance or cessation, but not later than the period permitted by Public Contract Code Section 7107.
7-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the Engineer, the Engineer shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions. 7-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.

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7-3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense.

Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.
7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest.

In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the SP-26
Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon. 7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f).
7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.
7-3.5 Contract Unit Prices
7-3.5.2 Increases of More than 25 Percent
Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity shall be paid according to the Contract Unit Price. No adjustments in the Contract Unit Price will be allowed. 7-3.5.3 Decreases of More than 25 Percent
Should the actual quantity of an item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in Contract Unit Price will not be made.
7-3.8 Eliminated Items
Should any Bid item be eliminated in its entirety prior to the Notice to Proceed date, no payment will be made for said Bid Item. Should any Bid item be eliminated in its entirety after the Notice to Proceed date, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineering so stating its elimination. 7-3.9 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-3.9 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the SP-27
City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.
7-4.3 Markup
7-4.3.1 Work by the Contractor
Add to this section: Except as agreed upon by the parties or as provided herein, Section 7-3 or 7- 4 of the Standard Specifications shall govern the payment of costs for Work performed pursuant to change orders.

Except as otherwise provided, the Contractor shall be entitled to a mark-up (consisting of reasonable profit and overhead costs) of a maximum amount not to exceed:
• Labor 15%
• Materials 15%
• Equipment Rental 15%
• Other Items & Expenditures 15%
for Work performed pursuant to a change order. Such mark-up shall be the sole monetary compensation to which the Contractor shall be entitled above the actual cost for performing such Work.
7-4.3.2 Work by the Subcontractor
When all or any part of the extra Work is performed by a Subcontractor, the markup established in subsection 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of fivepercent (5%) of the subcontracted portion for the extra Work may be added by the Contractor. 7-4 PAYMENT FOR EXTRA WORK
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SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel. 8-1 GENERAL
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Section 9 is hereby added to Part 1 of the Standard Specifications, as follows:

SECTION 9 - ADDITIONAL TERMS
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

Until the final acceptance of the Work by the City Council in accordance with Section 3-13.2 of the General Provisions, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his/her Bid.

The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.

A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.

Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 9-1 NONDISCRIMINATORY EMPLOYMENT
9-2 CONTRACTOR’S RESPONSIBILITY FOR WORK
9-3 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
9-4 REMOVAL OF INTERFERING OBSTRUCTIONS
9-5 SOILS ENGINEERING AND TESTING
9-6 ACCESS TO PRIVATE PROPERTY
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In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, “claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any Subcontractor must file a claim in accordance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable).

In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract.

The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents.

By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony.

The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.
9-7 CLAIM DISPUTE RESOLUTION
9-8 THIRD PARTY CLAIMS
9-9 COMPLIANCE WITH LAWS
9-10 CONTRACTOR’S REPRESENTATIONS
9-11 CONFLICTS OF INTEREST
9-12 APPLICABLE LAW
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The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in the Superior Court with geographic jurisdiction over the City.

Time is of the essence in these Contract Documents.

The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors.

In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.

Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents.

In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.

The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.

Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third 9-13 TIME
9-14 INDEPENDENT CONTRACTOR
9-15 CONSTRUCTION
9-16 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
9-17 TERM
9-18 NOTICE
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(3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.

If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.
9-19 SEVERABILITY
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PART 2

CONSTRUCTION MATERIALS
PART 2 – CONSTRUCTION MATERIALS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 2 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

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SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class Concrete Curb, Gutter, Curb and Gutter, Sidewalk, Ramp 560-C-3250 Concrete Cross Gutter, Rolled Curb, Alley Intersections, Driveways 560-C-3250 Storm Drain, Local Depressions, and Miscellaneous Structures 560-C-3250 Curing Compound Type I D
Concrete mix design shall be submitted to the Engineer a minimum of ten (10) Days prior to installation.
201-1.2 Materials.
201-1.2.1 Cement
a) Portland Cement
Type II/V Portland cement shall be used.
201-1.2.5.3 Fly Ash.

The use of fly ash will not be allowed.
201-2.2.1 Reinforcing Steel.

Reinforcing steel shall be deformed bars conforming to ASTM A615 or A706 Grade 60. Unless otherwise noted, bars shall be galvanized after fabrication in accordance with ASTM A767/A, Class 1, except that chromating is not required.
201-3.1 General
Expansion joints shall be placed in curb and gutter at 80 feet intervals and valley gutters and sidewalks at 40 feet intervals with joint sealants (gray color) and at the BCR and ECR and around utility poles.

Dowels for contact joints shall be #4 galvanized bars 18 inches long. Weakened plane joints shall be at 10 feet intervals.
201-3.5 Type “B” Sealant (Preformed Elastomeric Sealant) Elastomeric sealant shall be gray in color.
201-4.1.1 General.

Concrete curing compound shall be Type 1 (clear or translucent). 201-1 PORTLAND CEMENT CONCRETE.
201-2 REINFORCEMENT FOR CONCRETE
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-4 CONCRETE CURING MATERIALS
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SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic, unless otherwise noted.

All pavement markers shall comply with Section 84 of the State of California Standard Specifications. 214-6.3 Non-Reflective Pavement Markers
214-6.3.1 General
All new non-reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers
214-6.4.1 General
All retroreflective pavement markers shall be 3M Series 290 with glass-covered faces, or approved equal.
214-4 PAINT FOR STRIPING AND MARKINGS
214-6 PAVEMENT MARKERS
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PART 3

CONSTRUCTION METHODS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 3 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 300 - EARTHWORK
300-1.1 General
The Clearing and Grubbing work items identified in Section 300-1 shall include the following: removal and/or relocation of any native or non-native interfering items or structures encountered; replacement of any damaged grass or landscaped areas impacted by the construction activities; tree, shrub, and ground cover trimming; mailbox and sign relocation; roof and curb drain relocation.

