Agoura Hills City Council
May 27, 2026

AGENDA

REGULAR MEETING

AGOURA HILLS CITY COUNCIL
Civic Center - Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, May 27, 2026
6:00 PM
Please silence all cell phones and other electronic devices during the meeting.

ATTEND OR WATCH THE MEETING
For in-person attendance, the Council Chambers will open to the public at 5:30 p.m. To watch the live stream or archived meeting, visit the City's website at agourahillscity.gov and click the dark green “Watch Meetings” button under Quick Links or search “Agoura Hills City Council” on YouTube and select the meeting by date,

PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comments in person in the Council Chambers Members of the public may attend the meeting in person in the Council Chambers and speak or submit written comments on any item listed on the Agenda. To speak, complete a Speaker’s Card for each item and submit it to the City Clerk before the public comment period of that item. Public testimony is limited to three (3) minutes per speaker and a speaker's time may not be transferred to another speaker. Written comments submitted by individuals at the meeting may not be read aloud by another speaker nor will be read aloud by the City.

Option B: To submit written public comments prior to the meeting Members of the public may submit written comments on any item listed on the Agenda. To ensure the City Council has time to review and/or consider the information prior to the meeting, please include the item number or topic in the subject line and email [email protected] by 4:00 p.m. on the meeting date. Public comments are not read into the record by the City. Any comments submitted after the deadline may not be considered during the City Council’s deliberations or included in the official record. However, the public may attend the meeting to make or submit comments in person.

CALL TO ORDER

LAND ACKNOWLEDGEMENT

PLEDGE OF ALLEGIANCE

ROLL CALL
Mayor Jeremy Wolf
Mayor Pro Tem Deborah Klein Lopez
Councilmember Kate Anderson
Councilmember Chris Anstead
Councilmember Penny Sylvester

REPORT OF CLOSED SESSION

APPROVAL OF AGENDA

PRESENTATIONS
Business of the Month - Presentation to RMS Printing
Presentation from California Association of Public Information Officials (CAPIO)

INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, AND DEPARTMENTAL REPORTS Las Virgenes/Malibu Council of Governments Update
Santa Monica Mountains Conservancy Advisory Committee Update

PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)

CONSENT CALENDAR
(Items on the Consent Calendar may be approved by a single motion and vote. Unless pulled by the City Council, there will be no separate discussion of these items. This section is reserved for persons wishing to address items on the Consent Calendar. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)

1. Approve the Minutes of the Regular City Council Meeting of May 13, 2026 RECOMMENDATION: Approve the Minutes, as presented.

2. Approve Demand Warrant Register No. 952
RECOMMENDATION: Approve Demand Warrant Register No. 952.

3. Approve Award of Design-Build Contract, to SitelogIQ, Inc., for the Civic Center Microgrid Project RECOMMENDATION: Approve Award of Design-Build Contract, to SitelogIQ, Inc., for the Civic Center Microgrid Project.

4. Approve Award of Four (4) Agreements for Contractor Services for Consultant and On-Call Environmental Services to: 1) Dudek; 2) Envicom Corporation; 3) FirstCarbon Solutions; and, 4) SWCA Incorporated RECOMMENDATION: Approve Award of Four (4) Agreements for Contractor Services for Consultant and OnCall Environmental Services to: 1) Dudek; 2) Envicom Corporation; 3) FirstCarbon Solutions; and, 4) SWCA Incorporated.

PUBLIC HEARING
(This section is reserved for persons wishing to address items listed under Public Hearing. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)

5. Conduct a Public Hearing to Consider Adopting: 1) A Resolution Certifying and Adopting the Final Programmatic Environmental Impact Report (SCH No. 2025010338) for the Bicycle Master Plan, Vehicle Miles Traveled Mitigation Exchange and Banking Program, and General Plan Amendments (Case No. PZ-2026-61- GPA), and Adopting the Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; 2) A Resolution Adopting the Bicycle Master Plan; and 3) A Resolution Adopting a General Plan Amendment, amending Chapter 3: Infrastructure and Community Services, with Textual Revisions to Reference and Maintain Consistency with the Bicycle Master Plan, and to Revise General Plan Bikeways Exhibit (Figure M-7) to Provide an Updated Overview of the Bicycle Network within the City RECOMMENDATION: Adopt: 1) Resolution No. 26-2130; A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AGOURA HILLS, CALIFORNIA CERTIFYING AND ADOPTING THE FINAL PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT (SCH NO. 2025010338) FOR THE BICYCLE MASTER PLAN,

VEHICLE MILES TRAVELED MITIGATION EXCHANGE AND BANKING PROGRAM, AND GENERAL PLAN AMENDMENTS (CASE NO. PZ-2026-61-GPA), AND ADOPTING THE FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS, AND MONITORING AND REPORTING PROGRAM, 2) Resolution No. 26-2131; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA, ADOPTING THE CITY OF AGOURA HILLS BICYCLE MASTER PLAN, and Resolution No. 26- 2132; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT (CASE NO. PZ-2026-61-GPA), AMENDING CHAPTER 3:

INFRASTRUCTURE AND COMMUNITY SERVICES, WITH TEXTUAL REVISIONS TO REFERENCE AND

MAINTAIN CONSISTENCY WITH THE BICYCLE MASTER PLAN, AND AMENDING THE GENERAL PLAN BIKEWAYS EXHIBIT (FIGURE M-7) TO PROVIDE AN UPDATED OVERVIEW OF THE BICYCLE NETWORK WITHIN THE CITY.

DISCUSSION / ACTION
(This section is reserved for persons wishing to address items listed under Discussion / Action. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)

6. Conduct a Prescreen Review of a Proposed Sign Ordinance Amendment RECOMMENDATION: Review the proposed Sign Ordinance amendment and provide non-binding feedback to the Applicant.

7. Discussion to Consider Approval of Community Wildfire Protection Plan (CWPP) RECOMMENDATION: 1) Approve the Community Wildfire Protection Plan (CWPP); and 2) Authorize staff to implement the strategies, priorities, and recommendations identified within the CWPP, as funding becomes available and based on future City Council direction and priorities.

8. Update on Solid Waste Franchise Agreement Discussions with Waste Management (WM) RECOMMENDATION: 1) Direct Staff to Prepare a Successor Franchise Agreement with WM, or 2) Direct Staff to Initiate a Request for Proposals (RFP) Process, or 3) Direct Staff to Prepare an RFP While Concurrently Continuing Discussions with WM.

9. Discussion to Consider Options Regarding the ABOP (Anti-freeze, Batteries, Oil, Paint) Solid Waste Program RECOMMENDATION: Discuss and provide direction on whether to continue or discontinue the City's ABOP program beyond the expiration of the current agreement through June 30, 2026.

CITY COUNCIL, STAFF COMMENTS

ADJOURNMENT
The next Regular City Council Meeting will be held at 6:00 p.m., on June 10, 2026, in the Council Chambers of the Civic Center. The Civic Center is located at 30001 Ladyface Court, Agoura Hills, California.

In accordance with the Americans with Disabilities Act, if you require special assistance to participate in a City Council meeting or to access other services offered by the City of Agoura Hills, please contact the City Clerk’s Office at (818) 597-7300. To ensure that reasonable arrangements can be made to provide appropriate access, please provide notification at least 48 hours in advance of the meeting or time when services are needed.

Copies of staff reports or other written documentation related to each item of business on this Agenda are available on the City’s website at agourahillscity.gov and are on file in the Office of the City Clerk, Kimberly M. Rodrigues, at Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.

The telecast of Regular City Council Meeting held on Wednesday, May 27, 2026 will be broadcast on Channel 10 for Time Warner Cable subscribers and Channel 3 for Charter subscribers and air daily until the next regularly scheduled City Council meeting. The broadcast schedule is as follows: M-10a m; T-3pm; W-10am; Th-7pm; F10am; S-3pm; and Su-7pm.

Date Posted: May 22, 2026

REPORT TO CITY COUNCIL
DATE: MAY 27, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: KIMBERLY RODRIGUES, CITY CLERK
SUBJECT: APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 13, 2026

RECOMMENDATION
Approve the Minutes, as presented.

Attachments
CC Minutes 051326.pdf

MINUTES

REGULAR MEETING

AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, May 13, 2026
6:00 p.m.

The City Council meeting was called to order at 6:00 p.m. by Mayor Wolf.

The Pledge of Allegiance was led by Cub Scout Pack 227.

Present were: Mayor Jeremy Wolf, Mayor Pro Tem Deborah Klein Lopez, Councilmember Kate Anderson, Councilmember Anstead, and Councilmember Penny Sylvester.

Also Present were: City Manager Nathan Hamburger, City Attorney Candice K.

Lee, Community Development Director Robby Nesovic, Senior Planner Angela Georgeff, Associate Planner Eric Wang,
Director of Public Works/City Engineer Charmaine Yambao, Consultant Traffic Engineer Matt Stewart, Kimley-Horn & Associates Engineering Consultant Sri Chakravarthy, Deputy City Manager Louis Celaya, Building Official Lukas Quach, Director of Finance Diego Ibañez, and City Clerk Kimberly M.

Rodrigues.

REPORT OF CLOSED SESSION
No Closed Session was held.

APPROVAL OF AGENDA
ACTION: Councilmember Sylvester moved to approve the Agenda, as presented. Councilmember Anderson seconded. The motion carried 5-0, by the following roll call vote:

AYES: Mayor Wolf, Mayor Pro Tem Klein Lopez, and
Councilmembers Anderson, Anstead, and Sylvester.

NOES: None.

ABSTAIN: None.

ABSENT: None.

PRESENTATIONS
There were no presentations.

City Council Regular Meeting Minutes
Wednesday, May 13, 2026

INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL

REPORTS
Mayor Pro Tem Klein Lopez noted there was no Clean Power Alliance (CPA) Update this evening, as the meeting was postponed to tomorrow.

Councilmember Sylvester reported she and Councilmember Anderson had attended both the UCLA Symposium on Urban Firestorms: Risk and Resilience and the Regional Firewise Leader Workshop held last week and announced the upcoming Fire Safe Festival this Saturday from 10:00 a.m. to 1:00 p.m. at the Wildlife Learning Center at Tapia Park in Malibu Canyon and encouraged everyone to attend.

PUBLIC COMMENTS
Mayor Wolf deferred to City Attorney Lee who announced: “I wanted to provide a friendly reminder to everyone that tonight’s Agenda includes separate opportunities for public comment. As the Mayor will explain in a moment, the next portion of the meeting is reserved for comments on items not on the City Council’s meeting Agenda this evening, but within the City Council’s jurisdiction. The City Council will later conduct a Public Hearing on Agenda Item No. 6, related to the evacuation analysis. If you wish to comment specifically on Item No. 6, regarding the evacuation analysis, please wait until that item is called. Note that comments presented during the Public Hearing for Item No. 6 must relate specifically to to that item. If you provide comments on that item during the general public comment period, you will not have another opportunity to speak again during the Public Hearing.”
Following distribution of the Agenda Packet, and prior to the City Council meeting, written correspondence was received from the following person(s), forwarded to the City Council, and made available for public review:

Steve Jacobsen, Agoura Hills
Robyn and Don Karr
Patrick Murray, Agoura Hills
Linda Brenden, Agoura Hills
Chris Cumbo
Gary and Joanne Wasserman, Oak Park
Elizabeth Moore, Agoura Hills

CONSENT CALENDAR
No public comments were received.

ACTION: Councilmember Anstead moved to approve Consent Calendar Item Nos. 1-5, as presented. Councilmember Anderson seconded. The motion carried 5-0, by the following roll call vote:

AYES: Mayor Wolf, Mayor Pro Tem Klein Lopez, and
Councilmembers Anderson, Anstead, and Sylvester.

NOES: None.

City Council Regular Meeting Minutes
Wednesday, May 13, 2026

ABSTAIN: None.

ABSENT: None.

1. Approve Minutes of the Regular City Council Meeting of April 22, 2026

2. Approve Demand Warrant Register No. 951

3. Approve One-Year Agreement Extensions, with Burear Veritas N.A., Inc., and m6 Consulting, Inc., for Plan Review and Inspection Services

4. Approve Design Professional Consultant Services Agreement, with m6 Consulting, Inc., for Construction Engineering Services Related to the Low Flow Storm Drain Diversion Project

5. Approve Agreement for Contractor Services, with Ray-Mac Painting, Inc., for Painting Services at Morrison Park

PUBLIC HEARING

6. Conduct a Public Hearing to Consider the Adoption of a Resolution Approving a General Plan Amendment to Revise the Table of Contents and the Safety Element (Chapter 5, Community Safety) with the Updated Multi- Jurisdictional Hazard Mitigation Plan, the Adopted Evacuation Plan, and the Updated Evacuation Analysis (Case No. GPA-2024-0007) and Make Findings of Exemption Under the California Environmental Quality Act
Mayor Wolf deferred to City Attorney Lee who announced: “Thank you, Mayor.

Before we begin this item, I want to clarify that according to California law, which is the Brown Act, the City Council is limited to discussing only those matters that appear on tonight’s Agenda and cannot address unrelated topics. This means for Item No. 6, the Council will be discussing only the Evacuation Analysis and related revisions to the Safety Element. Thank you.”
Mayor Wolf opened the Public Hearing at 6:15 p.m.

Following presentation of the staff report, and a question-and-answer period of staff, Mayor Wolf deferred to City Attorney Lee who announced, “Thank you, Mayor. We do have a lot of public commenters this evening so I want to make a couple of notes to help things move along so that everyone has an opportunity to speak within a reasonable timeframe. When you are addressing the Council, please direct all your comments to the Mayor and the Councilmembers via the microphone; this way everyone can hear your comments. If we have random comments from the audience, not everyone can hear, certainly people on tv or in the overflow room are not able to hear you, so please direct your comments to the Council via the microphone. Also, this portion of the meeting is intended for the Council to receive public comment on the evacuation analysis and the Councilmembers will not engage in conversation with speakers, again, that will lengthen the time. What we are trying to do is make sure as many people are heard City Council Regular Meeting Minutes
Wednesday, May 13, 2026

tonight, if you could just keep that in mind. And, I know I’ve repeated this multiple times, but, again, for the benefit of people in tv land and also in the overflow room, Council can only discuss the items listed on tonight’s Agenda and they cannot discuss other unrelated items, that I think there are many residents that are legitimately concerned about, but we’re only allowed to talk about the evacuation analysis at this time so please ensure that your comments are related to, specifically, the evacuation analysis and any related amendments to the Safety Element at this time. Thank you so much.”
Mayor Wolf opened the floor for public testimony.

Following distribution of the Agenda Packet, and prior to the City Council meeting, written correspondence was received from the following person(s), forwarded to the City Council, and made available for public review:

Residents from Agoura Hills:

Sandy Toutz
Roberta Damiano
Christine Dale (2)
Patricia Aloi (2)
Steve Lee
Meredith O’Brien
Sandy Stivers
Chris Stivers (3)
Kira Krukowski
Nick J. Virzi
Robert Patton
Craig Reardon and Nancy Nee
Patricia M. Miller
Pat MacGregor
Joanne Ventresca (2)
Hilary Waldinger
Richard Marks
Nancy Loporchio
Floyd Crump
Frank Greico
Ron Squires
Marilyn Spiegel
Ken and Michelle Frazier
Sandra Matthew
Caren Levin (2)
Jackie LaCombe
Nona Green
Laura Beth Heisen
Gary R. Buzza
Amy Rippee
Jay Crutcher
Christine Richardson
City Council Regular Meeting Minutes
Wednesday, May 13, 2026

Chris G.

Gary and Pat Mackenzie
Rae Greulich
Tara Farkash
Mary Wiesbrock, Agoura Hills, representing Save Open Space Heleen Klein
Mary Ann Rush
Jess Thomas, Agoura Hills, representing Old Agoura Homeowners Paria Sheibani 2)
Steve Littlejohn
William Margolin (2)
Resident from Agoura:

Grant A. Bitter, Ph.D.

Residents from Cornell:

Jean Klein
Theresa Cavalleri
Jason R. Sanders, Venskus & Associates A.P.C., representing Protectors and Residents in the Santa Monica Mountains
Residents from Oak Park:

Connie Feick
Iris Rozov
Miriam Gluzer
Jim Shahan
Judith Jasperson
Place of Residence not Provided:

Jason Blatt
Judy Rifkin
Russell and Barbara Stone
Eva Larson
Rami Brosh
Bernice Hayden
Garrett Williams
Heidi Algie
Hunter G.

Yvonne Hatherill
Melissa Marks
Marlene Williams
Cindy Bright
Jacqueline Tobin
The following person submitted a written public comment:

Gerald N. Silver, Old Agoura
City Council Regular Meeting Minutes
Wednesday, May 13, 2026

The following person(s) spoke:

Cindy Larson, Old Agoura
Mary Wiesbrock, Agoura Hills, representing Save Open Space (submitted documents)
Carolyn Cass-Barton, Oak Park
Steve Goldman, Agoura
Robert Weinstein, Agoura Hills (submitted documents)
Colleen Holmes, representing Cornell Preservation Organization Ron Troncatty, Agoura Hills
Lorraine Crawford, Agoura Hills
Steven Lloyd, Agoura
Gerald Cusanovich, Agoura
Yvonne Hatherill, Agoura
Jay Crutcher, Agoura
Dawn Hummer, Agoura Hills
Dr. Elizabeth Kolve, Agoura Hills
Rae Greulich
Morgan McGraw, Agoura Hills
Tony Wertenbruch
Cyrena Nouzille, Agoura Hills
Shannon Toma, Agoura Hills
Shannon Gem
Taryn Braband, Agoura
Rachel Spalding, Agoura Hills
Matt Shaw, Agoura Hills
Loreto Estridge, Agoura Hills
The City Council recessed at 8:27 p.m. and reconvened at 8:40 p.m.

Following the break, Mayor Wolf resumed the public testimony period.

Kirk Allegro, Agoura Hills
Larkin McLean-Schultz
Michael Held, Agoura Hills
Regan Luithly
Pat Henkel, representing Malibu Lake H.O.A.

There being no further public comment or any further questions from the City Council, Mayor Wolf closed the Public Hearing at 9:00 p.m.

Following deliberations, Mayor Wolf called for a motion and second to approve the staff recommendation to adopt Resolution No. 26-2129; A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA,

APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE SAFETY
ELEMENT (CHAPTER 5, COMMUNITY SAFETY) TO INCLUDE AN UPDATED EVACUATION ANALYSIS, EVACUATION PLAN, AND THE UPDATED 2024

MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN, AND REVISE THE

TABLE OF CONTENTS ACCORDINGLY, AND MAKE OTHER MINOR TEXTUAL City Council Regular Meeting Minutes
Wednesday, May 13, 2026

REVISIONS TO THE SAFETY ELEMENT (CASE NO. GPA2024-0007), AND

MAKE FINDINGS OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

ACTION: Councilmember Sylvester moved to approve the staff recommendation. Mayor Pro Tem Klein Lopez seconded. The motion carried 5-0, by the following roll call vote:

AYES: Mayor Wolf, Mayor Pro Tem Klein Lopez, and
Councilmembers Anderson, Anstead, and Sylvester.

NOES: None.

ABSTAIN: None.

ABSENT: None.

The City Council recessed at 9:33 p.m. and reconvened at 9:44 p.m.

DISCUSSION

7. Consider Supporting the Las Virgenes-Malibu Council of Governments Letter of Opposition to Proposed Changes to the Metro Board of Directors Following presentation of the staff report, and a question-and-answer period of staff, Mayor Wolf opened the floor for public comment.

No public comment was received.

Following deliberations, Mayor Wolf called for a motion and second to approve the staff recommendation.

MOTION: Councilmember Sylvester moved to approve the staff recommendation. Councilmember Anderson seconded.

Mayor Wolf clarified and called for a motion and second to approve Option No. 1.

ACTION: Councilmember Sylvester amended the motion “to approve sending the letter.” Councilmember Anderson seconded. The motion carried 5-0, by the following roll call vote:

AYES: Mayor Wolf, Mayor Pro Tem Klein Lopez, and
Councilmembers Anderson, Anstead, and Sylvester.

NOES: None.

ABSTAIN: None.

ABSENT: None.

City Council Regular Meeting Minutes
Wednesday, May 13, 2026

CITY COUNCIL, STAFF COMMENTS
City Manager Hamburger announced the Morrison Park Inclusive Play Area ribboncutting ceremony would be held this Saturday from 11:00 a.m. to 1:00 p.m. and invited the community to attend.

Councilmember Sylvester reported attending the City’s Senior Expo and luncheon.

Councilmember Anstead thanked staff for their presentation and responses to Council questions.

Mayor Wolf expressed appreciation for the City Council’s dedication and service to the City of Agoura Hills and the surrounding areas, stating he was “incredibly proud” to serve alongside the Council, and acknowledged their tireless work to protect the residents and the region.

ADJOURNMENT
At 9:57 p.m., Mayor Wolf announced the next Regular City Council Meeting was scheduled for 6:00 p.m., on Wednesday, May 27, 2026, in the Council Chambers of the Civic Center, and adjourned the meeting.

Kimberly M. Rodrigues, MPPA, MMC
City Clerk

REPORT TO CITY COUNCIL
DATE: MAY 27, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: ALEJANDRA KINCHELOE, ACCOUNTING SPECIALIST
SUBJECT: APPROVE DEMAND WARRANT REGISTER NO. 952
Demand Warrant Register No. 952 is hereby submitted for your approval.

FISCAL IMPACT
All items on the Demand Warrant Register are budgeted items; and all the items, when aggregated and annualized, are found to be within budget.

RECOMMENDATION
It is recommended the City Council approve Demand Warrant Register No. 952.

Attachments
DWR 952.pdf

REPORT TO CITY COUNCIL
DATE: MAY 27, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: RAMIRO ADEVA, ASSISTANT CITY MANAGER
SUBJECT:

APPROVE AWARD OF DESIGN-BUILD CONTRACT, TO SITELOGIQ, INC., FOR THE CIVIC CENTER

MICROGRID PROJECT
In early May 2026, the City’s selection panel for the Agoura Hills Civic Center Microgrid Project selected SitelogIQ, Inc. as the preferred design-build firm to complete the project. The selection followed an extensive competitive solicitation process that included separate Statement of Qualifications (SOQ) and Request for Proposals (RFP) phases designed to evaluate firm qualifications, technical expertise, project approach, federal compliance capabilities, and overall cost effectiveness. Pending City Council approval of the contract award, work on the project will begin immediately, with final completion and project close-out anticipated for September 2027.

The Agoura Hills Civic Center serves as a critical hub for municipal operations, public services, emergency coordination, and community access. The Civic Center houses City Hall functions as well as a branch of the Los Angeles County public library system. During emergency conditions such as wildfires, earthquakes, flooding incidents, and Public Safety Power Shutoff (PSPS) events, portions of the Civic Center may be activated to support Emergency Operations Center (EOC) functions and continuity of essential government operations.

To enhance the City’s emergency preparedness capabilities and improve energy resiliency, the City initiated the Agoura Hills Civic Center Microgrid Project. The proposed project includes the design and construction of a resilient solar-powered microgrid system at the Agoura Hills Civic Center. The system will include solar photovoltaic (PV) generation, a battery energy storage system (BESS), microgrid controls, energy management systems, and associated electrical infrastructure necessary to support continued operation of essential Civic Center functions during utility outages.

In accordance with federal funding requirements, the City conducted a comprehensive multi-step procurement process as follows:

January 16, 2026 – Release of Statement of Qualifications (SOQ) February 13, 2026 – SOQ Submittal Deadline
February 16-18, 2026 – Evaluation of SOQ Submittals (Only pre-qualified firms were allowed to participate in the subsequent RFP process)
February 19, 2026 – Release of Request for Proposals (RFP) to prequalified firms March 10, 2026 – Mandatory Pre-Bid Meeting / Site Walk
April 16, 2026 – RFP Submittal Deadline
April 20-22, 2026 – Evaluation Committee Review and Shortlist April 29-30, 2026 – Interviews / Follow-Up Discussions with Shortlisted firms May 4-5, 2026 – Final Ranking and Selection
May 11-15, 2026 - Contract Discussions with Selected Firm and Council Mtg Prep May 27, 2027 - Contract Award
On April 16, 2026, the City received proposals from the following seven (7) pre-qualified firms (listed in alphabetical order):

Company Cost
ABM Building Solutions, LLC.

Option 1: $9.3M (Full Facility; All loads)
Option 2: $5.2M (Full Facility; Only critical loads)
Electric Service & Supply Co. (ESSCO) $3.3M
Encored Inc. $3.23M
Gridscape Solutions Inc. Disqualifed. No Class A license.

Pacific Solar
Disqualified. Did not attend mandatory pre-bid
meeting.

SitelogIQ, Inc.

Option 1: $2.6M (City Hall only; not entire Civic Center) Option 2: $3.3M (Full Facility)
Staten Solar Corporation $2.8M
Based on the strength and overall quality of the proposals received, the following four firms were selected to advance to the oral interview phase of the evaluation process:

ABM Building Solutions, LLC
Gridscape Solutions Inc.

SitelogIQ, Inc.

Staten Solar Corporation
Following an extensive proposal review and interview process, the selection panel was unanimous in choosing SitelogIQ, Inc.

The project is being delivered using a Design-Build delivery model, under which SitelogIQ, Inc. assumes responsibility for project design, coordination, constructability, schedule management, permitting, construction, commissioning, and system performance. This approach provides the City with a single point of accountability and is intended to improve coordination and accelerate implementation within the federally mandated project timeline, which in the City's case is project completion by September 11, 2027.

Typically, this delivery method is intended to save time and, in doing so, save on overall project costs. That said, design-build contracts carry a degree of cost-variability risk in progressive design development, material procurement, market conditions, and final system configuration, all of which can influence the ultimate project cost as design details evolve throughout the project schedule. Staff will work alongside SitelogIQ, Inc. to closely monitor project costs, budget performance, and funding availability throughout all phases of the project to ensure responsible fiscal oversight. Should additional funding discussions become necessary at any point during project implementation, City staff will work collaboratively with SitelogIQ, Inc. and Cal OES staff administering the federal funding to evaluate available options and identify practical solutions that allow the project to continue moving forward in a manner that remains aligned with the project budget and the City’s core resiliency objectives.

The proposed contract amount submitted by SitelogIQ, Inc. is $3,319,673.

As part of its proposal, SitelogIQ, Inc. also identified potential Inflation Reduction Act (IRA) incentive opportunities, or incentive tax credits (ITC), of up to $940,700, that may help offset eligible project costs upon project completion.

The exact amount of IRA incentive credits is yet to be determined since that will be calculated and reimbursed at project completion.

Additionally, available funding for the project includes a federal earmark secured through Congresswoman Julia Brownley in the amount of $1,344,342.10. The City is also responsible for a local share of $500,000.

Therefore, the current estimated funding plan and projected cost offsets for the Agoura Hills Civic Center Microgrid Project are summarized below:

Funding Description Amount
Proposed Design-Build Contract Amount Submitted by
SitelogIQ, Inc. $3,319,673.00
Federal Earmark Funding Secured Through
Congresswoman Julia Brownley ($1,344,342.10)
Current Estimated City Match ($500,000.00)
Preliminary Estimated IRA / Direct Pay Incentive Offset ($940,700.00) Remaining Estimated Funding Gap $534,630.90
Staff is currently exploring additional funding opportunities, reimbursements, incentive programs, financing mechanisms, and other potential revenue sources to address the remaining estimated funding gap.

