Agenda packet — Seal Beach City Council, September 28, 2026 (part 1 of 4)

A G E N D A

MEETING OF THE CITY COUNCIL
Monday, September 28, 2026 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California

LISA LANDAU
MAYOR
Third District

BEN WONG
MAYOR PRO TEM
Second District

JOE KALMICK
COUNCIL MEMBER
First District

PATTY SENECAL
COUNCIL MEMBER
Fourth District

NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov. The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Microsoft Teams at the following link https://teams.microsoft.com/meet/296958473476160? p=KXZXp8fqj7Ep3tCZWp.

City Council meetings are broadcast live on Seal Beach TV-3 and on the City's website (www.sealbeachca.gov). Check SBTV-3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).

In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

COUNCIL ROLL CALL

PRESENTATIONS / RECOGNITIONS
• San Gabriel River Trash Mitigation Update/ Recognition of Assembly Member Dixon
• Citizen-Council Olympic Advisory Ad Hoc Committee Update • Fire Prevention Week Presentation

ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council's discretion, be referred to the City Manager and placed on a future agenda.

Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Council, although the submission of a speaker card is not required in order to address the Council.

Emailed Comment from JO8N
Public Comment from Scott Newton

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS

ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.

CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Patrick Gallegos, City Manager

COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.

COUNCIL ITEMS – None

CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.

A. Approval of the City Council Minutes – That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on September 14, 2026.

B. Demand on City Treasury (Fiscal Year 2027) – Ratification.

C. Monthly Investment Report (August 31, 2026) – Receive and file.

D. Awarding and Authorizing Execution of a Public Works Agreement with MDJ Management, LLC for the North Seal Beach Community Center Phase 2, CIP BG2505 – That the City Council adopt Resolution 7820: 1.

Approving the scope of work for North Seal Beach Community Center Phase 2, CIP BG2505 (Project); and, 2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $368,667.53 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ); and, 3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and, 4. Authorizing the City Manager, or designee, to approve up to $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund.

E. Approving and Awarding a Professional Services Agreement with BKF Engineers for Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 – That the City Council adopt Resolution 7821: 1. Approving and awarding a Professional Services Agreement to BKF Engineers for Professional Design and Construction Support Services for the 5th Street at Electric Avenue Stormwater Treatment Project, CIP SD2602 (Project) for a not-to-exceed amount of $74,922, and rejecting all other proposals; and, 2. Authorizing the City Manager, or his designee, to execute the Agreement with BKF Engineers on behalf of the City; and, 3. Authorizing the City Manager, or his designee, to approve additional work requests for professional design and construction support services up to $15,000 (approximately 20%).

F. Approving and Awarding Agreement for Professional Services Agreement to Local Agency Engineering Associates, Inc. for Interagency Support Services – That the City Council adopt Resolution 7822: 1.

Approving and awarding a Professional Services Agreement to Local Agency Engineering Associates, Inc. (LAE Associates, Inc.) for Interagency Support Services pursuant to the exemption from competitive bidding requirements set forth in Seal Beach Municipal Code (SBMC) Section 3.20.025(C) for professional services, for a one-year term in the not-to-exceed amount of $30,000 pursuant to the Proposal submitted by LAE Associates, Inc. dated August 6, 2026; and, 2. Authorizing the City Manager, or his designee, to extend the original term by up to three one-year extensions for the not-toexceed amount of $30,000 for each extension; and, 3. Authorizing the City Manager, or his designee, to execute the Agreement with LAE Associates, Inc. on behalf of the City and any amendments or extensions thereafter; and,

4. Authorizing the City Manager, or his designee, to approve additional work requests for interagency support services up to $10,000 up to the cumulative not-to-exceed amount of $40,000 for original term and each of the three one- year extensions thereafter.

ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING – None
UNFINISHED / CONTINUED BUSINESS – None

NEW BUSINESS
G. Ratification of Proclamation of Local Emergency for Developing 2026- 2027 El Niño Event - That the City Council adopt Resolution 7823: 1.

Ratifying the Proclamation of Existence of a Local Emergency issued by the City Manager/Director of Emergency Services on September 22, 2026, relating to the developing 2026-2027 El Niño event; and, 2. Confirming that the local emergency applies throughout the City of Seal Beach; and, 3.

Authorizing the City Manager/Director of Emergency Services to take actions reasonably necessary to prepare for, respond to, and recover from the emergency, including resource staging, interagency coordination, mutual aid, and emergency procurement and contracting as authorized by law; and, 4.

Directing staff to document emergency-related costs and damages, pursue available reimbursement or assistance as appropriate, and return to the City Council at least every 60 days for review of the need to continue the local emergency.

ADJOURNMENT
Adjourn the City Council to Monday, October 12, 2026 at 5:30 p.m. to meet in closed session, if deemed necessary.

CITY COUNCIL NORMS:

Adopted on June 12, 2023
• Maintain a citywide perspective, while being mindful of our districts. • Move from I to we, and from campaigning to governing. • Work together as a body, modeling teamwork and civility for our community. • Assume good intent.
• Disagree agreeably and professionally.
• Utilize long range plans to provide big picture context that is realistic and achievable. • Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
• Demonstrate respect, consideration, and courtesy to all. • Share information and avoid surprises.
• Keep confidential things confidential.
• Respect the Council/Manager form of government and the roles of each party. • Communicate concerns about staff to the City Manager; do not criticize staff in public.

CIVILITY PRINCIPLES:

Treat everyone courteously;
Listen to others respectfully;
Exercise self-control;
Give open-minded consideration to all viewpoints;
Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.

@CITYOFSEALBEACH @CITYOFSEALBEACHCA @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT @SEALBEACHPOLICE @SEALBEACHPUBLICWORKS
@K9YOSA
@K9.SAURUS

Olympic Advisory Ad-Hoc
Committee Quarterly Update
September 28, 2026
Los Angeles Olympics 2028
• Olympic Games: July 14-30, 2028
• Paralympic Games: August 15-27, 2028
• 15,680 total athletes between Olympics and Paralympics • Anticipated 10 – 15 million ticketed fans
• 49 total sites across Southern California
• Long Beach will host 18 events in 7 different sites - the second most events outside of LA
• Orange County will host volleyball at the Honda Center in Anaheim and surfing at Trestles Beach in San Clemente.

Seal Beach Considerations
• Transportation
• Visitor accommodations
• Marketing
• Safety
• Education and outreach
• Stakeholders
• Financing
What is the City’s Mission?
• Create positive resident experience
• Attract visitors to City
• Provide opportunities for business.

Committee Background
o November 8, 2025:
o At Council Strategic Planning Session, the City Council identified the 2028 LA Olympics as a unique opportunity that required more attention and directed staff to bring back an item to form an Ad-Hoc Committee
o January 26, 2026:
o City Council formally approved the creation of an Ad-Hoc Committee, to consist of 2 council members and 10
citizen stakeholders appointed by the City Council
o January 27, 2026: The City posted a Notice of Vacancy inviting interested individuals
o March 23, 2026: City Council ratified the appointments to the official Ad-Hoc Committee
o April 21, 2026: Citizen-Council Olympic Ad-Hoc Committee held its first meeting
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Mission Statement
Create a legacy by making the LA28 Olympic &
Paralympic experience positive, enjoyable, and
successful for Seal Beach residents, guests, and
businesses.

Olympic Advisory Ad-Hoc Committee Quarterly Updates
Logo
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Subcommittees
• Events
• Marketing and Communications
• Partnerships and Community Relations
• Housing and Transportation (Mobility)
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Events
• Plan events that promote the Olympic Games
• Get involved with other existing annual events
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Marketing and Communications
• Create content and build excitement for the
community
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Partnerships and Community
Relations
• Build relationships among residents,
organizations, and businesses to see what
people are interested in and how they can
contribute.

Olympic Advisory Ad-Hoc Committee Quarterly Updates
Housing and Transportation
(Mobility)
• Draft a proposal to Council to consider
temporary housing permits during the
Olympic timeframe.
• Develop a transportation system for LA28 that
reduces congestion in Seal Beach while
moving residents and guests.

Olympic Advisory Ad-Hoc Committee Quarterly Updates
Accomplishments
• Mission Statement
• List of potential event sites
• Subcommittees
• SB28 Logo
• Community Calendar
• OCTA Presentation – Rose Casey
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Future Plans
• December 4th Christmas Parade
• Events and Watch Parties
• Website
• Partnerships
• Housing & Transportation Plans
• Meet with the Business First Committee
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Potential Legacy Ideas
• Researching potential water taxi service
• Broadcasting on the beach
Olympic Advisory Ad-Hoc Committee Quarterly Updates
Join us at our
next meeting!
October 20th, 2026
6:00 PM Seal Beach Council Chambers
Contact: [email protected]
Thank you!
Olympic Advisory Ad-Hoc
Committee Quarterly Update
September 28, 2026
Los Angeles Olympics 2028
• Olympic Games: July 14-30, 2028
• Paralympic Games: August 15-27, 2028
• 15,680 total athletes between Olympics and Paralympics • Anticipated 10 – 15 million ticketed fans
• 49 total sites across Southern California
• Long Beach will host 18 events in 7 different sites - the second most events outside of LA
• Orange County will host volleyball at the Honda Center in Anaheim and surfing at Trestles Beach in San Clemente.

1 Brandon DeCriscio
From: JO8N <[email protected]>
Sent: Monday, September 28, 2026 5:47 PM
To: Ask City Hall; Lisa Landau; Ben Wong; Patty Senecal; Joe Kalmick; Nathan Steele; Patrick Gallegos; [email protected]; Gloria Harper; Michael Henderson; Joe Bailey; Brandon DeCriscio; [email protected]; specialevents; Iris Lee; Shaun Temple; Barbara Arenado; Nicholas Nicholas; Mike Ezroj; Julia Clasby; Brian Gray; Deb Machen; Sean Low; Sean Sabo; [email protected]; [email protected]
Subject: Public Comment Seal Beach City Council Meeting 9/28/26 Genesis 2:21 says in Hebrew that GOD made a מהָ דֵּרְתַּ) tardemah) fall upon the man. The Seventy did not write sleep; they wrote ἔκστασις (ekstasis, ecstasy) — from ἐκ (ek, out) and στάσις (stasis, standing): a standing-outside.

Read the chapter forward and there are two namings. The man names the beasts from above, out of dominion — GOD brings them, he names them, nothing is taken from him, and Scripture records not one word he said (2:19– 20). Then his side is opened, and only there does Scripture quote him, and what it quotes is a poem that names her by where she came from: bone of my bones and flesh of my flesh (2:23). The speech that is preserved is the speech that came out of the wound.
뛝뛞뛟뛡뛠
둏
⍾
Jo8n
On Sunday, April 26th, 2026 at 11:53 PM, JO8N <[email protected]> wrote:

United States Government Accountability Office Complaint Control Number (COMP-26- 004095)
Drug Enforcement Administration Case Number 00208892
뛝뛞뛟뛡뛠
둏
⍾
JO8N

Agenda Item A

AGENDA STAFF REPORT
DATE: September 28, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the City Council Minutes
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on September 14, 2026.

BACKGROUND AND ANALYSIS:

This section does not apply.

ENVIRONMENTAL IMPACT:

There is no environmental impact related to this item.

LEGAL ANALYSIS:

No legal analysis is required for this item.

FINANCIAL IMPACT:

There is no financial impact for this item.

RECOMMENDATION:

That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on September 14, 2026.

Page 2 ends

SUBMITTED BY: NOTED AND APPROVED:

Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:

A. Minutes - Closed Session, September 14, 2026
B. Minutes - Regular Session, September 14, 2026
Seal Beach, California
September 14, 2026
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Gloria D. Harper, City Clerk
Brandon DeCriscio, Deputy City Clerk

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: None. Mayor Landau closed oral communications.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Paragraph (1) of Subdivision (D) Of Government Code Section 54956.9; Name of Case: Julia Clasby v. City of Seal Beach Orange County Superior Court, Case No. 30-2025-01516539-CU-OE-NJC.

B. PUBLIC EMPLOYEE PERFORMANCE Evaluation
Government Code §54957(b)
Title: City Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) – One potential (1) case involving a threat of litigation regarding a proposed development at 4665 Lampson Avenue, Los Alamitos, CA.

A record of the threats of litigation is available for inspection in the City Clerk’s office.

D. Conference with Legal Counsel
Significant Exposure to Litigation – Government Code Section 54956.9(d)(2) Notice of Potential Liability and Request for Fourth Tolling Agreement from BKK Working Group, BKK Landfill, West Covina, California

ADJOURNMENT
Mayor Landau adjourned the Closed Session meeting at 6:59 p.m.

Gloria D. Harper, City Clerk
City of Seal Beach
Approved:

Lisa Landau, Mayor
Attested:

Gloria D. Harper, City Clerk
Seal Beach, California
September 14, 2026
The City Council met in Regular Session at 7:04 p.m. in the City Council Chambers.

Mayor Pro Tem Wong led the Pledge of Allegiance.

ROLL CALL

Present: Mayor Landau
Council Members: Kalmick, Wong, Senecal, Steele

Absent: None
City Staff: Nicholas R. Ghirelli, City Attorney
Patrick Gallegos, City Manager
Michael Henderson, Police Chief
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
Joe Bailey, Marine Safety Chief
Craig Covey, Orange County Fire Authority Division 1 Chief Mike Ezroj, Police Captain
Brian Gray, Emergency Services Coordinator
Tim Kelsey, Deputy Director of Community Services
Brandon DeCriscio, Deputy City Clerk
Michael Peterman, Human Resources Manager
Kathryne Cho, Deputy Director of Public Works/City Engineer David Spitz, Senior Engineer
Lauren Barich, Management Analyst
Sean Low, Deputy Director of Public Works, Maintenance & Utilities Megan Bolton, Management Analyst

PRESENTATIONS / RECOGNITIONS
• Hunger Action Month Proclamation – September 2026
• El Nino Preparation Presentation
• Citizen-Council Business First Advisory Ad Hoc Committee Update

ORAL COMMUNICATIONS
Mayor Landau opened oral communications. Speakers: John Osborne, James Jensen, John Breiding, Charlie Kluger, Chad Berlinghieri, Donna McGuire, Matthew Terry, and Ken Seiff addressed the City Council. Mayor Landau closed oral communications.

Six (6) Supplemental Communications were received after posting the agenda; they were distributed to the City Council and made available to the public.

APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND

ORDINANCES
Council Member Senecal pulled item I for separate consideration.

Mayor Pro Tem Wong pulled Item L for separate consideration.

Council Member Kalmick moved, second by Mayor Pro Tem Wong, to approve the agenda.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

CITY ATTORNEY REPORT
City Attorney Ghirelli reported that the City Council met in Closed Session regarding the four (4) items on the posted agenda. All five (5) Council Members were present.

He also reported that the City Council approved a tolling agreement with Lampson Park Place LLC for Item C and a tolling agreement with BKK Working Group regarding the BKK Landfill on Item D. Both items were approved unanimously, with a vote of 5-0.

CITY MANAGER REPORT
City Manager Gallegos reported staff’s attendance at the DaoYin Holistic Health Ribbon Cutting Ceremony, the Navy’s Pre-Proposal Conference for the Pacific Coast Highway Revitalization Project with the Naval Weapons Station, and the Seal Beach Chamber of Commerce Board of Directors Installation Dinner.

Additionally, City Manager Gallegos highlighted several upcoming community events, including Parent’s Pickleball Night scheduled for Friday, September 18, 2026, at 6:00 p.m. at the Seal Beach Tennis and Pickleball Center, and Coastal Cleanup Day scheduled for Saturday, September 19, 2026, at 9:00 a.m. at the 1st Street Parking Lot at the base of the Seal Beach Pier.

Finally, City Manager Gallegos announced that September is National Preparedness Month. He noted that City staff has been meeting internally and with other coastal Orange County cities in preparation for the upcoming El Niño season. He encouraged residents to sign up for emergency alerts, develop an emergency plan, build an emergency kit containing essential items, and get to know their neighbors by volunteering or participating in community groups, such as Neighbor 4 Neighbor.

COUNCIL COMMENTS
Council Member Steele reported his attendance at the Golden Rain Foundation and City of Seal Beach Joint Meeting, the Navy’s Pre-Proposal Conference for the Pacific Coast Highway Revitalization Project with the Naval Weapons Station, the Orange County Mosquito and Vector Control Board District Facility Project Ad Hoc Committee meeting, the August 19, 2026, Special City Council meeting, and the Orange County Mosquito and Vector Control Board of Directors Trustee meeting.

Council Member Kalmick thanked staff for their work during last weekend’s storm. He also reported his attendance at the Navy’s Pre-Proposal Conference for the Pacific Coast Highway Revitalization Project with the Naval Weapons Station, the CitizenCouncil Business First Advisory Ad Hoc Committee meeting, the Seal Beach Chamber of Commerce Installation Dinner, a League of California Cities Roundtable Zoom meeting regarding the California Department of Housing and Community Development, and the 9/11 Remembrance Ceremonies at the Naval Weapons Station and Fire Station

44. Council Member Senecal announced that the Seal Goes Pink Pier Memory Walk will take place on Saturday, October 3, 2026, at 8:00 a.m. at Eisenhower Park. She thanked staff for their work on the event and encouraged residents to attend.

Mayor Pro Tem Wong reported his attendance at the Chamber of Commerce Monthly Breakfast, the Leisure World Cares Fund Board Meeting, the Golden Rain Foundation and City of Seal Beach Joint Meeting, the Citizen-Council Business First Advisory Ad Hoc Committee meeting, the Orange County Housing and Community Development Commission meeting, the College Park West Preserve Graffiti Cleanup, the Leisure World First Tuesday event, the Seal Beach Chamber of Commerce Board Installation meeting, the 9/11 Remembrance Ceremonies at the Naval Weapons Station and Fire Station 44, and the AIM Sports Complex Austin Reaves Basketball Training Camp.

Mayor Pro Tem Wong also announced that he will attend the International Council of Shopping Centers (ICSC) Conference in San Diego from September 14–16, 2026.

Mayor Landau congratulated John Osborne on becoming President of the Chamber of Commerce.

Mayor Landau also reported her attendance at the Helen Sanders CatPAWS Benny’s Birthday & Love Your Pet Party and the Seal Beach Lions Club Arts and Crafts Faire.

Finally, Mayor Landau announced that the second annual Orange County Around the Table will take place on September 27, 2026, from 3:00 p.m. to 6:00 p.m. at Miles Square Reginal Park, Shelter 1 in Fountain Valley.

COUNCIL ITEMS
A. 2026 Cal Cities General Assembly Resolution Regarding Local Authority Over Housing and Land Use Decisions - That the City Council provide direction to the City’s voting delegate to support the proposed League of California Cities General Assembly Resolution Calling for a Working Group to Consider a State Constitutional Amendment or Other Form of Initiative to Ensure Final Local Authority Over Housing and Land Use Decisions.

