Agenda packet — Brea City Council, November 18, 2025 (part 1 of 3)

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Closed Session - 6:00 p.m.

Study Session - 6:30 p.m.

General Session - 7:00 p.m.

Tuesday, November 18, 2025, 7:00 PM

COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Blair Stewart, Mayor Cecilia Hupp, Mayor Pro Tem Christine Marick, Council Member Marty Simonoff, Council Member Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection.

Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.gov. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.

Written comments may be submitted in advance of the meeting by emailing [email protected].

Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M.

1.A. Call to Order/Roll Call

1.B. Public Comment

1.C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation. Initiation of Litigation: 1 potential case.

2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M.

2.A. Call to Order/Roll Call

2.B. Public Comment

2.C. Clarify Regular Meeting Topics

2.D. Distinguished Brea Athletes Program

2.E. Council Member Reports/Requests

2.F. Study Session Adjournment

3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.

3.A. Call to Order/Roll Call

3.B. Pledge of Allegiance: Brea Girl Scouts Troops 8101 & 3013

3.C. Invocation: Pastor Vaughn Jarrett, The Way

3.D. Report - Prior Study Session

3.E. Community Announcements

3.F. Matters from the Audience

3.G. Response to Public Inquiries

4. PUBLIC HEARING
This portion of the meeting is for matters that legally require an opportunity for public input.

Audience participation is encouraged and is limited to 5 minutes per speaker.

4.A. Zoning Ordinance Text Amendment (ZOTA) No. 2025-03: Omnibus Code Update — 1. Waive full reading and introduce Ordinance No. 1269 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2025-03 (Omnibus Code Update)"; and
— 2. Approve a California Environmental Quality Act (CEQA) Exemption Determination; and — 3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.

5. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."

5.A. November 4, 2025 Regular City Council Meeting Minutes — 1. Approve.

5.B. Second Reading of Ordinance No. 1268, an Ordinance of the City of Brea Extending the Term of a Pipeline Franchise Granted to Cardinal California Pipeline, L.P., and Approve a CEQA Exemption Determination
— 1. Waive full reading of and adopt Ordinance No. 1268, "An Ordinance of the City Council of the City of Brea extending the term of a Pipeline Franchise granted to Cardinal California Pipeline, L.P.," by title only and approve a California Environmental Quality Act (CEQA) exemption determination; and
— 2. Appropriate any revenues received as part of this franchise in the Fiscal Year 2025-2026 Operating Budget; and
— 3. Authorize the City Clerk to accept a new faithful performance bond upon final adoption of the Ordinance.

5.C. Award Design-Build Contract to GSE Construction Company for Carbon Canyon Booster Pump Station No. 2 Improvements, CIP 7470
— 1. Amend the FY 2025-27 City’s Operating and Capital Improvement Program Budget to appropriate $750,000 from the City’s Water Fund (420) for Carbon Canyon Booster Pump Station No. 2 Improvements, CIP 7470; and
— 2. Award a Design-Build Contract to GSE Construction Company, Inc., in the amount of $2,667,000.00; and
— 3. Authorize the City Engineer to issue Change Orders up to a "not to exceed" amount of 10% of the Contract Price. There is no fiscal impact to the General Fund.

5.D. October Outgoing Payment Log and City Disbursement Registers for October 31 and November 7, 2025
— 1. Receive and file.

5.E. Monthly Report of Investments for the City of Brea for Period Ended October 31, 2025 — 1. Receive and file.

6. CITY/SUCCESSOR AGENCY - CONSENT

6.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended October 31, 2025
— 1. Receive and file.

7. ADMINISTRATIVE ANNOUNCEMENTS

7.A. City Manager

7.B. City Attorney

7.C. Council Requests

8. COUNCIL ANNOUNCEMENTS

8.A. Council Announcements

9. ADJOURNMENT

9.A. Meeting Adjournment
Date Posted: November 13, 2025
CITYof BREA
City Council Regular Meeting
Communication
November 18, 2025
Item No. 2D.

Distinguished Brea Athletes Program

TO PREPARED BY
Honorable Mayor and City Council Members Sean Matlock, Deputy Director of Community Services

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Carrie Hernandez, Director of Community Services Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Review and consideration of proposed changes to the City of Brea Distinguished Brea Athletes Program Policy.

2. Provide direction on bringing back the information at a future City Council meeting for consideration to approve the revised City of Brea Distinguished Brea Athletes Program Policy

BACKGROUND/DISCUSSION
In 2008, former Mayor Don Schweitzer expressed interest in honoring Brea athletes whose sporting accomplishments reached the pinnacle of their field of expertise and whose performance has been of state, national, and/or international importance. Because of this interest, the Parks, Recreation and Human Services Commission worked with staff to develop a uniform policy and criteria for the selection of Brea sons and daughters to be recognized as Distinguished Brea Athletes at the Brea Sports Park.

The policy intent was to produce a fair, objective and consistent process for the selection of individuals recognized as Distinguished Brea Athletes for inclusion on a permanent display at the Brea Sports Park. Nominations for recognition will be accepted by the City during the month of October of every fourth odd year starting in 2009. If nominations are submitted, an Ad Hoc Selection Committee will be the first level of review of nominated individuals. The Ad Hoc Selection Committee will consist of two (2) members from the Brea Historical Society and two (2) members from each of the following City Commissions: The Cultural Arts Commission, the Parks, Recreation and Human Services Commission, and the Planning Commission. In addition, the Mayor shall appoint one (1) member from the City Council to serve on the Ad Hoc Selection Committee. The process of nominating a candidate for consideration will require the person and/or organization making the nomination to substantiate their reasons and provide verifiable documentation which supports their recommendation, as well as assume the responsibility to fund and/or replace the bronze plaque honoring the nominee. Each person and/or organization will be limited to one nomination per year.

The selection of persons to be honored will be completed in time to be confirmed by Resolution of the City Council no later than the second regularly scheduled City Council meeting in February of each year. Staff would recommend to change this timeframe no later than the second regularly scheduled City Council meeting in April of each year. This provides enough time for staff to establish the Ad Hoc Committee by meeting with each of the Commissions during a regular meeting and receiving those appointments; and time for the Ad Hoc Committee to meet and provide their recommendation to the City Manager’s Office.

The proposed policy was presented to the City Council on May 5, 2009, and was approved. There were seven (7) athletes honored with a 24” X 18” bronze bust view wall plaque, which are mounted on the back wall of the bleachers at field number three at the Brea Sports Park. The inaugural plaques for this program were paid for out of the funding for the Sports Park. The policy states that subsequent plaques and the ongoing maintenance thereafter will be paid by the person and/or organization making the nomination.