Trees and plants that are not to be removed shall be fully protected from injury by the Contractor at its expense. Trees and plants that are removed shall be done in such a manner as not to injure adjacent trees, plants, and improvements which are to be preserved.

The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer.

Non reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse and the Contractor’s expense. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill.

The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility.

The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate Bid items.
300-1.2 Root Pruning and Tree Trimming
The Contractor shall have a licensed Arborist, approved by the Engineer, directing all tree pruning operations and all trimming of roots in excess of 2” diameter on the Project. In the event a tree that is to be protected is damaged and must be removed due to Contractor negligence, the Contractor shall reimburse the City for the full appraised value of said tree. 300-2.1 General
Unclassified excavation shall consist of, but not limited to, all sawcutting, excavation, including roadways, bituminous pavement, and concrete pavement, curb and roof/curb drain relocations, walk, gutters, structural encounters, cross gutters, driveways, access ramps, alley intersections, and any native/non-native items necessary to accommodate the Work, and the disposal of such items. 300-1 CLEARING AND GRUBBING
300-2 UNCLASSIFIED EXCAVATION
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Improvements removed without prior approval of the Engineer are subject to replacement at the Contractor’s cost. Sidewalks to be removed to nearest score line or joint.

In addition to those items specified in Section 300-2.1, unclassified excavation shall include all grading, shaping, excavation, compacting, subgrade preparation, consolidating or other Work that is needed to establish the final profiles and subgrade for to accommodate Contract improvements. 300-2.1.1 Requirements
Bituminous pavement shall be removed to neatly sawed edges as required by the Engineer.

Saw cuts shall be full depth. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch (25mm) of new pavement material shall be provided at the join line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials. 300-2.2 Unsuitable Material.
300-2.2.1 Wet Material
Subsection 300-2.2.2 of the Standard Specifications is hereby deleted and replaced with the following:

If required excavated material is unsatisfactory for use as backfill solely because of high moisture content, the Contractor shall provide imported backfill per the requirements of Subsection 306-

1.3.7 of the Standard Specifications. If such high moisture content is not the result of any action on the part of the Contractor, or inaction in protecting the Work during the course of the Contract, the imported backfill will be paid in accordance with Section 3. This price shall include all costs associated with transporting and disposing of any excess material away from the Project site, with no additional compensation allowed therefor. Otherwise, the Work and material shall be at the expense of the Contractor.
300-2.6 Surplus Material
It shall be the Contractor’s responsibility to remove and dispose of all excess material resulting from earthwork operations, including excavated pavement fabric and material of any character that is not suitable for use in fill or backfill. Any excess material not needed for the Project shall be removed from the Project by the Contractor and disposed of in compliance with local, state and federal regulations.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-1.2 Subgrade for Concrete Structures
All roots shall be removed from subgrade within two inches of concrete structures. Root barrier locations to be determined by the Engineer prior to Work. Root barriers and root pruning shall conform to SPPWC Standard No. 523-2.
303-1.8 Placing Concrete
303-1.8.1 General
Curb and gutter shall not be placed monolithic with other concrete improvements, such as curb ramps or sidewalk. A cold joint is required at the back of curb. Scoring shall match adjacent scoring pattern.
303-1 CONCRETE STRUCTURES
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303-5.1 Requirements
303-5.1.1 General

1. Driveway approaches shall be reconstructed and open for use within three calendar days after the commencement of driveway approach removal.

2. Curb access ramps, sidewalks, curb and gutter shall be reconstructed and open for use within five calendar days after commencement of their removal.

3. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade.

4. Reconstructed sidewalk shall be open to public use on the day following concrete placement.

5. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be replaced within 72 hours following concrete placement.

6. All damaged private improvements shall be repaired in-kind to the satisfaction of the respective owner within 72 hours of reconstruction Work.

7. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such Work until the Work is ready for public use.

8. Contractor shall be responsible for protecting all new concrete from vandalism. 303-5.1.4 Truncated Dome
Curb ramp detectable warning surface shall consist of raised truncated domes installed on curb ramps in conformance with Caltrans Standard Detail A88A and these special provisions. Unless otherwise noted, the detectable warning surface shall be prefabricated, cast-in-place, or stamped into the surface of the curb ramp. Detectable surfaces that are attached to the top of the ramp or non-flush set surfaces are not allowed. The color of the detectable warning surface shall be dark gray conforming to Federal Standard 595B.

Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations.

The finished surfaces of the detectable warning surface shall be free from blemishes.

The manufacturer shall provide a written minimum 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the Contract.
303-5.4 Joints
303-5.4.1 General
Joints in concrete curb, gutter, and walk shall be designated as expansion and weakened plane joints and shall adhere to the guidelines as set forth in the Greenbook and on the Contract Documents. Expansion joints required every 20’ on sidewalks and every 40’ on curb and gutter.

Additional expansion joints may be required as directed by the Engineer. The Contractor shall sawcut all existing concrete joints prior to be joined to existing improvements, unless otherwise directed by the Engineer. Sealant shall be used in curb and gutter expansion joints. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,

ACCESS RAMPS AND DRIVEWAYS
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303-5.5 Finishing
303-5.5.2 Curb
The Contractor shall install or replace curb markings that indicate sewer or water lateral or water valve locations on the face of the curb. The Contractor shall mark the curb with a chiseled “S” or “W” for sewer or water lateral and a chiseled “V-X” for water valve locations. “X” shall indicate the number of feet from the curb face to the valve.
303-5.5.3 Walk
Unless otherwise noted, walk shall be given a medium-broom finish applied transversely to the centerline.
303-7.1 General
Colored concrete shall be procured by Method B – Integral color. 303-13.1 Temporary Resurfacing
Temporary patching of the trench is required immediately after backfilling in the paved or surfaced portions of the street. The Contractor shall be responsible for maintaining said temporary patching at all times, until permanent resurfacing has been completed by the Contractor.