Mayor Landau called upon Management Analyst Barich to provide an overview of the staff report.

A discussion ensued between Council Members Steele and Senecal.

Council consensus was reached to advise Council Member Senecal on how to vote during the League of California Cities General Assembly.

CONSENT CALENDAR
Council Member Senecal moved, second by Mayor Pro Tem Wong, to approve the recommended actions on the consent calendar with the exception of Items I and L.

B. Approval of the City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council Meetings held on August 10, 2026 and the Special Closed Session and Special City Council Meeting held on August 19, 2026.

C. Demand on City Treasury (Fiscal Year 2027) - Ratification.

D. Monthly Investment Report (July 31, 2026) - Receive and file.

E. Report of City Manager and Department Heads Authorized Contracts - That the City Council receive and file the report.

F. City of Seal Beach Biennial Conflict-of-Interest Code Update - That the City Council adopt Resolution 7810 amending the City’s Conflict-of-Interest Code (Code) and acknowledge no changes to the Conflict-of-Interest Codes for the Public Financing Authority (Authority).

G. Amendments to Professional Services Agreements with Michael Baker International Inc. for Updates to Elements of the General Plan - That the City Council adopt Resolution 7811: 1. Approving Amendment 3 to the Professional Services Agreement with Michael Baker International Inc., for Safety and Environmental Justice General Plan Elements, extending the term to December 31, 2027; and, 2. Approving Amendment 1 to the Professional Services Agreement with Michael Baker International Inc., for Open Space, Recreation and Conservation Element, extending the term to December 31, 2027; and, 3.

Authorizing the City Manager to execute the Amendments on behalf of the City.

H. Approving and Authorizing Purchasing for the Replacement of City Vehicles and Heavy Equipment - That the City Council adopt Resolution 7812: 1.

Authorizing the purchase of four (4) replacement vehicles for the City's fleet from National Auto Fleet Group pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #081325-NAF, for a not-to-exceed amount of $234,455.81, in accordance with the following breakdown: a) Police Interceptor Utility (PIU) Vehicle Unit #4108 for $62,286.31; and, b) PIU Vehicle Unit #4109 for $62,286.31; and, c) Police Surveillance Unit #4122 for $57,512.89; and, d) Marine Safety Unit #5130 for $52,370.30; and, 2. Authorizing the purchase of Public Works Heavy Equipment Unit #101 for a total cost of $103,558.51, from Stotz Equipment pursuant to the cooperative purchase contract with Sourcewell, Master Vehicle Contract #112624-DAC, in accordance with the purchasing procedures set forth in Seal Beach Municipal Code Section 3.20.025(D); and, 3. Authorizing the purchases and necessary related labor on behalf of the City to Hi-Standard Automotive, LLC, for vehicle upfitting work for the above-referenced four (4) vehicles pursuant to Seal Beach Municipal Code Section 3.20.025(B) in the not-to-exceed amount of $59,362.54, in accordance with the following breakdown: a) PIU Vehicle Unit #4108 for $19,334.07; and, b) PIU Vehicle Unit #4109 for $19,334.07; and, c) Police Surveillance Unit #4122 for $5,192.06; and, d) Marine Safety Unit #5130 for $8,002.34; and, e) Contingency for $7,500.00; and, 4. Authorizing and directing the City Manager, or designee, to approve purchase orders and any necessary related documents for the vehicle purchases; and, 5. Authorizing the City Manager, or designee, to surplus existing vehicles upon the completion of the new vehicle and equipment purchases and upfitting.

I. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. - That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2.

Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4. Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term.

J. Notice of Completion for the Sewer Pump Station 35 Upgrades, CIP SS1903 - That the City Council adopt Resolution 7814: 1. Accepting the completion of the Sewer Pump Station 35 Upgrades, CIP SS1903, by R.I.C. Construction Co., Inc. in the amount of $1,460,553.97; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

K. Amending the FY 2026-27 West Orange County Water Board Budget - That the City Council adopt Resolution 7815 amending the FY 2026-27 West Orange County Water Board budget by $4,600,000, returning unexpended funds from the Cathodic Protection Program to member agencies, of which the City’s proportionate agency reimbursement is $657,800.

L. Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2.

Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

M. Approve Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association, Mid-Management and Confidential Employees Association, and Marine Safety Management Association for the period of July 1, 2026 through June 30, 2029 - That the City Council: 1.

Adopt Resolution 7817 approving the Memoranda of Understanding between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association (SBSPA), the Mid-Management and Confidential Employees Association (MMCEA), and the Seal Beach Marine Safety Management Association (SBMSMA) for the period of July 1, 2026 through June 30, 2029; and, 2. Approve Budget Amendment BA # 27-03-01 in the amount of $23,591 for FY 2026-27; and, 3.

Authorize the City Manager to execute and implement the Memoranda of Understanding in the form attached hereto.

The vote below is for the Consent Calendar Items.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ITEMS REMOVED FROM THE CONSENT CALENDAR
I. Approving and Authorizing a Public Works Agreement for Annual Sand Berm Construction and Removal with Elka Construction, Inc. - That the City Council adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2.

Mayor Landau called upon Council Member Senecal.

Council Member Senecal’s questions and concerns were addressed by Senior Engineer Spitz, and Marine Safety Chief Bailey.

Mayor Pro Tem Wong moved, second by Council Member Senecal to adopt Resolution 7813: 1. Approving the plans, specifications, and contract documents for the Annual Sand Berm Construction and Removal Project; and, 2. Approving and awarding a Public Works Agreement to Elka Construction, Inc. in the amount of $320,000; waiving all minor bid irregularities; and rejecting all other bids; and, 3. Authorizing and directing the City Manager to execute a Public Works Agreement for construction services to Elka Construction Inc.; and authorizing the City Manager, or designee, to approve additional work requests up to $64,000 (approximately 20%) in connection with the Project; and, 4.

Authorizing the City Manager, or his designee, the option to extend the Agreement for up to four (4) additional one-year terms after its original term.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
L. Notice of Completion for the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 - That the City Council adopt Resolution 7816: 1. Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2.

Mayor Landau called upon Mayor Pro Tem Wong.

A discussion ensued between Mayor Pro Tem Wong, Public Works Director Lee, Mayor Pro Tem Wong, Council Member Senecal, and Council Member Kalmick. Mayor Pro Tem Wong’s questions and concerns were addressed by Public Works Director Lee.

Council Member Steele moved, second by Mayor Landau to adopt Resolution 7816: 1.

Accepting the completion of the Seal Beach Tennis and Pickleball Center Court Resurfacing and LED Lighting Upgrades, CIP PR2501 (Project), by KYA Services, LLC (KYA) in the amount of $419,914.81; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.

AYES: Kalmick, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: Senecal
Motion carried

PUBLIC HEARING
N. Authorizing Submittal for Grant Funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disability (EMSD) Program That the City Council: 1. Conduct a public hearing to receive input and consider the submittal of a grant application; and, 2. Determine this action is exempt from the California Environmental Quality Act; and, 3. Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program.

Mayor Landau called upon Deputy Director of Community Services Kelsey to provide an overview of the staff report.

Council Member Steele’s questions and concerns were addressed by Deputy Director of Community Services Kelsey.

Mayor Landau opened the Public Hearing. Speakers: None. Mayor Landau closed the Public Hearing.

Mayor Pro Tem Wong moved, second by Council Member Steele to Adopt Resolution 7818 authorizing the application for grant funding from the Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

UNFINISHED/CONTINUED BUSINESS
There was no unfinished/continued business.

NEW BUSINESS
O. Consideration to Approve the California State Water Resources Control Board Construction Installation Sale Agreement No. D2502060 to Finance up to $3,765,411 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103 - That the City Council adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No. D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411.

Mayor Landau called upon Public Works Director Lee to provide an overview of the staff report.

A discussion ensued between Council Member Senecal, Public Works Director Lee, Council Member Steele, Council Member Kalmick, and City Attorney Ghirelli.

Council Member Kalmick moved, second by Mayor Pro Tem Wong to adopt Resolution 7819: 1. Approving the California State Water Resources Control Board Agreement No.

D2502060 in the amount of $3,175,000 for the LCWA Watermain Lining – Trenchless Technology Improvements, CIP WT2103; and, 2. Approving an increase to the loan amount up to $3,765,411, if approved by the State Water Board; and, 3. Authorizing the City Manager, or designee, to execute the Agreement; accept, receive, and utilize the Agreement funding on behalf of the City; and submit a Final Budget Approval to the Water Board requesting an increase in the total financing amount to $3,765,411.

AYES: Kalmick, Senecal, Steele, Wong, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried

ADJOURNMENT
Mayor Landau adjourned the City Council at 10:30 p.m. to Monday, September 28, 2026, at 5:30 p.m. to meet in closed session, if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:___________________________
Lisa Landau, Mayor
Attested:____________________________
Gloria D. Harper, City Clerk

Agenda Item D

AGENDA STAFF REPORT
DATE: September 28, 2026
TO: Honorable Mayor and City Council
THRU: Patrick Gallegos, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Public Works Agreement with MDJ Management, LLC for the North Seal
Beach Community Center Phase 2, CIP BG2505
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7820:

1. Approving the scope of work for North Seal Beach Community Center Phase 2, CIP BG2505 (Project); and,

2. Approving and awarding a Public Works Agreement to MDJ Management, LLC in the not-to-exceed amount of $368,667.53 for the Project, utilizing the pricing of the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8- GB-101723-MDJ); and,

3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and,

4. Authorizing the City Manager, or designee, to approve up to $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund.

BACKGROUND AND ANALYSIS:

The City received Community Development Block Grant (CDBG) funding to launch Phase 1 improvements at the North Seal Beach Community Center (NSBCC), in which the City Council adopted Resolution 7553 on August 12, 2024, to award a Public Works Agreement to MDJ Management, LLC (MDJ). This first phase focused on modernizing the aging facility with energy-efficient upgrades, a reconfigured and more functional kitchen to support senior meal programs, improved access to outdoor space, enhanced building efficiency and resiliency, and a series of Americans with Disabilities Act (ADA)-compliant improvements to support equitable use of the center. On February 24, 2025, the City Council

Page 2 ends

formally accepted the completed work and directed staff to file a Notice of Completion with the Orange County Clerk’s Recorder’s Office.

On January 26, 2026, the City Council adopted Resolution 7725, approving the application for grant funds related to the Orange County Housing and Community Development (OCHCD) Public Facilities and Improvements, provided through the CDBG program, for the North Seal Beach Community Center Phase 2, CIP BG2505 (Project), and to accept any funds awarded through the program.

As part of preparing the project, staff confirmed with OCHCD that the City could again use Cooperative Purchasing, consistent with the approach taken in Phase I.

After receiving the County’s approval to proceed through the Sourcewell ezIQC program. Three qualified contractors were selected through the program to perform the scope of work. After reviewing their adjustment factors, which are multipliers applied to preset unit prices in the Construction Task Catalog (CTC), staff selected MDJ Management, LLC (MDJ) as they had the lowest adjustment factor.

The Project will implement the next planned phase of improvements at NSBCC, building on the work completed in Phase 1. Phase 2 continues the City’s efforts to enhance the facility by further improving accessibility, functionality, and long-term sustainability. Improvements will include renovating the men’s restroom with new fixtures, finishes, partitions, lighting, and plumbing; updating interior flooring, ceiling tiles, lighting, storefront glazing, and paint throughout the main lobby and adjacent areas; upgrading exterior features such as building signage, drainage, and landscaping; and enhancing HVAC performance through replacement of key components, ductwork repairs, and system testing. Additional ADA upgrades are designed to align with current accessibility regulations and the City’s ADA Transition Plan. These improvements focus on improving accessible routes, eliminating trip hazards, enhancing door operations, and modifying elements such as the drinking fountain area to ensure equitable access for all users.

On June 20, 2026, MDJ provided staff with a Proposal in the not-to-exceed Project cost of $368,667.53, utilizing the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ).

On July 1, 2026, Contract #012-26011073 between the County of Orange and the City of Seal Beach was executed, awarding $382,500, to the City for the renovation of the NSBCC, with a City matching fund of $70,000, for a total of $452,500.

On September 10, 2026, due to a funding decrease, Amendment 1 to Contract #012-26011073 between the County of Orange and the City of Seal Beach was executed, revising the total loan amount of $354,921 to the City, with a City matching fund of $70,000, for a total of $424,921.

Accordingly, staff recommends awarding a Public Works Agreement in the amount of $368,667.53 to MDJ for the Project and up to $98,753.47 as allowance for contingency and inspection services of the upcoming renovation project on the

Page 3 ends

aging facility and to fulfill the matching fund. Given the age of the building, there is a possibility of unforeseen discoveries that may necessitate additional expenses.

Additional work may also be required to comply with the City’s ADA Transition Plan. Inspection services will be utilized under the City’s current on-call agreement, as needed.

MDJ possesses the appropriate "B" General Building contractor's license and presently holds contracts with neighboring cities, utilizing the same Sourcewell Cooperative Agreement. In 2024, MDJ satisfactorily completed Phase 1 improvements at the NSBCC. Given their familiarity with the project and based on MDJ having the lowest adjustment factor, staff recommends entering into a Public Works Agreement with MDJ to complete the project.

If the project is awarded, the renovation of the NSBCC is tentatively slated to commence in October 2026.

ENVIRONMENTAL IMPACT:

This item complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d) as the work involves restoration or rehabilitation of existing facilities.

LEGAL ANALYSIS:

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

FINANCIAL IMPACT:

The Project will utilize funds allocated in FY 2026-27 Capital Improvement Program, which includes grant funds from the CDBG program and City’s funds.

Any unused funds will be returned to the original funding source.

The table below represents a breakdown of the total project funding:

Description Amount
BG2505 (CDBG Grant Funds) $ 354,921.00
BG2505 (General Fund) $ 112,500.00
Total $ 467,421.00
To support contingency, inspection allowances, and the required match, the City’s FY 2026-27 Capital Improvement Program includes sufficient funding to complement the grant and fully cover the City’s portion of the project costs.

Page 4 ends

The table below represents a breakdown of the Project costs:

Description Amount
MDJ Management, LLC $ 368,667.53
Proposed ADA Improvements,
Contingency and Inspections $ 98,753.47
Total: $ 467,421.00
RECOMMENDATION:

That the City Council adopt Resolution 7820:

1. Approving the scope of work for North Seal Beach Community Center Phase 2, CIP BG2505; and,

3. Authorizing the City Manager to execute a Public Works Agreement with MDJ Management, LLC for the Project; and,

4. Authorizing the City Manager, or designee, to approve up to $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, City Manager Prepared by: Wendy Ha, Assistant Engineer
ATTACHMENTS:

A. Resolution 7820
B. Agreement with MDJ Management, LLC
C. Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB101723-MDJ) RESOLUTION 7820

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER OR

HIS/HER DESIGNEE TO EXECUTE A PUBLIC WORKS

AGREEMENT WITH MDJ MANAGEMENT, LLC FOR THE NORTH
SEAL BEACH COMMUNITY CENTER PHASE 2, CIP BG2505
WHEREAS, the City of Seal Beach (“City”) has identified the need for rehabilitation of the North Seal Beach Community Center (“NSBCC”); and, WHEREAS, on January 26, 2026, the City Council adopted Resolution 7725, approving the application for grant funds related to the Orange County Housing and Community Development Public Facilities and Improvements, provided through the Community Development Block Grant (“CDBG”) program, to apply upgrades to the North Seal Beach Community Center (“NSBCC”), and to accept any funds awarded through the program; and,
WHEREAS, Seal Beach Municipal Code Section 3.20.025(D), provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions, and specifications; and, WHEREAS, Staff solicited a proposal from MDJ Management, LLC (“MDJ”) utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723- MDJ); and,
WHEREAS, on June 20, 2026, MDJ provided staff with a Proposal in the not-toexceed Project cost of $368,667.53, utilizing the Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ); and,
WHEREAS, on July 1, 2026, Contract #012-26011073 between County of Orange and the City of Seal Beach was executed, awarding $382,500, to the City for the renovation of the NSBCC, with a City matching fund of $70,000; and, WHEREAS, On September 10, 2026, due to a funding decrease, Amendment No.

One to Contract #012-26011073 between County of Orange and the City of Seal Beach was executed, revising the total loan amount $354,921 to the City, with a City matching fund of $70,000; and,
WHEREAS, MDJ possesses the appropriate "B" General Building contractor's license and is a qualified firm to perform the Project.

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

Section 1. The City Council hereby approves the scope of work for the rehabilitation of and upgrades to the North Seal Beach Community Center Phase 2, CIP BG2505 (“Project”).

Section 2. Based on the recitals set forth above, which are incorporated herein by this reference, the City Council hereby awards a Public Works Agreement to MDJ for the Project in a total not-to-exceed amount of $368,667.53, utilizing Sourcewell Cooperative Agreement (ezIQC Contract CA-R8-GB-101723-MDJ).

Section 3. The City Council hereby authorizes and directs the City Manager or his/her designee to execute the Public Works Agreement with MDJ Management, LLC on behalf of the City for the Project.

Section 4. The City Council hereby authorizes the City Manager or his/her designee to approve up to a total of $98,753.47 as allowance for contingency and inspection services for the renovation project and to fulfill the matching fund.

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

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

Lisa Landau, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7820 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 28th day of September 2026.

Gloria D. Harper, City Clerk

PUBLIC WORKS AGREEMENT
NORTH SEAL BEACH COMMUNITY CENTER PHASE 2
PROJECT CIP NO. BG2505
ORANGE COUNTY CONTRACT NO. 012-24011207
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
MDJ Management, LLC
531 Main Street #611
El Segundo, CA 90245
(310) 490-1521
THIS CONTRACT (“Contract”) is made as of September 14, 2026, by and between the City of Seal Beach, a California charter city (“City”), and MDJ Management, LLC, a California limited liability company (“Contractor”) (collectively, “the parties” and individually, a “party”).
2 RECITALS
A. The City Council of the City of Seal Beach (“City”) has approved the scope of work for the North Seal Beach Community Center (“NSBCC”) Phase 2 rehabilitation project (CIP BG2505) (“Project”) for public facilities and improvements at the NBSCC.

B. Pursuant to the authority provided by the Seal Beach City Charter and Seal Beach Municipal Code § 3.20.025(D), on June 9, 2026, City solicited proposals for the Project through Sourcewell and Contractor submitted a proposal (“Proposal”) dated July 20, 2026, to perform the work defined and described in Section 1.0 of this Agreement, including utilization of cooperative purchasing through Contractor’s Sourcewell Contract CA-R8-GB-101723-MDJ (“Sourcewell”) pricing, in the amount of $368,667.53. The Proposal includes, among other things, provisions defining the Project scope.

C. City submitted an application for grant funds to the County of Orange’s Community Development Block Grant Program (the “CDBG Program”), to carry out ADA accessibility improvements and other public facilities and improvements of the Project that will benefit low- to moderate-income residents in the community; and on February 19, 2026, the County of Orange, as a pass-thru entity under the CDBG Program, allocated CDBG funding to the City for the rehabilitation of the North Seal Beach Community Center.