In the event additional funding sources are unable to be fully secured, City staff will work collaboratively with SitelogIQ, Inc. and Cal OES staff administering the federal funding to evaluate available options to keep the project moving forward. Such options could include refining or modifying portions of the project scope of work to align the project with available funding while still maintaining the core resiliency and emergency preparedness objectives of the Civic Center microgrid project.

The proposal submitted by SitelogIQ, Inc. demonstrated a strong understanding of the City’s resiliency goals, operational needs, and specific requirements associated with a federally funded project. Staff believes the firm possesses the technical qualifications, design-build expertise, and project management capabilities necessary to successfully deliver the project, as reinforced by exceptional reference feedback received from agencies that previously worked with the firm on similar resiliency and infrastructure projects.

FISCAL IMPACT
Based on the current estimated project costs and anticipated reimbursements, a remaining funding gap has been identified that will need to be addressed through additional revenue sources. Accordingly, staff is actively looking into additional funding opportunities, reimbursement programs, financing mechanisms, grants, and other potential funding solutions to help offset project costs and support project cash flow needs during implementation. The ability to amend the project scope (due to this being a design-build project) is available as a viable option as well should additional funding not be identified.

It should also be noted that the currently identified federal earmark funding operates on a reimbursement basis and potential IRA / Direct Pay incentives are not realized until the project is completed, meaning the City will be required to initially front project expenditures prior to reimbursement and recovery of funds.

In the event project costs, project scope, reimbursement assumptions, or available funding signficantly change during the project, staff will return to the City Council with an updated fiscal analysis, an outline of available options, and recommendations for further Council direction regarding the continuation, modification, or refinement of the project scope and funding strategy.

RECOMMENDATION
Staff respectfully recommends that the City Council approve the Agreement for Design-Build Services, with SitelogIQ, Inc., in the amount not-to-exceed $3,319,673.

Attachments
AH-agreement SitelogIQ-Microgrid-Final.pdf
DBIA Contract Document #525

STANDARD FORM OF AGREEMENT
between Owner and Design-Builder
Agoura Hills Civic Center Microgrid Project
30001 Ladyface Court, Agoura Hills, CA91301

TABLE OF CONTENTS
Article Name Page
Article 1 Scope of Work ................................................................................................. 2 Article 2 Contract Documents........................................................................................ 2 Article 3 Interpretation and Intent................................................................................... 2 Article 4 Ownership of Work Product............................................................................. 3 Article 5 Contract Time.................................................................................................. 4 Article 6 Contract Price.................................................................................................. 5 Article 7 Procedure for Payment.................................................................................... 6 Article 8 Termination for Convenience.......................................................................... 7 Article 9 Representatives of the Parties........................................................................ 7 Article 10 Bonds and Insurance..................................................................................... 8 Article 11 Other Provisions.......................................................................................... 9 DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

Standard Form of Agreement Between
Owner and Design-Builder
This AGREEMENT is made as of the27th day of May in the year of 2026, by and between the following parties, for services in connection with the Project identified below.

OWNER:
(Name and address)
City of Agoura Hills, a Municipal Corporation
30001 Ladyface Court
Agoura Hills, CA 91301
DESIGN-BUILDER:
(Name and address)
SitelogIQ, Inc.
1651 Response Road, Ste 300
Sacramento, CA 95815
PROJECT:
(Include Project name and location as it will appear in the Contract Documents) Project Name: Agoura Hills Civic Center Microgrid Project Project Location: 30001 Ladyface Court, Agoura Hills, CA 91301 In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein.

DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

Article 1
Scope of Work

1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents.

Article 2
Contract Documents

2.1 The Contract Documents are comprised of thefollowing:

2.1.1 All written modifications, amendments, minor changes and Change Orders to this Agreement issued in accordance with DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (2022 Edition) (“General Conditions of Contract”);

2.1.2 The Basis of Design Documents, including the Owner’s Project Criteria, Design-Builder’s Proposal, the original Request for Proposal (RFP) issued by the Owner, and the Deviation List, if any, contained in the Design-Builder’s Proposal, which shall specifically identify any and all deviations from Owner’s ProjectCriteria;

2.1.3 This Agreement, including all exhibits and attachments, executed by Owner and DesignBuilder

2.1.4 The General Conditions of Contract;and

2.1.5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions ofContract.

Article 3
Interpretation and Intent

3.1 Design-Builder and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, for any conflicts or ambiguities. Design-Builder and Owner will discuss and resolve any identified conflicts or ambiguities prior to execution of theAgreement.

3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conflicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Design-Builder and Owner shall attempt to resolve any ambiguity, conflict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. Conflicts existing within Section 2.1.2 DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

shall be resolved by giving precedence first to the Deviation List, if any, then the Owner’s Project Criteria, and then the Design-Builder’s Proposal.

3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract.

3.4 If Owner’s Project Criteria contain design specifications: (a) Design-Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design specifications and their compatibility with other information set forth in Owner’s Project Criteria, including any performance specifications; and (b) Design-Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance have been adversely impacted by such inaccurate designspecification.

3.5 The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents.

Article 4
Ownership of Work Product

4.1 Work Product. All drawings, specifications and other documents and electronic data, including such documents identified in the General Conditions of Contract, furnished by Design-Builder to Owner under this Agreement (“Work Product”) are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below.

4.2 Owner’s Limited License Upon Project Completion and Payment in Full toDesign-Builder.

Upon Owner’s payment in full for all Work performed under the Contract Documents, Design-Builder: (a) grants Owner a perpetual, paid up, irrevocable license to use the Work Product in connection with Owner’s occupancy of the Project; and (b) transfers all ownership and property interests, including but not limited to any intellectual property rights, copyrights and/or patents, in that portion of the Work Product that consists of architectural, engineering and other design elements and specifications that are unique to the Project.

The parties shall specifically designate those portions of the Work Product for which ownership in the Work Product shall be transferred. Such grant and transfer are conditioned on Owner’s express understanding that its alteration of the Work Product without the involvement of Design-Builder is at Owner’s sole risk and without liability or legal exposure to Design-Builder or anyone working by or through Design-Builder, including Design Consultants of anytier.

4.3 Owner’s Limited License upon Owner’s Termination for Convenience or Design-Builder’s Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8 hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner’s payment in full of the amounts due Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, provided that use of the Work Product is at Owner’s sole risk without liability or legal exposure toDesign-Builder;
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

4.4 Owner’s Limited License upon Design-Builder's Default. If this Agreement is terminated due to Design-Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then DesignBuilder grants Owner a perpetual, paid up, irrevocable license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design-Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design-Builder shall be entitled to the rights and remedies set forth in Section 4.3 above.

Article 5
Contract Time

5.1 Date of Commencement. The Work shall commence within five (5) days of Design-Builder’s receipt of Owner’s Notice to Proceed (“Date of Commencement”) unless the parties mutually agree otherwise inwriting.

5.2 Substantial Completion and FinalCompletion.

5.2.1 Substantial Completion of the entire Work shall be achieved no later than (460) calendar days after the Date of Commencement (“Scheduled Substantial CompletionDate”).

5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work (“Scheduled Interim Milestone Dates”) shall be achieved as agreed upon by the Owner and DesignBuilder. The Design-Builder shall submit a proposed list of scheduled interim milestones and corresponding completion dates for each milestone that will be used in determining satisfactory progress of the work. If the schedule is in jeopardy of being adhered to or is delayed for any reason, the design-builder shall propose a new schedule to keep the project ontrack.

5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the definition of Final Completion set forth in Section 1.2.8 of the General Conditions of Contract.

5.2.4 All of the dates set forth in this Article 5 (collectively the “Contract Time(s)”) shall be subject to adjustment in accordance with the General Conditions ofContract.

5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the ContractDocuments.

5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by (10) ten calendar days after the Scheduled Substantial Completion Date (the “LD Date”), Design-Builder shall pay Owner two-thousand five hundred dollars ($2,500) as liquidated damages for each day that Substantial Completion extends beyond the LDDate.

5.5 Any liquidated damages assessed pursuant to this Agreement shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving the Contract Time(s).

DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

Owner and Design-Builder agree that the maximum aggregate liability Design-Builder has for any liquidated damages that may be assessed under this Agreement for failure to achieve the Contract Time(s) shall be no more than 10% of the contract price.

5.6 Owner’s Review Time. The parties have established the following maximum and minimum amount of time for the Owner to review Design Submissions and the Project Schedule or any updates thereto unless the parties agree in writingotherwise.

5.6.1 The Owner shall have a minimum of (10) ten calendar days of receipt by the Owner to review all Design Submissions, the Project Schedule, and any updates thereto.

5.6.2 The Owner shall review and (if applicable) provide a response to Design-Builder on all Design Submissions, the Project Schedule, and any updates thereto within (21) twenty-one calendar days of receipt by theOwner.

The review period shall commence only upon receipt of a complete submittal.

Owner’s review and/or approval shall not relieve Design-Builder of responsibility for the accuracy, completeness, or compliance of the design.

Article 6
Contract Price

6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract the not-to-exceed sum of Three million, three hundred and nineteen thousand, six hundred and seventy three Dollars ($3,319,673) (“Contract Price”), subject to adjustments made in accordance with the General Conditions of Contract. Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use, consumer and other taxes mandated by applicable LegalRequirements.

6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Section 9.4.1 of the General Conditions of Contract, the following markups shall be allowed on suchchanges:

6.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design-Builder shall receive a Fee with mark-up caps no more than 10% for work directly performed by the contractor, 5% for work performed by subcontractors, and 3% if there are any sub-subcontractors.

6.2.2 For deductive Change Orders, including deductive Change Orders arising fromboth additive and deductive items, the deductive amounts shall include no additional reduction to account for Design-Builder’s Fee or any othermarkup.

DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

7.1 ProgressPayments.

Article 7
Procedure for Payment

7.1.1 Design-Builder shall submit to Owner on or before the tenth (10th ) day of each month, beginning with the first month after the Date of Commencement, Design-Builder’s Application for Payment in accordance with Article 6 of the General Conditions of Contract.

7.1.2 Owner shall make payment within ten (10) days after Owner’s receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract.

7.2 Retainage on ProgressPayments.

7.2.1 Owner will retain five percent (5%) from Design-Builder’s Applications for Payment pursuant to state law.

7.2.2 Within fifteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract.

7.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on DesignBuilder’s properly submitted and accurate Final Application for Payment within thirty (30) days after Owner’s receipt of the Final Application for Payment, provided that Design-Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions ofContract.

7.4 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress payments or final payment, shall bear interest commencing fifteen (15) calendar days after payment is due at the rate of Ten percent (10%) per month untilpaid.

7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a cost basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner’s accountants shall be afforded access to, and the right to audit from time-to-time, upon reasonable notice, Design-Builder’s records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work performed on a cost basis in accordance with the Contract Documents, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment. Such inspection shall take place at DesignBuilder’s offices during normal business hours unless another location and time is agreed to by the parties.

Any multipliers or markups agreed to by the Owner and Design-Builder as part of this Agreement are only subject to audit to confirm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit.

DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

Article 8
Termination for Convenience

8.1 Owner may terminate for convenience any part of the remaining work under the Contract at any time, or from time to time, by written notice to the Design-Builder. Such notice shall specify the extent to which the performance of work is terminated and the effective date of such termination.:

8.2 Upon receipt of such notice, the Design-Buildershall:

8.2.1 Immediately discontinue work on the date and to the extent specified in the notice and place no further orders or subcontracts for materials, services, or facilities, other than as may be required for completion of such portion of work that is not terminated;

8.2.2 Promptly obtain cancellation upon terms satisfactory to Owner of all purchase orders, subcontracts, rentals or any other contracts existing for the performance of the terminated work or assign those contracts to Owner as directed;

8.2.3 Assist Owner in the maintenance, protection, and disposition of work in progress, plant, tools, equipment, property, and materials acquired by the Design-Builder or furnished by the Design-Builder under this Contract; and

8.2.4 Complete performance of the Work which is not terminated.

8.3 Upon any such termination, the Design-Builder waives any claims for damages on account thereof; but as the sole right and remedy of the Design-Builder, Owner shall pay Design-Builder substantiated costs in accordance with thefollowing:

8.3.1 All amounts due and not previously paid to the Design-Builder for work completed in accordance with the Contract prior to such notice of termination, and for work thereafter completed as specified in such notice, up to but not exceeding the contract value for the work using the progress schedule, schedule of values and other project controls as applicable;

8.3.2 Reasonable costs incurred in demobilization and the disposition of residual material, plant and equipment; and

8.3.3 There shall be no claim or right to lost profits on unperformed work under any theory or any circumstances. There shall be no other right or claim for loss, cost, damage, expense or liability.

These limits apply to a termination for convenience and also to any termination for default subsequently determined wrongful and therefore treated as a termination for convenience.

Article 9
Representatives of the Parties

9.1 Owner’sRepresentatives.

9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner’s Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual’s name, title, address and telephonenumbers.)
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America

9.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract:(Identify individual’s name, title, address and telephone numbers.)

9.2 Design-Builder’sRepresentatives.

9.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design-Builder’s Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual’s name, title, address and telephonenumbers.)

9.2.2 Design-Builder designates the individual listed below as its Design-Builder’s Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers.) Article 10
Bonds and Insurance

10.1 Insurance. Design-Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract.

10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security:

Performance Bond - 100% of total contract price
Payment Bond - 100% total contract price
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America

Article 11
Other Provisions

11.1 Listing of Exhibits and documents which are incorporated by reference herein:
i. Exhibit A – Design-Builder's Proposal and fixed Design-BuildPrice ii. Exhibit B – Permit List
iii. Exhibit C – Performance Standards and SystemRequirements iv. Exhibit D – Performance Verification and AcceptanceCriteria v. Exhibit E – Statement of Qualifications (SOQ) – submitted as part ofpre-qualification process
vi. Exhibit F – FederalRequirements
vii. Exhibit G – Performance Bond Form
viii. Exhibit H – Payment Bond Form (Material and Labor) ix. Exhibit I – Insurance Requirements
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder - Lump Sum © 2025 Design-Build Institute of America

In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein.

OWNER: CITY CLERK:

City of Agoura Hills _______________________
(Name of Owner)
(Signature)
Jeremy Wolf
(Printed Name)
Mayor
(Title)
Date: May 27, 2026
DESIGN-BUILDER:

John Gajan Zack Davis
President Chief Finance Officer
_ _ _ _
Signature Signature
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.] Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: ___________

STANDARD FORM OF GENERAL CONDITIONS OF CONTRACT
between Owner and Design-Builder
Agoura Hills Civic Center Microgrid Project
Ladyface Court, Agoura Hills, CA 91301
Document No. 535
Third Edition, 2022
© Design-Build Institute of America
Washington, D.C.

DBIA Contract Document #535

TABLE OF CONTENTS
Article Name Page
Article 1 General ............................................................................................................ 1 Article 2 Design-Builder’s Services and Responsibilities ................................................ 2 Article 3 Owner’s Services and Responsibilities ........................................................... 12 Article 4 Hazardous Conditions and DifferingSite Conditions ...................................... 13 Article 5 Insurance and Bonds...................................................................................... 15 Article 6 Payment ......................................................................................................... 16 Article 7 Indemnification ............................................................................................... 20 Article 8 Time ............................................................................................................... 22 Article 9 Changes to the Contract Price and Time........................................................ 23 Article 10 Contract Adjustments and Disputes.............................................................. 26 Article 11 Stop Work and Termination.........................................................................30 Article 12 Electronic Data ............................................................................................. 33 Article 13 Miscellaneous............................................................................................... 34 DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Article 1
General

1.1 MutualObligations.

1.1.1 Owner and Design-Builder commit at all times to cooperate fully with each other and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the ContractDocuments.

1.2 Basic Definitions.

1.2.1 Agreement refers to the executed contract between Owner and Design-Builder, DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder – Lump Sum (2024 Edition).

1.2.2 Basis of Design Documents are as follows: For DBIA Document No. 525, Standard Form of Agreement Between Owner and Design-Builder – LumpSum.

1.2.3 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by Design-Builder consistent with the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both Owner and Design-Builder, as part of the design review process contemplated bySection

2.4 of these General Conditions of Contract.

1.2.4 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents.

1.2.5 Design-Build Team is comprised of Design-Builder, Design Consultant, and key Subcontractors identified byDesign-Builder.

1.2.6 Design Consultant is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder, to furnish design services required under the Contract Documents (“Design Services”). A Design Sub-Consultant is a qualified, licensed design professional who is not an employee of Design Consultant but is retained by Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents.

1.2.7 Design Submission means any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, and other information developed, prepared, furnished, delivered or required to be delivered by, or for, Design-Builder.

1.2.8 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1 and the submission of all documents set forth in Section6.7.2.

1.2.9 Force Majeure Events are those events that are beyond the control of both Design-Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God.

1.2.10 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (2022 Edition).

1.2.11 Exhibit means an exhibit attached to the Agreement Between Owner and Design-Builder.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

1.2.12 Proposal means that proposal submitted by Design-Builder in response toOwner’s request for proposals which includes the Design-Builder’s design of the Project upon which Design-Builder based its proposed price to complete theProject.

1.2.13 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable LegalRequirements.

1.2.14 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi-government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work.

1.2.15 Owner’s Project Criteria are developed by or for Owner to describe Owner’s program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing DesignBuilder’s performance of the Work. Owner’s Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Project-specific technical materials and requirements.

1.2.16 Project means the design, engineering, procurement, construction, installation, testing, commissioning, and placing into service of a Civic Center microgrid system for the City of Agoura Hills, including solar generation, battery energy storage, control systems, and electrical interconnection infrastructure, together with all work necessary to achieve utility Permission to Operate (PTO) and to support continued operation of the Civic Center as an Emergency Operations Center in accordance with the ContractDocuments.

1.2.16 Site is the land or premises on which the Project is located.

1.2.17 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers.

1.2.18 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor’s Work and shall include materialmen and suppliers.

1.2.19 Substantial Completion or Substantially Complete means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract Documents so that Owner can occupy and use the Project or a portion thereof for its intended purposes.

1.2.20 Work is comprised of all Design-Builder’s design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the ContractDocuments.

Article 2
Design-Builder’s Services and Responsibilities

2.1 General Services.

2.1.1 Design-Builder’s Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder’s Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder’s Representative may be replaced only with the DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

mutual agreement of Owner and Design-Builder.

2.1.2 Unless the parties agree on a different time period for submission of a status report, Design-Builder shall provide Owner with a monthly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule; (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution; (iii) whether health and safety issues exist in connection with the Work; (iv) other items that require resolution so as not to jeopardize Design-Builder’s ability to complete the Work for the Contract Price and within the Contract Time(s). Status reports shall be submitted with Design-Builder’s draft Payment Applications as a pre-requisite topayment.

2.1.3 Unless a schedule for the execution of the Work has been attached to the Agreement as an exhibit at the time the Agreement is executed, Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.1.4 hereof, a schedule for the execution of the Work for Owner’s review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s). The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner’s review of, and response to, the schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work.

2.1.4 The parties will meet within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the ContractDocuments.

2.1.5 Design-Builder has reviewed at the time of Proposal, and will throughout performance, carefully and adequately review the Contract Documents and acknowledges that these Contract Documents establish the scope, level of quality, construction intent and the procedures for the Design-Builder’s design and construction of the Work to a state of 100% completion. Design-Builder shall carefully study and compare each of the Contract Documents with the others and with information furnished by Owner, and shall report in writing to Owner any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with program performance requirements or applicable Code requirements observed byDesign-Builder.

2.1.6 Design-Builder has examined at the time of Proposal, and will throughout performance, carefully examine the Project Site and the adjacent areas, has adequately investigated the nature and location of the Work to be performed and has satisfied itself and will continue to satisfy itself as to the general and local conditions which will be applicable, including but not limited to:

2.1.6.1 Conditions related to Project Site access and topography, andto the transportation, disposal, handling and storage ofmaterials;

2.1.6.2 The availability of labor, water, power androads;

2.1.6.3 Observable physical conditions at the Project Site and existing Project Site conditions, including seasons andclimate;

2.1.6.4 Size, utility capacities and connection options of externalutilities;

2.1.6.5 The surface conditions of the ground, including normal and usual soil conditions;

2.1.6.6 The character and availability of the equipment and facilities which will be needed prior to and during the performance of the construction work; and DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

2.1.6.7 All other conditions which may be material to the Design-Builder's performanceof its obligations under thisContract.

2.1.7 Design-Builder has at the time of Proposal, and will throughout performance have, the experience and capability to efficiently and expeditiously accomplish the Work required under this Contract in a timely and satisfactory manner and at the standard of practice of a Design-Builder with substantial experience in the Work of theContract.

2.1.8 Design-Builder shall supervise, coordinate, and direct the Work using Design-Builder's best skill and attention. Design-Builder shall be solely responsible for, and have control over the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, site work, utilities, and building process systems.

2.1.9 The Design-Builder shall coordinate, sequence, and organize its work so as to minimize the inconvenience and disruption to the general public to the greatest extent reasonable. Such coordination and mitigation shall include dissemination of information and meeting with or notification to the parties who will be affected by the Work, as appropriate, and shall be undertaken in cooperation with Owner, and in accordance with any specific Contract Document provisions or direction from Owner. Prior to commencement of the Work, the Design-Builder shall hold preinstallation coordination meetings and prepare coordination drawings that document the pre•planning of the Work. This process shall ensure the installation of the Work is undertaken in an efficient and professional manner in accordance with the Contract Documents. In the event that the Owner in good faith determines that the Design-Builder has not complied with this provision, or has failed to properly address the inconvenience and/or a disruption to the general public, the Owner shall have the right to change the sequence of the Work by providing the Design-Builder with 48 hours' notice, and the Design-Builder will not be entitled to any additional time or compensation resulting from the change in the sequence of the Work. The Design-Builder's coordination shall include, but not be limited to, thefollowing:

2.1.9.1 Coordinate use of Project space and sequence of installation of equipment or other work that is indicated on the Contract Documents. Utilize space efficiently to eliminate conflicts in the installation of the Work and to maximize accessibility for maintenance and repairs.

2.1.9.2 When necessary, prepare memoranda for distribution to each party involved in the Work outlining special procedures required for coordination and construction. Include such items as required notices, reports, construction restraints and attendanceat meetings.

2.1.9.3 Coordinate schedule and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work.

2.1.9.4 The Design-Builder shall obtain the approval of Owner and notify all other affected persons or "Other Contractors" at least forty-eight (48) hours before starting work which may block access or otherwise cause undue difficulty to occupants or users of property affected, and shall restore such access to a usable condition or, with Owner's permission, provide replacement access as soon as possible.

2.1.9.5 The Design-Builder shall obtain necessary information and identify equipment locations and other layouts, as available, to avoid interface conflicts and shall be familiar with applicable codes and requirements and perform its work in compliance therewith.

2.1.9.6 Coordinate execution of the Work with those public utilities, governmental bodies, private utilities and Other Contractors performing work on and adjacent to the worksites.

Eliminate or minimize delays in the Work and conflicts with those utilities, bodies and Other Contractors.

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Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

2.1.10 Design-Builder shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

2.1.11 The Design-Builder shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies or omissions in the Construction Documents. DesignBuilder shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to DesignBuilder before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing toOwner.

2.1.12 Design-Builder further represents and warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as required in this Contract and that such personnel have the experience and expertise levels to adequately perform the work. DesignBuilder’s representations and warranties stated herein, shall also apply to Design-Builder’s subcontractors.

2.2 Design ProfessionalServices.

2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant.

The Design-Builder represents it has the proper business and professional background, knowledge, experience and expertise necessary to provide all Design Services and Construction Services for the Project. Design-Builder further represents that it and all Design-Builder’s subcontractors possess all required professional licenses in the State of California to provide all Design Services and Construction Services necessary for the Project. At all times herein, DesignBuilder shall possess a California Contractor’s license, Class A. Design-Builder’s State Contractor’s license number is 1054171.

2.2.2 Design-Builder shall employ only Design Consultants and/or Design Subconsultants who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Prior to the date that Design Consultants and/or Design Subconsultants perform Work on the Project, Design-Builder shall identify in writing to Owner all Design Consultants and Design Subconsultants.

To the extent that Design-Builder has not selected a Design Consultant or Design Subconsultant prior to performing the Work, Design-Builder shall provide Owner in writing a list of any subsequently added Design Consultants and/or Design Subconsultants and their scope of Work prior to their performing Work on the Project. Owner may reasonably object to Design-Builder’s selection of any Design Consultant or Design Subconsultant, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner’s decision impacts DesignBuilder’s cost and/or time of performance. Design-Builder shall not substitute a listed Design Consultant or Subconsultant without obtaining Owner’s prior written consent; such consent shall not be unreasonably withheld. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant or Design Subconsultant, including but not limited to any third-party beneficiary rights.

2.3 Standard of Care for Design ProfessionalServices.

2.3.1 All work performed in connection with this Contract shall be performed in a manner consistent with the standard of care ordinarily exercised by those who provide architectural, engineering, planning and design services for projects of similar size, scope and complexity for DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

microgrid facilities in the United States, and consistent with the standard of care ordinarily exercised by those who specialize in such specialty services. In addition, all work is to be performed within the standard of care for California architects, engineers, planners and designers. Neither review nor approval of Design-Builder’s work by Owner, any employee, any agent/consultant of Owner, or any other person shall in any way relieve Design-Builder from its duty to utilize this standard of care in the performance of its duties. Design-Builder agrees to provide its professional services in a manner that is in the Owner’s economic and governmental best interests, consistent with this standard of care and the Design-Builder’s professionalobligations.

2.4 Design DevelopmentServices.

2.4.1 Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim Design Submissions that Owner may wish to review, which interim Design Submissions may include design criteria, drawings, diagrams and specifications setting forth the Projectrequirements.

2.4.1.1 Design Submissions shall be consistent with the Owner’s Project Criteria as well as the Basis of Design Documents, as the Basis of Design Documents may have been changed or supplemented through the design process set forth in this Section 2.4.1. By submitting Design Submissions, Design-Builder represents to the Owner that the Work depicted and otherwise shown, contained, or reflected in Design Submissions may be constructed in compliance with the then current Contract Price and Contract Time.

Notwithstanding the above, Design-Builder may propose Design Submissions that may alter the Basis of Design Documents, the Contract Price and/or Contract Time; however, Design-Builder must provide notice thereof in accordance with Article 10 of the General Conditions and obtain a Change Order before such proposed Design Submissions are incorporated into the ConstructionDocuments.

2.4.1.2 On or about the time of the Design Submissions, Design-Builder and Owner shall meet and confer about the Design Submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted Design Submissions.

Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim Design Submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design-Builder’sschedule.

2.4.1.3 Owner shall review and respond to Design Submissions, providing any comments and/or concerns about the Design Submissions. Owner shall provide all comments on the Design Submissions within the time provided by the Contract Documents. Design-Builder shall revise the Design Submissions (and any other deliverables) in response to Owner’s comments and incorporate said responses into the next submission of Design Submissions.

2.4.1.4 If incorporation of Owner’s comments results in a design that is inconsistent with or otherwise gives rise to a change in Owner’s Project Criteria, the Basis of Design Documents, the Contract Price and/or the Contract Time, Design-Builder shall provide notice thereof in accordance with Articles 9and 10 of the General Conditions. Changes to the Basis of Design Documents, the Contract Price and/or the Contract Time, including those that are deemed minor changes, shall be processed in accordance with Article 9 of the GeneralConditions.