The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing material shall be included in the Contract unit price bid for the various items of Work involved and no additional compensation will be allowed.
303-7 COLORED CONCRETE
303-13 TRENCH RESURFACING
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SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS
314-2.1 General
The Contractor shall remove all existing traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer.
314-4.1 General
All temporary traffic striping and markings shall be applied in one coat of paint as soon as possible within 24 hours after the finish course has been applied.

All Stop Bars shall be temporarily striped on the same day before the street is reopened to traffic. 314-4.2 Control of Alignment and Layout
The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary ½ inch in 40 feet from the existing alignment. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop Bars shall be painted before the end of each Day.
314-4.4 Thermoplastic Traffic Striping and Pavement Markings The Contractor shall inventory the entire Project limits prior to the start of Work. The Contractor shall place all striping and markings with reflectorized thermoplastic, upgraded to the current standards, inkind.

The Contractor shall “cat track” for stripings and markings no later than 24 hours after application of slurry. The Contractor shall notify the Engineer when “cat tracking” is completed and ready for review.

The final reflectorized thermoplastic striping shall not be applied until the slurry seal has been in place for at least 7 calendar days. Thermoplastic striping shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines. Thermoplastic striping shall be applied at 0.90 mm minimum thickness at all crosswalks and limit lines.

If the Contractor fails to perform the striping as specified herein, the Contractor shall cease all Contract Work until the striping has been properly performed. Such termination of Work shall require the Contractor to re-install “NO PARKING, TOW-AWAY” signs and re-notify the affected residents and businesses at the Contractor’s sole expense. In addition, if the Contractor removes, covers, or damages existing striping and/or raised pavement markers outside of the Work area Contractor shall re-stripe and/or replace such Work items at the Contractor’s expense. 314-4.4.2 Surface Preparation
Primer shall be applied to concrete surfaces prior to application of thermoplastic striping. The primer shall be formulated for the intended application. 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-5 PAVEMENT MARKERS
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314-5.1 General
Raised pavement markers shall not be placed until the finish course pavement or slurry has been in place for at least 15 calendar days.

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PART 4

EXISTING IMPROVEMENTS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 4 (Existing Improvements) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 400 - PROTECTION AND RESTORATION
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

The second paragraph of subsection 400-1 is hereby deleted and replaced with the following:

The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, drains, signage, striping, markings, utility installations, pavements, structures, landscaping, etc.), or damaged or removed as a result of Contractor’s operations. This Work shall also include the replacement, relocation, and/or reconstruction of private improvements that are impacted by the Project, including, but not limited to, those impacts associated with Project construction activities in the vicinity of the downstream limits of the Project.

Where existing or Project-constructed traffic striping, pavement markings, raised pavement markers, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements within three (3) Days of final paving. Temporary striping and markers shall be placed until permanent improvements are installed.

Relocations, repairs, replacements, or reestablishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

The Contractor shall, prior to the beginning of Work, inspect the Project for existing survey monuments, property corners, and centerline ties, and then schedule a meeting with the Engineer to review the location of the monuments. The Contractor shall protect all survey monuments during construction operations.

In the event that existing survey monuments, corners, or ties are removed or otherwise disturbed during the course of the Work, the Contractor’s California Registered Land Surveyor shall restore the affected survey monuments, corners or ties. The Contractor’s Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon restoration Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work

400-1 GENERAL
400-2 PERMANENT SURVEY MARKERS
400-3 PAYMENT
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No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. Permanent survey markers will be restored by the Contractor at its own expense.

SECTION 402 - UTILITIES
The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

Contractor shall be required to verify (pothole) depths and locations of all utility line crossings prior to excavation and to adjust grade to avoid utility lines at no additional compensation. The plans include approximate locations and extents of most, and not necessarily all, utility crossings. This information was derived from a search of available information and may not be complete. The Engineer and the City make no guarantees, warranties, or assurances that the information is complete or reflective of field conditions. The cost of verifying depths and locations of all utility line crossings shall be borne by the Contractor.

The Contractor shall notify the owners of all utilities and substructures as set forth in Section 600-1 Temporary Traffic Control General Access.

Within five (5) Days after the completion of the Work, or phase of Work, the Contractor shall remove all Underground Service Alert (USA) utility markings. Any surface damaged by USA marking application and/or removal effort shall be repaired to its pre-construction condition, or better, at the Contractor’s sole expense
402-1 LOCATION
SP-44
402-1.1 General
The Contractor shall notify the Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:

CITY OF SEAL BEACH
Public Works Department
(562) 431-2527
Attention: Iris Lee
Water Division
(562) 431-2527 ext.1409
Attention: Darrick Escobedo

SOUTHERN CALIFORNIA EDISON COMPANY
(562) 981-8236
Attention: Jeffrey Berry

THE GAS COMPANY
(714) 634-3039
Attention: Saul Saenz

VERIZON
(714) 822-6207
Attention: Matt Bergine

SPECTRUM/CHARTER
(714) 591-4882
Attention: Antonio Ortiz

FRONTIER COMMUNIATIONS
(714) 375-6717
Attention: Ariel Fatalla

ORANGE COUNTY SANITATION DISTRICT
(714) 593-7242
Attention: Rich Leon

UNDERGROUND SERVICE ALERT (USA)
(800) 422-4133
The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the Work to verify points of connection and potential conflicts. No segment of Work shall begin until the Contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground.

Within five (5) Days after completion of the Work or phase of Work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damage by the removal effort shall be repaired to its pre-construction condition or better at the Contractor’s expense.

SP-45
402-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.

If the Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.

In the event that an existing pull box, meter box, or any other utility box is damaged by the Contractor and is not re-useable, the Contractor shall provide and install a new replacement pull box, meter box, or any other utility box of identical type and size at no additional cost to the City.

Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.

The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.