Since 2009, we have not had any additional athletes recognized. In October 2025, a nomination form was received which falls within the current parameters of the policy. Staff felt this was a good time for the City Council to review the policy and provide any direction moving forward. In addition, staff is researching various plaque materials that could be used as an alternate to bronze, which would be more cost effective and also lesson the potential of theft.

FISCAL IMPACT/SUMMARY
Staff will assist in establishing the Ad Hoc Committee, however, the current policy has minimal impact on resources. The majority of staff work, including but not limited to, scheduling and convening the meetings, taking and preparation of minutes, and the preparation of the report with recommendations, will be the responsibility of the Brea Historical Society. As a result, there is no fiscal impact to the General Fund.

Attachments
DISTINGUISHED BREA ATHLETES Policy - November 2025.pdf

CITY OF BREA DISTINGUISHED BREA ATHLETES

PROGRAM POLICY

POLICY STATEMENT
The purpose of this policy is to ensure that persons recognized as Distinguished Brea Athletes have reached the pinnacle of their field of expertise and whose performance has been of state, national, and/or global importance.

This policy establishes uniform procedures for the selection of individuals to be recognized as Distinguished Brea Athletes. The policy also establishes criteria that will guide members of a Selection Committee in recommending names for approval by the Council in a fair, objective and consistent manner.

PROCEDURE FOR NOMINATING AND SELECTING INDIVIDUALS TO BE

HONORED
A. Responsibility of the City Manager’s Office
Implementation of this policy is the responsibility of the City Manager’s Office.

1. Requests concerning a person to be recognized as a Distinguished Brea Athlete shall be made in writing to the City Manager’s office on an approved nomination form.
a. In some instances, it may be appropriate to actively solicit suggestions and, in those cases, the City Manager should specify a time frame for submissions and method of notification.
b. All submittals, whether from an individual or an organization, must include the name and address of the submitter. No anonymous submittals will be accepted.
c. All suggestions will be given the same consideration without regard to the nomination source.

2. The City Manager and/or designee is responsible for conveying the nomination forms to the Brea Historical Society and presenting the recommendations from the Ad Hoc Selection Committee to the City Council.

B. Criteria
The selection criterion for inclusion in the Distinguished Brea Athletes Program involves meeting most, if not all, of the following:

1. The candidate shall have lived in Brea while attending a private or public elementary and/or secondary school for a minimum of two years;

2. The candidate must have clearly demonstrated exceptional athletic achievements of state, national, and/or international importance;

3. The candidate must have professional experience in their field of endeavor, or have participated in International Olympic and/or World competition; Distinguished Brea Athletes Program Policy

2 4. The candidate is the recipient of major state, national and/or international awards, medals, honors, and/or recognition;

5. The candidate has been a positive role model;

6. The candidate has been listed in reliable reputable national references or publications;

7. Junior titles and/or High School performances shall not be considered.

8. Candidate’s eligibility shall begin five years after his or her retirement from active participation in their respective sport of recognition.

C. Responsibility of the Ad Hoc Selection Committee

1. The Ad Hoc Selection Committee shall consist of one City Council member appointed by the Mayor, two members from the Brea Historical Society, and two members from each of the following Commissions:
a. The Cultural Arts Commission
b. The Parks, Recreation and Human Services Commission
c. The Planning Commission

2. The City Manager’s Office will convey the nomination forms to the Brea Historical Society during the month of November if nomination(s) were received during the month of October.

3. The Ad Hoc Selection Committee will consider the criteria in Section B above and the written supporting documentation only. Any information that is submitted after the October 31 closing date will not be considered.

4. The Ad Hoc Selection Committee will form a recommendation to the City Council.

If approved, staff will prepare a transmittal and resolution for consideration and approval by the Council. The transmittal shall include a narrative citing the notable achievements and contributions of the individual and a copy of the application form.

D. Nominations

1. Either individuals and/or organizations may nominate candidates for consideration;

2. Each person and/or organization may only nominate one candidate per authorized nomination year;

3. Nominations may be submitted to the City Manager’s office by October 31 of every fourth year, beginning in 2009;

4. Nominations shall be submitted using the City approved application and must include documentation that supports the recommendation (see criteria).

Distinguished Brea Athletes Program Policy

3 5. Each person and/or organization shall assume the full responsibility to fund and maintain and/or replace if necessary the bronze plaque honoring the nominee should their nominee be selected by the Ad Hoc Selection Committee.

E. Council Action

1. The recommendation(s) received from the Ad Hoc Selection Committee shall be placed on the Council agenda no later than the second regularly scheduled Council meeting in the February April following October 31 of the nomination year for final approval.

2. Action by the Council shall be taken by Council Resolution.

NOTE: Questions and/or clarification of this policy should be directed to the City Manager’s Office.

Application for Nomination to the Distinguished Brea Athletes Program City of Brea
1 Civic Center Circle, Brea, CA 92821
Attention: City Manager’s Office
Please review the criteria below before submitting an application to nominate an individual for the Distinguished Brea Athletes Program. Applications that are incomplete or do not meet the criteria will be rejected.

Criteria
The selection criterion for inclusion in the Distinguished Brea Athletes Program involves meeting most, if not all, of the following:

1. The candidate shall have lived in Brea while attending a private or public elementary and/or secondary school for a minimum of two years;

2. The candidate must have clearly demonstrated exceptional athletic achievements of state, national, and/or international importance;

3. The candidate must have professional experience in their field of endeavor, or participated in International Olympic and or/World competition;

4. The candidate is the recipient of major state, national and/or international awards, medals, honors, and/or recognition;

5. The candidate has been a positive role model;

6. The candidate has been listed in reliable reputable national references or publications;

7. Junior titles and/or High School performances shall not be considered.

8. Candidate’s eligibility shall begin five years after his or her retirement from active participation in his/her respective sport of recognition.

Date:

Nominated Individual:

Nominating Individual/Organization:

Name:

Address:

Preferred contact phone No.: E-mail
Background of nominee:

Reason you believe this individual should be inducted into the Distinguished Brea Athletes Program (attach additional pages if required):

Please include all supporting documentation including the documentation required within the criteria.

Each person and/or organization shall assume full responsibility to fund, maintain, and/or replace the bronze plaque honoring the nominee.

If you have questions regarding the nomination process, please contact the City Manager’s Office at (714) 990-7710.

SUBMIT COMPLETED APPLICATION BY OCTOBER 31 TO:

City Manager’s Office, 1 Civic Center Circle, Brea, CA 92821 Date Received by the City Manager:

Submitted to Ad Hoc Selection Committee:

Date scheduled for review by Committee:

CITYof BREA
City Council Regular Meeting
Communication
November 18, 2025
Item No. 4A.