2.4.2 Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim Design Submissions, as DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

such submissions may have been modified in a design review meeting and recorded in the meeting minutes. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section 2.4.1 above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction.

2.4.3 Owner’s review and approval of interim Design Submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner’s review nor approval of any interim Design Submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. Design-Builder shall provide Owner with sufficient time in the Project Schedule to review and approve the Design Submissions.

2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, DesignBuilder may prepare interim Design Submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with DesignBuilder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design-Builder’sschedule.

2.5 LegalRequirements.

2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements.

2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate DesignBuilder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price.

Such effects may include, without limitation, revisions Design-Builder is required to make to the Construction Documents because of changes in LegalRequirements.

2.5.3 California Air Resources Board (CARB): The Design-Builder shall comply with the all California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleet Regulation [Title 13 CCR, Division 3, Chapter 9, Article 4.8, as amended, effective 10/1/23] and is responsible for maintaining compliance with said regulations for the duration of Project and for verifying compliance certificates for any subcontractors used throughout the contract term.. The DesignBuilder shall acknowledge these requirements and provide compliance certificates with their Proposal.

1. The Design-Builder must obtain copies of the valid Certificates of Reported Compliance for the fleet selected for the contract and their listed subcontractors, if applicable, prior to entering into a new or renewed contract with thatfleet.

2. The Design-Builder shall not enter into a contract with a fleet for which it does not have a valid Certificates of Reported Compliance for the fleet and its listed subcontractors, if applicable, prior to entering into a new or renewed contract with thatfleet.

The Design-Builder shall collect new valid Certificates of Reported Compliance for the current compliance year, between March 1 and June 1 of each year, from all fleets that have an ongoing contract with the Design-Builder as of March 1 of that year.

2.6 Government Approvals andPermits.

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Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

2.6.1 Except as otherwise agreed upon in writing, Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project.

2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner’s responsibility.

2.7 Design-Builder’s Construction PhaseServices.

2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the ContractDocuments.

2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. DesignBuilder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques ofconstruction.

2.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Design-Builder shall at all times comply with the requirements of Public Contract Code Section 22166 regarding the use and/or substitution of Subcontractors. Prior to the date that Subcontractors perform Work on the Project, DesignBuilder shall identify in writing to Owner all Subcontractors. To the extent that Design-Builder has not selected a Subcontractor prior to performing the Work, Design-Builder shall provide Owner in writing a list of any subsequently added Subcontractors prior to their performing Work on the Project. Owner may reasonably object to Design-Builder’s selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner’s decision impacts Design-Builder’s cost and/or time of performance. Design-Builder may not substitute listed Subcontractors without Owner’s prior written consent; such consent shall not be unreasonably withheld.

2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary rights.

2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner’s control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption.

2.7.6 Design-Builder shall use only Responsible (as defined in Public Contract Code section 1103) and qualified Subcontractors and material suppliers. Unless previously identified in DesignBuilder’s Proposal, before making an award to a Subcontractor or material supplier, the DesignBuilder shall identify in writing to the Owner the name, qualifications, experience, contact and licensing information, and scope of work for each proposed Subcontractor or material supplier. The Design-Builder shall provide the Owner with a letter which provides all necessary information demonstrating that the proposed subcontractor or material supplier satisfies the Contract requirements, including but not limited to, insurance provisions. If requested, Design-Builder will promptly provide additional information requested by Owner pending concurrence from Owner. The Owner reserves the right, which shall be exercised in good faith, to reasonably deny or remove a Subcontractor, Sub-subcontractor, or material supplier in the event the Owner determines that the DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Subcontractor, Sub-subcontractor, or material supplier is not Responsible, or that the subcontractor or material supplier fails to satisfy or violates the requirements under the Contract Documents.

Nothing herein shall be construed to relieve the Design-Builder from its obligations to properly manage, supervise, schedule, or coordinate its Subcontractors and material suppliers.

2.7.7 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intendeduse.

2.8 Design-Builder’s Responsibility for ProjectSafety.

2.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting; (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site; and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design-Builder’s Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with DesignBuilder’s personnel, Subcontractors and others asapplicable.

2.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, including but not limited to, all pertinent safety laws and regulations and orders of the State of California, Department of Industrial Relations, Division of Industrial Safety, and U.S. Department of Labor, OSHA, as well as any Owner-specific safety requirements set forth in the Contract Documents, as well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to Owner’s Representative and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety-related matters involving the Project or theWork.

2.8.3 Design-Builder’s responsibility for safety under this Section 2.8 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters; and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of theWork.

2.8.4 The Design-Builder shall conduct all operations in a manner that will cause no interference with normal operations of the Owner. In all operations, the Design-Builder shall be governed by the regulations and rules of Owner and shall cooperate fully with Owner. All temporary blockages for the movement of construction materials or equipment shall be coordinated with and approved by Owner at least forty-eight (48) working hours in advance of any closure. The Design-Builder shall provide and maintain temporary and permanent fences, barriers, lights, bridges, and signs and provide such flaggers and guards as necessary to give adequate warning to the public and all individuals on or using thepremises.

2.8.5 Within ten (10) Days after the date of the Notice to Proceed and before moving vehicles onto the Project Site, the Design-Builder shall submit to Owner the proposed Plan for vehicular and pedestrian traffic circulation, including the location and types of signs to be used. Thereafter, and DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

not later than fifteen (15) Days prior to subsequent changes required by Owner for said circulation, sign locations and types, the Design-Builder shall submit revised plans to Owner.

2.8.6 The Design-Builder shall conduct the operations in a manner that avoids injury or damage to adjacent property and improvements. Property such as, but not limited to, buildings, trees, shrubbery, lawns, pole lines, fences, guard rails, guide posts, culvert and Project markers, signs, structures, and other objects on or adjacent to the Project Site, that are not designated for removal, shall be protected from injury or damage. If damaged or removed due to Design-Builder's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. When ordered by Owner, the Design-Builder shall provide and install suitable safeguards to protect any object from injury or damage.

2.9 Design-Builder’sWarranty.

2.9.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship.

2.9.2 All Work shall be warranted by the Design-Builder against defective workmanship and materials for the warranty period specified elsewhere in the Contract or one (1) year after the date of the Final Acceptance of the Work by Owner, whichever is later. Neither Final Acceptance nor the final payment nor any provision in the Contract Documents shall relieve the Design-Builder of responsibility for faulty material or quality of Work. The Design-Builder shall replace or repair any such defective Work in a manner satisfactory to Owner, after notice to do so from Owner and within the time specified in the notice. Design-Builder’s
warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work in a commercially reasonable manner. Nothing in this warranty is intended to limit any manufacturer’s warranty which provides Owner with greater warranty rights than set forth in this Section 2.9 or the Contract Documents. Design-Builder will provide Owner with all manufacturers’ warranties upon SubstantialCompletion.

2.9.3 Disclaimers and Limitations: Manufacturer’s disclaimers and limitations on product warranties do not relieve Design-Builder of warranty on work that incorporates products.

Manufacturer’s disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with Design-Builder.

2.9.4 Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warrantedconstruction.

2.9.5 Reinstatement of Warranty: When work covered by warranty has failed and been corrected by replacement or rebuilding, reinstate warranty by written endorsement. Reinstated warranty shall be equal to original warranty with equitable adjustment fordepreciation.

2.9.6 Replacement Cost: Upon determination that work covered by warranty has failed, replace or rebuild work to acceptable condition complying with requirements of Contract Documents.

Design-Builder is responsible for cost of replacing or rebuilding defective work regardless of whether Owner has benefited from use of work through portion of its anticipated useful service life.

2.9.7 Warranty for labor and materials required by the Contract Documents shall have their warranty period begin on the date of Final Acceptance or beneficial use by Owner for a period of one (1) year or as covered by special warranties, whichever is longer. Design-Builder’s performance and payment bonds shall remain in effect throughout the warranty periods set forth in this Article. The Design-Builder shall provide any and all technical support necessary to provide oversight, training and coordination of Owner personnel who perform the maintenance for installations performed under these specifications such that the Warranty durations specified in DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

those sections and elsewhere in the Contract Documents will not begin until Final Acceptance of all work required by the Contract. All arrangements required to be made with any supplier shall be made by the Design-Builder.

2.9.8 The Design-Builder shall replace or repair any such defective work in a manner satisfactory to Owner, after notice to do so from Owner and within the time specified in the notice.

2.9.9 Expressed warranties made to Owner are in addition to implied warranties and shall not limit duties, obligations, rights, and remedies otherwise available under law. Expressed warranty periods shall not be interpreted as limitations on time in which Owner can enforce such other duties, obligations, rights, orremedies.

2.9.10 Expressed warranties made to Owner shall not deprive Owner of other rights Owner may have under other provisions of Contract Documents and are in addition to and run concurrent with other warranties made by Design-Builder under requirements of Contract Documents.

2.9.11 Rejection of Warranties: Owner reserves right to reject warranties and to limit selection to products with warranties not in conflict with requirements of Contract Documents.

2.9.12 Where Contract Documents require special warranty, or similar commitment on work or part of work, Owner reserves right to refuse to accept work, until Design-Builder presents written evidence that entities required to countersign such commitments have done so or are willing to do so.

2.9.13 Warranty Submittals: Submit written warranties to Owner prior to date certified for SubstantialCompletion.

2.9.14 When a designated portion of work is completed and occupied or used by Owner, by separate agreement with Design-Builder during construction period, submit properly executed warranties to Owner within fifteen (15) days of completion of that designated portion ofwork.

2.9.15 When Contract Documents require Design-Builder, or Design-Builder and subcontractor, supplier or manufacturer to execute special warranty, prepare written document that contains appropriate terms and identification, ready for execution by required parties. Submit draft to Owner, for approval prior to final execution.

2.9.16 Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly organized and executed by Design-Builder, or by Design-Builder, subcontractor, supplier, or manufacturer.

2.10 Correction of DefectiveWork.

2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Substantial Completion of the Work or any portion of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents.

2.10.2 Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, DesignBuilder shall be responsible for all reasonable costs incurred by Owner in performing such DBIA Document No. 535
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correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable.

2.10.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder’s other obligations under the ContractDocuments.

Article 3
Owner’s Services and Responsibilities

3.1 Duty to Cooperate.

3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design-Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design-Builder’s timely and efficient performance of the Work and so as not to delay or interfere with DesignBuilder’s performance of its obligations under the ContractDocuments.

3.1.2 Owner shall provide timely reviews and approvals of interim Design Submissions and Construction Documents consistent with the turnaround times set forth in Design-Builder’s schedule.

3.1.3 Owner shall give Design-Builder timely notice of any Work that Owner notices to be defective or not in compliance with the ContractDocuments.

3.2 Furnishing of Services andInformation.

3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design-Builder’s information and use the following, all of which Design-Builder is entitled to rely upon in performing theWork:

3.2.1.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utilitylines;

3.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at theSite;

3.2.1.3 Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project and enable Design-Builder to perform theWork;

3.2.1.4 A legal description of theSite;

3.2.1.5 To the extent available, record drawings of any existing structures at the Site; and

3.2.1.6 To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site.

3.2.2 Owner is responsible for securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable Design-Builder to perform the Work. Owner is further responsible for all costs, including attorneys’ fees, incurred in securing these necessary agreements.

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Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

3.3 Financial Information.

3.3.1 Design-Builder shall cooperate with the reasonable requirements of Owner’s lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner’s lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents.

3.4 Owner’sRepresentative.

3.4.1 Owner’s Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner’s Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner’s Representative shall communicate regularly with Design-Builder and shall be vested with the authority to act on behalf of Owner.

3.5 Government Approvals andPermits.

3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in Owner’s Permit List attached as an exhibit to the Agreement.

3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder’sresponsibility.

3.6 Owner’s SeparateContractors.

3.6.1 Subject to the Design-Builder’s coordination responsibilities of Other Contractors pursuant to Article 2.1.9, Owner is responsible for all work performed on the Project or at the Site by Other Contractors under Owner’s control. In addition to Design-Builder’s coordination obligations, Owner shall assist the Design-Builder and request that Other Contractors cooperate with, and coordinate their activities so as to enable Design-Builder to timely complete the Work consistent with the Contract Documents.

Article 4
Hazardous Conditions and Differing Site Conditions

4.1 HazardousConditions.

4.1.1 Except as otherwise permitted in the Contract Documents, the Design-Builder agrees to accept sole responsibility for full compliance with any and all applicable present and future rules, regulations, restrictions, ordinances, statutes, laws and/or other orders of any governmental entity regarding the use, storage, handling, distribution, processing and/or disposal of hazardous wastes, extremely hazardous wastes, hazardous substances, hazardous materials, hazardous chemicals, toxic chemicals, toxic substances, pollutants, contaminants, or other similarly regulated substances (hereinafter referred to as "hazardous substances") regardless of whether the obligation for such compliance or responsibility is placed on the Owner of the land, on the Owner of any improvements on the premises, on the user of the land, or on the user of the improvements. Said hazardous substances shall include, but shall not be limited to gasoline, diesel and other fuels, lubricating oils andsolvents.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

4.1.2 Except for claims arising from Owner’s sole or active negligence or willful misconduct, the Design-Builder agrees that any damages, penalties or fines levied against Owner and/or the Design-Builder as a result of noncompliance with any of the above shall be the sole responsibility of the Design-Builder and, further, that the Design-Builder shall indemnify and pay and/or reimburse Owner for any damages, penalties or fines that Owner incurs, or pays, as a result of DesignBuilder’s noncompliance with this General Condition. In the case of any hazardous substance spill, leak, discharge or improper storage on the premises, or contamination of same, by action or inaction of the Design-Builder, or anyone directly or indirectly employed or under contract to the Design-Builder, the Design-Builder agrees to make, or cause to be made, any necessary repairs or corrective actions, as well as to clean up and remove any leakage, contamination or contaminated ground. In the case of any hazardous substance spill, leak, discharge or contamination caused in whole or part by the Design-Builder, or by any of its subcontractors, employees, or agents, which affects Owner’s property, or property (ies) of Owner's tenant(s), the Design-Builder agrees to make, or cause to be made, any necessary repairs, or take corrective actions, to clean-up and remove any such spill, leakage or contamination to the extent required by applicable law or regulation. If, after reasonable notice, the Design-Builder fails to repair, clean- up, properly dispose of, or take any other corrective action(s) as required by the Contract Documents, Owner may (but shall not be required to) take all steps it deems reasonably necessary to properly repair, clean-up or otherwise correct the condition(s) resulting from the spill, leak or contamination.

Any such repair, clean-up or corrective action(s) taken by Owner shall be at Design- Builder's sole cost and expense, including any and all costs (including any administrative costs) which Owner incurs, or pays, as a result of any repair, clean-up or corrective action it takes.

4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project after Design-Builder’s expert provides Owner a written certification that (i) the Hazardous Conditions have been removed or rendered harmless; and (ii) all necessary approvals have been obtained from all government and quasi-government entities having jurisdiction over the Project or Site.

4.1.4 Design-Builder will be entitled, in accordance with these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions.

4.1.5 Notwithstanding the foregoing, and to the fullest extent permitted by law, Owner shall indemnify, defend and hold harmless Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, and their officers, directors, employees and agents, from and against any and all claims, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and expenses, arising out of or resulting from the presence, removal or remediation of Hazardous Conditions existing on the Site prior to the effective date of the Contract.

4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable. To the fullest extent permitted by law, Design-Builder shall indemnify, defend and hold harmless Owner and Owner’s officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys’ fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose acts they may be liable.

4.1.7 This General Condition and the obligation(s) contained therein, shall survive the expiration or earlier termination of thisContract.

4.2 Differing SiteConditions.

4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as “Differing Site Conditions.” If Design- DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Builder encounters a Differing Site Condition, Design-Builder will be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance are adversely impacted by the Differing SiteCondition.

4.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than fourteen (14) days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered.

Article 5
Insurance and Bonds

5.1 Design-Builder’s InsuranceRequirements.

5.1.1 Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Exhibit “I” Insurance to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in theAgreement.

5.1.2 Design-Builder’s insurance shall specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build delivery of the Project.

5.1.3 Prior to commencing any construction services hereunder, Design-Builder shall provide Owner with certificates and original endorsements evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents; and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days’ prior written notice is given to Owner. If any of the foregoing insurance coverages are required to remain in force after final payment is reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the Final Application for Payment. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by Design-Builder with reasonable promptness according to Design-Builder’s information andbelief.

5.2 [Reserved]

5.3 [Reserved]

5.4 Bonds and Other PerformanceSecurity.

5.4.1 If Owner requires Design-Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement. Should any bond become insufficient, the DesignBuilder shall renew the bond within 10 days after receiving notice from Owner. Changes in the Work or extensions of time made pursuant to the Contract shall in no way release the Design- Builder or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

5.4.2 All bonds furnished by Design-Builder shall be in a form satisfactory to Owner. The surety shall be a company qualified and registered to conduct business in the state in which the Project is located. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660(a). The Design-Builder shall pay all bond premiums, costs, and incidentals.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Article 6
Payment

6.1 Schedule ofValues.

6.1.1 Unless required by Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design-Builder shall submit for Owner’s review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work; and (iii) serve as the basis for monthly progress payments made to Design-Builder throughouttheWork.

6.1.2 Owner will timely review and approve the schedule of values so as not to delay the submission of Design-Builder’s first application for payment. Owner and Design-Builder shall timely resolve any differences so as not to delay Design-Builder’s submission of its first application for payment.

6.2 Monthly ProgressPayments.

6.2.1 On or before the date established in the Agreement, Design-Builder shall submit for Owner’s review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment, which shall include unconditional releases of lien in the statutory form for all subcontractors and suppliers, through the prior payment application. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by Section 2.1.4 hereof.

6.2.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location; (ii) the equipment and materials are protected by suitable insurance; and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens andencumbrances.

6.2.3 All discounts offered by Subcontractors, Sub-Subcontractors, and suppliers to DesignBuilder for early payment shall accrue one hundred percent to Design-Builder to the extent DesignBuilder advances payment. Unless Owner advances payment to Design-Builder specifically to receive the discount, Design-Builder may include in its Application for Payment the full undiscounted cost of the item for which payment is sought.

6.2.4 The Application for Payment shall constitute Design-Builder’s representation that the Work described therein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder’s receipt of payment, whichever occurs earlier.

6.3 Withholding ofPayments.

6.3.1 On or before the date established in the Agreement, Owner shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment as a result of Design-Builder’s failure to meet its obligations hereunder, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner’s concerns. Design-Builder and Owner will attempt to resolve Owner’s concerns prior to the date DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

payment is due. If the parties cannot resolve such concerns, Design-Builder may pursue its rights under the Contract Documents, including those under Article 10 hereof.

6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by the Agreement.

6.4 {Reserved.]

6.5 Design-Builder’s PaymentObligations.

6.5.1 Design-Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts Design-Builder has received from Owner on account of their work. Design-Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design-Builder will indemnify and defend Owner against any claims for payment, stop notices, and mechanic’s liens as set forth in Section 7.3hereof.

6.6 SubstantialCompletion.

6.6.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Owner’s receipt of Design-Builder’s notice, Owner and Design-Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof; (ii) the remaining items of Work that have to be completed before final payment; (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner’s and Design-Builder’s responsibility for the Project’s security, maintenance, utilities and insurance pending final payment; and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall not relieve the Design-Builder of the responsibility to complete all work in accordance with the Contract Documents. Failure to include any items on the punch list shall not alter the responsibility of the Design-Builder to complete all Work in accordance with the Contract Documents.

6.6.2Substantial Completion occurs when all of the following conditions have been met:

6.6.2.1 The Design-Builder has submitted and Owner has approved in writing, such approval not to be unreasonably withheld, a certification by the Design-Builder and the lead Design Firm that construction of the Project, excepting the items on the Final Punch List, is complete and in all respects is in compliance with thisAgreement.

6.6.2.2 A preliminary or temporary certificate of occupancy has been issued for the Project, where required by applicablelaw

6.6.2.3 The Design-Builder has delivered to Owner a red-lined set of “as-built” construction record drawings as required by the ContractDocuments

6.6.2.4 All Utilities specified or required under this Agreement to be arranged for by the Design-Builder are connected and functioningproperly

6.6.2.5 The Design-Builder and Owner have agreed in writing upon the Final Punch List (or, if they are unable to agree, Owner shall have prepared and issued the Final Punch List to the Design-Builder within 15 business days of the Design-Builder having submitted its proposed Final Punch List toOwner)
DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

6.6.2.6 The Design-Builder has delivered to Owner written certification from the equipment manufacturers (including information technology systems and instrumentation and controls) that all major items of machinery and equipment included in the Project have been properly installed, performance tested, and commissioned in accordance with the manufacturers’ recommendations, warranties, andrequirements

6.6.2.7 The Design-Builder has submitted written certification that all of the foregoing conditions have been satisfied and Owner has approved the Design-Builder’s certification, which approval shall be effective as of the date of the Design-Builder’s certification.

6.6.3 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion.

6.6.4 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.6.1 above; (ii) DesignBuilder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project; and (iii) Owner and Design-Builder agree that Owner’s use or occupancy will not interfere with DesignBuilder’s completion of the remainingWork.

6.7 Final Completion and FinalPayment.

6.7.1 When the Design-Builder considers that the Work is complete and ready for final inspection, it shall submit a Notice of Final Completion to Owner for inspection with certification that:

6.7.1.1 Work has been completed in accordance with Contract Documents and Certificate of Occupancyissued.

6.7.1.2 Work has been inspected by the Design-Builder for compliance withContract Documents and all Punch List work has beencompleted.

6.7.1.3 All damaged or destroyed real, personal, public or private property hasbeen repaired orreplaced.

6.7.1.4 All required as-builts and close out documents have been submitted and accepted.

6.7.1.5 All operation and maintenance manuals and warranties have been submittedand accepted and all training and commissioning has beencompleted.

6.7.1.6 Work is ready for final inspection byOwner.

6.7.2 Owner will inspect to verify the status of completion with reasonable promptness after receipt of such certifications. The inspection of the Work will be done in accordance with the Contract provisions.

6.7.3 If Owner finds incomplete or defectivework:

6.7.3.1 Owner may, at Owner’s sole discretion, either terminate the inspection or prepare a punch list and notify the Design-Builder in writing, listing incomplete or defectivework.

6.7.3.2 The Design-Builder shall take immediate steps to remedy stated deficiencies. Upon completion and correction of all stated deficiencies, the Design-Builder shall send a second written certification to Owner that work is complete.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

6.7.3.3 Owner will then re-inspect theWork.

6.7.3.4 Owner may, at Owner’s sole discretion, have a separate contractor make corrections and deduct the cost of the corrections from the Design-Builder’s final payment if the work is not promptlycorrected.

6.7.4 Final Acceptance

6.7.4.1 Within 120 days after Substantial Completion, and after Owner has made the final inspection and is satisfied that the Work has been completed in accordance with the Agreement, and is satisfied that all submittals have been made and accepted, all as-builts and record documents have been completed and accepted, all Change Orders executed, all final quantities agreed to, and all other Contract requirements, except for possible future warranty and guarantee work have been accomplished, Owner shall issue a document evidencing FinalAcceptance.

6.7.4.2 If Owner finds the Work to be complete, Owner will issue a letter of Final Acceptance to theDesign-Builder.

6.7.4.3 The Work shall be under the charge and care of the Design-Builder until Owner issues the letter of Final Acceptance unless otherwise approved by Owner. The DesignBuilder shall take every precaution against injury or damage to the Work from the action of the elements or any other cause, whether arising from the execution or non-execution of the Work. The Design-Builder shall rebuild, repair, restore, and make good, at the DesignBuilder's expense, all injuries or damage to the Work occurring before acceptance of the Work.

6.7.5 Upon issuance of a letter of Final Acceptance, the Design-Builder shall submit a Final Application for Payment, and Owner shall make final payment by the time required in the Agreement, provided that Design-Builder has achieved FinalCompletion.

6.7.6 At the time of submission of its Final Application for Payment, Design-Builder shall provide the followinginformation:

6.7.6.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner’s interests;

6.7.6.2 A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of finalpayment;

6.7.6.3 Consent of Design-Builder’s surety, if any, to finalpayment;

6.7.6.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and

6.7.6.5 Certificates of insurance and endorsements confirming that required coverage’s will remain in effect consistent with the requirements of the ContractDocuments.

6.7.7 Upon making final payment, Owner waives all claims against Design-Builder except claims relating to (i) Design-Builder’s failure to satisfy its payment obligations, if such failure affects Owner’s interests; (ii) Design-Builder’s failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion; (iii) the terms of any special warranties required by the Contract Documents; and claims for indemnification arising hereunder.

After the date of Final Acceptance of the Work by Owner, no additional claims or change requests may be submitted byDesign-Builder.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

6.7.8 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the punch list if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and

2.10 herein and shall not be a reason to withhold final payment from Design-Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed..

Article 7
Indemnification

7.1 Patent and CopyrightInfringement.

7.1.1 Design-Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design-Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design-Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Design-Builder in any such action or proceeding. Design-Builder agrees to keep Owner informed of all developments in the defense of such actions.

7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Design-Builder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design-Builder cannot so procure such right within a reasonable time, Design-Builder shall promptly, at Design-Builder’s option and at Design-Builder’s expense, (i) modify the Work so as to avoid infringement of any such patent or copyright; or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright.

7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design-Builder to Owner; or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless Design-Builder to the same extent Design-Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above.

7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright.

7.2 Tax ClaimIndemnification.

7.2.1 If, in accordance with Owner’s direction, an exemption for all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless Design-Builder from and against any liability, penalty, interest, fine, tax assessment, attorneys’ fees or other expenses or costs incurred by Design-Builder as a result of any action taken by Design-Builder in accordance with Owner’s directive. Owner shall furnish Design-Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design-Builder mayrely.

7.3 Payment ClaimIndemnification.

7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Design-Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims, stop notices, or mechanic’s liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim, stop notice, or mechanic’s lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic’s lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim, stop notice, or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys’ fees.

7.4 Design-Builder’s GeneralIndemnification.

7.4.1 To the fullest extent permitted by law, Design-Builder shall defend, indemnify and hold harmless Owner and any and all of Owner’s Council, Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), (collectively, “Loss”) claimed by anyone (including Design-Builder and/or DesignBuilder’s agents or employees) by reason of injury to, or death of, any person(s) (including DesignBuilder and/or Design-Builder’s agents or employees), or for damage to, or destruction of, any property (including property of Design-Builder and/or Design-Builder’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the DesignBuilder’s and/or subcontractor’s performance of the Work on the Project, whether or not contributed to by any act or omission of Owner, or of any of Owner's Council, Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Design-Builder’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Design-Builder to indemnify or hold Owner harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the Owner’s sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Design-Builder’s design professional services as defined in California Civil Code section 2782.8, Design-Builder’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Design-Builder’s negligence, recklessness or willful misconduct in the performance of the Agreement.

7.4.2 For indemnity obligations that arise from professional errors and omissions, DesignBuilder, to the fullest extent permitted by law, shall indemnify Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys’ fees and expenses, for non-party bodily injury, sickness, or death and non-party property damage or destruction (other than to the Work itself) but only to the extent resulting from the negligent acts or omissions of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may beliable.

7.4.3 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design-Builder’s indemnity obligations set forth in Sections 7.4.1 and 7.4.2 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers’ compensation or disability acts.