The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor. 402-2 PROTECTION
402-3 REMOVAL
402-4 RELOCATION
402-6 COOPERATION
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SECTION 404 - PART 6

TEMPORARY TRAFFIC CONTROL
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 6 (Temporary Traffic Control) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 600 - ACCESS
Traffic control shall conform to Section 601 of the Standard Specifications, the W.A.T.C.H. Handbook, the most recent edition, and the State of California "Manual of Traffic Control Devices," most recent edition, and must be approved by the Engineer.

The Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.

Notices to Residents/Businesses: The Contractor shall prepare and distribute written notices to each affected residence and business advising them that access to their property will be temporarily restricted.

The Contractor shall submit draft notification letters to the Engineer for review and approval prior to distribution. Notification letters shall be distributed by Contractor two weeks in advance of beginning of construction giving notice of traffic restriction, period of construction, and suggested use of alternate routing. Exact wording on the advanced notification letters will be approved by the Engineer. Notification shall be provided to all properties with frontage on the Project limits and all affected properties.

The Contractor shall also hand deliver additional notice(s) in the form of a door hanger to all affected residents and businesses affected by the Work at least 5 Days in advance of the Work. A draft shall be submitted by the Contractor to the Engineer for approval 10 Days in advance of required posting.

Reproduction of the public notices and door hangers shall be the responsibility of the Contractor. The public notices and door hangers shall be reproduced on minimum 65# color hard stock material. Errors in distribution, false-starts, acts of nature, strikes or other alterations of the schedule will require renotification by the Contractor, at Contractor’s cost, using an explanatory letter prepared by the Contractor and approved by the Engineer. The Contractor shall submit to the Engineer, at least 24 hours in advance, a written statement that such notices have been distributed.

The Contractor shall post no parking signage 48 hours prior to construction.

If required, the Contractor shall install and maintain in place “NO PARKING-TOW AWAY” signs (even if streets have posted “NO PARKING” signs) which shall be posted at least seventy-two (72) hours in advance of the need for enforcement. In addition, it shall be the Contractor’s responsibility to notify the City’s Police Department at (562) 799-4100 for verification of posting at least seventy-two (72) hours in advance of the need for enforcement. The Contractor shall have photographic proof of placement of signs.

The Contractor shall print the hours and dates of parking restriction on the “NO PARKING-TOW AWAY” sign in 2-inch high non-erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting.
600-1 GENERAL
600-2 VEHICULAR ACCESS
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The Contractor shall provide safe pedestrian access at all times. Pedestrian access to all storefronts, offices, residences within the limits of Work must be maintained at all times. Detours may be necessary.

Appropriate signage and barricades are required for sidewalk closures at detour locations. 600-3 PEDESTRIAN ACCESS
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SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES
The Contractor shall furnish, install, and maintain adequate signage, barricades, delineators, yellow safety ribbons, changeable message board, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments.

Messages for the changeable message boards shall be updated by the Contractor as directed by the Engineer.

Signs shall be erected on barricades and not delineators. Flagging may be necessary.

Prior to construction, the Contractor shall submit to the Engineer for approval a traffic control plan. The traffic control plan shall be prepared by a Civil or Traffic Engineer licensed in the State of California. The plan shall include, but not be limited to, location of all signs and proposed vehicular and pedestrian traffic flow diagrams. If approved by the Engineer, Contractor may use applicable temporary traffic control setups in accordance with the Work Area Traffic Control Handbook (WATCH) Manual for local streets, collectors and alleys, and shall not be used for arterials. Submittal of said traffic control set-ups to the Engineer for review and approval at least ten (10) Days prior to commencement of any Work applies.

Traffic control and detours shall incorporate the following items:

1. Emergency vehicle access shall be maintained at all times.

2. The locations and wordings of all barricade, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public.

3. All advanced warning sign installations shall be reflectorized and/or lighted.

4. The Contractor shall accommodate the City’s trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor’s responsibility to make alternative trash collection arrangements by contacting the City’s Public Works Yard, at (562) 431-2527 Ext. 1414, and all affected property owners.

5. The Contractor shall make special accommodations to provide access for residents with disabilities on the closed streets.

6. If necessary, temporary shutdown of streets and alleys must be approved by the City a minimum of 72 hours in advance of the proposed closure. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets.

7. Sidewalk closures in residential area, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure.

8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure.

9. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. 601-1 GENERAL
601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP)
SP-49
***END OF SECTION***
SP-50

APPENDIX A
<PROJECT NAME> Project Plans

EXHIBIT O

REFERENCE DOCUMENTS
The provisions of Chapter 9.60 (BUILDING CODE) of Title 9 (Public Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code are hereby incorporated herein by this reference, and are available at the following link:
https://ecode360.com/SE5012

1. The provisions of the California Building Code as adopted and amended by City of Seal Beach shall apply to all buildings and structures, excluding the provisions of the California Residential Code.

2. The provisions of the California Electrical Code as adopted and amended by City of Seal Beach shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

3. The provisions of the California Mechanical Code as adopted and amended by City of Seal Beach shall apply to the installation, alterations, repairs and replacement of residential and commercial mechanical and gas systems, including equipment, appliances, fixtures, fittings and for appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. Where there is a conflict between the California Mechanical and Plumbing Codes, as related to chapters for gas or fuel, the provisions provided in the Plumbing Code shall prevail.

4. The provisions of the California Plumbing Code as adopted and amended by City of Seal Beach shall apply to the installation, alteration, repair, replacement of plumbing systems and gas delivery systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the California Plumbing Code shall apply to private sewage disposal systems.

5. The mandatory provisions of the California Fire Code as adopted and amended by City of Seal Beach shall apply to all new and existing buildings, structures and premises.

EXHIBIT P

DEBARMENT CERTIFICATION

EXHIBIT Q
STANDARD FORM-LLL, “DISCLOSURE FORM TO REPORT LOBBYING”

EXHIBIT R

DRUG-FREE WORKPLACE CERTIFICATION
FORM HUD-50070 (3/98)
Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-GB-101723-MDJ
Service Type: General Building
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and MDJ Management, LLC, 531 Main St, Suite 611, El Segundo, CA 90245 (Contractor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.