Zoning Ordinance Text Amendment (ZOTA) No. 2025-03: Omnibus Code Update

TO PREPARED BY
Honorable Mayor and City Council Members Graham Bultema, Assistant Planner

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director
Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Waive full reading and introduce Ordinance No. 1269 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2025-03 (Omnibus Code Update) (Attachment A); and

2. Approve a California Environmental Quality Act (CEQA) Exemption Determination (Attachment A); and

3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.

BACKGROUND/DISCUSSION
Municipal codes require periodic updates to maintain consistency with state laws, improve clarity, and better serve the public. As an effort to improve the readability and relevancy of the Brea City Code (“Code”), the City implemented an on-going work program (omnibus code update) in 2023 to continually update the Code on a regular basis, specifically focused on Title 20: Zoning Code. Since the last omnibus code update in March 2025, the City continued with the work program and identified several provisions of the Code that require revision due to recent shifts in policy trends, new state laws and new regulations. The main goals for this omnibus code update are to provide internal consistency within the Code, modernize it to reflect good planning practices, and ensure alignment with recent state laws. If approved, the proposed amendments will be included in an ordinance updating 10 chapters of Titles 14 and 20 of the BCC.

Proposed Amendments
The proposed amendments can be categorized into seven topic areas. The following provides an overview of the proposed amendments by topic area:

Amendment #1: Hydrogen-Fueling Stations Expedited Review Process Hydrogen-fueling stations are a type of alternative fueling station for hydrogen-fuel vehicles. On October 3, 2017, the City Council adopted Ordinance No. 1194 to establish BCC Chapter 14.08 to provide an expedited permitting process for electric vehicle charging stations. New state legislation (SB 1418, 2024) requires jurisdictions to adopt an ordinance creating an expedited, streamlined permitting process for hydrogen-fueling stations by September 30, 2026. These amendments would revise existing regulations in BCC Chapter 14.08 to expedite permitting of electric vehicle charging stations and, consistent with new state legislation, add new regulations to expedite permitting of hydrogen-fueling stations.

Amendment #2: Housing Element Compliance
The Housing Element is a state-mandated chapter of the Brea General Plan that describes, identifies, and analyzes the City’s housing needs and addresses the maintenance and expansion of the community housing supply. The City’s 6
th Cycle Housing Element was adopted by the City Council in August 2022 and was certified by the State Department of Housing and Community Development (HCD) in September 2022. The 6 th Cycle Housing Element is implemented through a series of housing programs. The proposed amendments would continue to implement Housing Element Program #8 (Housing Opportunity Sites and Rezone Program) and Program #8a (Lot Consolidation Program) and would bring these programs into compliance with state housing law.

Focused Development Sites
Housing Element Program #8 requires the City to amend the Zoning Code to allow by-right development of multiple-family residential developments (both for-sale and rental) in which 20 percent or more units are affordable to lower-income households on sites that are required to be rezoned to address the lower-income Regional Housing Needs Assessment (RHNA) shortfall and sites that are reused from the City’s 5 th Cycle
Housing Element. To implement Housing Element Program #8, the City Council previously adopted an ordinance requiring that multiple-family residential developments meeting the aforementioned affordability criteria to be a permitted by-right use on properties designated as Focused Development Sites Nos. 1, 2, 3, 7, and 10 in the City’s 6th Cycle Housing Element. The proposed amendment would codify the aforementioned requirements to apply to all Focused Development Sites.

Consistent with state law, this amendment would also codify other state requirements for rezoned and focused development sites, including minimum residential density standards (20 units per acre), residential use standards for mixed-use projects (50 percent minimum residential floor area), and allowing multiplefamily residential developments by right for projects in which 20 percent or more of the units are affordable to lower-income households. All Focused Development Sites are within mixed-use zones, where standards for residential density are expressed as a range. Currently, all mixed-use zones currently have a minimum allowable density of 12.1 units per acre or lower. As such, these amendments would bring these sites into compliance with state housing law.

Lot Consolidation Program
Housing Element Program #8a requires the City to conduct outreach to property owners of housing element sites and to codify incentives. In September 2024, a survey was sent to property owners of properties within Focused Development Sites to elicit feedback on lot consolidation incentives for future housing. The survey responses were evaluated and used to update the City’s Lot Consolidation Incentive Program, adding new incentives to increase the maximum allowed lot coverage, increase the maximum allowed height, and defer impact and permit fees.

Amendment #3: Permitted Land Uses & Land Use Definitions Permitted land uses are specified in the City’s permitted land uses table, where land uses are permitted, conditionally permitted, or prohibited based on the zoning district. These land uses are defined within the title.

Various minor updates are proposed to permitted land uses and land use definitions, including a new Family Daycare Home land use and definition, and updates to the following land uses: Automotive, Sales and Leasing; Automotive, Service Stations; Retail Sales, Warehouse Stores; Offices, Administrative & Professional; Medical Services, Clinics/Offices; Cemeteries; Golf Courses; Utilities; and Medical Services, Hospitals. These amendments are proposed to provide clarity and flexibility to businesses in the community while ensuring safety and compatibility.

Amendment #4: Development Standards
The Zoning Code prescribes minimum and maximum development standards and off-street parking requirements that govern private property based on the zoning of the property. Various minor updates are proposed to clarify requirements and provide flexibility in interpreting the minimum outdoor living space standards and parking requirements for single-family homes proposing minor additions.

Amendment #5: Variance and Administrative Remedy Findings Administrative remedy and variance applications are discretionary application types that allow for deviations from development standards. Approval of an administrative remedy would allow for minor modifications from standards, such as a modification of maximum building height by not more than 10 percent of the requirements of the zone. Approval of a variance would allow for deviations for properties with special physical circumstances, such as a deviation from setback or lot coverage standards for a property that is smaller than all other neighboring properties, or some instances greater than a 10 percent deviation. These application types currently lack formal findings for approval, which can make evaluating development projects more subjective. To provide clear criteria for the City and the developers, staff have developed findings for approval of these applications based on state law and research of similar applications in nearby cities.

Amendment #6: Public Noticing
Consistent with state law, the City’s current public noticing regulations for projects that require a public hearing require that public notices be published in at least one local newspaper and be mailed to property owners within the vicinity of the project site at least ten (10) calendar days before the hearing date. Public notices are also posted at the entrance to the council chambers prior to public hearings. To provide increased transparency and additional opportunities for community awareness of development projects, the City’s public noticing requirements are proposed to be expanded to also include required on-site posting on the project site of a notice of public hearing for projects that require a public hearing, as well as required on-site posting of a notice of application filing for larger development projects, such as new residential projects of five or more units and commercial or industrial projects containing 10,000 square feet or more of new building area. The required size for the notice of application filing sign(s) would be four feet by eight feet, and at least one noticing sign would be required to be posted on each street frontage of the project site at a location that maximizes its visibility to the public. The notice of application filing sign would be required to later be updated to include a notice of public hearing at least ten (10) calendar days prior to a public hearing. An example of the notice of application filing sign is shown in Figure 1.