7.4.4 Design-Builder’s obligation to defend the Owner and the other referenced indemnitees arises at the time such Loss is tendered to Design-Builder by the Owner and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

7.5 Limited Recourse.

7.6.1 None of the obligations set forth in this Agreement (on behalf of any party) constitute personal obligations of any natural persons who are the officers, shareholders, members, partners, employees, or agents of any party unless the natural person is expressly identified as a contracting party. All Parties to this Agreement shall not seek recourse against any natural person described herein. This provision, however, shall not protect such natural persons from liability for willful misconduct, illegal acts or intentional violation of any duty of corporate loyalty.

7.6 Survival ofIndemnities

7.6.1 The provisions of this Article 7 shall remain operative following a termination of all other performance under this Agreement unless specifically extinguished in a writing signed as approved by the Design-Builder, the Owner and itsattorney.

Article 8
Time

8.1 Obligation to Achieve the ContractTimes.

8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of theAgreement.

8.2 Delays to the Work.

8.2.1 If Design-Builder is delayed on the critical path in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design-Builder is responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By way of example, events that will entitle Design-Builder to an extension of the Contract Time(s) include acts or omissions of Owner or anyone under Owner’s control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, and Force MajeureEvents.

8.2.2 In addition to Design-Builder’s right to a time extension for those events set forth in Section

8.2.1 above, Design-Builder may be entitled to an appropriate adjustment of the Contract Price. A delay which is excusable must also meet the requirements for a compensable delay in order to be compensable. A Force Majeure delay is an excusable non-compensable delay. Owner shall make the final determination of Force Majeure delays. A delay due to financial issues of Design-Builder or any of its subcontractors or suppliers, including bankruptcy or insolvency, is not an excusable delay. A non-excusable delay is also non-compensable. A compensable delay must be excusable and meet all of the following requirements:

8.2.2.1 The costs of delay requested could not bemitigated;

8.2.2.2 It was a result of a change directed by Owner, a material breach of the Agreement by Owner or resulting from the active negligence ofOwner;

8.2.2.3 The Contract Documents do not preclude the claimfor compensation;

8.2.2.4 The delay is not concurrent with a delay caused in whole or part by Design-Builder;

8.2.2.5 Design-Builder has satisfied all requirements in the Contract Documents for making a claim for compensation pursuant to a compensable delay in a timely manner DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

8.2.3 Claims for a compensable delay shall not be allowed for any costs incurred if the DesignBuilder fails to notify Owner in writing within seven (7) calendar days of being made aware of the act or event causing the delay. The Design-Builder will have the burden of proving that the delay is both an excusable delay and a compensable delay. If an excusable delay is found to be a compensable delay, Owner will by Change Order extend the Work Completion Time for the increase in the time of performance andwill adjust the total Contract Price. The Change Order will be the Design-Builder’s sole remedy arising out of the compensable delay. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented notice of excusable or compensable delay shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs fromOwner.

8.3 Force Majeure

8.3.1 The term "Force Majeure" as employed herein shall mean an excusable, non-compensable delay which is one of the below listed types, to the extent that the event(s) delays the progress of critical path activities, are beyond the Design-Builder's control, were not anticipatable by DesignBuilder and could not be mitigated by Design-Builder, regardless of the cost of mitigation: acts of God (except as excluded herein), strikes (except those determined by Owner to be within the control of the Design-Builder), lockouts, or other industrial disturbances, acts of public enemies, terrorist acts, wars, blockades, insurrections, riots, epidemics, pandemics, earthquakes, hurricanes, tornadoes, orders by any court, board, department, commission or city or county of the United States or of any State, civil disturbances, explosions, rain or other adverse weather conditions, including fire (except fire which was the responsibility of the Design-Builder).

8.3.2 The Design-Builder's observance of non-sanctioned picket lines or other similar labor actions shall be considered a non-excusable delay under this Contract and, as such, is not a Force Majeure event.

8.3.3 Should either party be rendered unable, either wholly or in part, by an event of Force Majeure to fulfill its obligations under the Contract, the obligation(s) affected by such event of Force Majeure shall be suspended only during the continuance of the Force Majeure event. Suspension of Work is not required for a Force Majeure event. The party so affected shall give notice of the existence, extent and nature of such Force Majeure in writing to the other party within seven (7) calendar days after the commencement of the Force Majeure event. The party so affected shall remedy such inability with all reasonable dispatch and shall use due diligence in this regard. Failure to give such notice shall result in the continuance of such party's obligation regardless of the extent of any existing Force Majeure event. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented notice and description of a Force Majeure event shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs fromOwner.

8.3.4 Nothing within this Article shall restrict the Owner's rights to pursue a termination or suspension pursuant to the ContractDocuments.

8.4 Liquidated Damages [OPTIONAL]
Article 9
Changes to the Contract Price and Time

9.1 ChangeOrders.

9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder, stating their agreement upon all of the following:

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

9.1.1.1 The scope of the change in theWork;

9.1.1.2 The amount of the adjustment to the Contract Price;and

9.1.1.3 The extent of the adjustment to the ContractTime(s).

9.1.2 All changes in the Work authorized by applicable Change Order shall be performedunder the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

9.1.3 The Contract Pricing and Work Completion Time may only be changed by executed Change Order. Change Orders are generally bilateral signed by the Design-Builder and by Owner.

Owner may also issue unilateral Change Orders, should there be an impasse on executing a bilateral agreement or time does not permit furthernegotiations.

9.1.4 No extra work or change in the Contract Documents shall be made unless by a written Change Order approved by Owner. No claim for any change to the Contract Pricing or Work Completion Time shall be valid unless so ordered. A Change Order signed by the Design-Builder conclusively establishes the Design-Builder's agreement therewith, including the adjustment in the Contract Pricing and the Work Completion Time. Owner reserves the right to contract with any person or firm other than the Design-Builder for any or all changed work.

9.1.5 Accord and Satisfaction. It is the intent of Owner to settle each Change Order full and final at the time the Change Order is issued. Therefore, the following language will be deemed incorporated into all ChangeOrders:
"The undersigned hereby proposes and agrees to furnish any and all labor, material and equipment, including all overhead and profit, in strict accordance with the requirements of the original Contract Documents except as specifically above noted otherwise for the sum stated above, and that are required in connection with the above proposedchange.

By signing the Change Order, the Design-Builder acknowledges and agrees, on behalf of himself, all subcontractors, and all suppliers, that the stipulated compensation includes payment for all work contained in the Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, all impacts, and ripple effect of cumulative impact on all other work under this Contract. The signing of the Change Order indicates that the Change Order constitutes the compensation (time and cost) set forth in the Change Order and comprises the total compensation due the Design-Builder, all subcontractors, and all suppliers, for the Work or change defined in the Change Order, including impact on unchanged work. The Design-Builder is in full mutual accord and satisfaction with the change, and that the time and /or cost under the Change Order constitute the total equitable adjustment owed the Design-Builder, all subcontractors, and all suppliers, as a result of the changes. The Design-Builder. on behalf of the Design-Builder, all subcontractors, and all suppliers, agrees to waive all right, without exception or reservation of any kind whatsoever, to file any further Claim related to this Change Order No further Claim or request for equitable adjustment of any type shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the Work under the Contract. The Design-Builder further agrees to indemnify and hold the Owner and its agents harmless from any further Claims, requests for equitable adjustment, or damages raised by subcontractors or suppliers at any tier, as a result of the Work under this Contract. The Design-Builder, on behalf of the Design-Builder, all subcontractors, and all suppliers, expressly waives the benefits of the provisions of Section 1542 of the Civil Code, which reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The Owner and the Design-Builder hereby agree that this Change Order constitutes full mutual accord and satisfaction for all time, all costs, and all impacts related directly to this Change Order." DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

9.1.6 Unilateral Change Order. In case of failure on the part of Owner and the Design-Builder to arrive at an agreement on the amount of a credit or an extra cost for a proposed change to the Contract Documents, a unilateral Change Order will be processed in the amount believed by Owner to be reasonable and the Design-Builder shall proceed with the Work. If the Design-Builder believes that the amount set forth in the unilateral Change Order is not a reasonable payment for the Work required the Design-Builder may file a Claim and request for review in accordance with Article 10.

9.1.7 No oral statement of any person including the Design-Builder's personnel shall in any manner or degree, modify or otherwise affect the terms of this Contract.

9.1.8 Design-Builder’s Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for in this Article. The allowance for overhead and profit shall not exceed the following schedule:

Overhead Profit
Labor = 10 percent 5 percent
Materials = 10 percent 5 percent
Equipment = 10 percent 5 percent

9.1.9 Subcontractor Mark Up - It is understood that labor, materials, and equipment may be furnished by the Design-Builder or by a Subcontractor on behalf of the Design-Builder. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the Subcontractor, to which the DesignBuilder may add 5 percent of the Subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of Subcontractors, the 5 percent increase above the performing subcontractor's total cost which includes the allowances for overhead and profit may be applied one time only.

9.1.10 Equipment Rental Rates – Rental equipment required specifically for the Additional Work.

Whenever possible, changed work will be accomplished using equipment available on-site or owned by the Design-Builder. If no on-site equipment can be used and a specific piece of equipment must be rented to be used exclusively for the changed work, the rental rate that will apply will be the rate shown on the supplier’sinvoice.

9.1.11 No Additional Compensation for Overtime - Except as otherwise provided in this Article, the Design-Builder shall receive no additional compensation for overtime Work (i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week), even though such overtime Work may be required under emergency conditions and may be ordered by the Owner in writing. Owner will pay additional compensation to the Design-Builder for overtime Work only in the event extra Work is ordered by the Owner, and the Change Order specifically authorizes the use of overtime Work and then only to such extent as overtime wages are regularly being paid by the Design-Builder for overtime Work of a similar nature in the same locality.

9.2 Work ChangeDirectives.

9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s).

9.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

9.3 Minor Changes in theWork.

9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained byDesign-Builder.

9.4 Contract PriceAdjustments.

9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the followingmethods:

9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties;

9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation byOwner;

9.4.1.3 Costs, fees and any other markups set forth in the Agreement;or

9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through

9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement.

9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted.

9.5 Emergencies.

9.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9.

Article 10
Contract Adjustments and Disputes

10.1 Requests for Contract Adjustments andRelief.

10.1.1 Claims. For purposes of this Article, “Claim” means a separate demand by the DesignBuilder for one of more of the following: (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Design-Builder pursuant to the Contract, or (C) an amount the payment of which is disputed by the Owner. In accordance with California Public Contract Code Section 20104.2 and Public Contract Code Section 9204, presuming Design-Builder has diligently pursued and exhausted the administrative procedures of the Contract, the procedures in this Article apply to claims between the Design-Builder and the Owner.

10.1.2 If the Design-Builder believes that it is entitled to relief against the Owner for any event DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

arising out of or related to the Work or Project, Design-Builder shall provide written notice to the Owner of the basis for its claim for relief, as provided for in Articles 8 and 9. In the event that the Design-Builder does not accept the Owner's decision on a Change Order Request, the DesignBuilder must within 30 calendar days of a written rejection submit in writing and in electronic form to the Owner with all documentation which it believes relate to the issues it is raising ("Dispute Submittal"). All disputes and negotiations shall be documented by each Party in writing in accordance with the Agreement and shall state each claim specifically, show the calculation and basis for each claim for compensation and the schedule analysis for each schedule demand. Any claim that lacks specific calculation or documentary support will not be considered, and will be a waiver of that claim so that no further administrative or judicial action may be taken. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented Contractor Change Request or Dispute Submittal shall constitute a waiver by DesignBuilder of any claim for additional compensation, time or impact costs from Owner.

10.1.3 Certification of Dispute Submittal. Any claim, including without limitation any claim filed on behalf of or having its source in a claim by subcontractor, sub-subcontractor, or supplier, at any tier, which the Design-Builder chooses to make to Owner, shall be accompanied by the certification language set forth below signed by a responsible managing officer of the Design-Builder's organization, who has the authority to sign subcontracts or Purchase Orders on behalf of the Design-Builder, and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification. Submission of certification in accordance herewith is a condition precedent to Owner's consideration of or decision on the claim and to the filing and maintenance of any legal action or proceeding to enforce or recover monies under such claim.

Failure to submit such a certification along with the claim shall result in the claim being returned to the Design-Builder without any decision, and shall waive the Design-Builder’s right to pursue the claim either on its own behalf or on behalf of such subcontractor or supplier.

10.1.4 The certification shall state: “I hereby certify under penalty of perjury that I am a managing officer of (Design-Builder’s name) and that I have reviewed the Claim presented herewith on Design-Builder’s behalf and/or on behalf of (subcontractor’s/supplier's name(s)) and that the following statements are true andcorrect:

10.1.4.1 The facts alleged in or that form the basis for the Claim are true and accurate; and, Design-Builder does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading;and,

10.1.4.2 Design-Builder has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Design-Builder and by any subcontractor or supplier, of any tier, that is asserting all or any portion of the Claim) and confirmed with mathematical certaintythat the losses or damages suffered by Design-Builder and /or such subcontractor or supplier were in fact suffered in the amounts and for the reasons alleged in the Claim; and,

10.1.4.3 Design-Builder has, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules(including those maintained by Design-Builder and by any subcontractor or supplier, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by DesignBuilder and /or such subcontractor or supplier were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim;and,

10.1.4.4 Design-Builder has not received payment from Owner for, nor has DesignBuilder previously released Owner from any portion of theClaim."

10.1.4.5 Design-Builder SignatureLine
DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

10.1.5 Owner's Response. Upon receipt of a claim pursuant to this Article, the Owner shall conduct a reasonable review of the claim and provide a written response to the Design-Builder within 45 days of the date of the claim, identifying the portion of the claim that is disputed and the portion that is undisputed. Upon receipt of a claim, the Owner and the Design-Builder may, by mutual agreement, extend the time period provided in this subdivision.

10.1.5.1 All amounts that the Owner identifies in its response as undisputed must be processed and paid within 60 days of the Owner’s response. Pursuant to Public Contract Code section 9204(d)(4), if the Owner fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent perannum.

10.1.5.2 If the Owner needs approval from its governing body to provide the Design-Builder a written statement identifying the disputed portion and the undisputed portion of the claim, and the Owner’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to (3) three days following the next duly publicly noticed meeting of the Owner’s governing body after the 45-day period, or extension, expires to provide the Design-Builder a written statement identifying the disputed portion and the undisputed portion.

10.1.6 Meet and Confer. If the Design-Builder disputes the Owner’s written response, or the Owner fails to respond within the time prescribed, the Design-Builder may so notify the Owner, in writing, either within 15 days of receipt of the Owner’s response or within 15 days of the Owner’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

10.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Design-Builder a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to pay within 60 days, undisputed amounts not paid will bear interest at seven percent (7%) per annum. Any disputed portion of the claim, as identified by the Design-Builder in writing, shall be submitted to nonbinding mediation, with the Owner and the Design-Builder sharing the associated costs equally. The Owner and Design-Builder shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a latertime.

10.1.7.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutralmediator.

10.1.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in thissection.

10.1.7.3 Unless otherwise agreed to by the Owner and the Design-Builder in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

10.1.7.4 This section does not preclude the Owner from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’dispute.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

10.1.7.5 The mediation shall be held no earlier than the date the Design-Builder completes the Work or the date that the Design-Builder last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation iscomplete.

10.1.8 Arbitration. Upon receipt of a claim, the Owner and the Design-Builder may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration.

10.2 LegalProceedings

10.2.1 Civil Actions. Procedures for civil actions to resolve claims of $375,000 or less between the City and the Design-Builder are governed pursuant to Public Contract Code Section 20104.4.

10.2.2 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Design-Builder must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Owner. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to the extra Work, disputed Work, construction claims, and/or changed conditions have been followed by the Design-Builder. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the Owner may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Design-Builder last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

10.2.3 Non-Waiver. The Owner’s failure to respond to a claim from the Design-Builder within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of theDesign-Builder.

10.2.4 Forum for Dispute Resolution. It is the express intention of the parties that all legal proceedings related to this Agreement or to the Project or to any rights or any relationship between the parties arising therefrom shall be governed by the laws of the State of California, without regard for conflicts of laws principles, and shall be solely and exclusively initiated and maintained in Los Angeles County Superior Court. The Design-Builder and Owner each irrevocably consents to the jurisdiction of such courts in any such legal proceeding and waives any objection it may have to the laying of the jurisdiction of any such legalproceeding.

10.2.5 The prevailing party in any legal action or proceeding, or any other final, binding dispute proceeding upon which the parties may agree, shall be entitled to recover from the other party actual attorneys’ fees and expenses incurred by the prevailing party.

10.3 Duty to ContinuePerformance.

10.3.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations for undisputed amounts to Design-Builder, pending the final resolution of any dispute or disagreement between Design-Builder andOwner.

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Article 11
Stop Work and Termination

11.1 Owner’s Right to StopWork.

11.1.1 Owner may suspend all or any part of the Work by written order signed by Owner ("Suspension Order"), without invalidating the Agreement, for such period or periods as it may deem necessary due to:

11.1.1.1 Any reason for the convenience of the Owner, with or withoutcause;

11.1.1.2 An order from a state or federal court or a government administrative agency;or

11.1.1.3 The Design-Builder's failure to perform any provision of the Contract Documents.

11.1.2 Upon receipt from Owner of a Suspension Order, the Design-Builder shall, unless the notice requiresotherwise:

11.1.2.1 Immediately discontinue work on the date and to the extent specified inthe notice;

11.1.2.2 Place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in thenotice;,

11.1.2.3 Promptly make every reasonable effort to obtain suspension in terms satisfactory to Owner of all orders, subcontracts and rental agreements to the extent they relate to performance of suspendedwork;

11.1.2.4 Continue to protect and maintain the Work including those portions on which work has been suspended; if the Design-Builder fails to properly provide for publicsafety, traffic, and protection of the Work during periods of suspension, Owner may elect to do so and back charge or deduct the cost thereof from monies due the Design-Builder.Such actions will not relieve the Design-Builder fromliability.

11.1.2.5 Within three (3) days of the receipt of the Suspension Order, submit a suspension plan to Owner for acceptance. The plan shall describe how the DesignBuilder will store all materials in a manner so that the materials will not become an obstruction or become damaged in any way, what cost effective methods it will employ to prevent damage to or deterioration of the Work and otherwise protect the Work, how suitable drainage will be provided, what temporary structures will be necessary, and how the Design-Builder will prepare for resuming the Work for the least possible remobilization cost. After the plan is accepted, the Design-Builder shall implement it in accordance with instructions received from Owner;and

11.1.2.6 Take any and all measures to minimize costs associated with such suspension.

11.1.3 Under no circumstance shall a suspension absolve the Design-Builder or the DesignBuilder's sureties of the duties and responsibilities guaranteed under the performance and payment bond(s). The Design-Builder shall again proceed with the Work when it is ordered to do so in writing by Owner.

11.1.4 Design-Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

stoppage of the Work by Owner. If the Design-Builder intends to assert a claim for compensation or time extension under this Article, it must, and not withstanding any time limitations specified elsewhere in the Contract Documents, within seven (7) calendar days after receipt of notice to resume work, submit to Owner a Contractor Change Request setting forth the schedule impact and monetary impact of the suspension in sufficient detail to permit thorough analysis.

Adjustment of work Completion Time, if appropriate, will be made pursuant to the provisions of the Contract Documents. Adjustment of the not to exceed contract amount, if any, will be within the Owner’s sole discretion and shall not in any event, exceed the cost of the extra work resulting from such suspension. Such cost, if any, shall be determined in accordance with the Contract Documents. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented Contractor Change Request shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs from Owner.

11.1.5 Suspension due to a ruling of City, State or Federal Court -- The Suspension Order will identify the court or agency ruling which caused the suspension, and subject to Owner approval, may extend the Work Completion Time by the stated amount of time specified by the court or agency order. If the ruling causes suspension for an indefinite period of time and as a result a time extension cannot be established, the Suspension Order may also be for an indefinite period of time, subject to Owner approval. If the Suspension Order is issued because of acts or omissions of the Design-Builder, the Design-Builder shall not be entitled to a time extension or payment for any additional costs itincurs.

11.1.6 Suspension Resulting from Design-Builder’s Failure to Perform -- If a Suspension Order results from the Design-Builder's failure to satisfactorily perform any of the provisions of the Agreement, including but not limited to faulty workmanship, safety concerns, improper or inadequate manpower, equipment, supplies or supervision, or failure to perform the Work or pay employees, subcontractors or suppliers in a timely manner, the Suspension Order will identify the reason, or reasons, for the order. In this circumstance, no time extension will be authorized for the Design-Builder and any costs to the Design-Builder resulting from such Suspension Order will not be reimbursed by Owner. A Suspension Order issued under these circumstances will remain in effect until the Design-Builder has removed or corrected the grounds for the suspension, or the Suspension Order expires by itsterms.

11.2 Owner’s Right to Perform and Terminate for Cause.

11.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.

11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design-Builder’s receipt of such notice. If Design-Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design-Builder of suchdeclaration.

11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Ownermay elect to:

11.2.3.1 Enter upon the premises and take possession, for the purpose of completingthe Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, DesignBuilder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to DesignBuilder. Notwithstanding the preceding sentence, Design-Builder will only be entitled to be paid for Work performed prior to its default. If Owner’s cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys’ fees and expenses, incurred by Owner in connection with the re-procurement and defense of claims arising from Design-Builder’s default; or

11.2.3.2 Serve written notice upon the Design-Builder and its surety on its performance bond demanding satisfactory compliance with theContract. i. If the surety assumes the Contract, all money which may becomedue the Design-Builder shall be payable to the surety as the Work progresses, subject to the terms of the Contract.
ii. If the surety does not assume the Contract and commenceperformance of the Work within twenty-one (21) days after receiving the Owner’s notice and demand, or fails to continue to comply, the Owner may remove the surety from the premises. If the surety bond has provisions contrary to this right, then the 60 day time limit stated elsewhere in this Contract shall apply.
iii. Upon any Surety default, Owner may then take possession of allmaterial and equipment and complete the Work by use of its own forces, by letting the unfinished work to another Design-Builder, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Design-Builder and its surety and may be deducted from any money due or becoming due from the DesignBuilder. If the amount unpaid under the Agreement is insufficient for completion, the Design-Builder or surety shall pay to Owner within five (5) days after the completion and an itemized demand for payment from Owner, all costs and damages incurred by Owner in excess of the amount unpaid under the Agreement.

11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Section 11.6 hereof.

11.3 Bankruptcy of Owner orDesign-Builder.

11.3.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the “Bankrupt Party”), such event may impair or frustrate the Bankrupt Party’s ability to perform its obligations under the Contract Documents. Accordingly, should such event occur:

11.3.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non-Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

11.3.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute suchaction.

If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this Article 11.

11.3.2 The rights and remedies under Section 11.3.1 above shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these GeneralConditions.

11.3 [Reserved.]

11.4 Termination forConvenience.

11.4.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for thefollowing:

11.4.1.1 All Work executed and for proven loss, cost or expense in connection with the Work;

11.4.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants;and

11.4.1.3 The amount set forth in Article 8 of theAgreement.

11.4.2 If Owner terminates this Agreement pursuant to Section 11.4.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 4.3 of the Agreement. Such rights may not be transferred or assigned to others without Design-Builder’s express written consent and such third parties’ agreement to the terms of Article 4 of theAgreement.

Article 12
Electronic Data

12.1 Electronic Data.

12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design-Builder and others in electronic media as an alternative to paper hard copies (collectively “ElectronicData”).

12.2 Transmission of ElectronicData.

12.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Data.

12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated orinterpreted.

12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party oftangible goods.

12.3 Electronic DataProtocol.

12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error.

Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3.

12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, including file conventions and document properties, unless otherwise agreed upon in writing.

12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project.

12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration.

Article 13
Miscellaneous

13.1 ConfidentialInformation.

13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. For avoidance of doubt, all data and information provided or made accessible to Design-Builder by Owner, shall be deemed to be confidential information and may only be disclosed DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

as required to perform the Work, or as required by law.

13.1.2 The parties understand that all the material provided or produced under this Agreement may be subject to the California Public Records Act, Cal. Government Code section 7920.000, et seq., and that in the event of a request to the Owner for disclosure of such information, the Owner shall advise the Design-Builder of such request in order to give the Design-Builder the opportunity to object to the disclosure of any of its proprietary or confidential material. In the event of the filing of a lawsuit to compel such disclosure, the Owner will tender all such material to the court for judicial determination of the issue of disclosure and the Design-Builder agrees to intervene in such lawsuit to protect and assert its claims of privilege against disclosure of such material. The Design-Builder further agrees to defend, indemnify and save and hold harmless the Owner, its council, officers, agents and employees, from any claim, damages, expense, loss or costs arising out of the DesignBuilder’s intervention to protect and assert its claims of privilege against disclosure under this Article including, but not limited to, prompt reimbursement to the Owner of all reasonable attorney fees, costs and damages that the Owner may incur directly or may be ordered to pay by such court.

13.2 Assignment.

13.2.1 Neither Design-Builder nor Owner shall, without the written consent of the other assign, transfer or sublet any portion or part of the Work or the obligations created by the Contract Documents.

13.3 Successorship.

13.3.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns.

13.4 Governing Law.

13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the State of California, without giving effect to its conflict of lawprinciples.

13.5 Severability.

13.5.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted.

13.6 No Waiver.

13.6.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance.

13.7 Headings.

13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision.

13.8 Notice.

13.8.1 Whenever the Contract Documents require that notice be provided to the other party, notice DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice; (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement; or (iii) if transmitted by facsimile, by the time stated in a machine-generated confirmation that notice was received at the facsimile number of the intended recipient.

13.9 Amendments.

13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of eachparty.

13.10 Time is of the Essence. Time is of the essence in each term of this Agreement.

13.11 No Third PartyBeneficiary

13.10.1 It is expressly understood and agreed that the enforcement of the terms and conditions of the Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Owner and the Design-Builder, and that nothing contained in the Contract shall give or allow any claim or right of action by any other or third person under the Contract. It is the express intention of the Owner and the Design-Builder that any member of the public, subcontractor, supplier, material man, tradesman, vendor or other person or entity other than the Owner or the Design-Builder receiving services or benefits under the Contract shall be deemed to be an incidental beneficiary only. The foregoing shall not, however, impair Owner's status as a third party beneficiary of subcontracts of any tier for the performance of work or delivery of services, material or equipment to the Project.

13.11 Labor and PrevailingWages

13.11.1 California Labor CodeCompliance

13.11.1.1 Public Work
The Design-Builder acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Design-Builder shall perform all Work on the Project as a public work. The Design-Builder shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.

13.11.1.2 Copies of WageRates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work, the Design-Builder acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Design-Builder shall post such rates at each job site covered by these ContractDocuments.

The Design-Builder shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Design-Builder shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Design-Builder or by anySubcontractor.

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Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

13.11.1.3 Payroll Records
The Design-Builder shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Design-Builder and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Design-Builder has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Design-Builder shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

The Design-Builder and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Design-Builder and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.

13.11.1.4 Hours of Labor
The Design-Builder acknowledges that eight (8) hours labor constitutes a legal day’s work.

The Design-Builder shall comply with and be bound by Labor Code Section 1810. The Design-Builder shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Design-Builder shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Design-Builder or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Design-Builder in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate ofpay.