D. Contractor represents that the principal members of its firm are licensed and registered California licensed “B” General Building Contractor (California State Contractor's License #1044711, DIR #1000061313) and are fully qualified to perform the construction work contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees.

E. Pursuant to the authority provided by the City Charter and Seal Beach Municipal Code § 3.20.025(D), City desires to engage Contractor as an independent contractor to carry out the Project with the use of the CDBG grant funds and City funds, in the manner set forth herein and more fully described in Section 1.0 and in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as North Seal Beach Community Center Phase 2 CIP BG2505 (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.
3 1.2 Contract Documents. The Contract Documents consist of this Contract and all Exhibits attached to this Contract,. The Exhibits attached to this Contract include the (i) Contractor’s Proposal dated July 20, 2026 (“Proposal”) (Exhibit A); (ii) Indefinite Delivery-Indefinite Quantity Construction Contract No. CA-R8-GB-101723-MDJ dated December 6, 2023 between Sourcewell and MDJ Management, LLC, Indefinite Delivery-Indefinite Quantity Construction Contract General Terms and Conditions, and Agreements to Modify and Extend dated November 14, 2024 and October 30, 2025 (collectively “Sourcewell Contract”) (Exhibit B); (iii) Contract #012-26011073 for Public Facilities & Improvements, North Seal Beach Community Center Improvements between County of Orange and City of Seal Beach (“CDBG Grant”) and Amendment No. One to MA 012 26011073, dated September 10, 2026. (Exhibit C); (iv) Performance Bond (Exhibit D); (v) Payment Bond (Labor and Materials) (Exhibit E); (vi) Workers’ Compensation Insurance Certificate (Exhibit F); (vii) Insurance Endorsements (Exhibit G); (viii) Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit H); (ix) Acknowledgment of Labor Law Requirements (Exhibit I); (x) Federal Labor Standards Provisions (Exhibit J); (xi) Davis-Bacon Wage Determination CA20260024, Mod 4, 7/14/26 (Exhibit K); (xii) Noncollusion Declaration (Exhibit L); (xiii) Designation of Subcontractors (Exhibit M); (xiv) 2018 Edition of Standard Specifications for Public Works Construction adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association and Southern California District, Associated General Contractors of California, as amended by City (“Special Provisions”) (Exhibit N); (xv) the California Building Codes as adopted by City in Chapter 9.60 of Title 9 of the Seal Beach Municipal Code, including those provisions adopted by reference or applicable by operation of law, or amended (collectively “Reference Documents”) (Exhibit O); (xvi) Debarment Certification (Exhibit P); (xvii) Standard Form-LLL, “Disclosure Form to Report Lobbying”(Exhibit Q); and (xviii) Drug-Free Workplace Certification (Exhibit R). All Contract Documents are hereby incorporated into this Contract.

1.3 Federal Requirements. The Project is funded in part through federal CDBG funds provided to the City by the County of Orange pursuant to the County CDBG Agreement (Exhibit C). Therefore, in addition to the requirements of this Contract, Contractor shall comply with all Federal requirements set forth or referenced in this Contract, as well as all other applicable Federal statutes, regulations, executive orders, and/or policy guidance adopted by the U.S. Department of Housing and Urban Development (“HUD”), the County of Orange through the CDBG Grant (Exhibit C), or as otherwise imposed by law, which shall be collectively referred to as “Federal Requirements.”

1.4 Order of Precedence. Notwithstanding any other provision of this Contract, in the event of any conflict between the CDBG Grant and/or the other Federal Requirements, on the one hand, and the provisions of this Contract or any other Exhibit attached hereto, on the other hand, the provisions of the CDBG Grant and the Federal Requirements shall take precedence. In the event of any material discrepancy between the provisions of this Contract and the provisions of any other Exhibit to this Contract, the provisions of this Contract shall prevail.
4 1.5 Compliance with Contract Documents. The Work shall be performed in accordance with this Contract, the Sourcewell Contract, the Proposal and other Contract Documents in a manner satisfactory to the City. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

1.6 National Objectives. All activities funded with CDGB funds must meet one of the CDBG Program’s National Objectives: benefit low and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 Code of Federal Regulations (“CFR”) 570.208. Contractor certifies that the activity(ies) carried out under this Contract will meet one of the CDBG Program’s National Objectives.

2. Effective Date; Term. This Contract shall be for a term commencing on September 14, 2026 (the “Effective Date”), contingent upon execution by Contractor and approval and execution by City; and Contractor shall commence work after notification to proceed from City’s Contract Administrator. The Contract shall remain in full force and effect until the earlier of (i) Contractor’s completion of the Work required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, or (ii) on June 30, 2027, unless sooner terminated or extended pursuant to this Contract.

3. Termination due to Reduction or Loss of Funding. In addition to the grounds for termination set forth in the Special Provisions, in the event that City receives communication from the County of Orange and/or the Federal Government that funds available to City under the CDBG Grant are to be reduced or withdrawn by the County of Orange or the Federal Government, City may at its sole option terminate this Contract immediately.

4. Contractor’s Compensation.

4.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Proposal and Sourcewell Contract as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $368,667.53 (Three Hundred Sixty Eight Thousand Six Hundred Sixty Seven dollars and 53/100), subject to any additions and deletions pursuant to the terms of the Contract Documents or for authorized additional work pursuant to Subsection 4.2, below. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. All costs are subject to the eligibility requirements of HUD under the CDBG Grant and County CDBG Agreement.

Eligible costs related to Work provided by Contractor must be incurred during the period beginning the Effective Date. The Project shall be completed, and all funds provided 5 through this Contract shall be expended on eligible Project activities through and including June 30, 2027.

4.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council.

Payment for additional work in excess of this amount requires prior City Council authorization.

5. Contractor’s Personnel.

5.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Special Provisions (Exhibit N) and Reference Documents (Exhibit O), all other provisions of the Seal Beach Municipal Code and other federal, state and local laws to perform such Work, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.

5.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

5.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices.

5.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

5.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 5.

6. Party Representatives.
6 6.1. The Public Works Director is City’s representative for purposes of this Contract, and shall serve as the Contract Administrator.

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

7. Fiscal Accountability.

7.1 Financial Management System. Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following:

7.1.1 Information pertaining to the line items as identified in Exhibit A (Proposal) to this Contract;

7.1.2 Source documentation to support accounting records; and

7.1.3 Proper charging of costs and cost allocation.

7.2 Contractor’s Records. Contractor’s records shall be sufficient to:

7.2.1 Permit preparation of required reports;

7.2.2 Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds;

7.2.3 Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and

7.2.4 Permit tracking and reporting of leveraging as required.

7.3 Costs Charged. Costs shall be charged to this Contract only in accordance with the City and other requirements as required by funding source(s).

8. Federal Administrative and Related Requirements.

8.1 Contractor shall comply with all federal requirements as it pertains for 24 CFR Parts 91 and 570.

8.2 Contractor shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. 7 8.3 Contractor shall administer its program in conformance with 2 CFR Part 200, et al, as applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. Contractor agrees that 48 Code of Federal Regulations (“CFR”) Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

9. Inspections and Audits of Records.

9.1 City, County of Orange, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Contractor’s activities, books, documents and papers (including computer records and emails) and to records of Contractor’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Contractor are kept. Contractor shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by any of those agencies, which shall be deemed received upon date of sending.

In the event Contractor does not make the above referenced documents available within the County of Orange, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City, County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained.

9.2 Contractor agrees to maintain such records for possible audit for a minimum of five years after final payment, or such longer period set forth in Section 8 or required by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract shall be forwarded to City’s Contract Administrator.

10. Retention of Records.

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

10.1.1 Records providing a full description of each activity undertaken;

10.1.2 Records demonstrating that each activity undertaken meets the one of the National Objectives of the CDBG program; 8 10.1.3 Records required to determine the eligibility of activities;

10.1.4 Records required to document the acquisition,
improvement, use, or disposition of real property acquired or improved with CDBG assistance;

10.1.5 Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

10.1.6 Financial records as required by federal regulations 24 CFR 570.502, and 24 CFR 84.21-28; and

10.1.7 Other records necessary to document compliance with Subpart K of 23 CFR.

10.2 Retention of Records. Contractor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Contract for a period of five (5) years after the later of the following: (i) final payment under this Contract, or (ii) the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Contract are reported on for the final time. Notwithstanding the foregoing, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.

11. Indemnification.

11.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, 9 and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

11.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 11.2.

11.3 Protests. In addition to all other obligations set forth in this Section 11, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any bid protest or challenge to the procurement process used in connection with this Contract.

11.4 Civil Code Exception. Nothing in this Section 11 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

11.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 11, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

11.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 11 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

11.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, 10 or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

11.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 11 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

11.9 Survival. The provisions of this Section 11 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

12. Insurance.

12.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 12. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. The provisions of this Section 12 take precedence over and supersede the insurance provisions contained in the Proposal and/or Sourcewell Contract (Exhibits A and B). Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:

Exhibit G-1: Additional Insured Endorsement - Commercial General Liability.

Exhibit G-2: Additional Insured Endorsement - Automobile Liability.

Exhibit G-3: Additional Insured Endorsement Contractor’s Pollution Liability (CPL).

Exhibit G-7: (if applicable) Additional Insured Endorsement - Excess Liability.
11 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

12.2.1 Insurance Services Office Commercial General Liability coverage for both ongoing and completed operations (occurrence form CG 20 10 and CG 20 37) together with CG 25 03 or equivalent endorsement providing a separate general aggregate limit for the Project..

12.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

12.2.3 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

12.2.4 Contractor’s Pollution Liability (CPL). Coverage shall include bodily injury, property damage, cleanup and remediation costs, transportation and disposal liability, and defense costs. The City shall be included as an additional insured, with primary and noncontributory coverage. If written on a claims-made basis, coverage shall be maintained for at least three years following completion of the Work.

12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

12.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

12.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

12.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

12.3.4 Contractor’s Pollution Liability (CPL): $2,000,000 per claim and aggregate, including bodily injury, property damage, cleanup and remediation costs, transportation and disposal liability, and defense costs.

12.4 Additional Insureds.

12.4.1 City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability 12 is attributable to Contractor or City, for the following policies: General Liability Policy; Automobile Liability Policy; and Contractor’s Pollution Liability Policy.

12.4.2 County of Orange, its elected and appointed officials, officers, employees, and agents shall also be named as additional insureds on the following policies or any subsequent endorsement: General Liability Policy.

12.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

12.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds; and also name the County of Orange and its elected its elected and appointed officials, officers, employees, and agents shall also be named as additional insureds as set forth above. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.

12.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

12.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

12.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its elected and appointed officials, officers, employees, volunteers and those City agents serving as independent contractors in the role of City officials, and as respects the County of Orange, its elected and appointed officials, officers, employees, and agents. Any insurance or self-insurance maintained by City, their elected and appointed officials, officers, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall 13 be excess of Contractor’s insurance and shall not contribute with it, and any insurance maintained by the County of Orange, its elected and appointed officials, officers, employees, and agents shall be excess of Contractor’s insurance and shall not contribute with it.

12.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

12.8.3 Each insurance policy required by this Section 12 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

12.8.4 Each insurance policy required by this Section 12 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. Each insurance policy required by this Section 12 shall also expressly waive the insurer’s right of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; and further waives all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents.

12.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

12.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

12.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 12, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

12.12 Subcontractors. Contractor shall require each Subcontractor to maintain insurance coverage applicable to its work. Each Subcontractor performing asbestos abatement, hazardous-material remediation, transportation, or disposal shall maintain Contractor’s Pollution Liability coverage meeting the requirements of this Section 12.
14 13. Liquidated Damages. Should Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, Contractor shall reimburse City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to City resulting from the failure of Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty.

City shall have the right to deduct such damages from any amount due, or that may become due to Contractor, or the amount of such damages shall be due and collectible from Contractor or Contractor’s Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

14. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: MDJ Management, LLC
531 Main Street #611
El Segundo, CA 90245
Telephone: (310) 490-1521
Attn: Matthew McMillon

15. Non-Assignability; Subcontracting. Except as otherwise designated in the Designation of Subcontractors Form (Exhibit M), Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s 15 obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder in violation of this provision shall be null, void and of no effect.

16. Equal Employment Opportunity.

16.1 In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons.

Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. In connection therewith:

16.1.1 During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

Contractor and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable state regulations implementing Government Code Section 12990 (a-I), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Contractor by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

16.1.2 Contractor shall include the nondiscrimination and compliance provisions of this clause in all Subcontracts to perform work under the Contract.

16.2 In the performance of this Contract, Contractor further agrees as follows:

16.2.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
(a) Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of 16 compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(c) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(d) Contractor will send to each labor union or
representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(e) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(f) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(g) In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 17 16.2.2 Contractor will include the provisions of Subsection 16.2.1 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
(a) Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.
(c) Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

17. Civil Rights and Nondiscrimination. In addition to the provisions set forth in Section 16, Contractor agrees to comply with all of the following requirements. 18 17.1 Contractor agrees to comply with, and that the Work provided shall be in accordance with, the provisions of the Civil Rights Restoration Act of 1986 (PL 100-249), Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Titles I, II and III of the Americans with Disabilities Act of 1990, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

17.2 Contractor agrees to comply with the California Civil Rights statutes including but not limited to, California Family Rights Act, Unruh Civil Rights Act, Ralph Civil Rights Act, Civil Code Section 51.9, and Disabled Persons Act.

17.3 Contractor agrees to comply with Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12107 and 12086; and the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279, including 24 CFR Part 8, 24 CFR 570.602.

17.4 In the performance of this Contract, Contractor further agrees that Contractor shall not discriminate, harass or retaliate against any of City’s elected or appointed officials, officers, employees, consultants, contractors, subcontractors, or subconsultants on any basis prohibited by federal or state law.

18. Minority and Women’s Businesses and Labor Surplus Area Firms.

18.1 When possible, Contractor agrees to take the following affirmative steps when procuring subcontractors to perform any part of the services under this Contract:

18.1.1 Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

18.1.2 Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

18.1.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

18.1.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and
19 18.1.5 Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

19. Fraud. Contractor hall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice.

20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

20. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

21. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California.

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

22. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

23. Prevailing Wages and Labor Laws.

23.1 California Prevailing Wage Laws. City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits H and I, attached hereto. 20 23.2 Federal Labor Standards and Prevailing Wage Laws.

23.2.1 Federal Requirements for Federal-Aid Construction Projects provisions shall apply to this Contract and are made a part of the Contract.

Contractor shall comply with the federal labor provisions contained in Exhibit J, attached hereto and incorporated herein by this reference.

23.2.2 The current Federal Prevailing Wage Determinations issued under the Davis-Bacon and related Acts shall apply to this Contract and are made a part of the Contract, including but not limited to, Davis-Bacon Wage Determination CA20260024, Mod 4, 7/14/26 contained in Exhibit K, attached hereto and incorporated hereby by this reference. Contractor agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. 276, 327-333), and all other applicable Federal, State and local laws and regulations pertaining to labor standards. Contractor shall maintain all applicable documentation, which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to City for review upon request.

23.2.3 Contractor agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) units, all Contractors engaged in contracts of $2,000.00 or more for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Contract, shall comply with all applicable federal requirements including Department of Labor regulations, under 29 CFR, Parts 3, 1, 5, 7 and 1926 governing the payment of wages and ratio of apprentices and trainees to journeymen.

23.2.4 When federal prevailing wage rates apply, Contractor must submit, with each invoice, a certified copy of the payroll for compliance verification.

Invoice payment will not be made until the payroll has been verified and the invoice approved by City’s Contract Administrator.

23.2.6 If there is any conflict between the State prevailing wages and the Federal prevailing wages, the higher rate shall be paid.

23.3 Any subcontract entered into as a result of this Contract shall contain all the provisions of this Section.

24. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
21 25. Prohibited Interests; Conflict of Interest.

25.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.

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

25.2 Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

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

26. Debarment and Suspension Certification.

26.1 Contractor certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in federal/state assisted programs in accordance with 29 CFR Part 98. As a condition of this Contract, Contractor shall submit a certification, in a form in compliance with Exhibit P, verifying under penalty of perjury, that Contractor or any person associated therewith in the capacity of owner, partner, director, officer or manager:

26.1.1 Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

26.1.2 Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 22 26.1.3 Does not have a proposed debarment pending; and

26.1.4 Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

26.2 Any exceptions to this certification must be disclosed to City.

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

26.3 Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by HUD.

27. Section 3 Clause. This Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended (“Section 3”), the HUD regulations issued pursuant thereto at 24 CFR, Part 75, and any applicable rules and orders of HUD issued thereunder. Contractor agrees to abide by 24 CFR Part 75, below and will insert the following clause in any subcontracts executed with third parties for work covered by this Contract:

The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC §1701u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations").

The Parties agree to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, the Parties certify that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations.

The Sub-recipient, contractor, and subcontractor agrees to send to each labor organization or representative of workers with which the Sub-recipient, contractor, and subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient, contractor, and subcontractor's commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i) minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) 23 qualifications for each, (iv) name and location of the person(s) taking applications for each of the positions, and (v) the anticipated date the work shall begin.

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

The Sub-recipient, contractor, and subcontractor will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient, contractor, and subcontractor's obligations under 24 CFR part 75.

Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.

28. Hatch Act. Contractor agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the United States Code.

29. Prohibition of Expending City, State or Federal Funds for Lobbying.

29.1 Contractor certifies, to the best of its knowledge and belief, that:

29.1.1 No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract.

29.1.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” (attached as Exhibit Q) in accordance with its instructions. 24 29.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

29.3 Contractor also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

29.4 Contractor shall complete and immediately forward to City the “Disclosure of Lobbying Activities,” a copy of which is attached hereto as Exhibit Q and incorporated herein by this reference, if Contractor, or any person, firm or corporation acting on Contractor’s behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by Contractor pursuant to this Contract.

30. Lead-Based Paint. Any Work performed by Contractor for the construction or rehabilitation of residential structures with assistance provided under this Contract shall be made subject to the provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)), 24 CFR 570.608, and the provisions for the elimination of lead-based paint hazard under 24 CFR Part 35. Contractor shall be responsible for the inspections and certifications required under Section 35.24 thereof, as applicable.

31. Historic Preservation. Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older or that are included on a Federal, state, or local historic property list.

32. Energy Efficiency Standards. Contractor agrees to comply with the California Energy Commission Assembly Bill 970, Title 24, Part I of the California Code of Regulations (AB970: Building Efficiency Energy Standards), in regard to construction and property development, when applicable.

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

34. Equipment. Contractor shall use, manage and dispose of equipment in 25 accordance with federal and State regulations.

35. Drug-Free Workplace. Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace as set forth in Exhibit R, attached hereto and incorporated herein by reference.