FIGURE 1 - NOTICE OF FILING SIGN EXAMPLE
Amendment #7: Other Minor Updates
Various sections of the Code require corrections and clarification to improve internal consistency. These updates include removing incorrect references and notes and correcting grammatical errors and inconsistencies.

Overall, these amendments are intended to streamline processes, eliminate outdated provisions, and ensure that the City’s code remains up-to-date and aligned with state laws and best practices. If adopted, these changes will enhance the clarity, efficiency, and effectiveness of the Code for both staff and the public.

The proposed amendments can be found in the draft Ordinance (Attachment A). More detailed analysis of the proposed amendments is provided in the October 28, 2025 Planning Commission staff report (Attachment B). The redlines associated with above listed amendments, which show deletions in strikethrough and additions in underlines (Redline), can be found in the Exhibit A of the Planning Commission Resolution. A table summarizing the proposed amendments as described in this Section of the report, which also provides specific section numbers of both the Redline and the draft Ordinance applying to each topic area, is provided as Attachment C.

Environmental Assessment
The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed amendment to the BCC is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to comply with state legislation requiring an expedited permitting process for hydrogen-fueling stations (SB 1418, 2024), comply with housing laws, improve consistency in the permitted land uses table, definitions, and parking sections, clarify development standards for new construction, update findings for specific applications (variance, administrative remedy), enhance opportunities for public noticing, and clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency. As such, the proposed amendments will not have a significant effect on the environment. Any future developments would be subject to CEQA review.

Public Notice and Comments
This Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment D. As of the writing of this report, staff has not received public comments.

COMMISSION/COMMITTEE RECOMMENDATION
On October 28, 2025, the Planning Commission, on a 4-0-1 vote (ayes: Perez, Schlotterbeck, Donnini, Madden, absent: Gribble), approved a resolution recommending that the City Council approve the Project. The draft meeting minutes of the October 28, 2025, Planning Commission meeting are Attachment E.

FISCAL IMPACT/SUMMARY
The Project is limited to the adoption of an ordinance to amend the BCC. There is no fiscal impact to the General Fund.

Attachments
Attachment A - Draft Ordinance ZOTA 2025-03.pdf
Attachment B - October 28, 2025 Planning Commission Staff Report.pdf Attachment C - Summary of Amendments Table.pdf
Attachment D - Public Hearing Notice.pdf
Attachment E - October 28, 2025 Planning Commission Draft Meeting Minutes.pdf 1 3074262.2
ORDINANCE NO. 1269

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

AMENDING THE BREA CITY CODE BY ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. ZOTA 2025-03 (OMNIBUS CODE

UPDATE) AND APPROVING A CEQA EXEMPTION DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the City and its residents.
(ii) Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.) and the State of California Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) (14 C.C.R. § 15000 et seq.), the City is the “lead agency” for the preparation and consideration of environmental documents for this Ordinance. (iii) On October 28, 2025, the Planning Commission conducted a duly noticed public hearing concerning Zoning Ordinance Text Amendment (“ZOTA”) No. 2025-03 and adopted its Resolution No. 2025-26 recommending approval by the City Council. (iv) On November 18, 2025, the City Council conducted a duly noticed public hearing concerning ZOTA No. 2025-03, as set forth in this Ordinance. It is the intent of the City Council in adopting this Ordinance to update various Zoning Code provisions, and ancillary Development Code provisions, to: comply with state legislation requiring an expedited permitting process for hydrogen-fueling stations (SB 1418, 2024); comply with housing laws; improve consistency in the permitted land uses table, definitions, and

ATTACHMENT A
2 parking sections; clarify development standards for new construction; update findings for specific planning applications (variance, administrative remedy); enhance opportunities for public noticing; and clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency. (v) Adoption of this Ordinance is consistent with and implements the General Plan.
(vi) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and welfare of the community and is a valid exercise of the local police power and in accord with state law. (vii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

SECTION 2. Title of Chapter 14.08 (Electric Vehicle Charging Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

14.08 ELECTRIC VEHICLE CHARGING AND HYDROGEN-FUELING STATIONS SECTION 3. Section 14.08.010 (Purpose) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

14.08.010 PURPOSE.

The purpose of this chapter is to fulfill the requirements of Cal. Gov’t Code § 65850.7 and to promote and encourage the use of electric vehicle charging and hydrogen-fueling stations through an expedited, streamlined permitting process for electric vehicle charging and hydrogen-fueling stations, while protecting public 3 health and safety and preventing adverse impacts in the installation and use of such stations.

SECTION 4. Section 14.08.020 (Definitions) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

14.08.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.

ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION. Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

HYDROGEN-FUELING STATION. The equipment and structural design components necessary to ensure the safety of the fueling station, including hydrogen-refueling canopies, that are used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that are open to the public.

SPECIFIC, ADVERSE IMPACT. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

SECTION 5. Section 14.08.030 (Expedited Permitting Process) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

14.08.030 EXPEDITED PERMITTING PROCESS.
4 Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen-fueling stations, and adopt checklists of all requirements with which electric vehicle charging stations and hydrogen-fueling stations shall comply in order to be eligible for expedited review. The expedited, streamlined, permitting process and checklists may refer to the recommendations contained in the most current version of the “Electric Vehicle Charging Station Permitting Guidebook” or the “Hydrogen Station Permitting Guidebook”, published by the Governor’s Office of Business and Economic Development. The city’s adopted checklists and any other required permitting documentation shall be published on the city’s website.

SECTION 6. Subsection A of Section 14.08.040 (Permit Application Processing) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

SECTION 7. Subsection B of Section 14.08.040 (Permit Application Processing) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

B. A permit application that satisfies the information requirements in the city’s adopted checklists shall be deemed complete and shall be promptly processed.

Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the city’s adopted checklists, and are consistent with all applicable laws and health and safety standards, including the requirements of Cal. Gov’t Code § 65850.7(f), the Building Official shall approve the application and issue all necessary permits. Such approval does not authorize an applicant to utilize the electric vehicle charging station or hydrogenfueling station until approval is granted by the city. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 5 SECTION 8. Section 14.08.050 (Prohibited Uses) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

14.08.050 PROHIBITED USES.

The issuance of a permit for an electric vehicle charging station or hydrogenfueling station shall authorize only the installation of such permitted station, in accordance with all permit requirements. Following its installation, the permitted station shall be used solely for the purpose of charging electric vehicles or fueling hydrogen vehicles. No signage or advertising of any kind, other than labeling identifying the manufacturer, shall be attached to the station. Any use of a permitted station for commercial purposes, i.e., requiring payment or rendering of anything of value as a condition of use of the permitted station, shall constitute a commercial use of the property where the station is located for purposes of the city’s Zoning Code, and shall render the permit issued pursuant to this chapter null and void.