13.11.1.5 Apprentices
The Design-Builder shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Design-Builder shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, theDesign-Builder shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Design-Builder and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. Design-Builder is also required to comply with the requirements of Public Contract Code Section 22164(c)(1) requiring the use of a skilled and trained workforce as defined in Public Contract Code Section 2600, et seq. See Section 13.12,below.

13.11.1.6 Debarment orSuspension
The Design-Builder shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Design-Builder and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

for the debarment of contractors from public works. If the Design-Builder or any Subcontractor becomes debarred or suspended during the duration of the Project, the Design-Builder shall immediately notify the City.

13.11.1.7 Registration with theDIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

13.11.1.8 Compliance Monitoring and Posting JobSites
This Project is subject to compliance monitoring and enforcement by the DIR. The DesignBuilder shall post job site notices, as prescribed byregulation.

13.11.1.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Design-Builder shall be responsible for such Subcontractor’s compliance with the requirements set forth above, and Labor Code Sections 1860 and 3700, and the Design-Builder shall include in the written Contract between it and each Subcontractor a copy of these provisions and a requirement that each Subcontractor shall comply with those provisions. The DesignBuilder shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages, the Design-Builder shall diligently take corrective action to halt or rectify any failure.

13.12 Use of Skilled and Trained WorkforceRequired

13.12.1 At all times herein, Design-Builder shall comply with the provisions of Public Contract Code Section 22164(c)(1), which requires Design-Builder and its subcontractors at every tier to use a skilled and trained workforce to perform all work on this Project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code Section 2600, et seq.

13.13 Mandatory Terms

13.13.1 Public Contract Code. Pursuant to Public Contract Code Section 7103.5, Design-Builder offers and agrees to assign to Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Owner tenders final payment to Design-Builder without further acknowledgment by the parties.

Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Design-Builder shall promptly and before the following conditions are disturbed notify the Owner in writing of any:

DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

a. Material that Design-Builder believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;and/or b. Subsurface or latent physical conditions at the site differing from those indicated; and/or c. Unknown physical conditions at the site ofany unusual nature, different materiallyfrom those ordinarily encountered and generally recognized as inherent in work of the character provided for in theContract.

The Owner shall promptly investigate the conditions, and if the Owner finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in DesignBuilder’s cost of or the time required for performance of any part of the work the Owner shall issue a change order.

Pursuant to Public Contract Code Section 9201, the Owner has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The Owner shall timely notify Design-Builder of the receipt of any third-party claim relating to the Contract. The Owner shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b).

Additionally, pursuant to Government Code Section 8546.7, since this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), Design-Builder shall be subject to State Auditor examination and audit at the request of the Owner or as part of any audit of the Owner, for a period of three (3) years after final payment under this Contract.

13.13.2 Other Statutorily RequiredTerms.

As required by Labor Code Section 6705, and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, DesignBuilder shall submit for acceptance by Owner in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Design-Builder, and all costs therefor shall be included in the price of the Contract.

Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the Owner or on any Owner officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Design-Builder’s responsibility.

The methods used and costs involved to locate existing elements, points of connection and all construction methods are Design-Builder’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Design-Builder, at its sole expense, must make all investigations necessary to determine locations of existing elements, which requires compliance with Government Code Section 4216, et seq., and includes, without limitation, contacting regional notification center(s) such as DigAlert, and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching. Pursuant to Government Code Section 4215, the Owner acknowledges its responsibilities with respect to locating, relocating, removing or protecting utility facilities on the site of the Project, if it entails construction and such utilities are not identified by the Owner in writing prior to commencement of construction.

Design-Builder agrees not to accept any employment or representation during the term of this DBIA Document No. 535
Standard Form of General Conditions of Contract Between Owner and Design-Builder © 2022 Design-Build Institute of America

Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Design-Builder “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by Owner on any matter in connection with which Design-Builder has been retained pursuant to this Contract. © 2025 Design-Build Institute of America
Exhibit A
Design-Builder’s Proposal and fixed Design-Build Price
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum

City of Agoura Hills

PROJECT PROPOSAL FOR DESIGN/BUILD

SERVICES FOR THE AGOURA HILLS CIVIC CENTER

MICROGRID PROJECT
April 16, 2026
SitelogIQ | Table of Contents
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project TABLE of CONTENTS

1. Transmittal Letter ............................................................................................................................................5

2. Executive Summary .................................................................................................................................7

3. Design-Build Team Structure and Key Personnel ................................................................................. 10

4. Firms Qualifications, Capacity and Experience...................................................................................... 18

5. Service Approach/Scope of Work ................................................................................................................. 25

6. References ..................................................................................................................................................... 35

7. Conflict of Interest & Litigation ................................................................................................................ 37

8. Appendix & Supplemental Materials ...................................................................................................... 39 3 SitelogIQ | 1: Transmittal Letter
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project April 16, 2026
City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
RE: Request for Proposals – Design/Build Services for the Agoura Hills Civic Center Microgrid Project
Dear Members of the Selection Committee,
SitelogIQ, Inc. (“SitelogIQ”) is pleased to submit this proposal to deliver the Agoura Hills Civic Center Microgrid Project. We recognize the importance of this project in ensuring continuity of operations for critical City functions and Emergency Operations Center (EOC) activities and we are prepared to provide a resilient, performance-driven solution alignedwiththe City’sobjectives and federal funding requirements.

SitelogIQ commits the full availability of the key personnel identified in this proposal for the duration of the Project. Our team is intentionally structured to provide experienced leadership, technical expertise and disciplined execution, ensuring accountability across all phases of design, construction, commissioning andclose-out.

The individual authorized to negotiate and execute a contract on behalf of SitelogIQ is:

John Gajan, PE
President, West Energy
SitelogIQ, Inc.
1651 Response Rd., Ste 300
Sacramento, CA 95815
Phone: 925.397.4461
The primary point of contact for this proposal and all follow-up correspondence is:

Jonathan Brown, PE, LEED AP
Vice President, West Energy
SitelogIQ, Inc.

Phone: 626.676.8601
Email: [email protected]
This proposal issubmitted by SitelogIQ and is executed by an authorized representative with full authority to bind the firmcontractually.

SitelogIQ agreesthat this proposal, including terms, conditions and pricing,shall remain a firm offerfor a period of one hundred eighty (180) daysfromthe date ofsubmission.

We are ready to move forward immediately upon selection and partner with the City to deliver a reliable, compliant and fully operational microgrid within the required timeframe.

Sincerely,
SitelogIQ, Inc.

John Gajan, PE
President, West Energy
5 SitelogIQ | 2: Executive Summary
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 7 AProvenPathto72-HourCivicCenter
Resiliency
SitelogIQ will deliver an integrated microgrid
that ensures the Agoura Hills Civic Center
remains operational during extended power
outages, enabling uninterrupted Emergency
Operations Center (EOC) functionality and
continuous delivery of critical City services
when they are needed most.

This project requires certainty across three
critical dimensions: system performance,
federal compliance and schedule execution.

SitelogIQ’s approach is specifically structured
to deliver all three under a single point of
accountability, providing the City with a clear
and reliable path from design through longterm operation.

Our solution is engineered to sustain essential
Civic Center operations for a minimum
of 72 consecutive hours under real-world
outage conditions. The system integrates
solar generation, battery energy storage and
advanced microgrid controls tomaintain
continuity of operations duringwildfire events,
Public Safety Power Shutoffs and extended
grid disruptions. The design is grounded in
conservative load assumptions, operational
flexibility and performance validation to
ensure that critical systems—including EOC
operations, communications, life safety
and essential building functions—remain
operational throughout the duration of an
outage.

The proposed system includes approximately
155 kW of rooftop solar photovoltaic generation
integrated with a 415 kW / 1,672 kWh battery
energy storage system and advanced
microgrid controls. The battery system is
strategically located in an exterior, codecompliant configuration to simplify permitting, enhance safety and improve constructability.

This architecture enables coordinated control
of generation, storage and facility loads to
ensure stable islanded operation, transition
during outages and sustained performance
throughoutextendedevents.

SitelogIQ delivers this project through a
disciplined, integrated design-build model that
aligns engineering, procurement, construction
and compliance from the outset. Critical
path activities including load validation,
utility coordination, permitting and long-lead
Civic Center operations for a minimum of 72 hoursduring extended power City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 8 equipment procurement are advanced early
to reduce schedule risk and maintain delivery
certainty. This approach ensures the project
is fully executable and aligned with the City’s
required completion date of September 11,
2027, with sufficient time for commissioning,
acceptance and grant close-out.

Federal compliance is embedded directly
into project delivery.Ourteamhas extensive
experience managing federally funded
infrastructure projects, maintaining auditready documentation, aligning procurement with federal requirements and supporting
successful reimbursement and close-out. This
integrated approach reduces administrative
burden on the City while ensuring full
compliance with FEMA and Cal OES
requirements and minimizing risk associated
with funding eligibility.

To support the City’s funding considerations,
SitelogIQ has developed two implementation
pathways. Option A provides a City Hallfocused resiliency solution that approaches available funding levels when combined
with potential Inflation Reduction Act (IRA)
incentives.OptionBdeliversacomprehensive
microgrid solution supporting both City
Hall and the Library, fully meeting the City’s
requirementfor72-hourresiliency acrossthe
CivicCenter.

Based on current guidance, the Project
may be eligible for IRA incentives of up to
approximately 50 percent of qualifying project
costs through direct pay provisions, assuming
compliance with prevailing wage, domestic
content and energy community requirements.

These incentives significantly improve project
affordability and provide a viable pathway to
delivering a fully compliant solution within the
City’s broader funding strategy.

SitelogIQrecommendsOptionBasthe
solutionthatfullyalignswiththeCity’s
performance requirements, operational
priorities and long-term resiliency objectives.

We are prepared to work collaboratively with
the City to structure the Project in a manner
that maximizes available funding while
maintaining full compliance, performance
assurance and delivery certainty.

The result is a practical, executable microgrid
solution that strengthens resilience, reduces
operational risk and ensures the Civic Center
can continue to serve the community under all
conditions. SitelogIQ provides the City with a
clear, accountable path from project initiation
through commissioning and long-term
operation.

SitelogIQ | 3: Design-Build Team
Structure and Key Personnel
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 10 ClearLeadership,NoGaps
Integrated Project Leadership and
Design-Build Team
We have assembled a highly qualified, integrated
design-build team structured to provide the City
of Agoura Hills with clear accountability, consistent
leadership and seamless coordination from project
initiation through commissioning and closeout. Our
team is intentionally organized to align technical
execution, construction delivery and federal
compliance under a unified management approach
that supports schedule certainty, regulatory
adherence and long-term system performance.

At the core of thisstructure is our dedicated Project
Manager, Nate Gustus, who will serve as the City’s
primary point of contact and provide day-to-day
leadership, coordination and oversight across all
phases of the project. Nate will be fully engaged and
readily available, ensuring that design progression,
construction activities and stakeholder coordination
remain aligned with City priorities, project
milestones and operational needs.

Supporting this effort, Jeff Dennis will serve as
the Federal Compliance Lead, providing focused
expertise in federally funded project delivery,
documentation and audit readiness. Jeff will
work closely with the project team to integrate
compliance requirementsinto all phases of work,
ensuring that funding conditions, reporting
standards and documentation protocols are
proactively managed and consistently maintained.

Together, this leadership structure is supported
by a multidisciplinary team of in-house engineers,
construction managers, energy specialists and
technical experts who bring extensive experience
delivering solar, battery storage and resilient
energy infrastructure for California public agencies.

Our design-build model ensures that all team
members are aligned under a single contract and
coordinated approach, reducing risk, streamlining
communication and enabling efficient decisionmaking throughout the project lifecycle.

This team is specifically structured to address
the City’s highest priorities: reliable microgrid
performance, strict federal compliance and ontime delivery within a non-extendable funding window. Each key member brings direct experience
with public-sector energy infrastructure, ensuring
the City receives both technical expertise and
disciplined execution from project initiation through
close-out.

The picture can't be displayed.

President

LEED AP
Oversight Lead
Ed Duncan
Subcontractors
Technicians
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Organizational Chart
Henry Grek, PE, CEM,

LEED AP
Vice President,
Engineering

DESIGN & ENGINEERING
Charlie Oliver,

LEED AP, CEM
Director of Engineering
Scott Clemons, PE
Sr. Electrical Engineer
Jocelyn Powell
Interconnections
Specialist
Consultants

PROCUREMENT
Alice McCoy
Procurement Manager
Vendors & Suppliers

IMPLEMENTATION COMMISSIONING & START-UP OPS & MAINTENANCE 11 Start-Up
12 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Nate Gustus, CEM, CMVP
Project Manager, West Energy
Background:Nate Gustus has spent more than eight years working in the solar and clean energy industry, focusing on project operations, construction management and day-to-day coordination with clients and field teams. He has managed complex projectsfor cities, counties and special districts,serving in both Program Manager and ConstructionManagerroles.

LengthofTime
with the Firm
6 Years
Percentage of
Time Dedicated to
the Agoura Hills
Project
>85%
Education
BA, Environmental
Studies Loyola
University, Chicago
AS, Electrical
Technology, Diablo
Valley College
With both NABCEP and OSHA 30 certifications, Nate brings a strong understanding of safety, sequencing and field logistics. He’s known for keeping teams organized, anticipating issues before they reach the jobsite and helping clients navigate technical decisions with clarity. His background blends hands-on construction knowledge with the ability to keep multi-disciplinary teams aligned and moving in the same direction.

Nate has extensive experience working with public agencies across California, managing solar, battery storage and energy efficiency projectsfor cities and counties.

Role and Responsibilities: Nate supports overall program and project strategy, leads construction planning and identifies the resources needed to keep work on schedule. He manages communication across teams, facilitates project updates and works closely with clients to ensure the project stays consistent with their goals. Nate oversees field coordination, helps resolve issues as they arise and maintains steady, clear communication from kickoff through closeout.

License/Certifications
3 OSHA30-Hour
LengthofTime
with the Firm
4 Years
Percentage of
Time Dedicated to
the Agoura Hills
Project
5%
Education
BS, Mechanical
Engineering,
California
Polytechnic
Institute, Pomona
Jonathan Brown, PE, CEM, LEED AP
Vice President, West Energy
Background: Jonathan Brown is a Professional Engineer (PE), Certified Energy Manager (CEM) and a LEED Accredited Professional (AP) for Building Design and Construction. He has 20+ years of industry experience, including with project development, design, implementation and O&M. Overthe lastfive years,Jonathan has developed and implemented over 100 MWs ofsolar energy generation systems and 10 MWsof battery energy storage systems.

RoleandResponsibilities:Jonathan will provide executive oversightthroughout the project development and implementation process. Jonathan’s primary responsibility is to ensure alignment between the City of Agoura Hills’ objectives and our company’s commitment to delivering high-value, sustainable energy solutions. He will serve as the key liaison between City leadership and our internal teams, facilitating clear communication, addressing stakeholder priorities and ensuring contractual and project goals are achieved. His role is to oversee strategic direction, maintain accountability and foster a collaborative partnership focused on long-term success.

License/Certifications
3 California Professional Engineer #M32835
3 Certified Energy Manager (CEM), Association of Energy Engineers 3 Leadership in Energy and Environmental Design Accredited Professional (LEED 13 AP), U.S.

Green
Building
Council
14 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project John Gajan,PE
President, West Energy
Background: John Gajan is a senior executive with more than 30 years of experience in energy services, renewable energy and energy efficiency. He has a proven record of building market-leading organizations and delivering projects safely, on budget and with consistent results. His expertise covers the full project lifecycle including sales, project development, engineering, construction and longLengthofTime with the Firm
5 Years
Percentage of
Time Dedicated to
the Agoura Hills
Project
As Needed
Education
BS, Engineering US
Merchant Marine
Academy
term operations and maintenance (O&M).

John is a licensed Professional Engineer (Mechanical) with deep experience in design and construction, project management, project development and engineering and planning.

RoleandResponsibilities:Johnprovidesexecutiveoversight,ensuringalignment between project delivery, client objectives and SitelogIQ’s performance standards.

He supports strategic decision-making, resource allocation and executive-level coordination with City leadership.

Licenses
3 California Professional Engineer #M28891
Professional Memberships & Associations
3 American Society of Heating, Refrigeration & Air Conditioning Engineers (ASHRAE) 3 Construction Management Association of America (CMAA) LengthofTime
with the Firm
6 Years
Percentage of Time
Dedicated to the
Agoura HillsProject
Primary Focus, As
Needed
Education
MBA, Business
Administration,
University of Alaska,
Anchorage
BS, Civil Engineering
Jeff Dennis
Federal Compliance Lead
Background: Jeff Dennis offers over 28 years of experience in General and Government Contracting being a director and manager of IDIQ projects for clients like the FAA, DOE and USACE. Included with his portfolio of successfully delivered projects, are a number of challenging ESPC projects, Environmental Restorations (CERCLA), airports, hospitals and commercial real estate. By leading organizations to deliver obligations on time and on budget, his employers have received excellent CPARS reviews. While no two projects are alike, adherence to standard work, lean construction principles and a can-do attitude are the keysto success.Jeff is a Six Sigma Lean Expert and holds both a BS, Civil Engineering and a master’s in Business Administration from the University of Alaska Anchorage.

RoleandResponsibilities:JeffisresponsibleforourFederalProjectcomplianceand will ensure requirements are met to secure funding for this program. 15 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Keegan Gothie, CEM
Project Development, West Energy
Background: KeeganGothiehas overfiveyearsofengineering andconsulting experience in the energy industry related to educational, municipal, commercial and residential developments. He earned his MS, degree in Energy and Environmental Management and a Graduate Certificate in Sustainable Environmental Planning and Management from the University of Connecticut.

Length of Time
with the Firm
2 Years
Percentage of Time
Dedicated to the
Agoura HillsProject
25%
Education
MS, Energy and
Environmental
Management,
University of
Connecticut
RoleandResponsibilities: Keeganidentifies andbuilds opportunitiesforprojects primarily in the local government and K-12 spaces. These projects incorporate photovoltaic systems, battery energy storage systems, EV chargers, HVAC systems, lighting fixtures, controls and other energy conservation measures. Specific responsibilities related to these projects include performing energy engineering analyses and assessments, calculating financial performance, pinpointing procurement opportunities, coordinating with clients and subcontractors and determining overall project feasibility.

Certifications/Registrations
3 Certified Energy Manager (CEM) – Association of Energy Engineers 3 EPASection 608, Type II – CalCERTS, Inc.

LengthofTime
with the Firm
4 Years
Percentage of Time
Dedicated to the
Agoura HillsProject
As Needed
Education
AS, Construction
Management,
San Joaquin Delta
College
Richard Martinez
Safety Manager, West Energy
Background: Richard Martinez is a U.S. Navy Seabee veteran with extensive expertise in construction management and project leadership. A results-oriented Project Manager, he brings decades of experience directing subcontractor teams through every phase of construction. As a Construction and Safety Manager, he has specialized in ESCO projects, collaborating with architects, engineers and field staff to deliver multimillion-dollar HVAC, solar and heavy construction projects successfully.

RoleandResponsibilities: Richard ensures construction projectsstay on track by coordinating daily reporting and site walks with Superintendents to maintain safety and quality standards. He plans and schedules field coverage, confirming site presence two weeksin advance and works closely with subcontractorsto align schedules. Building strong relationships with project owners, he keeps projects within scope and ensures all work meets required plans and specifications. He also answers contractor questions in the field, submits RFIs when needed, tracks addendums and modifications and supports the team through every phase ofthe project from development and bidding to design, implementation, commissioning and warranty.

License/Certifications
3 OSHA 30-Hour
3 California Contractor B, C-36 General and Plumbing #819721 16 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Scott Clemons,PE
Senior Electrical Engineer, WestEnergy
Background:ScottClemonsgraduatedfromCaliforniaPolytechnicStateUniversity with a Bachelor of Science in Electrical Engineering and focused in Power Systems, Photovoltaic Systems Design and Sustainable EnergyConversion.

He has over 10 years of experience designing projects including solar, advanced LengthofTime
with the Firm
2 Years
Percentage of
Time Dedicated
to the Agoura
Hills Project
50% Through
Engineering
Phase
Education
BS, Electrical
Engineering,
California State
University, San
Luis Obispo
LengthofTime
with the Firm
3 Years
Percentage of
Time Dedicated to
the Agoura Hills
Project
>90%
Education
BS, Administration/
Real Estate-Land
Use, California
State University,
Sacramento
energy storage, fuel cell, electric vehicle charging, microgrid applications and general building industry design. He serves as a leading resource in electrical design, utility coordination and renewable power applicationsfor public agencies, grant funded programs and private clientele.

RoleandResponsibilities:Scottwillberesponsibleforprojectdesign,coordination with subcontractors, quality control and quality assurance of solar installation, Microgrid coordination, electrical service assessments and energy storage validation.

License/Certifications
3 California Professional Engineer #E23777
3 OSHA 30-Hour
Ed Duncan
Construction Manager, West Energy
Background: Ed Duncan is a highly experienced construction professional with over 35 years of expertise across commercial and residential sectors. His skill set includes project management, site supervision, design/build delivery, permit processing and thorough knowledge of regulatory codes.

Ed is recognized for his strong leadership, customer service and safety-first approach. He is proficient in key project management tools including Procore and StructionSite and consistently delivers high-value projects while fostering lasting client relationships.

Role and Responsibilities: Ed is responsible for day-to-day site operations, ensuring that each jobsite is safe, compliant and progressing according to plan.

Ed monitors contractor performance, oversees schedule adherence and manages onsite quality control to ensure all construction activities meet the City’s standards and expectations. He resolves field issues in real time, coordinating among trades and project partners to maintain momentum and avoid costly delays. Ed facilitates regular site meetings and reporting with City’s representatives, architects and inspectors, promoting transparency and accountability. From groundbreaking through final walkthrough, he serves as the City’s eyes and ears on the ground, safeguarding project integrity and ensuring the delivery of high-quality environments for City staff.

License/Certifications
3 OSHA 30-Hour
3 CPR Certified
17 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Lesley Soekland, MBA
Director of Operations, West Energy
Background: Known for her can-do attitude and ability to drive projects, Lesley Soekland has successfully executed over $140M in solar projects since starting with SitelogIQ in 2015, including a single $30M project built in just 9 months.

With varied experience across the construction industry (general contracting, LengthofTime
with the Firm
11 Years
Percentage of
Time Dedicated to
the Agoura Hills
Project
10%
Education
MBA, University of
Phoenix
BS, General
Engineering,
California State
University, San Luis
Obispo
mechanical, alarm, residential solar), Lesley is a leader in project planning and a natural coach for her colleagues. As a team member, Lesley is highly valued by all departments from Sales and Development through Construction, Operations and Maintenance.

In addition, from 2015-2020, she served as project manager (working with customers and design teams to get the project completed), construction manager (working in the field with subcontractors to resolve issues and coordinate with customer personnel onsite), quality control manager(validating installations were completed according to plan, code and to SitelogIQ standards) andcommissioning agent (verifying the monitoring systems were operational and system performance met expectations) on all her projects.

RoleandResponsibilities: Lesley drives SitelogIQ’s best-in-class project delivery process and ensures the successful execution of projects to clients on-time and onbudget. As a working director, Lesley is both responsible for the operations team and for managing several of her own projects.

Certifications/Registrations
3 OSHA 30-Hour
SitelogIQ | 4: Firms Qualifications,
Capacity and Experience
350+
public-sector
clients
$5B
total project value
11,100+
customer sites
delivered
A Summary of the Firm’s Experience Providing Similar
Design-Build Services for California Cities or Public Agencies Within the Past Five (5) years, Including References
SitelogIQ has extensive experience delivering turnkey design-build energy solutions for California cities, counties and public agencies, with a strong focus on integrated solar, battery storage and microgrid systems that enhance resilience, reduce operating costs and support long-term sustainabilitygoals.

These projects demonstrate our ability to deliverresilient, high-performance energy systems in complex municipal environments where continuity of operations is critical. Our experience includes integrating solar, battery energy storage and microgrid controls to support emergency operations, maintain essential services during outages and meet strict regulatory and funding requirements.

We bring a proven ability to navigate permitting, interconnection and federal compliance processes while maintaining schedule and cost control. This experience directly supports the successful delivery of the Agoura Hills Civic Center Microgrid, where reliability, accountability and timely completion are essential.

These projects reflect SitelogIQ’s ability to deliver resilient energy infrastructure for public agencies where continuity of operations is critical.

Each project demonstrates our experience integrating solar, battery storage and microgrid controls to support essential services, reduce operational risk and maintain performance during grid outages.

19 1|
C Project
Project Description:

SitelogIQ is delivering a solar photovoltaic canopy
system integrated with battery energy storage at
the Harmony Grove Wastewater Treatment Plant
to support critical infrastructure operations and
improve energy resilience. The system is designed
to maintain essential wastewater services during
outages while reducing long-term energy costs.

Outcome: The project provides on-site renewable
generation paired with battery storage to
maintain continuous operation of critical
treatment processes during grid disruptions.

Benefit toClient:Improvedresilience foressential
public health infrastructure, reduced operational
risk during outages and long-term energy cost
stability.
nt Center Energy Project
Project Description:

SitelogIQ delivered a fully integrated microgrid
at the Yuba County Government Center Campus,
combining 625 kW of on-site solar generation
with a 374 kW / 1,674 kWh battery energy
storage system (BESS) and an existing 250 kW
diesel generatorto provide reliable, coordinated
energy management. This system was designed
to support critical County operations while
improving overall energy resilience and efficiency.

Outcome: The integrated system enables
seamless coordination between solar, battery
storage and backup generation, providing reliable
power and maintaining operations during grid
interruptions.

Benefit toClient: Enhanced resilience for critical
government services, reduced operational risk
during outages and improved long-term energy
management and cost control.
▶ Status: In construction (2024-Ongoing)
▶ Reference: Clint Baze, General Manager
| 760.745.5522
▶ Status: Completed (2022-2024)
▶ Reference: Sean Powers, Assistant
County Administrative Officer |
530.749.7575 | [email protected]
20 C Project
olar and Microgrid Project
Project Description:

SitelogIQ is partnering with the Middletown
Rancheria to design and implement a community
microgrid anchored by a 696 kW solar photovoltaic
(PV) system, developed to improve resilience in a
wildfire-prone region vulnerable to Public Safety
Power Shutoffs. The system provides reliable,
renewable energy to support critical community
operations and reduce dependence on external
utilities.

Outcome: The microgrid delivers consistent on-site
generation capable of sustaining essential services
during extended outages and grid instability.

Benefit to Client:Increased community resilience,
improved energy independence and enhanced
safety and continuity of services during emergency
conditions.
newable Energy and Storage System
Project Description:

SitelogIQ is delivering a renewable energy and
battery storage systemforthe City ofGardena’s
GTrans facility, integrating solar generation
and energy storage to support continuous
transit operations in a high-demand municipal
environment. The system is designed to improve
operational resilience while supporting the City’s
transition to more sustainable infrastructure.

Outcome: The project will provide reliable onsite energy generation and storage, supporting uninterrupted transit operations and reducing
dependency on the utility grid.