Contractor will:

35.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

35.2 . Establish a drug-free awareness program as required by Government Code Section 8355(b) to inform employees about all of the following:

35.2.1 The dangers of drug abuse in the workplace;

35.2.2 Contractor’s policy of maintaining a drug free workplace;

35.2.3 Any available counseling, rehabilitation, and employee assistance programs; and

35.2.4 Penalties that may be imposed upon employees for drug abuse violations.

35.3 Provide as required by Government Code Section 8355(c) that every employee who works under this Contract:

35.3.1 Will receive a copy of the company’s drug-free policy statement; and

35.3.2 Will agree to abide by the terms of Contractor’ company’s statement as a condition of employment under this Contract.

Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both, and Contractor may be ineligible for award of any future City contracts if City determines that any of the following has occurred:

35.3.3 Contractor has made false certification, or

35.3.4 . Contractor violates the certification by failing to carry out the requirements as noted above.

36. Safety. All work performed under this Contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by OSHA and CAL OSHA and other applicable state and federal laws. 26 City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. Where Contractor’s employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants’ health or safety.

37. Flood Disaster Protection. This Contract is subject to the requirements of Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention control and abatement of water pollution; and the implementing regulations adopted pursuant thereto (including but not limited to, as applicable, any regulations set forth in 24 CFR 55, implementing Executive Order 11988) in regard to the sale, lease or other transfer of land acquired, cleared, or improved under the terms of this Contract, as it may apply to the provisions of this Contract). No portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the HUD Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Contract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act.

Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the HUD Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract.

38. Build America, Buy America Act (BABA). For infrastructure projects, as defined, Contractor agrees to abide by the requirements of the Build America, Buy America Act (41 U.S.C., Subtitle IV, Ch. 83, 2021) and 2 CFR Part 184 preferences for infrastructure materials purchases of USA-sourced iron, steel and other materials, to the extent available, and applicable to this Agreement, subject to exemptions and/or waivers which may be authorized from time to time, and posted on the HUD government website, located at the following link:
https:www.hud.gov/program_offices/general_counsel/BABA. Contractor agrees to maintain purchase receipts and provide source documentation upon request of City, 27 through the required reporting period under this Agreement and as set forth in 2 CFR Part 184 and 2 CFR 200.322, unless exempt or granted a waiver.

39. Compliance with Air and Water Acts. This Contract is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency (EPA) with respect thereto, at 40 CFR 50 and 40 CFR 58, as amended from time to time.

40. Recovered Materials and Solid Waste Disposal Act. Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

41. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Work.

42. Fiscal Limitations.

43.1. Non-Appropriation of Funds. Payments to be made to Contractor by City for any Work performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s Work beyond the current fiscal year, this Agreement shall cover payment for Contractor’s Work only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

43.2. Grant Funding. City’s payment for the Work performed by Contractor to City pursuant to this Contract is contingent upon the availability and receipt by City of funds pursuant to the CDBG Grant (Exhibit C) and continued authorization for the Work in accordance with the CDBG Grant, and is subject to termination due to reduction in or lack of funds or authorization as provided in Section 3. This Contract is further subject to written modification as necessary by City in accordance with requirements of the CDBG Grant and any future amendments or modifications to the CDBG Grant and/or any Federal Requirements applicable to the CCBG Grant. In addition, this Contract may be amended or terminated as otherwise provided in the Special Provisions.

44. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

45. Severability. The invalidity in whole or in part of any provisions of this 28 Contract shall not void or affect the validity of the other provisions of this Contract.

46. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both).

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

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

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

50. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

51. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

52. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

29 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above.

CITY OF SEAL BEACH CONTRACTOR:

By: ___________________________ By: ____________________________ Patrick Gallegos, City Manager Ronald Matthew McMillon
President
Attest:

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

By: ___________________________ (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313.)
Ronald Matthew McMillon
Treasurer

EXHIBIT A

PROPOSAL
(MDJ Proposal dated July 20, 2026)

Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-MDJ
N. Seal Beach Community Center Upgrades
New Work Order
157286.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
07/20/2026
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Matt McMillon
310-490-1521
Owner Name: City of Seal Beach
Kathryne Cho
(562) 431 - 2527x1321
MDJ Management
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB-101723-MDJ.

Brief Work Order Description:

Upgrades at North Seal Beach Community Center
Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $368,667.53
Owner Purchase Order Number:

Approvals
City of Seal Beach Date MDJ Management Date

2.00

Page 1 of 1 ends

7/20/2026
Work Order Signature Document

3.00 Detailed Scope of Work
To: Matt McMillon From: Kathryne Cho
MDJ Management
531 Main St #611
El Segundo, CA 90245
310-490-1521
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
(562) 431 - 2527x1321
Work Order Number:

Date Printed: July 20, 2026
157286.00
Work Order Title: N. Seal Beach Community Center Upgrades Brief Scope: Upgrades at North Seal Beach Community Center Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached DSOW.

Subject to the terms and conditions of ezIQC Contract CA-R8-GB-101723-MDJ.

MDJ Management Date
City of Seal Beach Date

Page 1 of 1 ends

7/20/2026
Scope of Work

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

N. Seal Beach Community Center Upgrades
157286.00
IQC Master Contract #: CA-R8-GB-101723-MDJ
Work Order #:

Title:

Re:

Date: July 20, 2026
Proposal Value:

Contractor: MDJ Management
$368,667.53
Add Alt 1 Abatement $7,497.38
Bond $7,774.80
Exterior $77,746.76
HVAC $6,718.55
Main Lobby $220,208.82
Restroom $48,721.22
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$368,667.53
The Percentage of NPP on this Proposal: 9.86%

Page 1 of 1 ends

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

5.00 Contractor's Price Proposal - Detail
N. Seal Beach Community Center Upgrades
157286.00
IQC Master Contract #: CA-R8-GB-101723-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: July 20, 2026
Proposal Value:

Contractor: MDJ Management
$368,667.53
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Add Alt 1 Abatement
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 1 EA $1,353.00
Installation x x = 1,353.00
Quantity Unit Price Factor Total
1,230.00 1.00 1.1000
Bond $6,144.38 x 2%
2 01 56 16 00 0032 EA 7' Zipper Door For Plastic SheetingIncludes removal after use. $25.45 Installation x x = 25.45
Quantity Unit Price Factor Total

1.00 22.13 1.1500
Abatement Protection
02 82 33 00 0119 Up To 100 SF, Single Layer Or Multiple Layers, Linoleum Or Vinyl Sheet, Asbestos Abatement And Disposal
3 SET $1,606.38
Installation x x = 1,606.38
Quantity Unit Price Factor Total

1.00 1,396.85 1.1500
Asbestos Removal
02 82 33 00 0137 Up To 100 SF, Mastic, Asbestos Abatement And DisposalApplies to bottom layer only if multiple layers.
4 SET $1,614.07
Installation x x = 1,614.07
Quantity Unit Price Factor Total

1.00 1,403.54 1.1500
Asbestos Removal
02 82 33 00 0230 >10 To 100 SF, Asbestos Contaminated Dust And Minor Debris Collection In All Areas, Asbestos Abatement And Disposal
5 SF $156.40
Installation x x = 156.40
Quantity Unit Price Factor Total
100.00 1.36 1.1500
Asbestos Removal
02 89 00 00 0008 6 Mil Plastic Fire Retardant, Anti-static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction
6 SF $495.88
Installation x x = 495.88
Quantity Unit Price Factor Total
490.00 0.88 1.1500
Abatement Protection
02 89 00 00 0009 6 Mil Plastic Fire Retardant, Anti-static Retardant Sheeting, Applied To Ceilings, Hazmat Containment Construction
7 SF $157.24
Installation x x = 157.24
Quantity Unit Price Factor Total
121.00 1.13 1.1500
Abatement Protection
02 89 00 00 0022 5 Stage Portable Personnel Decontamination Wash FacilityIncludes connection to negative air system.
8 EA $1,379.46
Installation x x = 1,379.46
Quantity Unit Price Factor Total

1.00 1,199.53 1.1500
Abatement Protection

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Add Alt 1 Abatement
02 89 00 00 0023 Portable Waste Decontamination UnitIncludes connection to negative air system.
9 EA $709.50
Installation x x = 709.50
Quantity Unit Price Factor Total

1.00 616.96 1.1500
Abatement Protection
Subtotal for Add Alt 1 Abatement $7,497.38
Bond
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 10 EA $7,774.80
Installation x x = 7,774.80
Quantity Unit Price Factor Total
7,068.00 1.00 1.1000
Bond $353,395 x 2%
Subtotal for Bond $7,774.80
Exterior
11 01 22 23 00 0410 WK 2,000 Lb. Capacity, Mini-Excavator With Full-Time Operator $6,991.01 Installation x x = 6,991.01
Quantity Unit Price Factor Total

1.00 6,079.14 1.1500
Exterior Trench Drainage and Demo
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy-duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
12 EA $1,759.47
Installation x x = 1,759.47
Quantity Unit Price Factor Total

1.00 1,529.97 1.1500
Mini X
01 74 19 00 0019 15 CY Low-Boy Dumpster Mixed RecyclableFor mixed dirt, rock, concrete brick or asphalt with no trash or organics. Includes service to deliver and pick-up dumpster, hauling, rental and disposal fee.
13 EA $1,004.36
Installation x x = 1,004.36
Quantity Unit Price Factor Total

1.00 873.36 1.1500
Demo Exterior
14 02 41 13 13 0040 SF >3" To 6" By Hand, Break-up And Remove Bituminous Paving $1,053.98 Installation x x = 1,053.98
Quantity Unit Price Factor Total
150.00 6.11 1.1500
Remove Asphalt
10 14 19 00 0286 14" High x 1/2" Deep, Satin Finish, Stainless Steel Sign Letter/Character, Installed With Studs
15 EA $15,376.71
Installation x x = 15,376.71
Quantity Unit Price Factor Total

35.00 382.03 1.1500
North Seal Beach Community Center - lettering for exterior building sign. Closest LI to Custom Signage City Requesting.

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Exterior
16 10 14 19 00 0286 0124 For Polished Finish, Add $3,779.48 Installation x x = 3,779.48
Quantity Unit Price Factor Total

35.00 93.90 1.1500
17 10 14 23 11 0099 EA Removal And Reinstallation Of Building Signage, Exterior >4 To 12 SF $266.26 Installation x x = 266.26
Quantity Unit Price Factor Total

1.00 231.53 1.1500
Removal of Existing Exterior Signage
22 14 26 19 0003 6" Wide Trench Drain x 9" Outlet Section With 3" Bottom Outlet, Nikaloy Top, Heavy-Duty Body Sections, Heavy-Duty Loose Set Grate With Perimeter Drainage Slots
18 EA $40,917.35
Installation x x = 40,917.35
Quantity Unit Price Factor Total

30.00 1,186.01 1.1500
100LF of Trench Drain - 40" sections
19 22 14 26 19 0003 0173 EA For Vandal Proof Screws, Add $1,673.25 Installation x x = 1,673.25
Quantity Unit Price Factor Total

30.00 48.50 1.1500
20 31 05 16 00 0006 CY #6 (3/8" To 3/4" Clean) Stone Aggregate Fill $498.13 Installation x x = 498.13
Quantity Unit Price Factor Total

7.00 61.88 1.1500
Rock Bed Installed on exterior of building
21 31 05 16 00 0006 0053 For Up To 8, Add $99.66
Installation x x = 99.66
Quantity Unit Price Factor Total

7.00 12.38 1.1500
22 31 13 13 00 0047 EA Removal Of 18" To 24" Shrub, Broadleaf Evergreen $562.83 Installation x x = 562.83
Quantity Unit Price Factor Total

9.00 54.38 1.1500
Remove 9 Plants
23 31 23 16 36 0032 CY Spread Excess Or Imported Material And Rough Grade On Site By Hand $511.18 Installation x x = 511.18
Quantity Unit Price Factor Total

7.00 63.50 1.1500
Install Rock Bed along exterior of building
24 32 01 11 53 0002 LF Removal Of 4" Wide Painted Or Epoxy Pavement Striping $446.78 Installation x x = 446.78
Quantity Unit Price Factor Total
150.00 2.59 1.1500
Remove Existing
25 32 01 11 53 0002 0532 For Up To 250, Add $224.25
Installation x x = 224.25
Quantity Unit Price Factor Total
150.00 1.30 1.1500
26 32 17 23 13 0151 LF Single 4" Wide Solid Line, Painted Pavement Striping For Parking Areas $205.28 Installation x x = 205.28
Quantity Unit Price Factor Total
150.00 1.19 1.1500
ADA Striping
32 17 23 13 0168 Handicap Symbol For Standard Parking Stalls, Painted Pavement Marking For Parking AreasApproximate overall dimensions: 2-2/3' width x 3' height. White or blue symbol. Excludes striping.
27 EA $39.04
Installation x x = 39.04
Quantity Unit Price Factor Total

1.00 33.95 1.1500
ADA Symbol Standard

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Exterior
28 32 17 23 13 0168 0394 For Blue Background With White Symbol, Add $31.28 Installation x x = 31.28
Quantity Unit Price Factor Total

1.00 27.20 1.1500
32 17 23 13 0169 Handicap Symbol For Van Parking Stalls, Painted Pavement Marking For Parking AreasApproximate overall dimensions: 4-1/3' width x 5' height. White or blue symbol. Excludes striping.
29 EA $59.46
Installation x x = 59.46
Quantity Unit Price Factor Total

1.00 51.70 1.1500
ADA Symbol Van
30 32 17 23 13 0169 0394 For Blue Background With White Symbol, Add $66.41 Installation x x = 66.41
Quantity Unit Price Factor Total

1.00 57.75 1.1500
31 32 17 23 13 0173 LF Painted Curb $148.35
Installation x x = 148.35
Quantity Unit Price Factor Total

50.00 2.58 1.1500
ADA Curb
32 91 13 26 0005 Up To 8" Deep, Prepare And Mix Plant Bed By HandIncludes loosening subgrade, removing stones, sticks, roots, rubbish, and raking surface.

Excludes soil amendments.
32 SF $563.56
Installation x x = 563.56
Quantity Unit Price Factor Total

81.00 6.05 1.1500
9 plants
33 32 93 33 00 0032 EA 2 Gallon Aspidistra elatior - Cast Iron Plant $215.18 Installation x x = 215.18
Quantity Unit Price Factor Total

9.00 20.79 1.1500
9 Shade Friendly Plants
34 32 94 13 00 0002 LF 6" Poly/Vinyl Landscape Edging With Non-Round Top $734.85 Installation x x = 734.85
Quantity Unit Price Factor Total
100.00 6.39 1.1500
Edging for rock bed
35 32 94 49 00 0032 SF Woven PP Geotextile Fabric (DeepRoot GT-570) $518.65 Installation x x = 518.65
Quantity Unit Price Factor Total
550.00 0.82 1.1500
Weed Root Barrier, for rocks/plant beds
Subtotal for Exterior $77,746.76
HVAC
23 01 30 51 0005 >8 SF Cross Section, Clean Interior Supply/Return DuctworkIncludes sealing registers, grilles, diffusers as required. Excludes cleaning of registers, grilles, diffusers, or other devices.
36 LF $45.03
Installation x x = 45.03
Quantity Unit Price Factor Total

4.00 9.79 1.1500
For Connection of New Ductwork
37 23 01 30 51 0005 0009 For Exhaust Ductwork, Add $11.27 Installation x x = 11.27
Quantity Unit Price Factor Total

4.00 2.45 1.1500
38 23 01 30 51 0020 EA Clean Supply Or Return Fan $305.14 Installation x x = 305.14
Quantity Unit Price Factor Total

1.00 265.34 1.1500
Blower Motor Fan, to be removed from original motor and installed on new

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
HVAC
39 23 01 30 61 0002 SF Repair, Taping And Sealing Of DuctworkClean, apply sealant and tape $75.56 Installation x x = 75.56
Quantity Unit Price Factor Total

30.00 2.19 1.1500
Seal Duct Work
23 05 13 00 0151 2 HP, 1,200 RPM, L184T NEMA Cast Iron Frame, Premium Efficient, Severe Duty Motor
40 EA $2,423.21
Installation x x = 2,423.21
Quantity Unit Price Factor Total

1.00 2,107.14 1.1500
Install New Motor Unit#3
41 23 05 13 00 0258 EA 2 HP Motor Mounting $338.63
Installation x x = 338.63
Quantity Unit Price Factor Total

1.00 294.46 1.1500
Mount New Motor Unit #3
23 09 23 53 0494 Electronic Programmable Two Heating/Two Cooling Heat Pump Or Conventional Unit Thermostat (Honeywell TH8321)
42 EA $505.92
Installation x x = 483.33
Quantity Unit Price Factor Total

1.00 420.29 1.1500
Demolition 1.00 x 19.64 x 1.1500 = 22.59
Replace Thermostat
43 23 31 13 13 0005 LB Seal Class A, Rectangular Or Square, Galvanized Steel Sheet Metal Ductwork $2,192.82 Installation x x = 2,192.82
Quantity Unit Price Factor Total
105.00 18.16 1.1500
Sheet Metal, Main Supply Duct
44 23 31 13 13 0005 0079 For Up To 200, Add $766.76
Installation x x = 766.76
Quantity Unit Price Factor Total
105.00 6.35 1.1500
26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 45 EA $54.21
Installation x x = 54.21
Quantity Unit Price Factor Total

1.00 47.14 1.1500
LOTO Equipment #3
Subtotal for HVAC $6,718.55
Main Lobby
46 01 22 23 00 0056 WK 20' Electric, Scissor Platform Lift $1,829.24 Installation x x = 1,829.24
Quantity Unit Price Factor Total

4.00 397.66 1.1500
Install Ceiling Tile (2) lifts for (2) weeks
47 01 22 23 00 0169 WK >2,000 To 5,000 CFM, Portable Air Scrubber $2,517.49 Installation x x = 2,517.49
Quantity Unit Price Factor Total

4.00 547.28 1.1500
Floor and Restroom Demo (2) for (2) Weeks
01 22 23 00 0173 High Efficiency Particulate Air (HEPA) Filter, 99.99% Efficient At 0.3 Micron For Portable Air Scrubbers
48 EA $647.96
Installation x x = 647.96
Quantity Unit Price Factor Total

2.00 281.72 1.1500
Filter For Air Scrubber, Dust Control
49 01 56 16 00 0008 SF 6 Mil, Plastic Sheeting, Applied To FloorsIncludes removal after use. $1,113.20 Installation x x = 1,113.20
Quantity Unit Price Factor Total
2,200.00 0.44 1.1500
6mil Plastic Protect Floors

Page 5 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Main Lobby
50 01 56 16 00 0009 SF 6 Mil, Plastic Sheeting, Applied To WallsIncludes removal after use. $2,140.21 Installation x x = 2,140.21
Quantity Unit Price Factor Total
3,265.00 0.57 1.1500
6mil Plastic Protect Walls, 8' high
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy-duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
51 EA $1,759.47
Installation x x = 1,759.47
Quantity Unit Price Factor Total

1.00 1,529.97 1.1500
Scissor. Lift
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 52 EA $1,952.93
Installation x x = 1,952.93
Quantity Unit Price Factor Total

2.00 849.10 1.1500
Dumpster for Construction Debris
53 03 01 30 71 0009 SF Patch Decks Or Floors With 1/8" To 1/4" Thick Epoxy Cementitious Mortar $5,523.11 Installation x x = 5,523.11
Quantity Unit Price Factor Total
210.00 22.87 1.1500
Repair, Patch, Level Floor Prior to installation of LVT 54 08 00 00 00 0014 Seal Beach Community Center (3) 12x6 Glass Window Above Store Front $36,352.00 Installation x x = 36,352.00
Quantity Unit Price Factor Total
NPP

1.00 28,400.00 1.2800
Replace Glass and Framing Above Main Lobby Entrance
55 08 05 13 00 0051 EA Removal And Reinstallation Of Door $562.52 Installation x x = 562.52
Quantity Unit Price Factor Total

5.00 97.83 1.1500
Remove Interior Door to Trim
08 05 13 00 0053 Trim Bottom Of Existing Steel Door For Installation Of Carpet Or TileExcludes removal and reinstallation of door.
56 EA $595.59
Installation x x = 595.59
Quantity Unit Price Factor Total

5.00 103.58 1.1500
Trim Interior Door For Flooring Height
57 08 71 11 00 2271 EA Surface Mounted Heavy-Duty Door Closer (LCN 4040XP/4041 Series) $3,842.27 Installation x x = 3,650.39
Quantity Unit Price Factor Total

5.00 634.85 1.1500
Demolition 5.00 x 33.37 x 1.1500 = 191.88
Replace (5) Door Closers, (1) @ Restroom, (4) Main Lobby 58 08 71 11 00 2577 EA Removal And Reinstallation Of Door Lockset, Mortise $317.63 Installation x x = 317.63
Quantity Unit Price Factor Total

2.00 138.10 1.1500
Paint Office Doors
59 08 72 43 00 0011 LF 6" Width, 1/4" Height, Aluminum Saddle Threshold (Pemko 272A) $1,376.41 Installation x x = 1,376.41
Quantity Unit Price Factor Total

24.00 49.87 1.1500
Replace thresholds at door entry to accept new flooring.