SECTION 9. Subsection A of Section 14.08.060 (Technical Review and Appeal of Conditions or Denial) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

A. It is the intent of this chapter to encourage the installation of electric vehicle charging stations and hydrogen-fueling stations by removing obstacles to their permitting, while maintaining the authority of the Building Official to address higher priority life-safety situations, consistent with Cal. Gov’t Code § 65850.7. If the Building Official makes a specific, written finding based on substantial evidence that the electric vehicle charging station or hydrogen-fueling station could have a specific, adverse impact upon the public health or safety, as defined in this chapter, the city may require the applicant to apply for a use permit. No complete application satisfying the requirements of this chapter shall be denied unless the city makes written findings, based on substantial evidence, that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no “feasible method to satisfactorily mitigate or avoid the specific, adverse impact”, (as that term is defined in Ca. Gov’t Code § 65850.7(i)(1)).

SECTION 10. Subsection C of Section 14.08.060 (Technical Review and Appeal of Conditions or Denial) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen- 6 Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

C. In the technical review of an electric vehicle charging station permit application or hydrogen-fueling station permit application, consistent with Cal.

Gov’t Code § 65850.7, the Building Official shall not condition the approval for any such permit on the approval of such system by an association, as that term is defined by Civil Code § 4080.

SECTION 11. Section 14.08.070 (Electric Vehicle Charging Station Installation Requirements) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) of Title 14 (Sustainable Provisions) of Part I (Municipal Code) of the Brea City Code is amended to read as follows:

14.08.070 INSTALLATION REQUIREMENTS.

A. Specific requirements for electric vehicle charging stations.

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Electrical loads resulting from the installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

B. Specific requirements for hydrogen-fueling stations.

1. Hydrogen-fueling station equipment shall meet all of the following, as applicable:
a. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories. 7 b. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
c. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.

2. A hydrogen-fueling station permit application shall only be administratively approved on parcels that satisfy either of the following:
a. The parcel is zoned for industrial or commercial development and does not contain any residential units.
b. The parcel was previously developed with service station, where “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

C. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations or hydrogen-fueling stations shall meet the requirements of the California Building or Residential Code, as applicable, based on the occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

SECTION 12. Subdivision (1) (“A” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add in alphabetical order a new “Automotive, Hydrogen-Fueling Stations” entry to read as follows:

AUTOMOTIVE, HYDROGEN-FUELING STATIONS. A commercial facility offering equipment for fueling hydrogen vehicles.

SECTION 13. “Automotive, Sales and Leasing” of Subdivision (1) (“A” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
8 AUTOMOTIVE, SALES AND LEASING. Facilities that consist of the established place of business operated by a "dealer" for the sale and long-term lease of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the accessory onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. May include ancillary automobile repair.

SECTION 14. “Automotive, Sales and Leasing (Limited)” of Subdivision (1) (“A” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

AUTOMOTIVE, SALES AND LEASING, LIMITED. Indoor showrooms, where vehicles are sold online, and offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in motor vehicles at either retail or wholesale within an enclosed structure, where any outdoor vehicle storage/display is limited to one (1) vehicle to be used for display and/or test driving. This use does not include any vehicle maintenance or repair work.

This use class includes "autobroker" or "auto buying service", as defined in § 166 of the Cal. Vehicle Code.

SECTION 15. “Automotive, Service Stations” of Subdivision (1) (“A” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

AUTOMOTIVE, SERVICE STATIONS. Commercial establishments that sell fuel for motor vehicles, commonly referred to as gasoline stations. Also includes establishments selling alternative fuels, except electric vehicle charging stations and hydrogen-fueling stations. May include ancillary convenience retail and other automobile services.

SECTION 16. “Development Agreements” of Subdivision (4) (“D” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of 9 Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

DEVELOPMENT AGREEMENTS. An agreement duly entered into in compliance with state law (Cal. Gov't Code §§ 65864 et seq.).

SECTION 17. Subdivision (6) (“F” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add in alphabetical order a new “Family Daycare Homes” entry to read as follows:

FAMILY DAYCARE HOMES. Facilities that regularly provide care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and are either a large family daycare home or a small family daycare home, as defined by § 1596.78 of the Cal. Health and Safety Code. This use does not include daycare centers, as defined by § 1596.76 of the Cal. Health and Safety Code.

SECTION 18. “Utility” of Subdivision (21) (“U” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

UTILITIES. Manned or un-manned facilities that provide the public with electricity, gas, water, communications, sewage collection or other similar service. Antennas for telecommunications systems are not included.

SECTION 19. Subsection C of Section 20.08.030 (Outdoor Living Space) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows.

C. Elements included. The following elements may be constituted as outdoor living space and included in calculating the required space:
10 1. Swimming pools and pool decks.

2. Paved recreation areas.

3. Landscaped area, garden, etc.

4. Covered patios, unenclosed structures, and balconies.

SECTION 20. Subsection B.2.a of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
a. All required parking spaces and garages shall be located on the same lot, or the same building site in the case of a shopping center. Where a parking lot owned by the city is located within four hundred (400) feet of the front door or main entry of the building, parking requirements listed in paragraph D. of this section may be reduced as determined by the Community Development Director.

SECTION 21. Subsection C.2.b of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
b. Sizes.
(1) Perpendicular or angular stalls.
(a) Residential.
(i) Covered - ten (10) feet wide by twenty (20) feet long (interior clear dimension to be nine (9) feet wide by nineteen (19) feet long), minimum seven (7) feet height clearance.
(ii) Uncovered - nine (9) feet wide by nineteen (19) feet long. (b) Nonresidential. Nine (9) feet wide by nineteen (19) feet long, minimum eight (8) feet height clearance.
(2) Parallel stalls. Eight (8) feet wide by twenty-three (23) feet long. (3) Handicapped stalls. All accessible parking spaces requirements to be governed by the California Building Code standards.
11 (4) Compact stalls shall be a minimum of eight (8) feet wide by sixteen (16) feet long.
(a) Compact stalls may be permitted in multiple family residential projects of five (5) or more units in accordance with the provisions of this paragraph C.
(b) Compact stalls may be permitted in commercial and industrial projects requiring a minimum of forty (40) parking spaces in accordance with the following conditions:
(i) A maximum of fifteen percent (15%) of the required number of parking spaces may be compact stalls.
(ii) The maximum number of compact parking stalls may be increased upon approval of a conditional use permit, but in no event shall the number of compact stalls exceed thirty percent (30%).
(iii) Each compact stall approved hereunder shall be individually designated as a compact stall per the City of Brea Public Works Standards. (c) All parking areas containing compact stalls shall be approved by the Community Development Director and the City Traffic Engineer. (5) Overhang. Parking stall lengths, except parallel spaces, may be reduced by two (2) feet [seventeen (17) feet for standard size stalls; fourteen (14) feet for compact stalls] where the front of the parking stall abuts a landscaped area or sidewalk which is a minimum of four (4) feet clear. Such landscape area shall be enclosed with a minimum of six (6) inch high curb and no trees or shrubs shall be planted in the two (2) foot reduced area.
(6) Parking for electric vehicle charging. Parking stalls for electric vehicle charging shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter 14.08 of this Code.
(7) Parking for hydrogen fueling. Parking stalls for hydrogen fueling shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter

14.08 of this Code.
(8) Bicycle parking. All residential and non-residential bicycle parking requirements to be governed by the California Green Building Code standards. 12 SECTION 22. The Non-Residential category of Table 20.08.040.D of Section

20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add in alphabetical order new entries for “Automotive, Hydrogen-Fueling Stations” and “Family Daycare Homes” entries to read as follows:

Table 20.08.040.D
Use Minimum Parking Stalls Required
Non-Residential
Automotive, hydrogen-fueling stations 1 space per charging station.

Community care facility, large 5.5 spaces per 1,000 square feet Family daycare homes None required, except for the spaces required for the underlying use.

SECTION 23. Subsection F of Section 20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

F. Housing opportunity sites. Dwellings, Multiple-Family use in which 20 percent or more of the units are affordable to lower income households shall be permitted by right on properties designated as Focused Development Sites in the city's 2021- 2029 Housing Element (6th Cycle). Development shall meet all of the requirements of the respective zone in which such sites are located in unless otherwise permitted by this Title, and shall comply with the provisions of applicable environmental documents for such site, if any. For other Focused Development Site standards, see Section 20.258.010(D) of this title.

SECTION 24. The Non-Residential Uses category of Table 20.11.020.A (Permitted Land Uses Table) of Section 20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Automotive, 13 Sales and Leasing”, “Automotive, Service Stations”, “Cemetery”, “Community Care Facility, Large”, “Golf Course”, “Medical Services, Clinics/Offices”, “Medical Services, Hospitals”, “Offices, Administrative & Professional”, “ Religious Assembly”, “Retail Sales, Warehouse Stores”, and “Utilities” entries, and to add in alphabetical order new entries for “Automotive, Hydrogen-Fueling Stations” and “Family Daycare Homes” entries to read as follows:
14 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

20.206.040.
2 In MU-I, MU-II, and MU-III Zoning districts, nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions

NON-RESIDENTIAL
USES
Automotive,
Hydrogen-Fueling
Stations
-- -- -- -- -- -- P P P P P P P P P P P P P P P
Automotive, Sales and
Leasing -- -- -- -- -- -- -- -- -- C C -- -- C C -- -- -- -- -- -- (1) Uses that do not include any outdoor
storage/display of vehicles are considered as
"Automotive, Sales, and Leasing (limited)" use.
(2) Automotive repair is allowed as an ancillary
use.
15 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions
Automotive, Service
Stations -- -- -- -- -- -- -- C C C C C C C C C C -- -- -- -- (1) A conditional use permit for a new service
station at any location within the corporate
limits of the city shall not be approved and
granted to any company or an affiliated
company that owns, leases, rents or has
control of, in any manner, property that is
presently occupied by an abandoned or vacant
service station at any other location within the
corporate limits of the city. Abandoned or
vacant, as used herein, shall mean that the
service station has not been in operation for a
period of ninety (90) days or more prior to the
date the Planning Commission adopts its
resolution on the application for a new service
station. This provision shall not apply to an
abandoned or vacated service station that has
been legally converted to and is being utilized
for another permitted use, or to a service
station that is not in operation because it is in
the process of being reconstructed or
remodeled.
(2) New service stations are only conditionally
allowed in the MU-I Zone or MU-II Zone if the
service station is an ancillary use to a Retail
Sales, Warehouse Stores use.

Cemetery -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C (1) In PF Zoning district, the use is permitted
only on properties within the "Cemetery"
General Plan Land Use Designation.

Community Care
Facility, Large -- -- -- -- -- -- -- C C C C -- -- -- -- C C C -- -- -- 16 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions
Family Daycare
Homes P P P P P P -- -- -- -- -- -- -- -- -- P P P -- -- -- (1) Family daycare homes are allowed in
detached single-family dwellings, townhouses,
dwelling units within a dwelling, or dwelling
units within a covered multifamily dwelling in
which the underlying zone allows for
residential uses.

Golf Course -- C C -- -- -- -- -- -- -- -- P C -- -- -- -- -- P -- -- (1) In PRO Zoning district, only publicly owned
golf courses are allowed.

Medical Services,
Clinics/Offices -- -- -- -- -- -- P P P P P -- M M -- P P P -- -- -- Medical Services,
Hospitals -- -- -- -- -- -- C -- C C C -- C C C C C -- -- -- -- Offices, Administrative
& Professional -- -- -- -- -- -- P P P P P -- M M -- P P P -- -- -- Religious Assembly C C C C C C C C C C C -- C C -- C C C -- -- -- (1) In C-M, M-P, and M-1 Zoning districts, this
use shall not locate within one thousand (1,000)
feet, as measured from closest property line, of a
previously entitled Religious Assembly located in
C-M, M-P, or M-1 Zones.

Retail Sales,
Warehouse Stores -- -- -- -- -- -- -- -- P P -- -- P P -- P P -- -- -- -- Utilities -- -- -- -- -- -- -- -- -- P/C -- P/C -- -- P/C -- -- -- -- -- P/C (1) Privately owned utilities require a Conditional Use Permit.
17 SECTION 25. Section 20.24.100 (Nonconforming Off-Street Parking and Loading Facilities) of Chapter 20.24 (Nonconforming Structures and Uses) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.24.100 NONCONFORMING OFF-STREET PARKING AND LOADING
FACILITIES.

A. Existing conforming buildings whose off-street parking and loading facilities do not conform to the provisions of this title may only be expanded or facilities added, provided that the requirements for off-street parking and loading spaces have been complied with for those facilities which are added and enlarged.

B. Any single-family dwelling which does not conform to the provisions of this title may be expanded without providing additional parking spaces only if the addition or alteration increases the original residential floor area by the lesser of:

1. five hundred (500) square feet, or

2. twenty-five percent (25%) increase from the original residential floor area.

SECTION 26. Subsection H of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

H. Distance between buildings. The following minimum distances between walls of buildings and structures on a lot in the R-2 Zone shall apply:

1. Distance between buildings across a court. The minimum distance between opposing buildings or portions of buildings which create a court shall be not less than twenty (20) feet plus a distance equal to one-half (½) the combined heights of such walls.