Benefit to Client: Improved reliability of critical
transportation services, reduced energy costs and
enhanced resilience against power disruptions.
▶ Status: In construction (2025-Ongoing)
▶ Reference: Jose (Moke) Simon III, Tribal
Chairman | 707.987.3670 |
[email protected]
▶ Status: Ongoing
▶ Reference: Rachel Yoo, Transit
Adminstrative Supervisor | 310.965.8803
| [email protected]
21 5|
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Additional Projects
City of Indian Wells Energy Infrastructure Program
Indian Wells, CA
Project Description:

SitelogIQ implemented a comprehensive energy
infrastructure program for the City of Indian
Wells, integrating solar photovoltaic systems,
battery energy storage and HVAC improvements
to enhance operational efficiency and resilience
across municipal facilities.

Outcome: The project reduced overall energy
demand while providing on-site generation and
storage to support facility operations during peak
demand periods and potential outages.

Benefit to Client: Lower operating costs,
improved energy efficiency and increased
resilience for critical municipal infrastructure.

City of Palmdale BESS & Microgrid Project
Palmdale, CA
Project Description:

SitelogIQ supported the City of Palmdale in
implementing a battery energy storage and
microgrid solution designed to strengthen
operational reliability and improve energy
management across municipal facilities. The
system enhances the City’s ability to manage load
and respond to grid instability.

Outcome: The project provides improved load
management capability and backup power
support for essential services during grid
disruptions.

Benefit to Client: Enhanced system reliability,
reduced energy costs and improved continuity of
operations during outages.
6|
22 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project A Brief Description of the Firm’s
Technical and Managerial Capabilities
Relevant to Solar, Battery Energy
Storage, Microgrids and Federally
Funded Projects
Our technical and managerial capabilities are
rooted in an integrated delivery model that brings
engineering, construction, commissioning and
ongoing operations under a single team. We
provide in-house expertise in solar PV design,
battery energy storage systems, microgrid
controls, utility interconnection and performance
optimization. Our team is also experienced
in delivering federally funded projects, with
established processes for grant compliance,
documentation, reporting and auditreadiness. This
approach supports efficient coordination, reduces
administrative burden on the City and ensures
alignment with funding requirements throughout
theprojectlifecycle.

A Discussion of the Firm’s Current
WorkloadandhowSufficientResources
will be Allocated to Ensure Timely and
EffectivePerformanceofthisContract
SitelogIQ maintains the capacity to deliver
projects of this scale while providing dedicated
attention to each client. Our West Energy team
includes experienced project managers, engineers,
construction professionals and energy specialists
supported by a broader national organization with
additional technical, procurement and financial
resources. We carefully manage our project
portfolio to ensure that sufficient staffing and
leadership are allocated to each project, allowing us
to maintain schedule,responsiveness and quality
from start to finish.

We actively manage a portfolio of energy and
infrastructure projects across California and
maintain the staffing depth and internal structure
needed to take on new projects without impacting
performance. Our current workload includes a
mix of solar, battery storage, microgrid and energy
efficiency projectsfor public agencies, allsupported
by dedicated project teams and a broader bench of
technical and construction resources.

Each project we take on is assigned a dedicated
teamwith clearly defined roles and responsibilities,
ensuring focused attention and accountability
from start to finish. These teams are supported by
our larger California and national staff, allowing
us to scale resources as needed to meet project
demands, maintain schedule and address any
challenges that arise.

Our in-house capabilities across engineering,
project management, procurement and
construction allow us to control critical aspects of
delivery ratherthan relying heavily on third parties.

This approach improves coordination, reduces
delays and ensures we can shift resources quickly
when prioritieschange.

We also plan resource allocation early in the
project lifecycle, aligning staffing levels with
key milestones and procurement timelines.

This proactive approach allows usto stay ahead
of potential constraints and maintain steady
progress throughout design, construction and
commissioning.

With a strong California presence and access
to additional national resources, we are well
positioned to dedicate the personnel and support
needed to deliver this project on schedule while
maintaining the level of quality and responsiveness
the City expects.

The Firm’s Ability toPrepare andPresent
Reports,Updates,Training,orTechnical
Information to City Staff, Elected
Officials and the Public, as Needed
We also prioritize clear, effective communication
with all project stakeholders. Our team regularly
prepares and delivers technical reports, project
updates and presentations tailored to a variety of
audiences, including City staff, executive leadership
and elected officials. We translate complex
technical information into clear, actionable
insights, supporting informed decision-making and
community understanding of project benefits.

We focus on keeping communication clear,
practical and easy to understand for every audience
involved in the project. Ourteamregularly prepares
progress updates, reports and presentations that
translate technical information into what matters
most—costsavings,systemperformance,reliability
andoverallprojectvalue.
23 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project We tailor our communication based on who we’re
speaking to. For City staff, we provide detailed
technical updates and coordination. For leadership
and elected officials, we focus on key outcomes,
financial impacts and project status. When needed,
we also support public-facing communication by
helping develop clear, straightforward materials
that explain the project and its benefits to the
community.

Our team is comfortable presenting in a variety of
settings, including staff meetings, council meetings
and stakeholder briefings. We work closely with City
staff to prepare presentation materials and ensure
everyone feels confident in how the project is being
communicated.

In addition, our California-based marketing team
can support public outreach and communication
efforts. We work alongside City staff to develop
tailored outreach plans that align with project
goals and community priorities. This can
include assistance with press releases, project
announcements, educational materials and
community engagement strategies that help build
awareness and support for the project.

We also make sure City staff are set up for longterm success. This includes hands-on training, clear system documentation and ongoing support so
staff can operate and maintain the system with
confidence.

By staying responsive, organized and easy to work
with, we help keep everyone aligned and the project
moving forward smoothly.

General Firm Information, Including
Size,OfficeLocationsandAvailabilityof
Support Staff and Specialized Resources
SitelogIQ is a national energy services company
with a strong presence in California, supported by
localteams who understand regionalrequirements,
permitting processes and utility coordination. Our
structure allows us to combine local expertise with
national resources, providing the City of Agoura
Hills with responsive service, specialized technical
support and the capacity to successfully deliver this
project.

We are a nationally recognized energy services and
infrastructure solutions provider delivering turnkey
projects that support resiliency, energy savings,
operational efficiency and long-term sustainability
for public sector clients. Formed through the
merger of eight established firms with decades of
experience, we bring the combined strength of a
deep technical bench, proven delivery model and
extensive project history across more than 11,000
customersitesrepresenting over $5 billion in project
value.

Our firm maintains a strong national presence
with more than 30 offices across the United
States, supported by a corporate headquarters
in Minneapolis, Minnesota and a dedicated West
Energy Division headquartered in Sacramento,
California. Our California footprint includes offices
in Sacramento, Los Angeles, San Diego, Ontario
and Graton, allowing us to provide responsive, local
support to clients throughout the state.

We employ more than 500 professionals nationwide,
including more than 45 California-basedteam
of engineers, project managers, construction
professionals and energy specialists. This depth of
in-house staff allows us to self-perform key aspects
of project delivery while maintaining flexibility to
scale resources based on project needs.

Our team includes licensed engineers, certified
energy managers, NABCEP-certified professionals,
architects, program managers and construction
specialists, supported by dedicated energy
management and technical support staff. These
specialized resources enable us to deliver fully
integrated solutions across solar, battery energy
storage, microgrids, energy efficiency and
infrastructure modernization projects.

We maintain a robust staffing and resource
allocation approach that ensures qualified
personnel are available throughout every phase
of project delivery. Dedicated projectteams are
supported by a broader network of technical
experts, procurement specialists and construction
resources, allowing us to mobilize quickly, maintain
schedule alignment and provide continuous
support from design through long-term operations.

SitelogIQ | 5: Service Approach/
Scope ofWork
Understanding of the Scope of Work
The City of Agoura Hills is seeking to establish
a resilient energy infrastructure capable of
maintaining critical Civic Center operations
during extended utility outages, including
wildfire events and Public Safety Power
Shutoffs. At the core of this objective is the
requirement to sustain essential functions,
including Emergency Operations Center (EOC)
activities, for a minimum of 72 consecutive
hours.

SitelogIQ understands that achieving this level
of resilience requires more than the addition
of distributed energy resources. It requires
a coordinated system that integrates solar
generation, battery energy storage,microgrid
controls and existing backup generation into
a unified operating platform capable ofstable
islandedoperationunderreal-worldconditions.

This project presents several technical
and regulatory considerations, including
identification and validation of critical loads,
integration with the existing electrical
distribution system, compliance with Los
Angeles County Fire requirements for battery
energy storage systems, site constraints
related to existing infrastructure and protected
oak trees and coordination with utility
interconnectionrequirements.Thesefactors
directly influence system design, performance
and project delivery.

SitelogIQ addresses these considerations
through a disciplined design-build process
that combines early load validation,thoughtful
systemarchitecture and proactive coordination
with permitting and utility agencies. This
ensures that the final design is compliant,
constructible and aligned with the City’s
operational priorities.

TechnicalApproach
SitelogIQ’s technical approach is centered
on delivering a microgrid system that meets
the City’s 72-hour resiliency requirement
while aligning with available funding and site
constraints.

To support this, we have developed two
implementation pathways:

OptionA–CityHallResiliency (Partial):

A reduced-scope solution focused on
maintaining critical City Hall and EOC
operations.

Option B – Full Civic Center Resiliency
(Compliant Solution): A comprehensive solution
supporting both City Hall and the Library,
fully meeting the City’s 72-hour resiliency
requirement.

26 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Option B forms the basis of SitelogIQ’s
recommended approach.

The proposed system includes approximately
155 kW of rooftop solar photovoltaic generation
integrated with a 415 kW / 1,672 kWh battery
energy storage system and advanced microgrid
controls. The battery system is located in
an exterior, code-compliant configuration,
consistent with City guidance, to simplify
permitting, enhance safety and improve
constructability.

The system is designed to:
3 Maintainstableislandedoperationduring
outages
3 Seamlesslytransitionbetweengrid-connected
andislandedmodes
3 Prioritize and maintain critical loads, including
EOC operations, communications, life safety
systems and essential building functions
3 Support coordinated operation of solar, battery
storage and existing backup generation
Electrical integration is achieved through
strategic interconnection with the site’s
existing distribution system, enabling unified
operation across both Civic Center buildings
under the full resiliency configuration. The
design incorporates appropriate switchgear,
protection systems and controls to support
safe, reliable and code-compliant operation.

Battery system placement, electrical routing
and equipment layout have been developed to
align with site constraints, including available
exterior space, required safety clearances and
preservation of existing site features such as
protected oak trees. This approach minimizes
disruption while maintaining full system
performance.

SitelogIQ’s design process includes detailed
load analysis, system modeling and
performance validation to ensure that the
proposed configuration can reliably meet
the 72-hourrequirement under conservative
operating assumptions. The system isfurther
designedwith operationalflexibility to support
both emergency conditions and normal gridconnected operation.

Inflation Reduction Act Considerations
The proposed system is structured to align with
potential federal incentives under the Inflation
Reduction Act (IRA), including direct pay
Investment Tax Credit (ITC) provisions available
to public agencies. Based on current guidance,
the Project may be eligible for incentives of
up to approximately 50 percent of qualifying
project costs, assuming compliance with
prevailing wage, domestic content and energy
community requirements.

These incentives support the financial
feasibility ofthe Project and provide a pathway
to delivering a fully compliant, 72-hour
resiliency solution within the City’s broader
funding framework.

Approach to Managing Design-Build
Services
We manage design-build projects through a
single, integrated delivery approach that keeps
planning, design, procurement, construction
and closeout aligned from the start. Our goal is
to provide the City with one accountable team
that can move the project forward efficiently,
maintain clear communication and reduce the
risk of disconnects between design intent and
field execution.

SitelogIQ’s in-house structure includes
engineering, project management,
procurement, construction, commissioning
and operations support, allowing us to
coordinate the full process under one
organization rather than handing work off
between disconnected parties.

Project Management and Team
Oversight
Each project is led by a dedicated project
manager supported by subject matter experts
in engineering, construction, interconnection,
commissioning and operations. Roles are
clearly defined at the outset, ensuring the City
understands responsibility for coordination,
technical review, schedule management, cost
control and issue resolution.

Our project manager serves as the primary
point of contact and is responsible for keeping
27 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project all internal and external team members aligned
with project goals, City priorities and required
milestones. This structure is supported by
seniorleadership and a broader bench of
in-house technical and construction staff,
allowing us to bring in additional expertise
when needed without disrupting project
momentum.

Engineering, project management and
construction leadership remain engaged
throughout design and implementation to
ensure constructability, procurement timing,
utility coordination and site impacts are
addressed early. This integrated oversight
reduces rework, protects schedule and
supports informed decision-making.

Coordination Among Design,
Construction and Specialty
Subcontractors
Coordination begins early and continues
throughout the project lifecycle. Our design
team works closely with project management
and construction staff during design
development so that drawings, specifications
and phasing plans reflect real site conditions,
operational constraints and installation
sequencing.

Where specialty subcontractors are required,
they are engaged with clearly defined scopes,
deliverables and coordination expectations.

Subcontractors are prequalified based on
relevantexperience,safety recordandabilityto
performin active public-sectorenvironments.

Once engaged, they are managed through
a structured process that includessubmittal
review,schedule integration,fieldcoordination
andquality oversight.

Because we self-perform key portions of the
work and maintain a large in-house team, we
reduce reliance on outside parties for critical
path activities. This improves coordination,
accelerates response times and strengthens
accountability across the project.

Methods for Tracking Scope, Schedule
and Level of Effort
We use a disciplined project controls process
to track scope, schedule, staffing and progress.

At project initiation, we establish a clear
scope baseline, key milestones, deliverables
and responsibilities. Progress is monitored
against this baseline, with adjustments made
proactively to maintain alignment with project
objectives.

A detailed project schedule is developed
to track design, permitting, procurement,
construction, commissioning and closeout
activities. The schedule isregularly updated
to reflect agency review durations, utility
coordination and equipment procurement
status.Our approach is proactive,withearly
planning and continuous monitoring to
identify and address potentialrisks before they
impact the schedule.

We utilize project management platforms
such as Procore to track submittals, RFIs, daily
reports and progress documentation. These
tools support internal accountability and
provide transparency to the City.

Communication Protocols with City Staff
SitelogIQ establishes a clear and consistent
communication structure from project kickoff
through closeout. This includes defined
points of contact, meeting cadence, reporting
expectations andescalationprocedures.

Regular coordination meetings, written
progress updates and focused technical
working sessions ensure alignment throughout
the project. Reporting is tailored to the
audience, providing detailed updates for staff
and high-level summaries for leadership.

Single Point of Accountability
Issues are documented, assigned and
tracked through resolution, with clear
recommendations provided to support timely
decision-making. This approach ensures
efficient communication, minimizes risk and
maintains project momentum.

Overall, SitelogIQ’s approach is built on
accountability,transparency andcoordination.

By aligning design, construction and project
management under a single deliverystructure,
we provide the City with a clear,reliable path to
successful projectcompletion.

Project Schedule
SitelogIQ’s projectschedule is purpose-built to
meet the City’s required completion deadline
of September 11, 2027. All phases of work
including design, permitting, procurement,
construction, commissioning and close-outare
fully aligned to thattimeline.

We prioritize early execution of critical path
activities, including load validation, utility
coordination, permitting and long-lead
equipment procurement, reducing schedule
risk and preserving flexibility as the project
progresses. Our integrated design-build
approach allows key phases to advance
in parallel, accelerating delivery while
maintaining coordination across engineering,
construction and compliance.

The schedule clearly defines major milestones
and incorporates contingency and recovery
strategies to address potential risks related to
permitting, interconnection and equipment
lead times. This ensuresthe systemisinstalled,
tested and operationally ready with adequate
time for final acceptance and grant close-out.

This approach providesthe City with a clear,
executable path to on-time project delivery
with full accountability from startto finish.

Schedule Alignment with
Federal Funding Requirements

2 0
2026 Request for Proposal / Qualifications
City of Agoura Hills
Design/Build Services for the Agoura Hills Civic Center Microgrid Project ID Task Name Duration Start Finish Predecessors 0 City of Agoura Hills- RFP for Microgrid 308 days Wed 6/10/26 Tue 8/17/27 2027
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 6/10
6/16
5 Design NTP
0 days Tue 6/16/26 Tue 6/16/263
6 Preliminary Engineering
5 days Wed 6/17/26 Tue 6/23/265
7 Site Survey
& UUL5 days Wed 6/17/26 Tue 6/23/265
8 Item No. 02
- Design& Engineering 60 days Wed 6/17/26 Tue9/8/26
9 Design Development 20 days Wed 6/17/26 Tue 7/14/26 7FS -5days
10 City &Stakeholders Review 10 days Wed 7/15/26 Tue 7/28/26 9 11 Construction Docs
> 90% 20 days Wed 7/29/26 Tue 8/25/26 10
12 City &Stakeholders Review 10 days Wed 8/26/26 Tue 9/8/26 11 13 Item No. 03
- Permitting 83 days Wed 9/9/26 Tue1/5/27
14 Prepare 100% CDsfor review
3 days Wed 9/9/26 Fri 9/11/26 12
15 AHJ Review
&Approval3 mons Mon 9/14/26 Fri 12/4/26 14
16 Utility Review
4 mons Mon 9/14/26 Tue 1/5/27 14
17 Issued forConstruction Dwgs
3 days Mon 12/7/26 Wed 12/9/26 15
18 Item No. 04
- Procurement 202 days Wed 7/29/26 Mon 5/10/27
19 Material Submittals(forlong lead)
2 days Wed 7/29/26 Thu 7/30/26 10
20 Material Submittals(BOM)
2 days Wed 9/9/26 Thu 9/10/26 12
21 Equipment: Solar
-PV4 mons Tue 1/19/27 Mon 5/10/27 22FF
22 Equipment: BESS
& MicrogridController 10 mons Fri 7/31/26 Mon 5/10/27 19 23 Balance of Systems
3 mons Tue 2/16/27 Mon 5/10/27 22FF,20
24 Item No. 05
- Site Mobilization 103 days Fri 7/24/26 Tue 12/15/26
25 Safety & Health Plan
3 days Fri 7/24/26 Wed 7/29/26 18SF
26 Construction Management
&Logistics Plan3 days Mon 11/16/26 Thu 11/19/26 28SF-15days 27 Utility Check
-in2 days Tue 11/24/26 Thu 11/26/26 28SF-10days
28 NTP for Construction
0 days Wed 12/9/26 Wed 12/9/26 17
29 Site Mob, Secure Laydown Area
& SafetyOrientation4 days Thu 12/10/26 Tue 12/15/26 28
30 Item No. 06
- Construction& Installation 47 days Wed 3/10/27 Thu 5/13/27 31 Initial Construction Fencing Staging
&On-going8 days Wed 3/10/27 Mon 3/22/27 29,41SF
32 Phase 1:Rooftop Solar 22 days Mon 3/22/27 Tue 4/20/27 40 Phase 2: BESS
& Microgrid 39 days Mon 3/22/27 Thu 5/13/27
41 Lay
-out&Routing2 days Mon 3/22/27 Wed 3/24/27 42SF,28
42 Demo existing surface
4 days Wed 3/24/27 Tue 3/30/27 43SF
43 Ground Preparation
& Compaction4 days Tue 3/30/27 Mon 4/5/27 44SF
44 Structural Pads Framing
/ Forming4 days Mon 4/5/27 Fri 4/9/27 45SF
45 Conduit Routing
5 days Fri 4/9/27 Fri 4/16/27 46SF
46 Pour Concrete Pads(&repair adjacentsurface)
2 days Fri 4/16/27 Tue 4/20/27 47SF
47 Concrete Cure Time 15 days Tue 4/20/27 Tue 5/11/27 48SF 48 BESS Receive and Set
2 days Tue 5/11/27 Wed 5/12/27 22
49 AC Wiring 15 days Fri 4/16/27 Thu 5/6/27 37
50 Utility Shutdown
&Tie-in0 days Thu 5/6/27 Thu 5/6/27 49
51 Punchlist
&Resolution5 days Fri 5/7/27 Thu 5/13/27 50
52 Phase 2:Substantial Completion
0 days Thu 5/13/27 Thu 5/13/27 51
53 Item No. 07
- Utility Approval and PTO 25 days Thu 5/13/27 Thu6/17/27 54 Request Review
&Approval0 days Thu 5/13/27 Thu 5/13/27 30
55 [Final] Utility Review
& Approval5 days Fri 5/14/27 Thu 5/20/27 54
56 PTO: BESS/Microgrid 20 days Fri 5/21/27 Thu 6/17/27 55 57 Item No. 08
- Start-up, Commissioning& Training 28 days Fri 6/18/27 Tue 7/27/27 58 Post
-Utility Approval- Start-Up 10 days Fri 6/18/27 Thu7/1/27 59 Solar
-PV6 days Fri 6/18/27 Fri 6/25/27 53
60 BESS Systems
& Microgrid2 wks Fri 6/18/27 Thu 7/1/27 53
61 Commissioning (FullOperation)
2 wks Fri 7/2/27 Thu 7/15/27 58
62 Training
8 days Fri 7/16/27 Tue 7/27/27
63 Safety Training (in the event of)
4 days Fri 7/16/27 Wed 7/21/27 61
64 Operator Training
4 days Thu 7/22/27 Tue 7/27/27 63
65 Item No. 09
- Program Close-out 15 days Wed 7/28/27 Tue 8/17/27
66 Integrated System Check
-out and Validation 15 days Wed 7/28/27 Tue 8/17/27 57
67 Close
-outDocumentationandCertification 10 days Wed 7/28/27 Tue 8/10/27 57 68 Final Construction Completion
0 days Tue 8/17/27 Tue 8/17/27 65
6/16
12/9
5/6
5/13
5/13
8/17
1 Contract Award 0 days Wed 6/10/26 Wed 6/10/26 2 Performance and Payment Bonds and Ins. 5 days Wed 6/10/26 Tue 6/16/26 1 3 Project Kick
-off Meeting 0 days Tue 6/16/26 Tue 6/16/262
4 Item No. 01
- Preliminary Engineering 5 days Tue 6/16/26 Tue 6/23/26 3 0
A
31 A
32 B
33 B
SitelogIQ | 6: References
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 35 The following references are from recent and current clients within the past five (5) yearsfor whom we have delivered comparable design-build energy and resilient infrastructure services.

Rincon del Diablo Renewable Energy Project
Name: Clint Baze, General Manager
Contact Information: Ph: 760.745.5522
Scope of Services: Solar PV; BESS; Microgrid
Yuba County Government Center Energy Project
Name: Sean Powers, Assistant County Administrative Officer Contact Information:Ph: 530.749.7575 | email: [email protected] Scope of Services: Lighting; BESS; Microgrid; Solar PV
City of Gardena/GTrans Renewable Energy and Storage System Name: Rachel Yoo, Transit Administrative Supervisor
Contact Information: 310.965.8803 | [email protected]
Scope of Services: Solar PV; BESS; EV Charging; mySiteIQ monitoring; Microgrid Marysville Joint Unified Energy Infrastructure Program
Name: Jennifer Passaglia, Assistant Superintendent
Contact Information: Ph: 530-749-6115
Scope of Services: Solar PV; HVAC; Lighting; Controls; BESS Middletown Rancheria Solar and Microgrid Project
Name: Jose (Moke) Simon III, Tribal Chairman
Contact Information: 707.987.3670 | email: [email protected] Scope of Services: Solar PV; Microgrid

REFERENCES
1 2
3 4
5 SitelogIQ | 7: Conflict of Interest
and Litigation
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 37 SitelogIQ West Energy affirms that, to the best of our knowledge, no actual or potential conflicts of interest exist in relation to the City of Agoura Hills’ project underthe California Political Reform Act, common lawconflict ofinterest principles,orGovernment Code §1090.

We have reviewed our firm’srelationships, including those of our employees, project team members and any proposed subcontractors and have identified no financial interests or other circumstances that would create a conflict or otherwise impair our ability to provide independent, objective services tothe City.

SitelogIQ is committed to full compliance with all applicable conflict of interest laws and regulations.

If any actual or potential conflict arises during the course of the project, we will promptly disclose it to the City in writing and work collaboratively to resolve the matter in accordance with applicable requirements.

As a nationwide organization, there have been situations where clients made a decision to go in a different direction after retaining our firm. Such matters are managed by our legal department in accordance with applicable laws and confidentiality obligations. All matters have been amicably resolved. There are no currently pending matters which would have a material adverse effect on our ability to perform under this engagement.

SitelogIQ | 8: Appendix&
Supplemental Materials
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 39 N/A
3090 Bristol Street, Suite 400
Costa Mesa, CA 92626
SitelogIQ.com
April 16, 2026
City of AgouraHills

COST PROPOSAL FOR DESIGN/BUILD SERVICES

FOR THE AGOURA HILLS CIVIC CENTER

MICROGRID PROJECT
April 16, 2026
2 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project ProjectBudgetProposal
SitelogIQ has developed two implementation options to support the City of Agoura Hills’ resiliency objectives. These optionsreflect different approachesto balancing projectscope, performance requirements, and available funding.

Option A provides a reduced-scope resiliency solution focused on City Hall operations. While this option delivers meaningful resilience benefits, it does not fully meet the RFP requirement to support both Civic Center buildings with 72-hourresiliency. However, itrepresents a lower-cost pathway that may align more closely with the City’s currently identified funding levels when combinedwith potentialfederal incentives.

Option B represents a fully compliant solution that meets the City’s stated performance requirements, including providing 72-hour resiliency for both City Hall and the Library, supported by a fully integrated microgrid system.

Summary of Options

OPTION DESCRIPTION SOLAR
PV

BATTERY
ENERGY

STORAGE

KEY SCOPE ELEMENTS TOTAL

PROJECT
BUDGET
Option
A
City Hall
Resiliency
155 kW
DC
415 kW / 826
kWh
Supports City Hall essential
loads; reduced scope microgrid
configeration
$2,581,000
Option
B
Full Civic
Center
Resiliency
(Compliant
Solution
155 kW 415 kW /
1,672 kWh
Supports City Hall and Library;
includes additional electrical
infrastructure to interconnect
both buildings; designed to
achieve 72-hour resiliency
requirement
$3,319,673
Option Considerations
Option A – City Hall Resiliency (Partial):

This option focuses on maintaining critical City Hall functions, including Emergency Operations Center (EOC) capabilities, during extended outages. While it provides meaningful resilience benefits, it does not fully satisfy the RFP requirement to support both buildings for a 72-hour duration.When combined with potential federal incentives,this optionmay approach the City’s targetbudgetofapproximately$1.8million.

Option B – Full Civic Center Resiliency (Compliant Solution):

This option is designed to fully meet the City’s project objectives and RFP requirements. It provides a comprehensive microgrid solution supporting both City Hall and Library operations for a minimum of 72 consecutive hours. The system includes additional battery capacity and the necessary electrical infrastructure to integrate both buildingsinto a unified,resilientmicrogrid.

Inflation Reduction Act (IRA) Incentive Considerations
SitelogIQ has evaluated the potential applicability of federal incentives under the Inflation Reduction Act (IRA) to support the Project’s financial feasibility. Based on current program guidance and preliminary assumptions, both options may be eligible for Investment Tax Credit (ITC) benefitsthrough direct pay provisions available to public agencies.

Our analysis assumes qualification for the base ITC with prevailing wage and apprenticeship requirements, along with potential bonus credits for Energy Community designation and Domestic Content compliance. Underthese conditions,the Projectmay achieve an effective incentive level of up toapproximately 50%of eligible project costs. 3 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Based on this framework, the estimated potential IRA incentive values are as follows:

Option A – City Hall Resiliency (Partial): Up to $690,000 Option B – Full Civic Center Resiliency (Compliant Solution): Up to $940,700 These incentive values are preliminary and subject to final confirmation of eligibility, project structuring, and compliance with all applicable federal requirements, including prevailing wage, domestic content thresholds, and any additional guidance issued by the U.S. Department of the Treasury.