Page 6 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Main Lobby
60 08 87 13 00 0005 SF Low E, Abrasion Resistant, Solar Control Window Film (3M Scotchtint™) $9,134.45 Installation x x = 9,134.45
Quantity Unit Price Factor Total
470.00 16.90 1.1500
(3) Entrance to Main Lobby, Tint of Store Front and Newly Installed Windows Above 09 01 60 91 0012 Grinding Of Existing Concrete Floor Prior To Installation Of FlooringUp to 1/8" of material per pass
61 SY $5,001.58
Installation x x = 5,001.58
Quantity Unit Price Factor Total
415.00 10.48 1.1500
Grind Floor, Prep for new LVT Flooring
09 01 60 91 0013 Up To 6" Wide, Hand Detail Work/Grinding At Wall Of Existing Concrete Floor Prior To Installation Of FlooringUp to 1/4" of material per pass 62 LF $11,614.02
Installation x x = 11,614.02
Quantity Unit Price Factor Total
515.00 19.61 1.1500
Prep Floor, 6" grind perimeter of rooms where flooring is replaced. 09 01 90 52 0005 Chemical Clean, Brush And Wash, Concrete, Stone And Masonry Surfaces, Surface Preparation
63 SF $552.00
Installation x x = 552.00
Quantity Unit Price Factor Total
600.00 0.80 1.1500
Prep Office CMU for Paint
09 01 90 52 0014 Hand Wash, Minor Repair And Light Sanding Drywall Surfaces, Surface Preparation
64 SF $434.70
Installation x x = 434.70
Quantity Unit Price Factor Total
600.00 0.63 1.1500
Prep Office Drywall for Paint
65 09 01 90 52 0019 SF Hand Scraping And Sanding, Metal Surfaces, Surface Preparation $143.45 Installation x x = 143.45
Quantity Unit Price Factor Total
126.00 0.99 1.1500
Both Sides of Metal Doors, Restroom and both Offices to be painted 66 09 01 90 52 0019 0333 For >100 To 250, Add $50.72
Installation x x = 50.72
Quantity Unit Price Factor Total
126.00 0.35 1.1500
09 05 71 00 0004 Vinyl, Linoleum, LVT And Vinyl Strip Flooring Acoustical Underlayment (Impacta, Soundseal VC300)
67 SF $11,840.91
Installation x x = 11,840.91
Quantity Unit Price Factor Total
3,343.00 3.08 1.1500
LVT Underlayment
68 09 51 23 00 0003 SF 12" x 12" x 5/8" Spline Mineral Fiber Acoustical Ceiling Tile $25,334.10 Installation x x = 25,334.10
Quantity Unit Price Factor Total
2,957.00 7.45 1.1500
Replace 12x12 Ceiling Tile in Main Lobby and Entry Lobby, Install over existing. 69 09 51 23 00 0003 0102 SF For Furring 1 x 3 Strips 12" On Center, Add $1,700.28 Installation x x = 1,700.28
Quantity Unit Price Factor Total
2,957.00 0.50 1.1500
70 09 51 23 00 0003 0402 For Ceilings >10' High, Add $748.12 Installation x x = 748.12
Quantity Unit Price Factor Total
2,957.00 0.22 1.1500
09 64 33 00 0006 Laminate Floor, With Attached Underlayment, Antique Amber OakAlso comes in Rustic Red Oak.
71 SF $14,109.13
Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 15.21 1.1500
Demolition 3,343.00 x 3.67 x 1.1500 = 14,109.13
Demo Existing Flooring in MPR, Kitchen as well as one office

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Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Main Lobby
72 09 65 13 13 0006 LF 6" High, 1/8" Thick, Type TV Thermoplastic Vinyl Wall Base, All Colors $4,006.97 Installation x x = 3,439.24
Quantity Unit Price Factor Total
408.00 7.33 1.1500
Demolition 408.00 x 1.21 x 1.1500 = 567.73
Demo and Replace all Vinyl Wall Base
73 09 65 19 23 0041 SF 3" Wide Resilient Plank Vinyl FlooringKarndean Da Vinci Plank $49,208.96 Installation x x = 49,208.96
Quantity Unit Price Factor Total
3,343.00 12.80 1.1500
Install LVT Flooring in Hall, Main Lobby, Kitchen, Entry Lobby. Offices and Storage Units with VCT excluded 74 09 91 23 00 0044 SF 1 Coat Filler, Brush Work, Paint Interior Concrete Block Walls $800.40 Installation x x = 800.40
Quantity Unit Price Factor Total
600.00 1.16 1.1500
Paint Office CMU (2) Offices
75 09 91 23 00 0046 SF 2 Coats Paint, Brush Work, Paint Interior Concrete Block Walls $1,738.80 Installation x x = 1,738.80
Quantity Unit Price Factor Total
600.00 2.52 1.1500
Paint Office CMU (2) Offices
76 09 91 23 00 0062 LF 1 Coat Paint, Cut-in Brush Work, Paint Interior Plaster/Drywall Walls $32.38 Installation x x = 32.38
Quantity Unit Price Factor Total
176.00 0.16 1.1500
Paint Office Drywall (2) Offices
77 09 91 23 00 0066 SF 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $517.50 Installation x x = 517.50
Quantity Unit Price Factor Total
600.00 0.75 1.1500
Paint Office Drywall (2) Offices
78 09 91 23 00 0068 SF 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $1,048.80 Installation x x = 1,048.80
Quantity Unit Price Factor Total
600.00 1.52 1.1500
Paint Office Drywall (2) Offices
79 09 91 23 00 0253 LF 1 Coat Primer, Brush/Roller Work, Paint Interior Metal Door Frame And Trim $72.14 Installation x x = 72.14
Quantity Unit Price Factor Total

51.00 1.23 1.1500
Paint Restroom Door, and Two Office Doors Trim
80 09 91 23 00 0255 LF 2 Coats Paint, Brush/Roller Work, Paint Interior Metal Door Frame And Trim $156.01 Installation x x = 156.01
Quantity Unit Price Factor Total

51.00 2.66 1.1500
Paint Restroom Door, and Two Office Doors Trim
81 09 91 23 00 0261 EA 1 Coat Paint, Brush/Roller Work, Both Faces, Paint Interior Metal Door $376.50 Installation x x = 376.50
Quantity Unit Price Factor Total

3.00 109.13 1.1500
Paint Restroom Door, and Two Office Doors
82 09 91 23 00 0262 EA 2 Coats Paint, Brush/Roller Work, Both Faces, Paint Interior Metal Door $685.45 Installation x x = 685.45
Quantity Unit Price Factor Total

3.00 198.68 1.1500
Paint Restroom Door, and Two Office Doors

Page 8 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Main Lobby
10 26 16 13 0016 6" High, 1" Deep, Flat, Rigid Vinyl Wall Guard With Aluminum Retainer (Pawling WG-6)
83 LF $880.79
Installation x x = 880.79
Quantity Unit Price Factor Total

37.00 20.70 1.1500
Wall Guard for Tables
10 28 13 13 0356 60" x 36", Surface Mounted, Stainless Steel Channel Frame Glass Mirror (Gamco C-60x36)
84 EA $1,123.39
Installation x x = 1,057.24
Quantity Unit Price Factor Total

2.00 459.67 1.1500
Demolition 2.00 x 28.76 x 1.1500 = 66.15
Replace Broken Mirrors (2)
12 24 13 00 0006 0% Openness, Blackout, Polyvinyl Chloride (PVC) Free, Acrylic Backed Polyester, Roller Window Shades
85 SF $5,154.30
Installation x x = 4,982.90
Quantity Unit Price Factor Total
216.00 20.06 1.1500
Demolition 216.00 x 0.69 x 1.1500 = 171.40
Remove and Replace Window Shades above (3) Entrance 12x6 86 12 24 13 00 0006 0034 For Window Top >10' Above Finished Floor, Add $84.46 Installation x x = 84.46
Quantity Unit Price Factor Total
216.00 0.34 1.1500
26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 87 EA $54.21
Installation x x = 54.21
Quantity Unit Price Factor Total

1.00 47.14 1.1500
LOTO Lighting
26 05 19 16 0402 #12 AWG, 3 Conductors, 600 Volt, Type NM, Copper, Non-Metallic Sheathed Cable
88 MLF $1,278.56
Installation x x = 1,278.56
Quantity Unit Price Factor Total

0.15 7,411.97 1.1500
Wire in switch and (6) new lobby entrance lights
26 51 19 00 0195 2' x 2', 3,200 Lumens, Architectural, Lay-In/Troffer LED Fixture (Cree® ZR22-32LHE-35K-10V)
89 EA $6,833.90
Installation x x = 6,504.22
Quantity Unit Price Factor Total

6.00 942.64 1.1500
Demolition 6.00 x 47.78 x 1.1500 = 329.68
Replacing existing (6) fixtures with LED Fixture
90 26 51 19 00 0195 0619 For Surface Mount, Add $1,303.89 Installation x x = 1,303.89
Quantity Unit Price Factor Total

6.00 188.97 1.1500
91 26 51 33 00 0059 EA Removal And Reinstallation Of Surface Mounted Or Pendant Light Fixture $3,657.92 Installation x x = 3,657.92
Quantity Unit Price Factor Total

20.00 159.04 1.1500
Remove 20 Fixtures in Main Lobby, Reinstall
Subtotal for Main Lobby $220,208.82
Restroom
92 06 11 16 00 0159 LF 2" x 4" Wood Blocking To Wood $698.05 Installation x x = 698.05
Quantity Unit Price Factor Total
100.00 6.07 1.1500
Blocking for installing fixtures

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
08 71 11 00 0448 1-3/8" Overall Height, 9/16" Base Height, Satin Nickel Finish, Brass Dome Floor Stop (Ives FS438)
93 EA $68.85
Installation x x = 52.30
Quantity Unit Price Factor Total

1.00 45.48 1.1500
Demolition 1.00 x 14.39 x 1.1500 = 16.55
Replace Floor Door Stop
94 08 71 11 00 0786 EA Slide Latch Handle Mechanism For Toilet Stall Partition Doors $84.21 Installation x x = 84.21
Quantity Unit Price Factor Total

1.00 73.23 1.1500
Toilet partition door
95 08 71 11 00 2294 EA Entrance F08 Mortise LocksetLocked with key outside and thumb knob inside. $1,410.20 Installation x x = 1,377.11
Quantity Unit Price Factor Total

1.00 1,197.49 1.1500
Demolition 1.00 x 28.77 x 1.1500 = 33.09
Men Restroom Door LockSet Replacement
96 08 71 11 00 2294 0266 For Satin Stainless Steel US32D (BHMA 630) Finish, Add $439.40 Installation x x = 439.40
Quantity Unit Price Factor Total

1.00 382.09 1.1500
09 01 20 91 0008 Tape, Spackle And Finish Gypsum Board To Patch/Finish Small Diameter Holes Or Screw Head Pops
97 EA $56.64
Installation x x = 56.64
Quantity Unit Price Factor Total

25.00 1.97 1.1500
Drywall Repair of holes and small patches
98 09 01 20 91 0008 0048 For ASTM C840 Level 5 High Quality Finish, Add $41.98 Installation x x = 41.98
Quantity Unit Price Factor Total

25.00 1.46 1.1500
09 01 90 52 0005 Chemical Clean, Brush And Wash, Concrete, Stone And Masonry Surfaces, Surface Preparation
99 SF $331.20
Installation x x = 331.20
Quantity Unit Price Factor Total
360.00 0.80 1.1500
CMU Restroom Walls
100 09 01 90 52 0005 0327 For >250 To 500, Add $70.38
Installation x x = 70.38
Quantity Unit Price Factor Total
360.00 0.17 1.1500
09 01 90 52 0014 Hand Wash, Minor Repair And Light Sanding Drywall Surfaces, Surface Preparation
101 SF $521.64
Installation x x = 521.64
Quantity Unit Price Factor Total
720.00 0.63 1.1500
Prep Restroom Wall for Paint
102 09 01 90 52 0014 0327 For >250 To 500, Add $66.24
Installation x x = 66.24
Quantity Unit Price Factor Total
360.00 0.16 1.1500
103 09 22 36 13 0007 SF 5/8" Thick, Installed On Ceiling, Plaster Base Gypsum Panel $1,374.48 Installation x x = 1,079.71
Quantity Unit Price Factor Total
288.00 3.26 1.1500
Demolition 288.00 x 0.89 x 1.1500 = 294.77
Demo and Replace Drywall Ceiling in Restroom, required for lighting retrofit. 104 09 22 36 13 0007 0020 For >100 To 500, Add $145.73
Installation x x = 145.73
Quantity Unit Price Factor Total
288.00 0.44 1.1500

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
105 09 29 10 00 0041 SF Up To 10' High, Ceilings, Tape, Spackle And Finish Gypsum Board $344.45 Installation x x = 344.45
Quantity Unit Price Factor Total
288.00 1.04 1.1500
Finish ceiling and prep for paint
106 09 29 10 00 0041 0043 For >128 To 320, Add $82.80
Installation x x = 82.80
Quantity Unit Price Factor Total
288.00 0.25 1.1500
107 09 29 10 00 0041 0048 For ASTM C840 Level 5 High Quality Finish, Add $255.02 Installation x x = 255.02
Quantity Unit Price Factor Total
288.00 0.77 1.1500
108 09 29 10 00 0051 LF Corner Bead, Galvanized Steel For Gypsum Board $335.58 Installation x x = 335.58
Quantity Unit Price Factor Total

71.00 4.11 1.1500
Ceiling Perimeter
109 09 29 10 00 0051 0013 For Up To 100, Add $23.68
Installation x x = 23.68
Quantity Unit Price Factor Total

71.00 0.29 1.1500
09 30 13 00 0004 8" x 8" And Larger Unmounted Ceramic Floor TileIncludes glazed porcelain , unglazed porcelain and glazed ceramic tiles.
110 SF $5,055.84
Installation x x = 4,423.45
Quantity Unit Price Factor Total
282.00 13.64 1.1500
Demolition 282.00 x 1.95 x 1.1500 = 632.39
12'x23.5' Restroom Floor
09 30 13 00 0004 0074 For High-Modulus, Low-Viscosity, High-Strength Chemical Resistant Epoxy Grout, Add
111 SF $586.98
Installation x x = 586.98
Quantity Unit Price Factor Total
282.00 1.81 1.1500
09 30 13 00 0007 8" x 8" And Larger Unmounted Ceramic Wall TileIncludes glazed porcelain , unglazed porcelain and glazed ceramic tiles.
112 SF $1,720.45
Installation x x = 1,488.61
Quantity Unit Price Factor Total

84.00 15.41 1.1500
Demolition 84.00 x 2.40 x 1.1500 = 231.84
84 sq ft wall tile
113 09 30 13 00 0007 0071 For >50 To 250, Add $184.51
Installation x x = 184.51
Quantity Unit Price Factor Total

84.00 1.91 1.1500
09 30 13 00 0007 0074 For High-Modulus, Low-Viscosity, High-Strength Chemical Resistant Epoxy Grout, Add
114 SF $200.93
Installation x x = 200.93
Quantity Unit Price Factor Total

84.00 2.08 1.1500
115 09 30 13 00 0012 LF 6" High x 24" Long, Unpolished Ceramic Cove Base (Daltile Portfolio) $2,169.36 Installation x x = 2,169.36
Quantity Unit Price Factor Total

80.00 23.58 1.1500
Cove Base Tile Perimeter
09 30 13 00 0012 0079 For High-Modulus, Low-Viscosity, High-Strength Chemical Resistant Epoxy Grout, Add
116 LF $180.32
Installation x x = 180.32
Quantity Unit Price Factor Total

80.00 1.96 1.1500

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
09 32 13 00 0003 1-1/4" Minimum Thickness Portland Cement Mortar Setting BedFor commercial floors. Includes 15 Lb. felt and wire reinforcement.
117 SF $2,146.87
Installation x x = 2,146.87
Quantity Unit Price Factor Total
282.00 6.62 1.1500
Tile Floor, Mortar, Level and Slope to Drain
09 32 13 00 0004 3/4" Portland Cement Plaster Scratch Coat for WallsIncludes 15 Lb. felt and expanded metal lath.
118 SF $1,369.88
Installation x x = 1,369.88
Quantity Unit Price Factor Total

80.00 14.89 1.1500
Prep Wall for Tile Installation
119 09 32 13 00 0004 0059 For >50 To 250, Add $230.00
Installation x x = 230.00
Quantity Unit Price Factor Total