2. Distance between buildings which do not form a court. a. If there are windows or entrances along either or both walls of opposing buildings (not facing a court), the distance between such walls shall not be less than fifteen (15) feet or a distance equal to one-half (½) the combined height of both walls whichever is greater. A minimum of ten (10) feet between buildings shall be free of any building projections.
b. If there are no windows or entrances along either wall of opposing buildings (not facing a court), the distance between such walls shall not be less than ten (10) feet.
18 SECTION 27. Subsection D of Section 20.258.010 (Mixed-Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

D. Housing Opportunity Sites. For Focused Development Sites specified in the city's 2021-2029 Housing Element (6th Cycle), the following additional standards shall apply to new residential development:

1. The minimum residential density shall be twenty (20) dwelling units per acre.

2. Residential uses in mixed-use development projects must occupy at least fifty percent (50%) of the total floor area of development projects on these sites.

3. One hundred percent (100%) residential use shall be allowed on these sites.

SECTION 28. Section 20.258.010 (Mixed-Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Subsection E to read as follows:

E. Plan or precise development review required. Depending on the size of the construction activity (see Table 2-1), all construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) may require review and approval in compliance with § 20.260.050 (Special Provisions) and § 20.408.040 (Plan Review).

SECTION 29. Tables 2-3 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use I Zoning District), 2-4 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use II Zoning District), 2-5 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use III Zoning District), 2-6 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use I Zoning District), 2-7 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use II Zoning District), and 2-8 (Development Standards for “Stand 19 Alone” Residential Projects in Mixed-Use III Zoning District) of Section 20.258.020 (General Development Standards for the Mixed Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code are amended to read as follows:

TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXED-USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 7,000 square feet
(1) The standards for
minimum project size, parcel
width and parcel depth are
intended to regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites specified
in the city's 2021-2029
Housing Element (6th
Cycle), the minimum
residential density is 20
dwelling units per acre.
(3) The standards for
accessory structures are
intended to regulate
development for residential
components of a Mixed-Use
Development.

Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for
residential uses (2) 12.1 to 50 du / acre
Maximum floor area ratio (FAR) for
nonresidential uses

3.00 Minimum setbacks
Front and street side along Ash Street, Birch
Street, Brea Boulevard and Imperial Highway
None permitted (A),
except for allowable
plazas and outdoor
dining areas/uses
Front None
Side, interior, Single-story None (B)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (B)
Side, street None
Side, interior or street, adjoining residential uses 10 feet (C) Rear, if nonresidential use adjoining
nonresidential use
None (D)
Rear, if residential use or nonresidential use
adjoining residential uses
10 feet (D)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height 100 feet
Minimum common residential open space for
each residential unit. (The minimum dimension
shall be 15 feet at any point.)
75 square feet / dwelling unit
Minimum private residential open space for each
residential unit. (The minimum dimension shall
be 5 feet at any point.)
50 square feet / dwelling unit
20 NOTE: The letters (A), (B), (C) and (D) refer to the graphics following this Table.

Accessory structures (3) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-4
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 10,000 square feet
(1) The standards
for minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites
specified in the city's
2021-2029 Housing
Element (6th Cycle), the
minimum residential
density is 20 dwelling units
per acre.
(3) The standards for
accessory structures are
intended to regulate
development for
residential components
of a Mixed-Use
Development.

Minimum parcel width (1) 100 feet
Minimum parcel depth (1) 200 feet
Minimum/maximum allowable density range for
residential uses (2)

6.1 to 40 du / acre
Maximum floor area ratio (FAR) for nonresidential uses 2.00 Minimum setbacks
Front None
Side, interior, Single-story None (E)
Side, interior, Second-story and above, if residential use adjoining residential or nonresidential uses
10 feet (E)
Side, street None
Side, interior or street, adjoining, residential uses 10 feet (F) Rear, if nonresidential use adjoining nonresidential use None (G) Rear, if residential use or nonresidential use adjoining residential uses 10 feet (G)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located on the same parcel None
Maximum structure height 60 feet
Minimum common residential open space for each
residential unit. (The minimum dimension shall be 15 feet at any point.)
75 square feet /
dwelling unit
Minimum private residential open space for each
residential unit. (The minimum dimension shall be 5 feet at any point.)
50 square feet /
dwelling unit
NOTE: The letters (E), (F), and (G) refer to the graphics following this Table.

Accessory structures (3) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

20.220.040.L
21 Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
TABLE 2-5
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for 6.1 to 18 du / acre residential uses (2)
Maximum floor area ratio (FAR) for
nonresidential 1.00
uses
Minimum setbacks
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of less than one acre
None permitted
(H), except for allowable plazas
and outdoor dining areas/uses
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of one acre or
greater
At least 50% of the parcel
frontage: None permitted (I)
Up to 50% of the parcel
frontage. (No parking within
setback allowed.): May maintain
an average setback of 10 feet (I)
Front, other than Brea Boulevard or Imperial
Highway
None
Side, interior, Single-story None (J)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (J)
Side, street, other than Brea Boulevard or
Imperial Highway None
Side, interior or street, adjoining, residential
uses
5 feet, average (K)
Rear, if nonresidential use adjoining
nonresidential use
None (L)
Rear, if residential use or nonresidential use
adjoining residential uses 10 feet (L)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the
upper floors of a parking structure.)
5 feet
NOTE: The letters (H), (I), (J), (K) and (L) refer to the graphics following this Table.

Minimum distance between structures located
on the same parcel None
22 Maximum structure height 35 feet
Minimum common residential open space for
each residential unit. (The minimum dimension
shall be 15 feet at any point.)
75 square feet / dwelling unit
Minimum private residential open space for
each residential unit. (The minimum dimension
shall be 5 feet at any point.)
50 square feet / dwelling unit
Maximum parcel coverage 65%
Accessory structures (3) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and Loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 2,500 square feet (1) The standards for minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites specified
in the city's 2021-2029
Housing Element (6th Cycle),
the minimum residential
density is 20 dwelling units
per acre.
(3) For structures located
on Ash Street, Birch Street,
or Brea Boulevard, north of
Imperial Highway, there is
no minimum setback
requirement. All other
setbacks shall be measured
from the structure face to
the nearest property line.
(4) Low level patio walls
may encroach into the
Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable
density range for residential uses (2)

12.1 to 50 du / acre
Maximum floor area ratio (FAR) for
nonresidential uses 3.00
Front and Side, Street along Ash
Street, Birch Street, Brea Boulevard
and Imperial Highway, Single-story
(3)
5 feet (M)
Front and Side, Street along Ash
Street, Birch Street, Brea Boulevard
and Imperial Highway, Second-story
and above (3)
10 feet (M)
Front, other than Ash Street, Birch
Street, Brea Boulevard and Imperial
highway (4)
15 feet (N)
Side, interior 5 feet (O)
Side, street, other than Ash Street,
Birch Street, Brea Boulevard and
Imperial highway (4)
15 feet (O)
Side, interior or street (other than
Ash Street, Birch Street, Brea
Boulevard and Imperial highway),
adjoining residential uses
10 feet (O)
Rear 5 feet (P)
Rear, adjoining nonresidential uses 10 feet (P)
Parking area setbacks (front and
23 street side). (No parking adjacent
to Brea Boulevard or Imperial
Highway allowed, except in the
upper floors of a parking
structure.)
5 feet required front or street side
setback up to a maximum
of 5 feet.
(5) In projects with
subterranean parking,
structure heights shall be
measured from the top of
the parking deck. For
structures located on Ash
Street, Birch Street, or Brea
Boulevard, the maximum
structure height shall be 55
feet.