The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region.

I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.

II. REGION AND SERVICES
The Contractor’s Region is: Region 8. The Contractor’s IDIQ construction service type is: General Building. The Contractor has agreed to perform work outside the Region.

III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.

A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500. 







 

 



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

B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.2000.

C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500.

D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.1500.

E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2800.

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

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

Sourcewell MDJ Management, LLC
By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon
Title: Chief Procurement Officer Title: President
Date: Date:








 

 









 









AGREEMENT TO

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

Sourcewell and MDJ Management, LLC (“Contractor”) have entered into an Indefinite Delivery-Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-MDJ, with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”).

The parties agree to modify and extend the Contract as stated below.

CONTRACT MODIFICATION
The following is adopted as the new CTC for the Contract effective December 6, 2024:

Sourcewell California - Region 8
Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification.

EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2024 through December 5, 2025.

Sourcewell MDJ Management, LLC
By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon
Title: Chief Procurement Officer Title: President
Date: Date:

Docusign Envelope ID: 7DDBE139-72E0-4A5D-8E63-D5944C7C43EE 11/14/2024 | 8:46 PM CST 11/14/2024 | 8:26 PM CST

AGREEMENT TO

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

Sourcewell and MDJ Management, LLC (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB-101723-MDJ with an initial term ending December 5, 2024, and five bilateral options to extend for an additional one-year term (“Contract”). This contract has previously been extended by the parties for the term ending December 5, 2025. The parties agree to modify and extend the Contract as stated below.

CONTRACT MODIFICATION
The updated CTC will appear in the eGordian software upon receipt of the executed extension document.

Pursuant to the Contract, Contractor’s Adjustment Factors remain fixed for the duration of the contract term and are unaffected by this modification.

EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period of December 6, 2025 through December 5, 2026.

Sourcewell MDJ Management, LLC
By: __________________________ By: __________________________ Jeremy Schwartz Matthew McMillon
Title: Chief Procurement Officer Title: President
Date: Date:

Docusign Envelope ID: D48A8846-94C3-4C41-B8DF-C73F987F7205 10/29/2025 | 3:16 PM CDT 10/30/2025 | 6:21 PM CDT
Agenda Item E

AGENDA STAFF REPORT
DATE: September 28, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Approving and Awarding a Professional Services Agreement with BKF Engineers for Design and
Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7821:

1. Approving and awarding a Professional Services Agreement to BKF Engineers for Professional Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 (Project) for a not-to-exceed amount of $74,922, and rejecting all other proposals; and,

2. Authorizing the City Manager, or his designee, to execute the Agreement with BKF Engineers on behalf of the City; and,

3. Authorizing the City Manager, or his designee, to approve additional work requests for professional design and construction support services up to $15,000 (approximately 20%).

BACKGROUND AND ANALYSIS:

What is the ECP Tier 1 Grant Program?
The Environmental Cleanup Program (ECP) Tier 1 Grant Program, funded through Measure M2 and administered by the Orange County Transportation Authority (OCTA), provides competitive grants to Orange County cities and agencies for projects that reduce transportation-related pollution entering storm drain systems, waterways, and ultimately the ocean. The program focuses on capturing visible pollutants such as trash, litter, and debris before they leave roadways and storm drains.

Tier 1 projects typically fund installation of:
• Hydrodynamic separators (HDS)
• Catch basin screens
• Full trash capture devices
• Retractable screens
• Other stormwater best management practices (BMPs)
The grants are intended to help local agencies comply with federal and state water quality regulations, including California's Trash Amendments, while supplementing rather than replacing, local funding.

The City was previously awarded a grant through the 2024 OCTA Project X Tier 1 funding cycle for installation of an HDS unit, a device that removes sediment, trash, and other pollutants from stormwater by using the natural flow of water and gravity, near the intersection of Galleon Way and Electric Avenue. This project was designed and is now in the construction phase.

The 5th Street HDS unit will be the second unit to be funded through the same ECP Tier 1 grant and will be installed within the existing storm drain system in the Bridgeport community.

Seal Beach's ECP Tier 1 Award
In the 2025 OCTA Project X Tier 1 funding cycle, the City received funding for the 5 th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602. The Project was recommended for approximately $600,000 in Measure M2 funding, with a required 20 percent local match, which has been budgeted at $263,188, for a total project budget of $863,188. The approved scope includes the installation of:
• One Hydrodynamic Separator (HDS),
• One Automatic Retractable Screen (ARS-FX), and
• Expansion of an existing catch basin
On August 5, 2026, the City issued a Request for Proposals (RFP) for the Project through PlanetBids. On August 26, 2026, at 10:00 am, staff received two (2) proposals for evaluation.

The evaluation panel, comprised of Public Works staff, independently evaluated the proposals based on the firms’ overall qualifications, relevant experience, availability, familiarity with the City’s policies and the ECP Tier 1 grant program, and understanding of and approach to delivering a successful project.

Staff Recommendation
Based on this panel’s evaluation, staff recommends that the City enter into an agreement with BKF Engineers (BKF) for professional design and construction support services for the Project. The agreement is separate from BKF’s existing on-call agreement and was procured through a project-specific solicitation. BKF has satisfactorily completed similar work for the City of Seal Beach and nearby agencies.

Based on experienced gained from the Galleon Way project and the potential for unforeseen conditions associated with construction along 5th Street, staff recommends including a 20 percent (20%) contingency to address additional geotechnical investigation, potholing, and other unforeseen work that may be necessary to locate existing utilities and avoid potential delays during installation.

ENVIRONMENTAL IMPACT:

This project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301 Class 1, Subsection (b) of the CEQA Guidelines because it can be seen with certainty that approval of the BKF Engineers Professional Services Agreement will not have a significant effect on the environment.