80.00 2.50 1.1500
09 39 00 00 0008 3/8" Height, Satin Anodized Aluminum Cove Shaped Transition Profile Trim For Tile (Schluter® Dilex-AHK)
120 LF $732.32
Installation x x = 732.32
Quantity Unit Price Factor Total

80.00 7.96 1.1500
Cove Base Transition, Schluter
121 09 39 00 00 0018 SF 5/8" Tile Substrate And Building Panel (Schluter® KERDI BOARD) $1,042.31 Installation x x = 1,042.31
Quantity Unit Price Factor Total

84.00 10.79 1.1500
Tile Wall Substrate
122 09 39 00 00 0043 LF 5/16" Height, Aluminum Edge Protection Trim For Tile (Schluter® RONDEC) $94.94 Installation x x = 94.94
Quantity Unit Price Factor Total

12.00 6.88 1.1500
aluminum for all inside and outside corners
123 09 91 23 00 0044 SF 1 Coat Filler, Brush Work, Paint Interior Concrete Block Walls $480.24 Installation x x = 480.24
Quantity Unit Price Factor Total
360.00 1.16 1.1500
Paint CMU Wall Filler/Primer
124 09 91 23 00 0044 0281 For >250 To 500, Add $62.10
Installation x x = 62.10
Quantity Unit Price Factor Total
360.00 0.15 1.1500
125 09 91 23 00 0046 SF 2 Coats Paint, Brush Work, Paint Interior Concrete Block Walls $1,043.28 Installation x x = 1,043.28
Quantity Unit Price Factor Total
360.00 2.52 1.1500
Paint CMU Wall 2 Coat
126 09 91 23 00 0046 0281 For >250 To 500, Add $132.48
Installation x x = 132.48
Quantity Unit Price Factor Total
360.00 0.32 1.1500
127 09 91 23 00 0062 LF 1 Coat Paint, Cut-in Brush Work, Paint Interior Plaster/Drywall Walls $42.32 Installation x x = 42.32
Quantity Unit Price Factor Total
230.00 0.16 1.1500
Ceiling line, corners, door frame, fixtures, tile edges of Restroom 128 09 91 23 00 0062 0280 For >100 To 250, Add $13.23
Installation x x = 13.23
Quantity Unit Price Factor Total
230.00 0.05 1.1500

Page 12 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
129 09 91 23 00 0066 SF 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $310.50 Installation x x = 310.50
Quantity Unit Price Factor Total
360.00 0.75 1.1500
Paint Drywall of Restroom Prime
130 09 91 23 00 0066 0281 For >250 To 500, Add $41.40
Installation x x = 41.40
Quantity Unit Price Factor Total
360.00 0.10 1.1500
131 09 91 23 00 0068 SF 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $629.28 Installation x x = 629.28
Quantity Unit Price Factor Total
360.00 1.52 1.1500
Paint Drywall of Restroom 2 Coat
132 09 91 23 00 0068 0281 For >250 To 500, Add $82.80
Installation x x = 82.80
Quantity Unit Price Factor Total
360.00 0.20 1.1500
133 09 91 23 00 0159 SF 1 Coat Primer, Brush/Roller Work, Paint Interior Drywall/Plaster Ceiling $291.46 Installation x x = 291.46
Quantity Unit Price Factor Total
288.00 0.88 1.1500
Paint Drywall of Restroom Ceiling Primer
134 09 91 23 00 0159 0281 For >250 To 500, Add $39.74
Installation x x = 39.74
Quantity Unit Price Factor Total
288.00 0.12 1.1500
135 09 91 23 00 0161 SF 2 Coats Paint, Brush/Roller Work, Paint Interior Drywall/Plaster Ceiling $536.54 Installation x x = 536.54
Quantity Unit Price Factor Total
288.00 1.62 1.1500
Paint Drywall of Restroom Ceiling 2 Coat
136 09 91 23 00 0161 0281 For >250 To 500, Add $72.86
Installation x x = 72.86
Quantity Unit Price Factor Total
288.00 0.22 1.1500
10 21 13 14 0006 60" x 78", Floor Anchored, Stainless Steel, One Compartment Corner Unit, Complete ADA Compliant Toilet Partition
137 EA $3,527.53
Installation x x = 3,527.53
Quantity Unit Price Factor Total

1.00 3,067.42 1.1500
Toilet Partition Replacement for Single ADA Stall
138 10 21 13 14 0006 0181 For Heavy Gauge Full-Height SS Hinges And Brackets, Add $258.28 Installation x x = 258.28
Quantity Unit Price Factor Total

1.00 224.59 1.1500
139 10 21 13 14 0030 EA 24" x 58" x 1", Wall Hung And Post Supported, Stainless Steel, Urinal Screen $1,157.51 Installation x x = 1,157.51
Quantity Unit Price Factor Total

1.00 1,006.53 1.1500
Demo and Install urinal partition in mens bathroom
10 28 13 13 0058 Four Roll, Partition Mounted, Stainless Steel Toilet Tissue Dispenser (Bobrick B-386)Mounts centered through toilet partitions.
140 EA $395.00
Installation x x = 395.00
Quantity Unit Price Factor Total

1.00 343.48 1.1500
Single Toilet Stall Tissue Dispenser

Page 13 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
10 28 13 13 0064 20 Fluid Ounce, 6" Spout, Top-Filling Lavatory Mounted, Chrome Plated Soap Dispenser (Bobrick B-82216)
141 EA $157.25
Installation x x = 127.49
Quantity Unit Price Factor Total

1.00 110.86 1.1500
Demolition 1.00 x 25.88 x 1.1500 = 29.76
Demo and Install new Soap Dispenser
10 28 13 13 0099 Surface Mounted, Stainless Steel Sanitary Seat-Cover Dispenser (Bobrick Contura B-4221)
142 EA $215.77
Installation x x = 186.01
Quantity Unit Price Factor Total

1.00 161.75 1.1500
Demolition 1.00 x 25.88 x 1.1500 = 29.76
Demo and Install Seat Cover Dispenser
10 28 13 13 0142 12 Gallon, Surface Mounted, Stainless Steel Combination Folded Paper Towel Dispenser/Waste Receptacle (Bobrick Classic B-3949)
143 EA $778.99
Installation x x = 778.99
Quantity Unit Price Factor Total

1.00 677.38 1.1500
Install Surface Mount Trash Dispenser
144 10 28 13 13 0171 EA 42" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x42) $163.47 Installation x x = 137.02
Quantity Unit Price Factor Total

1.00 119.15 1.1500
Demolition 1.00 x 23.00 x 1.1500 = 26.45
Men Restroom ADA Grab Bar
145 10 28 13 13 0172 EA 48" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x48) $170.63 Installation x x = 144.18
Quantity Unit Price Factor Total

1.00 125.37 1.1500
Demolition 1.00 x 23.00 x 1.1500 = 26.45
Men Restroom ADA Grab Bar
10 28 13 13 0372 48" x 36", Surface Mounted, Stainless Steel Angle Frame Glass Mirror (Gamco A-48x36)
146 EA $511.01
Installation x x = 477.94
Quantity Unit Price Factor Total

1.00 415.60 1.1500
Demolition 1.00 x 28.76 x 1.1500 = 33.07
removal of existing mirror in mens bathroom and replaced at ADA height 10 28 13 13 0373 72" x 36", Surface Mounted, Stainless Steel Angle Frame Glass Mirror (Gamco A-72x36)
147 EA $736.48
Installation x x = 736.48
Quantity Unit Price Factor Total

1.00 640.42 1.1500
Wall Mounted mirror in men''s bathroom
12 36 61 16 0004 1/2" Thick, Solid Color, Solid Surface Countertop Without BacksplashQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 148 SF $482.17
Installation x x = 482.17
Quantity Unit Price Factor Total

6.00 69.88 1.1500
Install New Sink Countertop
149 12 36 61 16 0004 0021 For Up To 50, Add $157.46
Installation x x = 157.46
Quantity Unit Price Factor Total

6.00 22.82 1.1500
12 36 61 19 0006 Quartz Agglomerate Countertop End Splash For Quartz Agglomerate Countertops
150 LF $96.66
Installation x x = 96.66
Quantity Unit Price Factor Total

5.00 16.81 1.1500
Backsplash

Page 14 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
151 12 36 61 19 0007 EA Cutout For Sink And/or Faucet In Quartz Agglomerate Countertop $198.46 Installation x x = 198.46
Quantity Unit Price Factor Total

1.00 172.57 1.1500
1 Restroom Sink and Faucet
22 01 40 81 0003 Removal And Replacement Of 3/8" Diameter Compression x 1/2" Diameter FIP, Braided Stainless Steel, Supply Lines To Sink/Lavatory 152 EA $53.80
Installation x x = 53.80
Quantity Unit Price Factor Total

2.00 23.39 1.1500
Sink Supply Lines
153 22 01 40 81 0005 EA Removal And Replacement Of Single Bowl Sink/Lavatory Drain Line $48.84 Installation x x = 48.84
Quantity Unit Price Factor Total

1.00 42.47 1.1500
Drain lines for sink
22 11 19 00 0240 3/4" Diameter In x 3/4" Diameter Out, Thermostatic Mixing Valve (Leonard LV-981-RF)For hot water or two pipe low pressure steam. 154 EA $1,347.77
Installation x x = 1,347.77
Quantity Unit Price Factor Total

1.00 1,171.97 1.1500
for mixing valve at restroom sink
155 22 13 19 13 0003 EA Bronze Top, 6" Round Top Floor Drain With 2" Outlet $1,214.34 Installation x x = 1,060.44
Quantity Unit Price Factor Total

1.00 922.12 1.1500
Demolition 1.00 x 133.83 x 1.1500 = 153.90
Replace Floor Drain Restroom
156 22 13 19 13 0003 0032 EA For Vandal Proof Screws, Add $12.65 Installation x x = 12.65
Quantity Unit Price Factor Total

1.00 11.00 1.1500
22 42 13 16 0004 Wall Hung, Washout, Vitreous China Urinal With Top Spud (American Standard Washbrook®)
157 EA $1,960.50
Installation x x = 1,687.17
Quantity Unit Price Factor Total

2.00 733.55 1.1500
Demolition 2.00 x 118.84 x 1.1500 = 273.33
Demo and Install (2) New Urinals
158 22 42 16 13 0016 EA 19" x 16" Enameled Cast Iron Countertop Lavatory (Kohler® Ellington™) $703.56 Installation x x = 703.56
Quantity Unit Price Factor Total

1.00 611.79 1.1500
New Lavatory on Countertop
159 22 42 39 00 0181 EA Electronic Lavatory Faucet (Chicago Faucet 116.112.AB.1) $1,404.05 Installation x x = 1,297.52
Quantity Unit Price Factor Total

1.00 1,128.28 1.1500
Demolition 1.00 x 92.63 x 1.1500 = 106.52
Demo and Install New Faucet
22 42 39 00 0205 1/2" NPT x 3/8" Compression Chrome, Quarter Turn Dual Angle Stop (SharkBite 25558LF)
160 EA $94.55
Installation x x = 94.55
Quantity Unit Price Factor Total

2.00 41.11 1.1500
new angle stops installed in bathroom sink
161 22 42 39 00 0218 EA Lavatory Protective Enclosure (IPS Truebro Lav Shield) $364.81 Installation x x = 364.81
Quantity Unit Price Factor Total

1.00 317.23 1.1500
drain cover for ADA bathroom sink

Page 15 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
22 42 43 00 0017 Exposed Battery Powered Water Closet Flush Valve (Sloan Royal Optima 110 Smooth)
162 EA $746.57
Installation x x = 703.01
Quantity Unit Price Factor Total

1.00 611.31 1.1500
Demolition 1.00 x 37.88 x 1.1500 = 43.56
Demo and Install new Sloan Flush Valve (1) Toilet ADA
22 42 43 00 0045 3/4" Diameter Top Spud, Exposed Manual Urinal Flush Valve (Zurn Z6003AV)0.5, 1.0 or 1.5 GPF.
163 EA $708.56
Installation x x = 621.44
Quantity Unit Price Factor Total

2.00 270.19 1.1500
Demolition 2.00 x 37.88 x 1.1500 = 87.12
Demo and Install (2) new urinals
22 43 13 00 0004 Flush Valve Type, Siphon Jet, Floor Mounted, Wall Outlet, Handicap Accessible, Elongated Vitreous China Healthcare Water Closet With Bedpan Holding Rim (American Standard Huron)
164 EA $1,088.89
Installation x x = 956.05
Quantity Unit Price Factor Total

1.00 831.35 1.1500
Demolition 1.00 x 115.51 x 1.1500 = 132.84
Demo and Install New ADA Toilet
23 01 20 91 0040 Shut Down Existing Interior Piping SystemIncludes lock out/tag out and average line tracing. Use when valves are greater than 25' from work. When the shut-off valves for multiple lines are located with a 10' radius, the quantity used shall be one.
165 EA $291.00
Installation x x = 291.00
Quantity Unit Price Factor Total

1.00 253.04 1.1500
prior to demo restroom
23 34 16 00 0257 270 CFM, Ceiling/Wall Mounted, Polymeric Intake Grille, Side Discharge, Light Duty Exhaust Fan Without Light (Broan® 502)
166 EA $544.12
Installation x x = 483.89
Quantity Unit Price Factor Total

1.00 420.77 1.1500
Demolition 1.00 x 52.38 x 1.1500 = 60.24
Ceiling Exhaust Fan Replacement
26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 167 EA $108.42
Installation x x = 108.42
Quantity Unit Price Factor Total

2.00 47.14 1.1500
Restroom Electrical LOTO
26 05 19 16 0402 #12 AWG, 3 Conductors, 600 Volt, Type NM, Copper, Non-Metallic Sheathed Cable
168 MLF $852.38
Installation x x = 852.38
Quantity Unit Price Factor Total

0.10 7,411.97 1.1500
Wire in switch and (4) new can recessed lights
169 26 05 19 16 0402 0006 For Installation In Wood Stud Wall (Includes Drilling), Add $494.45 Installation x x = 494.45
Quantity Unit Price Factor Total

1.00 429.96 1.1500
26 09 23 00 0147 Ceiling Mount Sensor Coer >500 SF, T-Bar Or Exposed CeilingIncludes one relay, 8' of plenum rated control wire, mounting, j-box. 170 EA $387.87
Installation x x = 387.87
Quantity Unit Price Factor Total

1.00 337.28 1.1500
Ceiling Mounted Occupancy Sensor
26 09 23 00 0152 Wall Switch Replacement Occupancy/Photo Sensor, Single GangIncludes integral occupancy sensor, photosensor and relay.
171 EA $168.07
Installation x x = 168.07
Quantity Unit Price Factor Total

1.00 146.15 1.1500
Install Replacement Wall Switch with Entrance Occupancy Sensor

Page 16 of 17 ends

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

Work Order Title:

Work Order Number: 157286.00
N. Seal Beach Community Center Upgrades
Restroom
26 27 26 00 0128 20 Amperes, 125 Volt Duplex Ground Fault Circuit Interrupter (GFCI), Specification Grade Tamper Resistant ReceptaclePass & Seymour 2095-TRS. 172 EA $112.94
Installation x x = 97.90
Quantity Unit Price Factor Total

1.00 85.13 1.1500
Demolition 1.00 x 13.08 x 1.1500 = 15.04
Replace GFCI in Restroom
173 26 27 26 00 0138 EA 1 Gang, 20 Amperes, 120/277 Volt, SPST, Switch Assembly $133.20 Installation x x = 133.20
Quantity Unit Price Factor Total

1.00 115.83 1.1500
Replace Restroom Switch for New LED Lights
174 26 27 26 00 0344 EA Removal And Reinstallation Of Receptacle Or Switch Outlet Cover Plate $25.05 Installation x x = 25.05
Quantity Unit Price Factor Total

2.00 10.89 1.1500
Switch and GFCI
175 26 51 16 00 0010 EA 2 T8 Lamps, 1' x 4', Surface Mounted, Wraparound Fluorescent Fixture $100.56 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 267.03 1.1500
Demolition 2.00 x 43.72 x 1.1500 = 100.56
Demo Existing Restroom Light Fixture
176 26 51 19 00 0468 EA 6" Diameter, 8.9 Watt, Can Retrofit, LED Downlight (Lithonia 6BP) $662.03 Installation x x = 662.03
Quantity Unit Price Factor Total

4.00 143.92 1.1500
(4) LED Can Light Recessed, Restroom Lighting
177 26 51 19 00 0468 0548 EA For Recessed IC/Non-IC Rated Housing For New Construction, Add $242.10 Installation x x = 242.10
Quantity Unit Price Factor Total

4.00 52.63 1.1500
Subtotal for Restroom $48,721.22
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$368,667.53
The Percentage of NPP on this Proposal: 9.86%

Page 17 of 17 ends

7/20/2026
Contractor's Price Proposal - Detail
Subcontractor Listing
157286.00
N. Seal Beach Community Center Upgrades
IQC Master Contract #: CA-R8-GB-101723-MDJ
Work Order #:

Owner PO #:

Title:

Re:

Date: July 20, 2026
Proposal Value:

Contractor: MDJ Management
$368,667.53
Name of Contractor Duties Amount %
ACCO HVAC $6,628.00 1.80
Eyedeal Interiors Inc LVT Flooring $61,445.00 16.67
Janus Corporation Abatement $6,270.00 1.70
TLALPA Golden Stone Tile Restroom Tile $21,260.00 5.77
Tri-City Glass (3) Store Front Glass $28,400.00 7.70

6.00

Page 1 of 1 ends

7/20/2026
Subcontractor Listing

MDJ Management, LLC
License # 1044711
DIR # 1000061313
531 Main St. #611 El Segundo CA 90245
310-490-1521
Job Name: N. Seal Beach Community Center Upgrades Phase 2 Location: 3333 St Cloud Dr, Seal Beach, CA 90740
Customer: City of Seal Beach
Submission Date: 07/02/2026
Detailed Scope of Work
Area 1 – Men's Restroom Renovation
● Complete demolition of existing restroom finishes, fixtures, accessories, partitions, ceiling, lighting, and exhaust fan.
● Install new drywall ceiling and complete patching of walls as required. ● Install new ceramic floor tile, wall tile, cove base, Schluter trim, and associated tile substrate.
● Prepare, prime, and paint CMU walls, drywall walls, drywall ceiling, and existing hollow metal door and frame.
● Install new ADA toilet, flush valve, (2) urinals, lavatory, countertop, faucet, floor drain, mixing valve, angle stops, and associated plumbing trim. ● Install new recessed LED lighting, occupancy sensor, GFCI receptacle, switch, exhaust fan, and associated electrical modifications.
● Install new ADA toilet partition, urinal partition, mirror, grab bars, toilet accessories, door hardware, threshold, and floor stop.