SitelogIQ will work closely with the City to validate eligibility, confirm documentation requirements, and structure the Project tomaximize available incentives while maintaining full compliance with federal funding regulations. This approach isintended to reduce the City’s net project cost and improve alignment with available funding.

OPTION TOTAL PROJECT
COST

ESTIMATED IRA

INCENTIVE

ESTIMATED NET

PROJECT COST
Option A - City Hall Resiliency $2,581,000 Up to $690,000 $1,891,000 Option B - Full Civic Center
Resiliency (Compliant Solution
$3,319,673 Up to $940,700 $2,378,978
Net Project Cost After IRA Incentives (Estimated)
The following table illustratesthe estimated net project cost after applying potential IRA incentives, based on the assumptions outlined above.

These values are provided for planning purposes and are subject to final confirmation of eligibility, project structuring, and compliance with all applicable IRA requirements.

This analysis demonstrates that, with successful capture of available IRA incentives, Option A approachesthe City’s current funding level, while Option B significantly reducesthe net cost of delivering a fully compliant, 72-hourresiliency solution forthe entire CivicCenter.

SitelogIQ recommends Option B as the solution that fully aligns with the City’s stated performance requirements, long-term resiliency goals, and operational needs. We are prepared to work collaboratively with the City to evaluate funding strategies, phasing opportunities,orscoperefinementstohelpbridgethegapbetweenavailablefundingandfull project implementation.

Bid Bond Requirement
SitelogIQ acknowledges the City’s requirement for a Bid Bond as part of this solicitation. Based on the progressive design-build nature of this project and the currentstage ofscope definition, SitelogIQ is not providing a Bid Bond with this proposal.

At thisstage,the projectscope,system configuration, and associated risk allocation will continue to be refined through the design development and contract negotiation process. Assuch, it is not yet possible to establish the fully defined construction scope and commercial terms necessary to support the financial commitment represented by a Bid Bond. SitelogIQ’s approach is consistent with industry practice for design-build and energy infrastructure projects of this type, where bonding is appropriately provided following alignment on final scope, pricing, and contractual terms.

To ensure the City remains fully protected, SitelogIQ will provide the required Performance and Payment Bonds, and if requested, a Bid Bond, upon completion of contract negotiations and prior to City Council approval and contract execution. SitelogIQ has a perfect record of honoring its proposals and successfully executing negotiated agreements with public agencies throughout California. We are committed to working collaboratively with the City to finalize a mutually acceptable contract and to providing all required bonding at the appropriate stage of the project.

Exhibit B
Permit List
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America

Exhibit B
Owner’s Permit List – AgouraHillsCivicCenterMicrogridProject Ownershall be responsible for obtaining orissuing the following approvals, as applicable:

1. CityCouncilapprovals andmunicipal authorizationsrequiredfortheProject.

2. CEQAdeterminationsandenvironmental approvalsissuedbyOwnerinits capacity as LeadAgency.

3. Utility interconnection agreements and service authorizations requiring Owner execution.

4. Approvals related to emergency operations designation of the Civic Center facility.

5. Building permitsissued by the CityofAgoura Hills acting in itsregulatory capacity, provided that Design-Builder shall prepare and submit all required permit applications and technical documentation.

All other permits, approvals, and licensesrequired for design and construction shall be the responsibilityofDesign-Builder.

Exhibit C
Performance Standards and System Requirements
DBIA Document No. 525 Page 14
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America
Exhibit C

PERFORMANCE STANDARDS AND SYSTEM REQUIREMENTS
Agoura Hills Civic Center Microgrid Project

1. PURPOSE
This Exhibit establishes minimum performance standards, operational criteria, and system functionality requirements for the Agoura Hills Civic Center Microgrid Project (“Project”).

These requirements are in addition to the Design Criteria, Drawings, and Specifications and are intended to ensure the completed Work achieves the City’s resiliency, safety, and operational objectives.

Design-Builder shall be responsible for delivering a fully integrated system that meets or exceeds the performance standards setforth herein.

2. GENERAL PERFORMANCE OBLIGATION

2.1Performance-Based Delivery
The Work shall be performed on a performance basis. Compliance with drawings or specifications alone shall not relieve Design-Builder from achieving the required operational outcomes described in this Exhibit.

2.2Single Point of Responsibility
Design-Builder shall be solely responsible for design adequacy, system integration, constructability, and functional performance of all components comprising the microgrid system.

2.3Verification
All performance requirements shall be demonstrated through testing, commissioning, or documented engineering analysis acceptable to Owner(City).

3. MICROGRID OPERATIONAL PERFORMANCE STANDARDS

3.1 Resiliency Operation
The completed system shall be capable of maintaining continuous operation of designated essential Civic Center loads during a utility outage.

Minimum requirements include, but are not limited to:
• Sustainedoperationforaminimumofseventy-two(72)consecutivehourswithout grid power.
• Automatic transition to island mode upon loss of utility service. • Stable voltage and frequency regulation duringislandedoperation.

3.2 Black-Start Capability
The microgrid shall demonstrate the ability to initiate system startup without reliance on the utility grid following a full system shutdown.

3.3 Islanding Functionality
The system shall:
• Automatically detect grid outages.
• Safely disconnectfrom the utility grid.
• Maintain uninterrupted power to essential loads during transition.

3.4 Essential LoadPrioritization
Design-Builder shall implement load management strategies ensuring that essential emergency and civic operations, as determined and/or approved by the City, remain energizedduringextendedoutages.

4. SYSTEMRELIABILITYANDAVAILABILITY

4.1 System Availability and Emergency Operational Readiness

4.1.1 Routine Operational Availability
Following Final Completion, the Microgrid System shall achieve a minimum operational availability of ninety-eight percent(98%) duringnormal operating conditions, excluding scheduled maintenance periods approved by Owner.

Operational availability shall mean the Microgrid System is capable of performing its intended functions under normal utility-connected operation.

4.1.2 Emergency Operational Performance Requirement
Notwithstanding the Routine Operational Availability requirement,the Microgrid System shall be capable of full functional operation during any utility power outage event.

Upon loss of utility service, the Microgrid System shall:
• Automatically transition to island mode;
• Maintain continuous power to designated essential loads; • Support operation of the Civic Center as an Emergency Operations Center(EOC); • Perform black-start and load prioritization functions as required by the Contract Documents.

Failure of the Microgrid System to perform required emergency functions during a utility outage shall constitute a failure to meet the Performance Standards regardless of routine availability metrics.

4.1.3 Measurement Period
Routine operational availability shall be measured over a rolling twelve-month period following Final Completion.

5. ENERGY PERFORMANCE REQUIREMENTS

5.1Solar Generation Performance
Solar photovoltaic components shall be designed and installed to achieve performance consistent with industry standards and manufacturer specifications under expected site conditions.

5.2BatteryEnergyStorage Performance
Battery systemsshall:
• Provide rated storage capacity as specified.
• Maintain operational safety parameters during chargingand discharging cycles. • Integrate with control systems to support load prioritization and resiliency operation.

6. SAFETY AND CODE COMPLIANCE PERFORMANCE

6.1Fire andLife Safety
The system shall comply with all applicable fire, electrical, and building codes, including requirements associated with battery energy storage in enclosed or subterranean environments.

6.2Thermal Management and Ventilation
Battery installations shall include appropriate ventilation, monitoring, and safety systems to maintain safe operating conditions.

7. CONTROL SYSTEM AND CYBERSECURITY PERFORMANCE

7.1Monitoring and Control
Design-Builder shall provide a centralized control system capable of:
• Real-time monitoringof generation, storage, andload conditions. • Remote operation by authorized City personnel.

7.2Cybersecurity
System architecture shall incorporate reasonable industry-standard cybersecurity practices fornetworked energy infrastructure.

8. COMMISSIONINGANDPERFORMANCETESTING

8.1FunctionalTesting
Design-Builder shall conduct comprehensive commissioning tests verifying:
• Islandingoperation
• Black-start capability
• Loadtransfer performance
• Battery discharge performance

8.2Performance Demonstration
Performance shall be validated through witnessed testing procedures approved by City.

9. FEDERAL FUNDING COMPLIANCE PERFORMANCE

9.1Documentation Requirements
Design-Builder shall maintain records sufficientto demonstrate that system performance aligns with federally funded resiliency objectives and applicable grantrequirements.

9.2AuditSupport
Design-Builder shall provide documentation necessary to verify performance outcomes duringany typicalaudit(e.g.federal, state).

10. FAILURE TO MEET PERFORMANCESTANDARDS
If the completed Work fails to meet the performance standards described herein:
• Design-Builder shall promptly implement corrective measures at no additional cost to City.
• Substantial Completion shall not be achieved until required performance criteria are demonstrated.

11. RELATIONSHIP TO OTHER CONTRACT DOCUMENTS
This Exhibit supplements, but does not replace, the technical requirements contained in the Contract Documents. In the event of a conflict, the more stringent performance requirement shall govern unless otherwise directed by the City.

Exhibit D
Performance Verification and Acceptance Criteria
DBIA Document No. 525 Page 20
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America

ExhibitD

PERFORMANCE VERIFICATION AND ACCEPTANCE CRITERIA
Agoura Hills Civic Center Microgrid Project

1. PURPOSE
This Exhibit establishesthe procedures, documentation requirements, and acceptance criteria used to verify compliance with the Performance Standards and System Requirements for theProject.

Successful completion ofthe verification activities described herein shall be a condition precedenttoSubstantialCompletion.

2. GENERAL REQUIREMENTS

2.1 Testing Responsibility
Design-Buildershall plan, coordinate, and performalltesting necessary to demonstrate compliancewiththeContractDocuments.

2.2 Owner Participation
Owner and Owner’s representatives shall be given reasonable advance notice of all performance tests and may witness testing activities.

2.3 Independent Verification
Ownerreserves therighttoretainthird-partyconsultantstoobserve,review,or validate testing procedures and results.

2.4Documentation
Design-Buildershall providewritten test procedures, expectedresults, andacceptance thresholds atleastfourteen (14)dayspriortotesting.

3. PRE-COMMISSIONING REQUIREMENTS
Prior to functional testing, Design-Builder shall demonstrate:
• Installation completion in accordance with approved design documents. • Successful equipment startup andcalibration.
• Verification ofsafety systems, alarms, and shutdown protocols. • Completion of factory acceptance tests(where/if applicable).

4. FUNCTIONAL PERFORMANCE TESTS

4.1 Islanding Test
Design-Builder shall demonstrate:
• Automatic disconnection from utilitypower.
• Seamless transition to island mode.
• Stablesystemoperationwithoutinterruptiontoessential loads.

Acceptance Criteria:
• Voltage and frequency maintained within acceptable operating ranges. • Nounintendedsystemshutdownduring transition.

4.2 Black-StartTest
Design-Builder shall demonstrate:
• Ability to start the microgrid system without utility power. • Successfulenergizationof designatedessentialloads.

Acceptance Criteria:
• System startup achieved without external grid assistance.

4.3 ResiliencyDurationTest
Design-Buildershalldemonstrate systemoperation undersimulatedoutage conditions.

Minimum Requirements:

• Continuous operation of essential loadsfor atleast seventy-two (72) hours or as otherwise specified in the Contract Documents.

Acceptance Criteria:
• No criticalsystem faults.
• Loadprioritizationoperatesasintended.

4.4 LoadManagement andPriorityControl
Testing shall verify:
• Automatic load shedding orprioritization.
• Maintenanceof essentialoperationsunderreducedgenerationorstorage conditions.

4.5 SafetyandShutdownTesting
Design-Builder shall verify:
• Emergencyshutdownfunctionality.
• Fire and safety systemintegration.
• Batterymonitoring and thermalmanagementresponse.

5. ENERGY PERFORMANCE VERIFICATION

5.1SolarGenerationOutput
Design-Buildershallprovideproductionmodeling andmeasuredperformancedata demonstrating systemoutput consistentwith design assumptions.

5.2Battery Capacity Verification
Testing shall confirm:
• Usable storage capacity.
• Charging and discharging functionality.
• Integration with control systems.

6. CONTROLSYSTEMANDMONITORINGVERIFICATION
Design-Builder shall demonstrate:
• Real-timemonitoringcapability.
• Remote operational control by authorized Owner personnel. • Alarmandeventlogging functionality.

7. DOCUMENTATION REQUIREMENTS
Design-Builder shall submit:
• Commissioning reports
• Testresults and logs
• As-built systemdiagrams
• Operations and maintenancemanuals
• Training documentation
Documentation shall be sufficienttosupportfederal audit and grantreporting requirements.

8. DEFICIENCYCORRECTION
If testing reveals performance deficiencies:
• Design-Buildershall implement correctivemeasures at noadditional costto Owner.
• Failedtestsshallberepeateduntilacceptancecriteriaareachieved.

9. SUBSTANTIAL COMPLETION CRITERIA
Substantial Completion shall not be achieved until:
• Allrequired performance tests have been successfully completed. • Required documentation has been submitted and accepted by Owner. • Systemdemonstratesoperational capability consistentwith Performance Standards Exhibit.

Exhibit E
Statement of Qualifications (SOQ)
(submitted as part of the pre-qualification process)
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America

City of Agoura Hills

STATEMENT OF QUALIFICATIONS

AGOURA HILLS CIVIC CENTER MICROGRID PROJECT
FEBRUARY 13, 2026
SitelogIQ | Table of Contents
City of AgouraHills | Agoura Hills Civic Center Microgrid Project TABLE of CONTENTS

1.Transmittal Letter .............................................................................................................................................5

2.Design-Build Entity Information ..................................................................................................................7

3.Relevant Experience and Past Performance...................................................................................... 9

4. Key Personnel and Team Qualifications ................................................................................................... 12

5.Licenses, Registrations and Credentials ................................................................................................... 21

6. Financial Capacity and Bonding Capability ............................................................................................ 27

7. Safety Record and Workforce Information ............................................................................................. 41

8. Skilled and Trained Workforce Commitment........................................................................................ 45

9. Federal Grant Compliance Experience............................................................................................. 47

10. References..................................................................................................................................................... 50

11.Certifications and Disclosures ............................................................................................................ 53 3 SitelogIQ | 1: Transmittal Letter
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 1: Transmittal Letter
February 13, 2026
RE: City of Agoura Hills REQUEST FOR QUALIFICATIONS (RFQ) FOR DESIGN/BUILD SERVICES

FOR THE AGOURA HILLS CIVIC CENTER MICROGRID PROJECT
Dear Agoura Hills Selection Committee,
SitelogIQ, Inc. (SitelogIQ) appreciatesthe opportunity to submit this Statement ofQualifications forthe City of AgouraHills Civic Center Microgrid Project.

We understand the Civic Center’s role as a central hub for municipal services, public access and interagency coordination, including its function as an Emergency Operations Center (EOC) during utility outages and emergency conditions. The City’s objective to enhance resiliency through a solar-powered microgrid with battery energy storage aligns directly with our experience supporting California public agencies where continuity of operations, safety and responsible stewardship of public funds are paramount.

SitelogIQ brings extensive experience delivering resiliency-focused energy infrastructure for public-sector facilitiesthrough a single point of accountability design-build delivery model. Our integrated approach aligns planning, engineering, procurement, construction, commissioning and long-term operational considerations under one accountable team. Thisstructure supports disciplined execution, clear coordination with stakeholders and compliance with applicable regulatory and funding requirementsthroughout the project lifecycle.

We are experienced in delivering projects for California public agencies under design-build procurement frameworks, with a strong understanding of the controls, documentation and risk management practices expected for publicly funded infrastructure projects. Our teams regularly support projectsincorporating federal and state funding sources and are accustomed to operating in environments requiring audit-ready documentation, transparent procurement practices and alignment with defined periods of performance.

This Statement of Qualifications is submitted by SitelogIQ, Inc. and is signed by an authorized representative.We hereby committhe availability ofthe proposed key personnel identified in this submission and designate an authorized negotiator with full authority to represent SitelogIQ in connection with this RFQ and any subsequent procurementphases.

We appreciate the City’sleadership in advancing resiliency for critical public facilities and look forward to the opportunity to support the City of Agoura Hills through the next phase of this important initiative.

Respectfully submitted,
JohnGajan,PE Jonathan Brown, PE
President,WestEnergy Vice President, West Energy
925.397.4461| [email protected] 626.676.8601 | [email protected] 5 SitelogIQ | 2: Design-Build Entity
Information
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 7

2.1 Legal Structure and Ownership
SitelogIQ, Inc. is aprivately heldcorporation
organized under the laws of the State of
Minnesota. The firm operates nationally,
with SitelogIQ West Energy serving as the
California-based division responsible for
project development, design, construction
and ongoing services throughout thestate.

SitelogIQ maintainsfull corporate authority to
enter into contracts and perform design-build
servicesfor California public agencies.

SitelogIQ is wholly owned by AEA Investors
LP, a private equity firmfounded in 1968 with
significant experience supporting long-term
investments in infrastructure, industrial and
service-oriented businesses. This ownership
structure supports financial stability,
disciplined governance and the capacity
required to deliver complex public-sector
projects.

2.2 JointVentureorTeaming
Arrangements
SitelogIQ proposesto serve asthe sole designbuild entity forthis project. No joint venture or formalteaming arrangement is proposed.

As part of its turnkey design-build delivery
model, SitelogIQ may engage qualified
specialty consultants or subcontractors to
support discrete technical scopes such as
geotechnical services, structural engineering
or utility coordination. All subcontractors
and consultants will be managed directly
by SitelogIQ and will operate under
SitelogIQ’s contractual responsibility, safety
protocols, quality standards and compliance
requirements.

2.3 Organizational Documents or
Agreements
No joint venture or teaming agreements apply
to this Statement of Qualifications. SitelogIQ
will contract directly with the City of Agoura
Hills and will retain full responsibility for
coordination, performance and delivery of the
project.

Corporate formation documents,
licenses, bonding capacity and insurance
documentation are provided in the appropriate
section of this Statement of Qualifications..

SitelogIQ | 3: Relevant Experience
and Past Performance
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 9 350+
public-sector
clients
$5B
total project value
11,100+
customer sites
delivered
SitelogIQ brings extensive experience delivering energy and resiliency-focused infrastructure projects for California public agencies operating critical facilities. Our portfolio includes projects supporting essential municipal, educational and community services that must remain operational during utility outages, emergency conditions and periods of grid instability.

Our experience includes projectsthat integrate on-site energy generation, battery energy storage and advanced electrical infrastructure to support continuity of operations. These projects are frequently delivered in active, occupied facilities, requiring careful coordination with facility staff, phased implementation and disciplined scheduling to avoid disruption to essential services.

Representative experienceincludes:
▶ Design-build delivery of solar photovoltaic and Battery Energy Storage Systems for public agencies
▶ Projects supporting continuity of operations and emergency preparedness
▶ Facilities requiring coordination with utilities, authorities having jurisdiction and multiple stakeholders
▶ Projects delivered under single-point-of-responsibility frameworks emphasizing accountability, constructability and lifecycle performance
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 10

3.1 Design-Build Project Experience of
Similar Size, Scope and Complexity
SitelogIQ routinely delivers complex publicsector infrastructure projects through an integrated design-build delivery model.

Engineering, procurement, construction
management, commissioning and closeout
activities are coordinated under one
accountable team to support consistent
execution and clear risk ownership.

This approach enables early identification of
constructability considerations, alignment
with permitting and regulatory requirements
and integration of operational priorities into
design decisions. By maintaining continuity
across project phases, SitelogIQ supports
realistic schedules, disciplined cost control and
predictable outcomesfor public owners.

3.2 Energy, Microgrid andResiliency
Infrastructure Experience
SitelogIQ has extensive experience planning,
designing and implementing renewable
energy and resiliency-focused infrastructure,
including solar photovoltaic systems, battery
energy storage systems, microgrid-ready
electrical infrastructure and supporting
distribution upgrades.

Our work frequently involves:
▶ Load analysis and operational assessment
to support critical facility needs
▶ Integration of energy generation and
storage with backup power strategies
▶ Coordination of system controls to support
grid-interactive and outage operating
modes
▶ Utility interconnection studies and service
upgrade coordination
By combining technical engineering expertise
with lifecycle and operational analysis,we help
public agencies implement solutions that
enhance resiliency, reduce exposure to utility
volatility and support long-term sustainability
goals while maintaining safe and reliable
operations.

3.3 Experience with California Public
Agencies
SitelogIQ has partnered with a broad range
of California public agencies, including cities,
counties, special districts and educational
institutions. Our teams are familiar with
public works requirements, prevailing wage
compliance, Skilled and Trained Workforce
provisions and the governance processesthat
guide public-sector decision-making.

We routinely support agency staff and
leadership through evaluation, approval
and implementation phases by providing
documentation and communication
suitable for staff reports, public meetings
and governing body review. This experience
enables efficient coordination with internal
stakeholders and external reviewers
throughout project delivery.

3.4 Experience with Federally Funded
Projects
SitelogIQ has supported public agencies
delivering energy and infrastructure projects
incorporating federal funding sources and
incentive programs, requiring disciplined
documentation, eligibility verification and
schedule alignment with defined periods of
performance.

Our experience includes projects utilizing
federal stimulus funding, federal incentive
mechanisms and state-administered programs
with federal oversight components. In these
environments, SitelogIQ works closely with
agency finance and program oversight staff to
ensure that project scope, documentation and
delivery align with funding requirements and
compliance expectations.

This experience allows SitelogIQ to integrate
funding considerations into project planning
and execution, reducing administrative burden
on agency staff while supporting audit-ready
project delivery.

SitelogIQ | 4: Key Personnel and
Team Qualifications
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 12 SitelogIQ’s design-build delivery approach is supported by a multidisciplinary team with deep experience delivering complex energy and infrastructure projects for California public agencies.Our organizationalstructure isintentionally aligned to provide clear accountability, disciplined coordination and consistent oversight from project initiation through construction, commissioning and closeout.

Key team members are long-tenured professionals with direct experience supporting publicsector projectsrequiring careful coordination with agency staff, utilities,regulators and funding stakeholders. The proposed team structure emphasizes single-point-of-responsibility delivery while integrating the technical, construction and compliance expertise necessary for federally supportedinfrastructureprojects.

4.1 Project Manager
The proposed Project Manager will serve as the City’s primary point of contact and will be responsible for overall project leadership, coordination and delivery. This role includes oversight of design development, permitting, procurement, construction activities, schedule management and quality control.

The Project Manager will coordinate closely with City representatives, design professionals, subcontractors, utilities and authorities having jurisdiction to ensure that project objectives are met in a safe, compliant and timely manner. The proposed Project Manager has extensive experience delivering public-sector energy and infrastructure projects in active facilities and is supported by SitelogIQ’s internal engineering, construction and compliance resources.

4.2 Federal Compliance Lead
SitelogIQ will assign a dedicated Federal Compliance Lead responsible for supporting compliance with applicable federal funding and oversight requirements throughout project delivery.

This role works in close coordination with the Project Manager and City staff to ensure that documentation, cost tracking and recordkeeping practices align with funding requirements and audit expectations.

City of AgouraHills | Agoura Hills Civic Center Microgrid Project The Federal Compliance Lead supports procurement transparency, documentation standards and record retention practices consistentwith federally funded project environments. Thisrole also assists with coordination between project delivery teams and agency finance or grant administration staff to ensure that compliance considerations are integrated into project executionratherthanaddressedretroactively.

4.3 Key Technical and Construction Personnel
SitelogIQ’s project team includes experienced engineering, construction management and field supervision professionalsresponsible for executing the work in accordance with approved plans,safety requirements and quality standards. These team members bring direct experience delivering solar, battery energy storage and advanced electrical infrastructure projectsfor public agencies.

Key technical and construction personnel are supported by SitelogIQ’sin-house engineering, safety and quality controlteams, ensuring consistentstandards and accountability across all phasesofdelivery.

4.4 Summary of Relevant Design-Build Experience
Collectively, the proposed team has delivered numerous public-sector design-build projects involving complex coordination,regulatory oversight and operational constraints. Teammembers have supported projects delivered within occupied facilities, under public works requirements and in environments requiring careful sequencing and stakeholdercommunication.

This experience enablesthe team to anticipate challenges, manage risk proactively and deliver projectsin amanner consistentwith the City’s expectationsfor quality,safety and transparency.

4.5 LengthofTimewithFirmandComparableProjectRoles
SitelogIQ’s proposed key personnel have established tenure with the firm and have served in comparable roles on similar projects. This continuity supportsinstitutional knowledge, consistent project execution and long-termaccountability throughout delivery.

Detailsregarding individualtenure,roles and relevant project experience are provided in the attachedresumes.
13 President

LEED AP
Oversight
Lead

LEED AP
Engineering
Ed Duncan
Subcontractors
Technicians
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project Organizational Chart
Key Personnel

EXECUTIVE OVERSIGHT
Nate Gustus
Project Manager

DESIGN & ENGINEERING
Charlie Oliver,

LEED AP, CEM
Director of Engineering
Scott Clemons, PE
Sr. Electrical Engineer
Jocelyn Powell
Interconnections
Specialist
Consultants

PROCUREMENT
Alice McCoy
Procurement Manager
Vendors & Suppliers

IMPLEMENTATION COMMISSIONING & START-UP OPS & MAINTENANCE 14 Start-Up
15 City of AgouraHills | Agoura Hills Civic Center Microgrid Project Jonathan Brown, PE, CEM, LEED AP
Vice President, West Energy
Background: Jonathan Brown is a Professional Engineer (PE), Certified Energy Manager (CEM) and a LEED Accredited Professional (AP) for Building Design and Construction. He has 20+ years of industry experience, including with project development, design, implementation and O&M. Over the last five years, Jonathan has Industry
Experience
20+ years
Education
Bachelor
of Science,
Mechanical
Engineering,
California
Polytechnic
Institute,Pomona
developed and implemented over 100 MWs of solar energy generation systems and 10 MWs of battery energy storage systems.

Responsibilities:Jonathanwillprovideexecutiveoversightthroughout the project development and implementation process. Jonathan’s primary responsibility is to ensure alignment between the City of Agoura Hills’ objectives and our company’s commitment to delivering high-value, sustainable energy solutions. He will serve as the key liaison between City leadership and our internal teams, facilitating clear communication, addressing stakeholder priorities and ensuring contractual and project goals are achieved. His role is to oversee strategic direction, maintain accountability and foster a collaborative partnership focused on long-term success.

License/Certifications
3 California Professional Engineer #M32835
3 Certified Energy Manager (CEM), Association of Energy Engineers 3 Leadership in Energy and Environmental Design Accredited Professional (LEED AP), U.S. Green Building Council
Industry
Experience
30+ years
Education
Bachelor
of Science,
Engineering US
Merchant Marine
Academy
Certifications/
Registrations
California
Professional
Engineer, CA
#28891
John Gajan,PE
President, West Energy
Background:John Gajan is a senior executive with more than 30 years of experience in energy services, renewable energy and energy efficiency. He has a proven record of building market-leading organizations and delivering projects safely, on budget and with consistent results. His expertise covers the full project lifecycle including sales, project development, engineering, construction and long-term operations and maintenance (O&M).

John is a licensed Professional Engineer (Mechanical) with deep experience in design and construction, project management, project development and engineering and planning.