LEGAL ANALYSIS:

The City Attorney has reviewed and approved the resolution and agreement as to form.

FINANCIAL IMPACT:

The recommended professional services agreement budget plus contingency totals $89,922. Sufficient funds have been allocated in the approved Fiscal Year 2026-27 budget under CIP SD2602.

Description Cost
BKF Engineers (Design/Construction Support) $ 74,922
BKF Engineers (20% Contingency) $ 15,000
$ 89,922
Unspent funds will be returned to the original funding source.

RECOMMENDATION:

That the City Council adopt Resolution 7821:

1. Approving and awarding a Professional Services Agreement to BKF Engineers for Professional Design and Construction Support Services for

the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 (Project) for a not-to-exceed amount of $74,922, and rejecting all other proposals; and,

2. Authorizing the City Manager, or his designee, to execute the Agreement with BKF Engineers on behalf of the City; and,

3. Authorizing the City Manager, or his designee, to approve additional work requests for professional design and construction support services up to $15,000 (approximately 20%).

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7821
B. Professional Services Agreement for Design Professional and Construction Support Services
RESOLUTION 7821

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

APPROVING AND AWARDING A PROFESSIONAL SERVICES

AGREEMENT WITH BKF ENGINEERS FOR PROFESSIONAL

DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE
5 TH STREET AT ELECTRIC AVENUE STORMWATER
TREATMENT PROJECT, CIP SD2602
WHEREAS, in the 2025 OCTA Project X Tier 1 funding cycle, the City of Seal Beach (City) received funding for the Stormwater Treatment Improvements at 5th Street at Electric Avenue (Project), CIP SD2602; and,
WHEREAS, funding for the Project was included in the Fiscal Year 2026-27 Capital Improvements Program (CIP) for the design and construction services; and,
WHEREAS, on August 26, 2026, the City received two (2) proposals in response to the Request for Proposal (RFP); and,
WHEREAS, the City performed a detailed review and evaluation of the proposals and deemed BKF Engineers as the most qualified; and,
WHEREAS, City and consultant wish to enter into an agreement for Project design and construction support services, as provided herein.

NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine and order as follows:

Section 1. The City Council hereby approves the Professional Services Agreement (Agreement) between the City of Seal Beach and BKF Engineers for design and construction support services in a not-toexceed amount of $74,922 for the Project.

Section 2. The City Council hereby authorizes the City Manager, or his designee, to execute the Agreement with BKF Engineers.

Section 3. The City Council hereby authorizes the City Manager, or his designee, to approve additional work requests for design and construction services up to $15,000 (approximately 20%).

Section 4. The City Council hereby rejects all other proposals.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 28th day of September 2026 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7821 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September 2026.

Gloria D. Harper, City Clerk

DESIGN PROFESSIONAL SERVICES AGREEMENT
for
Professional Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment
Project
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
BKF Engineers
4675 MacArthur Court, Suite 400
Newport Beach, CA 92660
(949) 526-8460
This Professional Service Agreement (“the Agreement”) is made as of September 28, 2026, (the “Effective Date”), by and between BKF Engineers (“Consultant”), a California corporation and the City of Seal Beach (“City”), a California charter city, (collectively, “the Parties”).
2 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26

RECITALS
A. City desires certain engineering design professional and construction support services.

B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued a Request for Proposals (“RFP”) on August 5, 2026, for Professional Design Engineering Services for the 5th Street at Electric Avenue Stormwater Treatment Project and as further defined and described with specificity in Section 1.0 of this Agreement. Consultant submitted a proposal dated August 26, 2026, to perform the professional design and construction support services defined and described in Section 1.0 of this Agreement.

C. Consultant represents that the principal members of its firm are licensed and registered professional engineers and are fully qualified to perform the design professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

D. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform those professional design and construction support services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.

AGREEMENT

1.0 Consultant’s Services

1.1. Scope of Services. In compliance with all terms, conditions and provisions of this Agreement, Consultant shall provide those professional design and construction support services (collectively “Services”) set forth in the Request for Proposals or other solicitation (“RFP”), attached hereto as Exhibit A and incorporated herein by this reference, and Consultant’s accepted Proposal (“Proposal”), dated August 26, 2026, attached hereto as Exhibit B and incorporated herein by this reference, all to City’s reasonable satisfaction. The Services relate to the following City project: 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602.

1.2. Agreement Documents; Order of Precedence.

1.2.1. The Agreement Documents include this Agreement, and all of the following: (i) Exhibit A (the RFP, including all standards, appendices and 3 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 exhibits attached thereto or referenced therein); and (ii) Exhibit B (the Proposal (Consultant’s accepted proposal, “Proposal”); and (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements). Exhibits A, B and C are incorporated herein by this reference as though set forth in full.

1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A (the RFP); and then (iii) Exhibit C (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit B (the Proposal), shall control. In the event there is any conflict between the Agreement, on the one hand, and Exhibits A, B, and/or C on the other hand, the Agreement shall control. Nothing in the Proposal (Exhibit B) shall vary or waive any terms, provisions or conditions of this Agreement.

1.3. Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. City relies upon the skill of Consultant, and Consultant’s staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant’s staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Consultant’s work by City shall not operate as a release of Consultant from such standard of care and workmanship.

1.4. Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (i) has investigated and considered the scope and level of services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from City’s Representative.

1.5. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.

1.6. Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund 4 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.

2.0 Term

2.1. Original Term. The term of this Agreement shall commence on September 28, 2026, and shall remain in full force and effect until June 30, 2029, unless sooner terminated as provided in Section 5.0 of this Agreement. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years (“Original Term”) and shall expire at midnight on June 30, 2029, unless sooner terminated or extended as provided by this Agreement.