Area 2 – Main Lobby
● Remove existing flooring throughout the main lobby, entry lobby, hallways, kitchen. ● Grind and prepare existing concrete slab for installation of new flooring. ● Install luxury vinyl flooring, vinyl wall base, and new aluminum thresholds. ● Replace 12" x 12" acoustical ceiling tiles and remove and replace 20 designated LED light fixtures.
● Prepare, prime, and paint designated office walls, including CMU and drywall surfaces, and paint existing hollow metal doors and frames.
● Remove and replace upper storefront glazing and associated aluminum framing above the three existing entrance storefronts.
● Apply matching window tint to new and existing storefront glazing. ● Replace roller shades, mirrors, and designated door closers. 1 of 3
Area 3 – Exterior Improvements
● Remove existing building sign and install new custom building signage. ● Install French drain complete with excavation, drain rock, geotextile fabric. ● Install decorative landscape rock, edging, weed barrier, and new shade-tolerant plants. ● Remove and replace ADA pavement striping and curb paint at entrance Area 4 – HVAC
● Perform lockout/tagout (LOTO) procedures prior to beginning work. ● Remove and dispose of the existing blower motor.
● Furnish and install one (1) new blower motor, including new mounting hardware as required.
● Furnish and install new sheet metal ductwork required for the motor replacement. ● Seal and repair existing ductwork and connections using approved duct sealant. ● Replace one (1) non-operational thermostat.
● Restore power to the HVAC unit.
● Start up, test, balance as required, and verify proper operation of the completed system.

Notes:
● Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.
● Price includes all labor (Normal Working Hours - Prevailing Wage), materials, equipment to complete this scope of work.
● Asbestos and Lead Report not included in plans
○ If area is found to be contaminated additional costs to be incurred ● Construction Exclusions:
○ ADA improvements are limited to pavement striping and curb paint only. This proposal excludes modifications to existing sidewalks, curb ramps, accessible routes, grades, and cross-slopes required to achieve ADA compliance. Any required civil improvements to satisfy ADA accessibility requirements shall require further evaluation and be priced separately. All newly installed fixtures and components included within this scope of work, including but not limited to toilets, lavatories, mirrors, grab bars, accessories, and related hardware, shall be installed in accordance with current applicable ADA accessibility requirements. ○ Extensive deterioration of the existing concrete slab, concealed water damage, moisture mitigation, or slab waterproofing is excluded. ○ Existing work areas shall be cleared by the Owner prior to construction. ○ Plumbing work is limited to fixtures and connections serving the renovated restroom. Replacement of existing underground piping, domestic water mains, sanitary sewer mains, or vent systems beyond the immediate work area is excluded.
○ Work not specifically identified within this Detailed Scope of Work is excluded. 2 of 3
CLARIFICATIONS AND EXCLUSIONS:
● Warranty
○ One year warranty against workmanship
○ Manufacturer's warranty varies
● We exclude plans, permits, permit fees, related fees, testing and/or testing fees, inspection fees, survey or survey fees, and engineering fees unless specified above ● We exclude utilities and hazardous or contaminated material ● Construction water, power, and sanitary facilities available on site for MDJ’s use at no cost
● We exclude premium time unless specified above
● We exclude anything not specifically mentioned above
● MDJ reserves the right to review, change, and/or delete any provisions of any prime contract or subcontract, which results from this quotation ● All terms to be net 30 days in full upon receipt of invoice. Interest will be charged at the rate of 2% monthly on the unpaid balance.

BID PRICE: See Price Proposal
All work to be completed in a substantial and workmanlike manner according to standard practices for the sum of See Price Proposal. Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.

Bid price is good for thirty (30) days only.

Any controversy or claim based on, arising out of, or relating to this agreement, or breach thereof, including any claim based on the work performed pursuant to this agreement, shall be submitted to the American Arbitration Association for binding arbitration in accordance with its rules. If any arbitration, legal action is brought to enforce this agreement, or arising out of or relating to the agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees and costs incurred, in addition to any and all other relief to which that party may be entitled.

Submitted by:

Matthew McMillon
President MDJ
310.490.1521
[email protected]
3 of 3

EXHIBIT B
CONTRACTOR’S SOURCEWELL CONTRACT
(Indefinite Delivery-Indefinite Quantity Construction Contract No. CA-R8- GB13-123021-MDJ dated December 6, 2023 between Sourcewell and MDJ Management, LLC; Indefinite Delivery-Indefinite Quantity Construction Contract General Terms and Conditions; and Agreements to Modify and Extend dated November 14, 2024 and October 30, 2025)
Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Page 1 ends

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

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

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

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

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

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

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

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

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

Page 2 ends

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

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

EXHIBIT C
CONTRACT #012-26011073 FOR PUBLIC FACILITIES & IMPROVEMENTS, NORTH SEAL BEACH COMMUNITY CENTER IMPROVEMENTS PHASE 2, BETWEEN OC COMMUNITY RESOURCES AND CITY OF SEAL BEACH (“COUNTY CDBG SUBRECIPIENT AGREEMENT”)

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

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City of Seal Beach
Contract MA 012-26011073
For
Public Facilities & Improvements, North Seal Beach Community Cener Improvements Phase 2
Between
OC Community Resources
And
City of Seal Beach
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
Public Facilities &Improvements, Community Center
Improvements Phase 2

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City of Seal Beach

CONTRACT
MA 012-26011073

BETWEEN

COUNTY OF ORANGE
AND
City of Seal Beach
FOR
Public Facilities & Improvements
North Seal Beach Community Center Improvements Phase 2
This Contract MA 012-26011073 for Public Facilities & Improvements, North Seal Beach Community Center Improvements Phase 2 (Contract) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (“County”), and City of Seal Beach, DUNS #060752607 and Unique Entity ID # J2JWJVWQ8EA6 , a California Municipality, with a place of business at 211 Eighth Street, Seal Beach, CA 90740 (hereinafter referred to as “Subrecipient”), with County and Subrecipient sometimes referred to as “party” or collectively as “parties”.

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work
Attachment B – Payment and Compensation
Attachment C - Budget Schedule
Attachment D - Staffing Plan
Attachment E - Performance Standards
Attachment F – U.S. Department of Housing and Urban Development Office of Community Planning and Development
Federal Award Agreement for Community Development Block Grant Program

RECITALS
WHEREAS, Subrecipient and County are entering into this Contract for Public Facilities & Improvements, North Seal Beach Community Center Improvements Phase 2 under a cost reimbursement Contract that will be funded by Community Development Block Grant funds according to the grant terms in the U.S. Department of Housing and Urban Development Office of Community Planning and Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
MA 012- 26011073
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Improvements Phase 2

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Development Federal Award Agreement for Community Development Block Grant Program (“CDBG Grant Agreement”); and,
WHEREAS, County solicited Contract for Public Facilities & Improvements as set forth herein, and Subrecipient represented that it is qualified to provide Public Facilities & Improvements to the County as further set forth here; and,
WHEREAS, Subrecipient agrees to provide Public Facilities & Improvements to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and
WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as Attachment D; and
WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in attached hereto as Attachment E; and
WHEREAS, Subrecipient agrees to meet the U.S. Department of Housing and Urban Development Office of Community Planning and Development Federal Award Agreement for Community Development Block Grant Program requirements set forth in attached hereto as Attachment F; and WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Public Facilities & Improvements, North Seal Beach Community Center Improvements Phase 2 with the Subrecipient; and,
NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES

GENERAL TERMS AND CONDITIONS

1. Governing Law and Venue:

This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
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Improvements Phase 2

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2. Entire Contract:

This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Procurement Agent or designee.

3. Amendments:

No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

4. Taxes:

Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Subrecipients shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Subrecipient.

5. Delivery:

Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Subrecipient’s expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County.

6. Acceptance Payment:

Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

7. Warranty:

Subrecipient expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
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Improvements Phase 2

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upon Subrecipient’s part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnification section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

8. Patent/Copyright Materials/Proprietary Infringement:

Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

9. Assignment:

The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

10. Non-Discrimination:

In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code.

11. Termination:

In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of Subrecipient. Exercise by County of its right to terminate Contract shall relieve County of all further obligation.

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

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12. Consent to Breach Not Waiver:

No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

13. Independent Contractor:

Subrecipient shall be considered an independent Contractor and neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind through County.

14. Performance Warranty:

Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services furnished by Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors.

15. Changes:

Subrecipient shall make no changes in the work or perform any additional work without County’s specific written approval.

16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests:

Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Subrecipient’s duties and obligations contained in this Contract and complete them to the satisfaction of the County.

Notwithstanding other notice or termination provisions contained herein, County reserves the right to immediately terminate this Contract, as of the date on which the County provides written determination of termination of this Contract under this provision anytime upon or after assignment, in the event that the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services or commodities under this Contract. In the event of an immediate termination under this provision, the Subrecipient shall promptly refund the County an amount equal to the pro rata portion of any charges the County paid in advance for any remaining portion of the Contract after the date of termination. Likewise, the County shall not be liable for payment for any remaining services not yet Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
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Improvements Phase 2

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provided and accepted by the County under this Contract after the date of termination for any payments to be made in arrears pursuant to the terms of the Contract.

17. Force Majeure:

Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies.

18. Confidentiality:

Subrecipient agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient’s staff, agents and employees.

19. Compliance with Laws:

Subrecipient represents, warrants, and covenants that services to be provided under this Contract shall fully comply, at Subrecipient’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, regulations, program requirements, and grant terms including, but not limited to, Attachment F (the CDBG Grant Agreement) that is hereby incorporated herein by reference, and applicable executive orders (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

Subrecipient shall remain in compliance and in good standing, maintaining current and active business entity and/or nonprofit registration status, with all applicable federal, state and local registration requirements at the time of execution of the contract through the duration of the term of the Contract, and shall provide annual confirmation of current and active status to County through the term of the Contract.

20. Freight:

Prior to County’s express acceptance of delivery of products. Subrecipient assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract.

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

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21. Severability:

If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

22. Attorney Fees:

In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses.

23. Interpretation:

This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.

24. Employee Eligibility Verification:

Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Subrecipient shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Subrecipient shall retain all such documentation for all covered employees for the period prescribed by the law. Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Subrecipient or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

25. Audits/Inspections:

Subrecipient agrees to permit County’s Auditor-Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection.

County reserves the right to audit and verify Subrecipient’s records before final payment is made.

Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should Subrecipient cease to exist as a legal entity, Subrecipient’s records pertaining to this Contract shall be forwarded to County’s project manager.

26. Contingency of Funds:

Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.

27. Expenditure Limit:

Subrecipient shall notify County of Orange assigned Deputy Procurement Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued.

28. California Public Records Act:

Subrecipient and County agree and acknowledge that all information and documents related to the award and performance of this Contract may be subject to disclosure pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq. Subrecipient shall not respond to any California Public Records Act request directed at County; all responses shall be handled by County.

INDEMNIFICATION AND INSURANCE PROVISIONS

29. Indemnification
Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract. If judgment is entered against Subrecipient and County by a court Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Subrecipient of any insurance requirements of obligations created elsewhere in this Contract.

30. General Insurance Requirements
Prior to the provision of services under this Contract, the Subrecipient agrees to carry all required insurance at Subrecipient’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Subrecipient agrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract.

Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall be covered under Subrecipient’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Subrecipient through the entirety of this Contract for inspection by County representative(s) at any reasonable time.

All self-insured retentions (SIR)’s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County’s Risk Manager, or designee. The County reserves the right to require current audited financial reports from Subrecipient. If Subrecipient is self-insured, Subrecipient will indemnify the County for any and all claims resulting or arising from Subrecipient’s services in accordance with the indemnity provision stated in this contract.

If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M.

Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Subrecipient shall provide the minimum limits and coverage as set forth below.

Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment.

Subrecipient shall provide thirty (30) days prior written notice to the County of any policy cancellation or non-renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.

Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Subrecipient fails to provide the insurance certificates and endorsements within ten (10) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor.

County expressly retains the right to require Subrecipient to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Subrecipient in writing of changes in the insurance requirements. If Subrecipient does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Subrecipient, and County shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.

31. Commercial General Liability
Minimum limits and coverage
$1,000,000 per occurrence; $2,000,000 aggregate
Required Coverage Forms
The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

A. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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B. A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Subrecipient's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing.

The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).

32. Automobile Liability including coverage for owned, non-owned and hired vehicles Minimum limits and coverage
$1,000,000 per occurence
Required Coverage Forms
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.

33. Workers' Compensation
Minimum limits and coverage
Statutory
Required Endorsements
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees or provide blanket coverage, which will state As Required by Written Contract.

34. Employers Liability Insurance
Minimum limits and coverage
$1,000,000 per accident or disease

35. Network Security & Privacy Liability
Minimum limits and coverage
$1,000,000 per claims-made
Required Endorsements
The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance:

A. An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents, and employees as Additional Insureds for its vicarious liability.

Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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B. A primary and non-contributory endorsement evidencing that the Subrecipient’s insurance is primary, and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

If Subrecipient's Network Security & Privacy Liability is a "Claims-Made" policy, Subrecipient shall agree to the following:

A. The retroactive date must be shown and must be before the date of the contract or the beginning of the Contract services.

B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services.

C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the contract services, Subrecipient must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the Contract.

36. Professional Liability
Minimum limits and coverage
$1,000,000 per claims-made or occurrence; $1,000,000 aggregate Required Endorsements
If Subrecipient's Professional Liability is a "Claims-Made" policy, Subrecipient shall agree to the following:

A. The retroactive date must be shown and must be before the date of the contract or the beginning of the Contract services.

B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services.

37. Sexual Misconduct
Minimum limits and coverage
$1,000,000 per occurrence
Required Endorsements
If Subrecipient's Sexual Misconduct is a "Claims-Made" policy, Subrecipient shall agree to the following:

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A. The retroactive date must be shown and must be before the date of the contract or the beginning of the Contract services.

B. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of Contract services.

38. Employee Dishonesty (Client Coverage)
Minimum limits and coverage
$100,000 per occurence
Required Endorsements
The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the Certificate of Insurance.

ADDITIONAL TERMS AND CONDITIONS

39. Scope of Contract:

This Contract specifies contractual terms and conditions by which County will procure Public Facilities & Improvements from Subrecipient as further detailed in the Scope of Work, identified and incorporated herein by this reference as “Attachment A”.

40. Term of Contract:

The initial term of this Contract shall become effective Wednesday, July 1, 2026 and shall continue for one (1) calendar year, unless otherwise terminated as provided herein. This Contract may be renewed as set forth in Article titled "Renewal" below.

41. Renewal:

This contract shall not be renewed unless otherwise approved by the County Board of Supervisors.

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42. Maximum Obligation:

The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $382,500, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the Budget Schedule, identified and incorporated herein by this reference as Attachment “C”.

43. Adjustments – Scope of Work:

No adjustments made to the Scope of Work will be authorized without prior written approval of County assigned Deputy Procurement Agent (DPA).

44. Amendments - Changes/Extra Work:

The Subrecipient shall make no changes to this Contract without the County’s written consent. In the event that there are new or unforeseen requirements, the County has the discretion with the Subrecipient’s concurrence, to make changes at any time without changing the scope or price of the Contract.

If County-initiated changes or changes in laws or government regulations affect price, the Subrecipient’s ability to deliver services, or the project schedule, the Subrecipient will give County written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Subrecipient was notified of the change. Such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the County-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the County Board of Supervisors. Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set forth or as previously amended in this Contract.

45. Bills and Liens:

Subrecipient shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Subrecipient shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Subrecipient shall promptly procure its release and, in accordance with the requirements of Article “Indemnification” above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto.

46. Breach of Contract:

The failure of Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

A. Terminate Contract immediately, pursuant to the General Terms and Conditions section, "Termination" Article herein;
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B. Afford Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; C. Discontinue payment to the Contactor for and during the period in which Subrecipient is in breach; and
D. Offset against any monies billed by Subrecipient but yet unpaid by County those monies disallowed pursuant to the above.

47. Civil Rights:

Subrecipient attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

48. Conflict of Interest – Subrecipient’s Personnel:

Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Subrecipient, Subrecipient’s officers, directors, employees, agents, and subcontractors associated with accomplishing work and services hereunder. Subrecipient’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County.

Subrecipient shall notify County, in writing, of any potential or actual conflicts of interest between Subrecipient and County that may arise prior to, or during the period of, Contract performance, including, but not limited to, whether any known County public officer’s child is an officer or director of, or has an ownership interest of ten (10) percent or more in, Subrecipient. While Subrecipient will be required to provide this information without prompting from County any time there is a change regarding conflict of interest, Subrecipient must also provide an update to County upon request by County.

49. Conflict of Interest – County Personnel:

County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose.

50. W-9/W-8 Requirements:

Department of the Treasury, Internal Revenue Service Form W-9 Requirement:

Effective June 3, 2006, all Subrecipients, entering into a contract with the County, who are not already established in the County Financial System as an Auditor-Controller Vendor, will be required to submit to Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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the County a federal Form W-9, or form W-8 for foreign vendors. The County will inform the Subrecipient, at the time of award, if the Form W-9, or W-8, will be required.

A. In order to comply with this County requirement, within ten days of notification of selection of award of Contract but prior to official award of Contract, the selected Subrecipient agrees to furnish to the contract administrator, the County DPA, the required W-9 or W-8. Out of State Vendors may be required to submit a 587/590 Form.

51. Subrecipient’s Project Manager and Key Personnel:

Subrecipient shall appoint a Project Manager to direct Subrecipient’s efforts in fulfilling Subrecipient’s obligations under this Contract. This Project Manager shall be subject to approval by County and shall not be changed without the written consent of County’s Project Manager, which consent shall not be unreasonably withheld.

Subrecipient’s Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project time lines. County’s Project Manager shall have the right to require the removal and replacement of Subrecipient’s Project Manager from providing services to County under this Contract. County’s Project manager shall notify Subrecipient in writing of such action.

Subrecipient shall accomplish the removal within five (5) business days after written notice by County’s Project Manager. County’s Project Manager shall review and approve the appointment of the replacement for Subrecipient’s Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under Contract.

52. Subrecipient Personnel – Reference Checks:

Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.

53. Conditions Affecting Work:

Subrecipient shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract.

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54. Data – Title To:

All materials, documents, data or information obtained from County data files or any County medium furnished to Subrecipient in the performance of this Contract will at all times remain the property of County.

Such data or information may not be used or copied for direct or indirect use by Subrecipient after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract.

55. Default – Re-Procurement Costs:

In case of Contract breach by Subrecipient, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Subrecipient will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due Subrecipient. The price paid by County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

56. Licenses:

At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity.

57. Disputes – Contract:

The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient’s Project Manager and the County‘s Project Manager, as specified in Article titled “Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process:

A. The Subrecipient shall submit to the agency/department assigned Deputy Procurement Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision.