Licenses
3 California Professional Engineer #M32835
Professional Memberships & Associations
3 American Society of Heating, Refrigeration & Air Conditioning Engineers (ASHRAE)
3 Construction Management Association of America (CMAA) 16 City of AgouraHills | Agoura Hills Civic Center Microgrid Project Keegan Gothie, CEM
Project Development, West Energy
Background:KeeganGothiehasoverfiveyearsofengineeringand consulting experience in the energy industry related to educational, municipal, commercial and residential developments. He earned his Master of Science degree in Energy and Environmental Management Industry
Experience
5+ years
Education
MasterofScience
in Energy and
Environmental
Management,
University of
Connecticut
Bachelor of Arts
in Geography &
GIS, University of
California, Santa
Barbara
and a Graduate Certificate in Sustainable Environmental Planning and Management from the University of Connecticut.

Responsibilities: Keegan identifies and builds opportunities for projects primarily in the local government and K-12 spaces. These projects incorporate photovoltaic systems, battery energy storage systems, EV chargers, HVAC systems, lighting fixtures, controls and other energy conservation measures. Specific responsibilities related to these projects include performing energy engineering analyses and assessments, calculating financial performance, pinpointing procurement opportunities, coordinating with clients and subcontractors and determining overall project feasibility.

Certifications/Registrations
3 Certified Energy Manager (CEM) – Association of Energy Engineers 3 EPA Section 608, Type II – CalCERTS, Inc.

Industry
Experience
30+ years
Education
Associate
of Science,
Construction
Management,
San Joaquin Delta
College
License
California
Contractor B,
C-36 General and
Plumbing #819721
Richard Martinez
Safety Manager, West Energy
Background: Richard Martinez is a U.S. Navy Seabee veteran with extensive expertise in construction management and project leadership.

A results-oriented Project Manager, he brings decades of experience directing subcontractor teams through every phase of construction.

As a Construction and Safety Manager, he has specialized in ESCO projects, collaborating with architects, engineers and field staff to delivermultimillion-dollarHVAC,solar and heavy construction projects successfully.

Responsibilities: Richard ensures construction projectsstay on track by coordinating daily reporting and site walks with Superintendents to maintain safety and quality standards. He plans and schedules field coverage, confirming site presence two weeksin advance and works closely with subcontractorsto align schedules. Building strong relationships with project owners, he keeps projects within scope and ensures all work meets required plans and specifications. He also answers contractor questions in the field, submits RFIs when needed, tracks addendums and modifications and supports the team through every phase of the project from development and bidding to design, implementation, commissioning and warranty.

Certifications
3 OSHA 30-Hour
City of AgouraHills | Agoura Hills Civic Center Microgrid Project Nate Gustus, CEM, CMVP
Project Manager, West Energy
Background: Nate Gustus has spent more than eight years working in the solar and clean energy industry, focusing on project operations, construction management and day-to-day coordination with clients and field teams. He has managed complex projects for cities, counties and special districts, serving in both Program Manager and Construction Manager roles.

Industry
Experience
8+ years
Education
Bachelor of Arts
Environmental
Studies Loyola
University,
Chicago
Associate of
Science Electrical
Technology,
Diablo Valley
College
Industry
Experience
28+ years
Education
Master of Business
Administration,
Business
Administration,
University of Alaska,
Anchorage
Bachelor ofScience,
Civil Engineering
With both NABCEP and OSHA 30 certifications, Nate brings a strong understanding of safety, sequencing and field logistics. He’s known for keeping teams organized, anticipating issues before they reach the jobsite and helping clients navigate technical decisions with clarity. His background blends hands-on construction knowledge with the ability to keep multidisciplinary teams aligned and moving in the same direction.

Nate has extensive experience working with education and public agencies across California, managing solar, battery storage and energy efficiency projects for K–12 districts, cities and counties. He understands how to plan and phase construction around school schedules, campus safety requirements and operational constraints. His steady communication style and familiarity with public-sector processes—procurement, reporting, stakeholder coordination and utility engagement—make him a dependable partner for agencies that need clear planning and predictable delivery.

Nate supports overall program and project strategy, leads construction planning and identifies the resources needed to keep work on schedule. He manages communication across teams, facilitates project updates and works closelywith clientsto ensure the projectstays consistentwith their goals.Nate oversees field coordination, helps resolve issues as they arise and maintains steady, clear communication fromkickoffthrough closeout.

Jeff Dennis
Federal Compliance Lead
Vice President of Operations, West Energy
Background:JeffDennisoffersover28yearsofexperienceinGeneraland Government Contracting being a director and manager of IDIQ projects for clients like the FAA, DOE and USACE. Included with his portfolio of successfully delivered projects, are a number of challenging ESPC projects, Environmental Restorations (CERCLA), airports, hospitals and commercial real estate. By leading organizations to deliver obligations on time and on budget, his employers have received excellent CPARS reviews. While no two projects are alike, adherence to standard work, lean construction principles and a cando attitude are the keys to success. Jeff is a Six Sigma Lean Expert and holds both a BS, Civil Engineering and a master’s in Business Administration from the University of Alaska Anchorage.

Responsibilities:Jeffisresponsible forour FederalProject complianceand will ensure requirements are met to secure funding for this program. 17 18
City of AgouraHills | Agoura Hills Civic Center Microgrid Project Scott Clemons,PE
Senior Electrical Engineer, WestEnergy
Background: Scott Clemons graduated from California Polytechnic State University with a Bachelor of Science in Electrical Engineering and focused in Power Systems, Photovoltaic Systems Design and Sustainable Energy Conversion.

Industry
Experience
10+ years
Education
Bachelor of
Science, Electrical
Engineering,
California State
University, San
Luis Obispo
Certifications
OSHA 30-Hour
He has over 10 years of experience designing projects including solar, advanced energy storage, fuel cell, electric vehicle charging, microgrid applications and general building industry design. He serves as a leading resource in electrical design, utility coordination and renewable power applications for public agencies, grant funded programs and private clientele.

Responsibilities: Scottwillberesponsibleforprojectdesign, coordination with subcontractors, quality control and quality assurance of solar installation, Microgrid coordination, electrical service assessments and energy storage validation.

License/Certifications
3 California Professional Engineer #E23777
Industry
Experience
35+ years
Education
Bachelor
of Science,
Administration/
Real Estate-Land
Use, California
State University,
Sacramento
Certifications
OSHA 30-Hour
CPR Certified
Ed Duncan
Construction Manager, West Energy
Background: Ed Duncan is a highly experienced construction professional with over 35 years of expertise across commercial and residential sectors.

His skill set includes project management, site supervision, design/build delivery, permit processing and thorough knowledge of regulatory codes.

Ed is recognized for his strong leadership, customer service and safetyfirst approach. He is proficient in key project management tools including Procore and StructionSite and consistently delivers high-value projects while fostering lasting client relationships.

Responsibilities: Edisresponsible forday-to-day siteoperations,ensuring that each jobsite is safe, compliant and progressing according to plan.

Ed monitors contractor performance, oversees schedule adherence and manages on-site quality control to ensure all construction activities meet the City’s standards and expectations. He resolves field issues in real time, coordinating among trades and project partners to maintain momentum and avoid costly delays. Ed facilitates regular site meetings and reporting with City’s representatives, architects and inspectors, promoting transparency and accountability. From groundbreaking through final walkthrough, he serves as the City’s eyes and ears on the ground, safeguarding project integrity and ensuring the delivery of high-quality environments for City staff.
19 City of AgouraHills | Agoura Hills Civic Center Microgrid Project Lesley Soekland, MBA
Director of Operations, West Energy
Background: Known for her can-do attitude and ability to drive projects, Lesley Soekland has successfully executed over $140M in solar projects since starting with SitelogIQ in 2015, including a single $30M project built in just 9 months.

Industry
Experience
18+ years
Education
Master of Business
Administration,
University of
Phoenix
Bachelor of
Science, General
Engineering,
California State
University, San
Luis Obispo
With varied experience across the construction industry (general contracting, mechanical, alarm, residential solar), Lesley is a leader in project planning and a natural coach for her colleagues. As a team member, Lesley is highly valued by all departments from Sales and Development through Construction,Operations andMaintenance.

In addition, from 2015-2020, she served as project manager (working with customers and design teams to get the project completed), construction manager (working in the field with subcontractors to resolve issues and coordinate with customer personnel onsite), quality control manager (validating installations were completed according to plan, code and to SitelogIQ standards) and commissioning agent (verifying the monitoring systems were operational and system performancemet expectations) on all her projects.

Responsibilities: Lesley drives SitelogIQ’s best-in-class project delivery process and ensures the successful execution of projects to clients on-time and on-budget. As a working director, Lesley is both responsible for the operations team and for managing several of her own projects.

Certifications/Registrations
3 OSHA 30-Hour
SitelogIQ | 5: Licenses,
Registrations and Credentials
SitelogIQ willmaintain allrequired professional and contractorlicenses,registrations and credentials necessary to perform the services described in this RFQ.

License Status Disclosure:

SitelogIQ certifiesthat neitherthe firm nor its proposed key personnel have any current or pending suspension,revocation or disciplinary action that would impair performance ofthe servicesrequired underthis procurement.
22 Home | Online Services | License Details
ewed.

Additional Status
on thislicensemay be removed at a future date ifthe qualifying

25. Classifications
City of AgouraHills | Agoura Hills Civic Center Microgrid Project Contractor's License Detail for License #
1054171
DISCLAIMER:Alicensestatus checkprovidesinformationtakenfromtheCSLB licensedatabase.Beforerelyingonthisinformation,youshouldbeawareofthe followinglimitations.
CSLB complaint disclosure isrestricted by law ( B&P 7124.6 ) Ifthis entity issubject to public complaint disclosure click on link that will appear below formore information. Click here for a definition of disclosable actions.  Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

Data current as of 6/27/2025 10:52:40 AM
Business Information

SITELOGIQ INC
1151 N DEL RIO PLACE
ONTARIO, CA 91764
Business Phone Number:(916) 914-1929
Entity Corporation
Issue Date 05/31/2019
Expire Date 05/31/2027
License Status
This license is current and active.

Allinformationbelowshouldberevi
 Oneormore ofthe classifications
personisnotreplacedby08/29/20
 C10 - ELECTRICAL
A - GENERAL ENGINEERING
 B - GENERAL BUILDING
23 City of AgouraHills | Agoura Hills Civic Center Microgrid Project

APPLICATION FOR

PUBLIC WORKS CONTRACTOR REGISTRATION
Registration Information
Type: Public Works
Period: 07/01/2023 06/30/2026
Contractor Information
Contractor Name: SitelogIQ Inc.

Trade Name:

License Type Number: PW-LR-1000394068
Contractor Physical Address
Physical Business Country: United States of America Physical Business City/ Ontario Province:

Physical Business Address: 1151 N Del Rio Place Physical Business State: CA Physical Business Postal 91764
Code:

Contractor Mailing Address
Mailing Country: United States of America Mailing City/Province: Minneapolis Mailing Address: 80 South 8th Street Ste 1850 Mailing State: MN Mailing Postal Code: 55402
Contact Info
Daytime Phone: Daytime PhoneExt.:

Mobile Phone: Business Email: [email protected]
Applicant’s Email: [email protected]
Registration Services:: Page 1of 2 5/15/2023 12:13:59PM City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 24 City of AgouraHills | Agoura Hills Civic Center Microgrid Project 25 SitelogIQ | 6: Financial Capacity
and Bonding Capability

6.1 Financial Capacity
SitelogIQ, Inc. has the financial strength,
stability and resources necessary to
successfully complete projects of this
size and complexity for California public
agencies. SitelogIQ maintains strong
financial standing, with annual California
revenues exceeding $100 million and no
outstanding debt, providing the balance
sheet strength required to manage
procurement, construction and cash flow
requirements withoutreliance on project
advances or external financing.

SitelogIQ has successfully delivered
hundreds of energy and infrastructure
projectsforCaliforniacities, counties,school
districts and other public entities, many
of which were executed concurrently and
within active facilities. This experience
demonstrates not only technical capability,
but also the financial discipline required to
procurematerials,manage subcontractors
and sustain project execution through
completion.

6.2 Payment and Performance
Bonding Capability
SitelogIQ has the demonstrated ability to
obtain payment and performance bonds
for public works projectsin accordance with
City of Agoura Hills and State of California
requirements. SitelogIQ maintains a singleproject bonding capacity of up to $30 million and an aggregate bonding capacity
of up to $450 million, enabling support of
this project and concurrent public-sector
workwithoutfinancialstrain.

This bonding capacity reflects the
confidence of SitelogIQ’s surety partners
in the firm’s financial controls, project
management practices and consistent
record of successful delivery. SitelogIQ is
prepared to furnish all required payment
and performance bonds upon award and in
accordance with the City’s requirements.

✓
AON -
- .:
- .
,.
,
-,- ,, I) •
/ ..-""t7l.'
I "
October 30, 2025
RE: SiteloglQ, Inc. Bonding Capacity
To Whom It May Concern:

This will confirm that Aon is the surety bond broker for SiteloglQ, Inc. ("SiteloglQ") AXA XL, Ascot, AXIS, Berkley, Hanover, Intact, Siriuspoint American Insurance Company, Sompo and Trisura ("Sureties") are current surety partners for SiteloglQ. SiteloglQ is a valued customer of each surety with ongoing relationships that, in some instances, exceed 5 years.

SiteloglQ has single project bond capacity in excess of $50 Million and a collective aggregate bond capacity in excess of $450 Million. Available capacity is dependent on what bonds are currently in force.

Please note that this letter is not an assumption of liability, nor is it a bid bond or performance bond. Any request for surety support would be subject to normal Surety underwriting procedures and is exclusively a matter between SiteloglQ and its Sureties. Therefore, there is no liability to you or to any third party if for any reason Sureties do not execute anybonds. ,._
Patricia A. Rambo
Attorney-in-Fact
,, .. ....
- >:...

ContractSuretyServices -- ....• •
Two Logan Square, Philadelphia, PA 19103
.,
•;,
:::_ u J.
4/i l.; 4,.--.../li,.-
.'ijJ ill I I..,_ - ••
......

City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 28 Tel: 215.255.2000 www.aon.com
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 29 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 30 City of Agoura Hills | Agoura Hills Civic CenterMicrogrid Project 31 City of Agoura Hills | Agoura Hills Civic CenterMicrogrid Project 32 City of Agoura Hills | Agoura Hills Civic CenterMicrogrid Project 33 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 34 City of Agoura Hills | Agoura Hills Civic CenterMicrogrid Project 35 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 36 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 37 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 38 City of AgouraHills | Agoura Hills Civic Center Microgrid Project

6.3 Insurance Coverage and Capacity
SitelogIQ maintains comprehensive insurance coverage appropriate for design-build and energy infrastructure projects, including commercial general liability,workers’ compensation, automobile liability and professional liability (errors andomissions)insurance. Coverage limits are structured to meet or exceed typical California public agency requirements and support the full scope of design, construction and project managementservices provided.

Certificates of insurance evidencing required coverages and limits can be provided upon request and priorto contract execution. Sample Certificate is below. 39 SitelogIQ | 7: Safety Record and
Workforce Information

7.1 Workers’ Compensation Experience
History
SitelogIQ maintains an effective workers’
compensation program supported by
disciplined safety planning, training and field
oversight. Our Experience Modification Rate
(EMR) has consistently remained better than
the industry standard, reflecting a proactive
approach to injury prevention and risk
management.

7.2 Safety Program Overview
Safety is a foundational element of SitelogIQ’s
project delivery approach and is treated as a
core operational responsibility at every level
of the organization. Our safety program is
designed to protect workers, facility occupants
and the public while ensuring compliance with
all applicable federal, state and local safety
regulations.

SitelogIQ maintains a comprehensive
Corporate Safety Manual governing all job site
activities.All employees and subcontractors are
required to formally acknowledge and comply
with thismanual priorto performing work.

Safety expectations are reinforced through
training, field supervision and regular job site
safety meetings.

7.3 Safety Management and Oversight
For each project, SitelogIQ assigns qualified onsite supervision responsible for enforcing safety requirements, coordinatingdaily activities
and maintaining a safe work environment.

Project managers and field leadership conduct
routine site inspections to verify compliance
and proactively identify and correct potential
hazards.

SitelogIQ’ssafety leadership conducts periodic
audits, including unannounced inspections,
to assess compliance and support continuous
improvement. Safety concerns and near-miss
incidents are encouraged to be reported and
addressed promptly to prevent escalation.

7.4 JobSiteSafetyPractices
SitelogIQ’s job site safety practices are tailored
to the conditions of each facility and project.

Typical measures include secure fencing
and delineation of work areas, controlled
access points, coordination with facility
representatives and careful sequencing of
work to maintain safe operations in occupied
environments.

All personnel participate in a site-specific safety
orientation prior to beginning work. Regular
safety meetings are conducted to review
ongoing activities, identify emerging risks and
reinforce safety expectations.
42 City of AgouraHills | Agoura Hills Civic Center Microgrid Project

7.5 Regulatory Compliance
SitelogIQ’s safety program is implemented in accordance with California OSHA standards and applicable local regulations. Material safety is addressed through proper handling, storage and documentation, including maintenance of Safety Data Sheets (SDS) and training on safe material use.

Subcontractors are required to comply with SitelogIQ’ssafety standards and aremonitored for adherence throughoutthe project.

7.6 Safety PerformanceRecord
SitelogIQ maintains a strong safety performance record demonstrating the effectiveness of its safety program. SitelogIQ West has had no reportable OSHA incidentsin the past five years and our EMR has consistently remained betterthan the industry standard.

Thissafety performance meetsthe definition of an acceptable safety record asrequired under CaliforniaPublicContractCodeSection22164.
43 City of AgouraHills | Agoura Hills Civic Center Microgrid Project March 7, 2024
Re: SitelogIQ, Inc.

To Whom it May Concern:

The California Workers’ Compensation Insurance Rating Bureau (WCIRB) Experience Modification for SitelogIQ, Inc. and its related entities for the past five years are as follows:

Rating Effective Date Entity WCIRB
3/1/2024 SitelogIQ, Inc. 0.94
3/1/2023 SitelogIQ, Inc. 0.86
3/1/2022 SitelogIQ, Inc. 0.77
3/1/2021 SitelogIQ, Inc. 0.77
3/1/2020 SitelogIQ, Inc. 0.75
3/1/2019 Famand Inc. /Indoor Environmental Services
Energy Retrofit Co.

Monterey Energy Inc.

0.63 Should you have any questions, please do not hesitate to contact our office.

Regards,
Kendra Hegeholz
Lockton Companies
Senior Account Manager
LOCKTON COMPANIES 763.512.8600
5500 Wayzata Blvd., Suite 510, Minneapolis, MN 55416-3577 lockton.com SitelogIQ | 8: Skilled and Trained
Workforce Commitment
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 45 SitelogIQ hereby commitsto comply with the Skilled and Trained Workforce requirements of California Public Contract Code Section 22164(c) for all applicable work performed underthis project.

SitelogIQ will ensure that contractors and subcontractors at every tier performing work subject to these requirements meet the applicable skilled and trained workforce criteria, including apprenticeship graduation and workforce standards, as required by law. Compliance with Skilled and TrainedWorkforce requirements will be incorporated into subcontractorselection, contracting and project oversight processes.

In support of this commitment, SitelogIQ engages subcontractors through a deliberate selection process that prioritizes demonstrated performance, regulatory compliance and familiarity with California public works requirements. We maintain established relationships with qualified local and regional trade partners and actively monitor workforce compliance throughout project execution.

SitelogIQ | 9: FederalGrant
Compliance Experience
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 47

9.1 Experience Complying with 2 CFR
Part 200 Requirements
SitelogIQ has extensive experience supporting
public agencies in the delivery of energy and
infrastructure projects funded through federal
and state programs that require procurement
transparency, disciplined cost controls,
documentation and audit readiness consistent
with the principles of 2 CFR Part 200 Uniform
Guidance.

Across K–12, municipal and other publicsector projects, SitelogIQ has worked alongside agency finance, facilities and
program oversight staff to support projects
incorporating federally sourced funding and
incentive mechanisms, including Inflation
Reduction Act (IRA) Direct Pay incentives,
ESSER stimulus funding, ARPA-supported
projects and state-administered programs
with federal oversight components. These
funding frameworks require rigorous
adherencetoeligibilitycriteria,costallowability,
documentation standards, record retention
andpost-installationverification.

In these environments, SitelogIQ maintains
structured internal controls and project
documentation practices that align
scope, costs and schedules with funding
requirements. Project records are developed
and maintained throughout design and
construction to support agency review,
reimbursement, closeout and long-term audit
needs. This approach enables public agencies
to pursue federally supported infrastructure
projects with confidence that compliance
obligations are integrated into delivery rather
than treated as an afterthought.

9.2 Experience with FEMA, Cal OES or
Similar Grant Programs
SitelogIQ has significant experience supporting
public agencies implementing energy and
infrastructure projects funded through stateand federally sponsored grant and incentive programs with compliance, documentation
and reporting requirements comparable to
those administered by FEMA and California
Office of Emergency Services (Cal OES).

While SitelogIQ has not served as the prime
administrator for FEMA or Cal OES disaster
recovery grants, we have supported publicsector clients delivering projects funded through federal stimulus programs, federal
incentive programs and California Energy
Commission–administered programs, including
CalSHAPE, SGIP, DEBA, Proposition 39 and the
CEC 0% Loan Program. These programs require
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 48 detailed eligibility verification, coordination
with administering agencies, inspection and
verification processes and comprehensive
recordkeeping throughout design and
construction.

In these roles, SitelogIQ supports clients
by aligning project scope with funding
requirements, preparing technical and
financial documentation, coordinating
inspections and verifications and maintaining
organized project records suitable for
agency review and audit. This experience has
positioned our team to operate effectively
within grant-funded project environmentsthat
emphasize transparency, accountability and
responsible stewardship of public funds.

9.3 AuditSupportandRecordkeeping
Experience
SitelogIQ has a demonstrated track record
supporting audit and recordkeeping
requirements associated with state- and
federally influenced energy programs.

Our teams routinely develop organize and
maintain the documentation required to
support agency oversight, verification and
post-installationreview,ensuringtransparency
and accountability throughout the project
lifecycle.

A significant portion of this experience
includes long-standing work under California
Energy Commission audit and compliance
processes, particularly Proposition 39–funded
projects. This work has involved preparing
application materials, tracking eligible costs,
coordinating required inspections and
assembling final reporting and closeout
packages in alignment with CEC program
requirements. Projects supported by SitelogIQ
have successfully completed audit processes
without failed audits.

By maintaining clear, well-organized records
from project initiation through closeout,
SitelogIQ enables public agencies to respond
efficiently to audit inquiries and oversight
reviews. This disciplined approach reduces
administrative burden on agency staff while
supporting compliance objectives and
demonstrating responsible stewardship of
public funds.

SitelogIQ | 10: References
City of AgouraHills | Agoura Hills Civic Center Microgrid Project 50 SitelogIQ hassuccessfully delivered energy and infrastructure projectsfor California public agencies and other public-sector entities. The following references represent projects of comparable size,scope and complexity completedwithin the pastfive (5) years.

Hanford Elementary School District, Hanford,CA

1. Project Name&Location:HanfordElementary SchoolDistrict – Hanford, CA

2. Project Size: 10 Level 2 19.2kW EV chargers, 1 BESS with 60 kW / 130 kWh DC capacity, multiple PV arrays and HVAC replacements.

3. Project Cost: $7,082,854

4. Year Completed:2022

5. Name of Project Manager: Tyler Murphy

6. NameofClient&ContactInformation:JoyGabler,Superintendent– 559.585.3600

7. Brief Physical Description: (Model: Blink IQ200 Level 2 AC), BESS (Model: Chint Power Systems ESS – 60/130)

8. Rule21 ElectricalInterconnection Experience: Typically long

9. Utility Provider Experience: Slow butsmooth

10. ProjectScheduleOverview:Awarddate:5/27/2020,Installation completion date: 6/2/2021, Commercial operation date: 11/13/2021.

REFERENCES
City of AgouraHills | Agoura Hills Civic Center Microgrid Project Tulare County Office of Education, Tulare County, CA

1. Project Name & Location: Tulare County Office of Education Solar PV and BatteryStorage

2. Project Cost: $5,788,141

3. Year Completed:2025

4. Name of Project Manager: Mike Rubino

5. NameofClient&Contact Information:TimHire,Superintendent, 559.733.6300

6. Brief Physical Description: SitelogIQ is delivering a comprehensive Solar PV and Battery Energy Storage System project for the Tulare County Office of Education under a turnkey design-build model. This project is structured to strengthen long-term energy resilience, reduce operating costs and support TCOE’s commitment to sustainable facility operations.

WiseburnUnifiedSchoolDistrict,ElSegundo,CA

1. Project Name & Location: WUSDSolar,EVandBESSProject–El Segundo, CA

2. Project Size:16Level2EVchargers,4BESSwith120kW/258kWhDC capacity

3. Project Cost: $9,446,555

4. Year Completed:2025

5. Name of Project Manager: JamesChan

6. NameofClient&Contact Information:NoemiAvila-Zamudio, President & CEO, Naz Consulting, Inc. – 949.616.6530

7. BriefPhysicalDescription:EVchargers(Model:ChargepointCT4021- GW1 AND Chargepoint CT4011-GW1), BESS (Model: Socomec HES L 100/372).

8. Rule21ElectricalInterconnectionExperience:AviationEShadaddress issues when applying for interconnection which lead to delays.

9. Utility Provider Experience: Long response times from SCE and different reviewers have different requirements.

10. Project Schedule Overview: Award date: contract executed 11/27/2023, Substantial completion Solar : 2/24/2025, substantial completion BESS:
6/3/2025 Commercial operation date: Solar PTO: 2/7/2025 BESS PTO:
6/9/2025.
51 SitelogIQ | 11: Certifications and
Disclosures

11.1 Certification Under Penalty of
Perjury
I certify under penalty of perjury under
the laws ofthe State of California that the
information submitted in this Statement
ofQualificationsistrue and correct to the
best of my knowledge and belief and that I
am authorized to submit this Statement of
Qualifications on behalf ofthe entity identified
below.
▶ Legal Name of Respondent: SitelogIQ, Inc.
▶ Authorized Representative: John Gajan
▶ Title: President, West Energy
▶ Signature:
▶ Date: February 13, 2026

11.2 Conflict ofInterest Disclosure
SitelogIQ, Inc. certifies that no officer,
employee or agent of the City of Agoura Hills
has any financial interest, direct or indirect,
in this Statement of Qualifications or in
any agreement that may result from this
solicitation and that no conflict of interest
existsthatwould prevent SitelogIQ, Inc.
from performing the services in an objective,
independent and ethical manner.

11.3 Litigation History (Past Five Years)
SitelogIQ, Inc. certifies that it has disclosed
all litigation, arbitration, mediation or claims
involving public works performance within the
past five (5) years.
[ ] No litigation, arbitration or mediation within
the past five (5) years
[ X] See disclosure below
Description:

SitelogIQ has no pending litigation, claims or
disputes related to public works performance
within the pastfive years. In 2025, aWisconsin
school district filed a declaratory judgment
action solely to clarify a contract term. The
matter wasresolved amicably, with no finding
of fault, performance deficiency or financial
penalty. Other than this resolved matter,
SitelogIQ has had no litigation, arbitration or
mediation during the past five years.

ills Civic Center Mic
Delaware
The First State