3.0 Consultant’s Compensation

3.1. Original Term. In consideration of Consultant’s performance of the Services described in Section 1.0, City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B for the Services but in no event will City pay more than the total not-to-exceed amount of $74,922.00 (Seventy-Four Thousand Nine Hundred Twenty-Two dollars) for the Original Term.

Payment for any additional work authorized by City pursuant to Subsection 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B, and shall not exceed the cumulative amount established by the City Council at the time of award for the Original Term.

4.0 Method of Payment
Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.

5.0 Termination

5.1. Termination by City.

5.1.1. This Agreement may be terminated by City, without cause, upon giving Consultant written notice thereof not less than 30 days prior to the date of termination.

5.1.2. This Agreement may be terminated by City upon 10 days’ notice to Consultant if Consultant fails to provide satisfactory evidence of 5 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.

5.2. Termination by Consultant. This Agreement may be terminated by Consultant based on reasonable cause, by serving written notice of termination to City, provided that Consultant has first served City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice.

5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Consultant shall cease all work under this Agreement immediately upon the effective termination date set forth in the notice of termination. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Consultant is not then in breach, City shall pay Consultant all undisputed amounts for any portion of the Services satisfactorily completed prior to termination, based on the reasonable value of the Services rendered. If said termination occurs prior to completion of any specific task for which a payment request has not been received, the charge for Services performed shall be the reasonable value of such Services, based on an amount agreed to by City and Consultant. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Consultant be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Consultant shall not be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services up to date of termination.

Consultant shall have no other claim against City by reason of such termination, including any claim for compensation or damages.

6.0 Party Representatives

6.1. The City Manager is City’s representative for purposes of this Agreement.

6.2. Dan Villines is Consultant's primary representative for purposes of this Agreement. Dan Villines shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld.

7.0 Notices

7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in 6 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of Seal Beach
211-8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: BKF Engineers
4675 MacArthur Court, Suite 400
Newport Beach, CA 92660
Attn: Dan Villines

7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8.0 Permits and Licenses
Consultant and all of Consultant’s employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code.

9.0 Independent Contractor

9.1. Consultant is an independent contractor and not an employee of City.

All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision. Consultant will determine the means, methods, and details by which Consultant’s employees and other personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

9.2. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform 7 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 all Services off of City premises at locations of Consultant’s choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

9.3. In addition to all other provisions of this Agreement, Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, servants, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

9.4. Consultant shall defend, indemnify and hold harmless City. its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

10.0 PERS Compliance and Indemnification
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RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26

10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law (“PERL”), commencing at Government Code § 20000, as amended by the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations.

10.2. Indemnification. To the maximum extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.0 Ownership of Work Product

11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, photographs, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or electronic files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed, or used by Consultant in the performance of this Agreement (collectively “Work Product”) shall be considered “works made for hire,” for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Consultant’s consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City’s 9 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 own risk. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product.

11.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11.1.

11.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Consultant shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, agents, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant’s covenants and obligations under this Section shall survive the expiration or termination of this Agreement.

11.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City.

If Consultant prepares a document on a computer, Consultant shall provide City with said document both in a printed format and in an electronic format that is acceptable to City.

12.0 Confidentiality

12.1. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Consultant covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion 10 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 or other information created, developed, received or provided by Consultant for performance of this Agreement are confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such Work Product, or other data, documents, writings, discussion or other information to persons or entities other than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, servants, volunteers and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the geographical boundaries of City.

Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City timely notice of such court order or subpoena.

12.2. Consultant shall promptly notify City should Consultant, its officers, employees, agents, and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the geographical boundaries of City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

12.3. Consultant’s covenants and obligations under this Section shall survive the termination or expiration of this Agreement.

13.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of City, and any subcontracting shall be at Consultant’s sole cost and expense. Consultant is fully responsible to City for the performance of any and all subcontractors. All authorized subcontracts, if any, shall contain a provision making the subcontractor subject to the terms, requirements and provisions of this Agreement.

14.0 Prohibition Against Assignment, Transfer or Delegation Consultant shall not assign or transfer this Agreement or any of Consultant’s rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation 11 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 without City’s consent shall be void and without effect, and shall entitle City to terminate this Agreement.

15.0 Inspection and Audit of Records
Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City’s rights under this Section 15.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later.

16.0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to City any hazardous condition noted by Consultant.

17.0 Insurance

17.1. General Requirements. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section.

17.2. Minimum Scope and Limits of Insurance. Consultant shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows:
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17.2.1. Commercial General Liability Insurance, with a minimum limit of $2,000,000 per occurrence for bodily injury, death, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, servants, and other persons necessary or incidental to its operation are insureds.

17.2.2. Automobile Liability Insurance, with a minimum limit of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

17.2.3. Workers’ Compensation Insurance in the amount required by law; and Employer’s Liability Insurance with a minimum limit of $1,000,000 per accident and in the aggregate for bodily injury or disease.

17.2.4. Professional Liability (or Errors and Omissions Liability) Insurance, with a minimum limit of $1,000,000 per claim/aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years.

17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City.

17.4. Additional Insureds.

17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work.

17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, 13 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies.

17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials;

17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of Consultant's insurance and shall not be called upon to contribute with it;

17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials.

17.8. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, servants, volunteers, and those City agents serving as independent contractors in the role of City officials; or (ii) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer’s right of subrogation against City, its elected and appointed officials, officers, employees, agents, servants, volunteers, 14 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 and those City agents serving as independent contractors in the role of City officials. Consultant hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor.

17.10. Enforcement of Agreement Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on City’s part to inform Consultant of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder.

17.11. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. All certificates and endorsements shall be received and approved by City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

17.13. Insurance Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the 15 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 obligations of Consultant under this Agreement. Consultant may also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant.

17.15. Subcontractor Insurance Requirements/Pass-Through Clause.

Consultant shall require each of its subconsultants and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Consultant agrees to monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Consultant agrees to submit all agreements with consultants, subcontractors, and others engaged in the Services upon City’s request.