B. The Subrecipient’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Subrecipient believes County is liable.

Pending the final resolution of any dispute arising under, related to, or involving this Contract, Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of commodities Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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and/or provision of services. Subrecipient’s failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Procurement Agent or his designee. If County fails to render a decision within 90 days after receipt of Subrecipient’s demand, it shall be deemed a final decision adverse to Subrecipient’s contentions. Nothing in this section shall be construed as affecting County’s right to terminate Contract for cause or termination for convenience as stated in Article "Termination" herein.

58. Drug-Free Workplace:

Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Subrecipient will:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).

B. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

1. The dangers of drug abuse in the workplace;

2. The organization's policy of maintaining a drug-free workplace

3. Any available counseling, rehabilitation and employee assistance programs; and

4. Penalties that may be imposed upon employees for drug abuse violations.

C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:

1. Will receive a copy of the company's drug-free policy statement; and

2. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract.

D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred:

1. Subrecipient has made false certification, or

2. Subrecipient violates the certification by failing to carry out the requirements as noted above.

59. EDD Independent Subrecipient Reporting Requirements:

Effective January 1, 2001, County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom County pays Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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$600 or more or with whom County enters into a contract for $600 or more within a single calendar year.

The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.

The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.”
The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.

Additional information on this reporting requirement can be found at the California Employment Development Department website located at http://www.edd.ca.gov/Employer_Services.htm The failure of Subrecipient to timely submit the requested data shall constitute a material breach and grounds for termination of this Contract.

60. Emergency/Declared Disaster Requirements:

In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Subrecipient shall service County during such an emergency or declared disaster under the same terms and conditions that apply during nonemergency/disaster conditions. The pricing quoted by Subrecipient shall apply to serving County’s needs regardless of the circumstances. If Subrecipient is unable to supply the goods/services under the terms of Contract, then Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from Subrecipient’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Subrecipient shall show both the emergency purchase order number and Contract number.

61. Error and Omissions:

All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary, and Subrecipient shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Subrecipient’s reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient’s reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction.

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62. Equal Employment Opportunity:

Subrecipient shall comply with applicable state and federal regulations as may now exist or be amended in the future. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

63. Non-Supplantation of Funds:

Subrecipient shall not supplant any Federal, State, or County funds intended for the purposes of this Contract with any funds made available under this Contract. Subrecipient shall not claim reimbursement from County for, or apply sums received from County with respect to, that portion of its obligations which have been paid by another source of revenue. Subrecipient agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for the purposes of obtaining Federal, State, or County funds under any Federal, State, or County program without prior written approval from the County.

64. Satisfactory Work:

Services rendered hereunder are to be performed to the written satisfaction of County. County’s staff will interpret all reports and determine the quality, acceptability and progress of the services rendered.

65. Access and Records:

A. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient’s activities, books, documents and papers (including computer records and emails) and to records of Subrecipient’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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and a subcontractor that is pursuant to this Contract shall require the subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Director which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County’s designee, in conducting any audit at the location where said records and books of account are maintained.

B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient’s office or place of business for the duration of this Contract and thereafter for five (5) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the five (5) years until final resolution or disposition of such appeals, litigation, claims, or exceptions.

C. Liability. Subrecipient shall pay to County the full amount of County’s liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient’s failure to perform under this Contract.

66. Headings:

The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and articles, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.

67. Signature in Counterparts:

The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties.

68. Reports/Meetings:

The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this contract. The County’s Project Manager and the Subrecipient’s Project Manager will meet on reasonable notice to discuss the Subrecipient’s performance and progress under this Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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Contract. If requested, the Subrecipient’s Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this Contract.

69. News/Information Release:

Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County’s Project Manager.

70. Precedence:

Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

71. Subcontracting:

No performance of this Contract or any portion thereof may be subcontracted or otherwise delegated by Subrecipient, in whole or in part, without first obtaining the prior express written consent of County. Any attempt by Subrecipient to subcontract or delegate any performance of this Contract without the prior express written consent of County shall be invalid and shall constitute a material breach of this Contract, and any attempted assignment or delegation in derogation of this paragraph shall be void.

In the event that Subrecipient is authorized by County to subcontract, this Contract shall take precedence over the terms of the agreement between Subrecipient and subcontractor, and any agreement between Subrecipient and a subcontractor shall incorporate by reference the terms of this Contract. Subrecipient shall remain responsible for the performance of this Contract and indemnification of County notwithstanding the County’s consent to Subrecipient’s request for approval of a subcontractor. Under no circumstances shall County be required to directly monitor the performance of any subcontractor. All work performed by a subcontractor must be monitored by Subrecipient and must meet the approval of the County of Orange pursuant to the terms of this Contract.

72. Termination – Orderly:

After receipt of a termination notice from County of Orange, Subrecipient may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Subrecipient. Upon termination County agrees to pay Subrecipient for all services performed prior to termination which meet the requirements of Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract.

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73. Usage:

No guarantee is given by County to Subrecipient regarding usage of this Contract. Usage figures, if provided, are approximations. Subrecipient agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested.

74. Usage Reports:

Subrecipient shall submit usage reports on an annual basis to the assigned Deputy Procurement Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable.

75. Project Manager, County:

The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County’s Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient.

The County’s Project Manager shall have the right to require the removal and replacement of the Subrecipient’s Project Manager and key personnel. The County’s Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Subrecipient’s Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient’s Project Manager from providing further services under the Contract.

76. Permits and Licenses:

Subrecipient shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Subrecipient’s obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations.

77. Inventory:

County has an ongoing requirement for the commodities indicated in this Contract. Subrecipient shall maintain a reasonable stock on hand of all commodities for delivery upon request.

78. Order Dates:

Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County.

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79. Notices:

Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties’ Project Managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.

Subrecipient: City of Seal Beach
Attn: TBD
Address: 211 Eighth Street, Seal Beach, CA 90740
Phone: TBD
Email: TBD
County's Project Manager: OC Community Resources
Attn: Francisco Padilla
Address: 1501 E St Andrew Place
Santa Ana, CA 92701
Phone: (714) 480-2996
Email: [email protected]
cc: OC Community Resources/Procurement Services
Attn: Nina Campmas, County DPA
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Address: 601 N. Ross St.

Santa Ana, CA 92701
Phone: (657) 973-6827
Email: [email protected]

80. Ownership of Documents:

The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County.

81. County Branding Requirements – Publicity, Literature, Advertisement and Social Media:

A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County’s name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without County’s prior written consent is expressly prohibited.

B. Contractor may develop and publish information related to this Contract where all of the following conditions are satisfied:

1. Contract Administrator/assigned Deputy Purchasing Agent provides its written approval of the content and publication of the information at least 30 days prior to Contractor publishing the information, unless a different timeframe for approval is agreed upon by the Contract Administrator/assigned Deputy Purchasing Agent;

2. Unless directed otherwise by Contract Administrator/assigned Deputy Purchasing Agent, the information includes a statement that the program, wholly or in part, is funded through County, State and Federal government funds [funds identified as applicable];

3. The information does not give the appearance that the County, its officers, employees, or agencies endorse:
a. any commercial product or service; and,
b. any product or service provided by Contractor, unless approved in writing by Contract Administrator/assigned Deputy Purchasing Agent; and,

4. If Contractor uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Contractor shall develop social media policies and procedures and have them Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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available to the Contract Administrator/assigned Deputy Purchasing Agent. Contractor shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies.

ADDITIONAL TERMS AND CONDITIONS - HUD/CDBG

82. DEBARMENT
Subrecipient certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part 98.

83. LOBBYING
A. Subrecipient shall complete and immediately forward to the County’s Project Manager the “Disclosure of Lobbying Activities" , a copy of which is attached hereto and incorporated herein by this reference, if subrecipient, or any person, firm or corporation acting on Subrecipient’s behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by subrecipient pursuant to this Contract.

B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law.

84. FRAUD
Subrecipient shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County’s Anti-Fraud Program can be accessed through: http://ocgov.com/gov/risk/programs/antifraud.

85. FISCAL ACCOUNTABILITY
A. Financial Management System: Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal control and accounting procedures that will include the following:

1. Information pertaining to the line items as identified in the "Budget Schedule" to this Contract;

2. Source documentation to support accounting records; and

3. Proper charging of costs and cost allocation.

B. Subrecipient’s Record: Subrecipient’s records shall be sufficient to:

1. Permit preparation of required reports;
Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
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2. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds;

3. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; and

4. Permit tracking and reporting of leveraging as required.

C. Costs Charged: Cost shall be charged to this Contract only in accordance with the County and other requirements as required by funding source(s).

86. PERFORMANCE STANDARDS
Subrecipient shall comply with and adhere to the performance accountability standards as described in this Contract and applicable regulations and the activity levels to be utilized by County for program evaluation and monitoring included, but not limited to those listed in the "Performance Standards" attached hereto and incorporated herein by reference.

87. BUDGET SCHEDULE
Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the "Budget Schedule", a copy of which is attached hereto, and which by this reference is incorporated herein and made a part hereof as if fully set forth.

88. PAYMENT REQUIREMENTS
If funding levels are significantly affected by state or federal budget and funds are not allocated and available for the continuance of the function performed by Subrecipient, the Contract may be terminated by the County at the end of the period for which funds are available. The County shall notify Subrecipient at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised and the County shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the County to expend or as involving the County in any Contract or other obligation for future payment of money in excess of appropriations authorized by law.

A. Contract Amount: It is expressly agreed and understood that the total amount to be paid by County under this Contract shall not exceed the total County funding as set forth in the "Payment/Compensation" to Subrecipient attached hereto and incorporated herein by reference.

B. County will reclaim any unused balance of funds for reallocation to other County approved projects.

C. Payment of Project Activities:

1. Payment of Project Activities: County will reimburse Subrecipient for eligible project-related costs only. Subrecipient shall submit requests for reimbursement to County on a monthly basis beginning on August 1, 2026, and must provide adequate documentation as required by County in accordance with the "OC Community Resources Contract Reimbursement Policy" Exhibit, attached hereto and incorporated herein by reference. In addition, Subrecipient will provide a progress Docusign Envelope ID: 476CF896-5996-416A-9DBC-EAE828DC3308 County of Orange
OC Community Resources
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Improvements Phase 2

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Grantee Performance Report (“GPR Information Form”) for the time period covered, as prescribed by County. Failure to provide any of the required documentation and reporting will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation and reporting has been received and approved by County.

2. If Subrecipient has no request for reimbursement during any quarter during the term of this Contract, a GPR Information Form, including and explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement.

3. The following “Required Expenditure Threshold” criteria have been established to guide the Subrecipient in structuring and scheduling their expenditure of funds received through this Contract, through term of Contract. The criteria thresholds are consistent with the criteria used by OC Community Resources to determine performance including, but not limited to, determinations of future award of funds, additional funding requests and/or determinations for the recapture of funding. *Milestone Date Minimum Required Expenditure Threshold
January 15, 2027 50% of Contracted Amount Expended
February 15, 2027 70% of Contracted Amount Expended
March 15, 2027 80% of Contracted Amount Expended
June 30, 2027 100% of Contracted Amount Expended
Failure to achieve at least the aforementioned 50% drawdown, without extenuating circumstances, may cause any remaining balance in this Contract to be reclaimed by County, and will negatively affect future funding to Subrecipient. Failure to achieve the aforementioned 80% drawdown goal, without written exception approved by the Director, may cause any remaining balance in this Contract to be reclaimed by County, and will impact future funding to Subrecipient.

4. In addition to the “Required Expenditure Threshold” milestones listed above, PF&I projects must complete the design of the project by September 30th and solicitation process by November 15th of the program year, or the Subrecipient will not be eligible for a new award for one year. If a project’s performance does not satisfy the Required Expenditure Threshold milestones and other deadlines above, the County will have the right to cancel all, or a portion of, the Contract, and recapture the remaining funds from Recipient by sending a written request for repayment to Subrecipient, and allocate such funds to other performing projects. In the event Subrecipient fails to satisfy the Required Expenditure Threshold milestones and other deadlines above, Subrecipient shall promptly repay all unexpended funds to the County within 30 days of receipt of the County’s written request for repayment.5. Subrecipient will have forty-five (45) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period. After the forty-five (45) day period for submitting invoices has expired, County shall reallocate the remaining balance under this Contract for other program purposes and Subrecipient shall be ineligible for any further reimbursement.

D. Funds shall not be disbursed for any costs incurred prior to the certification by County and/or HUD of Certificate(s) of Insurance as further defined in the “Insurance Requirements” Paragraph of this Contract.

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

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E. Eligible costs related to services provided by Subrecipient must be incurred during the period beginning July 1, 2026. The Project shall be completed, and all funds provided through this Contract shall be expended on eligible Project activities through and including June 30, 2027.

1. Public Facilities & Improvements Contracts.
a. Subrecipient may be eligible to request additional funding up to the maximum set forth as identified in County policy if Subrecipient meets or exceeds any one of the Minimum Required Expenditure Thresholds at 50%, 70% or 80% on or prior to the milestone date as set forth in the " Payment Requirements" Paragraph of this Contract. b. If additional funding is available for allocation to Subrecipient, and the basic goals and objectives of the program are not altered, Subrecipient and County shall amend the Subrecipient Scope of Services component of this Contract. Furthermore, Subrecipient shall demonstrate to the satisfaction of County that the required Performance Expenditure and Accomplishment Thresholds set forth in the " Performance" Paragraph will continue to be met before such extension and additional allocation shall be granted.

2. Contract Extension (No Cost Extension)
a The term of this Contract and the provisions herein may be extended to cover an additional time period as specified herein.
b The date for Project completion, the term of the Contract, and expenditure of all funds may be extended by the Director without further action by the Board as identified in County policy.

Subrecipient must notify the Director in writing 45 days prior to June 30, 2027, to request an extension. For all extensions, the deadline for submittal of invoices shall be forty-five (45) days after the new expiration date.
c Contract extension provisions are not applicable to program administration activities.

3. Public Services Contracts cannot be extended.

F. County and Participating Cities previously entered into a Cooperation Agreement effective July 1, 2025 as amended, in which both Parties agreed to cooperate in the undertaking, or assist in the undertaking, of community development and housing assistance activities.

G. Metropolitan Cities with populations of over 50,000, are eligible to participate in the Community Planning and Development (“CPD”) program funds directly from HUD and have opted to participate in the CPD programs through the County’s Urban County Program as a metropolitan city.

89. MODIFICATION OF BUDGET
Upon written approval of County, Subrecipient shall have the authority to transfer allocated program funds from one category of the overall program Budget to another category of the overall Budget. No such transfer may be made without the express prior written approval of County. A modification of the Budget may include the addition of any new Budget category.

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

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90. ANNUAL AUDIT
If Subrecipient expends Federal funds in a fiscal year which equal or exceed $1,000,000 (one million dollars) as specified in 2 CFR Part 200.500- Subpart F-Audit Requirements, Subrecipient shall cause an audit to be prepared by a Certified Public Accountant (“CPA”) who is a member in good standing with the American Institute of Certified Public Accountants (“AICPA”) of the California Society of CPA’s. The audit must be performed annually in accordance with Generally Accepted Auditing Standards (“GAAS”) authorized by the AICPA and Federal laws and regulations governing the programs in which it participates.

Furthermore, County retains the right to require Subrecipient to submit similarly prepared audit at Subrecipient’s expense even in instances when Subrecipient’s expenditure is less than $1,000,000. Subrecipient will be required to identify corrective action taken in response to any findings identified by CPA related to their funded activity or program.

Subrecipient will ensure an annual financial audit is performed in compliance with the Federal Single Audit Act and will submit two (2) copies of such audit report, including a copy of the management letter, to County within six (6) months of the end of each Contract year in which Subrecipient has received federal funding (i.e., July 1 – June 30). Failure to meet this requirement may result in County denying reimbursement of funds to Subrecipient, as well as future funding qualification. Subrecipients, which are exempt from statutory audit requirements, shall maintain records, which are available for review by County or Federal officials. Subrecipient acknowledges that any and all “Financial Statements” submitted to County pursuant to this Contract become public records and are subject to public inspection pursuant to the California Public Records Act (Section 6250 et seq. of the California Government).

91. UEI AND D-U-N-S NUMBERS AND RELATED INFORMATION
UEI and D-U-N-S Numbers: A unique, non-indicative 12-and 9 digit identifiers issued and maintained by SAM.gov and the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The UEI and DU-N-S Numbers are needed to coordinate with the System for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov
The UEI and D-U-N-S Numbers must be provided to County prior to the execution of this Contract.

Subrecipient shall ensure all UEI and D-U-N-S information is up to date and the UEI and D-U-N-S Numbers status is “active,” prior to execution of this Contract. If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accountability and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required.

If County cannot access the Subrecipient’s UEI and D-U-N-S information related to this federal sub award on the Federal Funding Accounting and Transparency Act Sub Award Reporting System (SAM.GOV) due to errors in the Subrecipient’s data entry for its UEI and D-U-N-S Numbers, the Subrecipient must immediately update the information as required.

The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract.

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

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92. PROGRAM INCOME
A. Subrecipient shall comply with regulations, as well as all applicable State or County regulations concerning the reporting and payment procedures for program income.

B. Definition: “Program Income” means, as provided by 24 CFR § 570.504, gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period.

C. Use. The Subrecipient shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Contract.

D. All Program Income accrued shall be returned to County on a quarterly basis prior to Subrecipient receiving any reimbursement from grant funds provided under this Contract.

E. Subrecipient shall provide information of the receipt of Program Income by Subrecipient related to this Contract on all GPR Information Forms submitted with requests for reimbursement.

F. Subrecipient shall complete and submit a Year-End Program Income letter, indicating amount of Program Income and include any reimbursement remittance necessitated therein, by July 15, after the close of the Contract fiscal year.

93. PERFORMANCE
A. Subrecipient shall provide the oversight, administration, and project management necessary to accomplish all contracted activities in a timely manner. Subrecipient also agrees to comply with all applicable Federal, State, and local laws and regulations, executive orders, and CDBG Grant Agreement terms governing the funds provided under this Contract.

B. Subrecipient shall comply with all applicable HUD regulations, as described in the “Federal Administrative and Related Requirements” Paragraph of this Contract, concerning administrative requirements and maintain records as to services provided and total number of persons served through the project, including but not limited to, population-served analysis (i.e., extremely-low income persons, very-low income persons, and low-income persons as defined by HUD). Such information shall be available for periodic monitoring by representatives of County or HUD and shall be submitted by Subrecipient in report form to County by dates specified by County.

C. The following “Performance Threshold” criteria shall be used to assess the level of performance of the Subrecipient, including the "Scope of Services", attached hereto and incorporated herein by reference. Furthermore, the criteria will be considered by OC Community Resources when determining future funding. In order to be considered in compliance with the performance threshold criteria, the Subrecipient must, on or before the required milestone date, submit to OC Community Resources a request for reimbursement which demonstrates that Subrecipient has expended funds and met their proposed accomplishment goals at the required levels, unless exempted in writing by the County.

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

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Seal Beach City CouncilSeptember 28, 2026

Seal Beach City Council
September 28, 2026