17.16. Timely Notice of Claims. Consultant shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies.

18.0 Indemnification, Hold Harmless, and Duty to Defend

18.1. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City, its elected and appointed officials, officers, attorneys, employees, agents, servants, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees” in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), in law or in equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, to the extent arising out of, pertaining to, or relating to, in whole or in part, the breach of this Agreement and/or the negligence, recklessness or willful misconduct of Consultant and/or its officers, agents, servants, employees, contractors subcontractors, subconsultants and/or their officers, directors, agents, servants or employees (or any entity or individual for whom Consultant shall bear the legal liability) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code § 2782.8(c). Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant’s proportionate percentage of fault.
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18.2. Other Indemnities.

18.2.1. Other than in the performance of design professional services and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, or losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement, and/or any acts, errors, omissions, negligence, or willful misconduct of Consultant, its officers, agents, servants, employees, contractors, subcontractors, subconsultants, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Consultant shall bear legal liability) in the performance of the Services and/or this Agreement , except to the extent the Liabilities arise from the active or sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense.

Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.

18.2.2. Consultant shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0.

18.3. Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, subconsultant, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity agreements, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and/or Liabilities in law or equity, whether actual, alleged or threatened, arising out of, claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Consultant’s subcontractor, subconsultant or other person or entity, and its officers, agents, servants, employees, materialmen, contractors, subcontractors, subconsultants, or their officers, agents, servants or employees (or any entity or individual for whom Consultant’s subcontractor, subconsultant and/or such other person or individual shall bear the legal liability) in the performance of the Services or this Agreement, 17 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 except to the extent the Claims and/or Liabilities arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties.

18.4. Workers’ Compensation Acts Not Limiting. Consultant’s indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, employees, agents, servants, volunteers and those City agents serving as independent contractors in the role of City officials.

18.5. Indemnification Not Limited By Insurance. Procurement of insurance by Consultant is not and shall not be construed as a limitation of Consultant’s liability, or as a waiver of or limitation on full performance of Consultant’s duties of defense and indemnification, under this Section 18.0 or under any other provision of this Agreement. Consultant’s defense and indemnification obligations under this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees as defined in this Section 18.0, and Consultant’s defense and indemnification obligations under this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, City, or any of the other Indemnitees.

18.6. Survival of Terms. Consultant’s covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement.

19.0 Non-Discrimination and Equal Employment Opportunity Consultant affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Consultant covenants that it shall not discriminate, harass or retaliate against any of its employees, applicants for employment, contractors, subcontractors, or subconsultants because or on account of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Consultant further covenants that in the performance of this Agreement, Consultant shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, agents, servants, volunteers, those City agents serving as independent contractors in the role of City officials, or any of City’s consultants, contractors, subcontractors, or subconsultants, on any basis prohibited by law. 18 of 25
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20.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

21.0 Prevailing Wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein.

22.0 Entire Agreement
This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties.

23.0 Government Code Claim Compliance
In addition to any and all requirements of this Agreement pertaining to notices of and requests for compensation or payment for additional services, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to additional services, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a lawsuit against City.

24.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

25.0 Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in 19 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both).

26.0 Non-Exclusive Agreement
Consultant acknowledges that City may enter into agreements with other consultants for services encompassed by or similar to the services that are subject to this Agreement or may have its own employees perform services encompassed by or similar to those services contemplated by this Agreement.

27.0 No Third Party Beneficiaries
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement.

28.0 Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states.

29.0 Prohibited Interests; Conflict of Interest

29.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.

Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

29.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee 20 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

29.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section.

30.0 Final Payment Acceptance Constitutes Release
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its officers, directors, employees, agents, servants. and subcontractors for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its officers, directors, employees, agents, servants and subcontractors.

31.0 Corrections
In addition to the indemnification obligations set forth above, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

32.0 Non-Appropriation of Funds
Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, 21 of 25
RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

33.0 Mutual Cooperation

33.1. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

33.2. Consultant’s Cooperation. Consultant agrees to work closely and cooperate fully with City’s representative and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

34.0 Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

35.0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

36.0 Recitals
City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement.

37.0 Titles and Headings
The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
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38.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
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RFP Fifth Street at Electric - Sample Contract Revised: 07/22/26 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written.

CITY OF SEAL BEACH
By: _________________________
Patrick Gallegos, City Manager
Attest:

By: _________________________
Gloria D. Harper, City Clerk
Approved as to Form:

By: _________________________
Nicholas Ghirelli, City Attorney
CONSULTANT: BKF Engineers, a
California corporation
By: __________________________
Name: Roger Chung
Its: Associate Vice President
By: __________________________
Name: Peter Wijsman
Its: Executive Vice President
(Please note, two signatures required for
corporations pursuant to California
Corporations Code Section 313 from
each of the following categories: (i) the
chairperson of the board, the president or
any vice president, and (ii) the secretary,
any assistant secretary, the chief
financial officer or any assistant treasurer
of such corporation.)

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

Peter C Wijsman
Digitally signed by Peter C Wijsman
DN: C=US, [email protected],
O=BKF, OU=Infrastructure Division,
CN=Peter C Wijsman
Date: 2026.09.24 08:59:05-07'00'
City of Seal Beach Master Approved: 4/24/26
3224469v1

EXHIBIT A
CITY REQUEST FOR PROPOSALS –
Professional Design Engineering Services for
the 5th Street at Electric Avenue Stormwater
Treatment Project

City of Seal Beach
Request for Proposals
for
Professional Design Engineering Services for
the 5th Street at Electric Avenue Stormwater
Treatment Project
RFP responses to be received until
10:00 A.M., August 26, 2026
in the Public Works Department
ATTN: Kathryne Cho, Deputy Director of Public Works/City Engineer Approved for Advertising:

Kathryne Cho
Deputy Public Works Director/City Engineer
Date Issued: August 5, 2026