Minimum distance between
structures located on the same
parcel
None
Maximum structure height (5) 100 feet
Minimum common open space for
each residential unit. (The minimum
dimension shall be 15 feet at any
point.)
100 square feet / dwelling unit
Minimum private open space for
each residential unit. (The minimum
dimension shall be 5 feet at any
point.)
75 square feet / dwelling unit
NOTE: The letters (M), (N), (O), and (P) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
TABLE 2-7
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE II

ZONING DISTRICT

Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable density range for
residential uses (2)

6.1 to 40 du / acre
Maximum floor area ratio (FAR) for nonresidential
uses

2.00 Minimum setbacks
Front (3) 15 feet (Q)
Side, interior 5 feet (R)
Side, street (3) 15 feet (R)
Side, interior or street, adjoining nonresidential uses 10 feet (R) Rear 15 feet (S)
Rear, adjoining nonresidential uses 20 feet (S)
Parking area setbacks (front and street side) 15 feet
24 Minimum distance between structures located on
the same parcel None (3) Low level patio walls
may encroach into the
required front or street side
setback up to a maximum of
5 feet.
(1) (4) In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Maximum structure height (4) 60 feet
Minimum common open space for each residential
unit. (The minimum dimension shall be 15 feet at
any point.)
100 square feet /
dwelling unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at any
point.)
75 square feet /
dwelling unit
NOTE: The letters (Q), (R), and (S) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5
and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E
and Section

20.220.040.F
TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED-USE III

ZONING DISTRICT

Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for
residential uses (2)

6.1 to 14 du / acre
(See Section 20.258.030.A.4)
Maximum floor area ratio (FAR) for nonresidential
uses

1.00 Front and Side, street, along Brea Boulevard and
Imperial Highway
Stand alone residential not
allowed on Brea Boulevard
or Imperial Highway
Front, other than Brea Boulevard or Imperial
Highway (3) 15 feet (T)
Side, interior 5 feet (U)
Side, street other than Brea Boulevard or Imperial
Highway (3)
15 feet (U)
Side, interior or street, adjoining nonresidential
uses
10 feet (U)
Rear 15 feet (V)
Rear, adjoining nonresidential uses 20 feet (V)
25 Parking area setbacks (front and street side).

No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet (3) Low level patio walls
may encroach into the
required front or street
side setback up to a
maximum of 5 feet.
(4) In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum distance between structures located on
the same parcel None
Maximum structure height (4) 35 feet
Minimum common open space for each
residential unit. (The minimum dimension shall be
15 feet at any point.)
100 square feet /
dwelling unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at
any point.)
75 square feet /
dwelling unit
Maximum parcel coverage (not including
parking decks) 65%
NOTE: The letters (T), (U), and (V) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
SECTION 30. Subsection B of Section 20.258.030 (Specific Development Standards For All Mixed-Use Projects) of Chapter 20.258 (Mixed-Use Zoning Districts) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Lot Consolidation Incentive Program. In order to encourage the assemblage of smaller existing parcels into larger parcels that can be more efficiently developed into a mixed-use project, the following incentives are offered:

1. Allowable incentives for parcel consolidation:
a. Reduction in on-site required parking for a mixed-use project, up to a maximum of twenty percent (20%).
b. Increase in maximum total sign area, up to a maximum of twenty percent (20%).
c. Increase in maximum lot coverage, up to a maximum of ten percent (10%).
26 d. Increase in maximum building height, up to a maximum of ten percent (10%).
e. Reduction in common and/or private open space requirements, up to a maximum of ten percent (10%).
f. Expedited permit plan check reviews.
g. City participation in provision of infrastructure (e.g., installation of curb, gutter, and sidewalk, installation of streetscape, undergrounding of utilities, upgrading of utilities, etc.).
h. Deferred development impact and/or permitting fees.

2. Parcel consolidation thresholds.
a. Consolidation of existing small parcels into a development project site of one (1) acre or greater up to two (2) acres: Any two (2) of the allowable incentives identified above, except for items f., g., and h.
b. Consolidation of existing small parcels into a development project site of two (2) acres or greater: Any four (4) of the allowable incentives identified above.

SECTION 31. Section 20.408.020 (Administrative Remedy) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Subsection D to read as follows:

D. Findings. The Director, in approving an administrative remedy application, shall find as follows:

1. That the minor modifications from the requirements of this title, with any conditions to be imposed, applied for at the location set forth in the application is properly one(s) for which an administrative remedy is authorized by this title.

2. That the minor modifications from the requirements of this title, with any conditions to be imposed, are necessary or desirable for the development of the community, in harmony with the various elements or objectives of the General Plan, and will not be out of character or detrimental to the neighborhood.

3. That with the conditions stated in the permit, the minor modification of standards will not adversely affect the public health, safety, or general welfare.

SECTION 32. Subsection A of Section 20.412.010 (Variance) of Chapter 20.412 (Quasi-Judicial Procedures) of Division III (Administration and Procedures) of Title 20 27 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

A. Purpose. The purpose of a variance is to provide for deviations from the strict application of the requirements of this title due to special circumstances applicable to a property which deprive the property of privileges enjoyed by other properties in the vicinity which are subject to identical zoning regulations.

SECTION 33. Subsection C of Section 20.412.010 (Variance) of Chapter 20.412 (Quasi-Judicial Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. Findings. The Planning Commission, in approving a variance, must make the following findings:

2. The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

3. The granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the property.

SECTION 34. Section 20.412.010 (Variance) of Chapter 20.412 (Quasi-Judicial Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Subsection D to read as follows:

D. Commission action.

1. The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within twenty-one (21) days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant. 28 2. The decision of the Planning Commission shall be final and shall become effective ten (10) days after the adoption of the resolution by the Commission, subject to the filing of a timely appeal pursuant to Chapter 20.424.

SECTION 35. Title of Section 20.416.020 (Notice of Hearings) of Chapter 20.416 (Hearings) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.416.020 NOTICE OF APPLICATION FILING.

SECTION 36. Section 20.416.020 (Notice of Application Filing) of Chapter 20.416 (Hearings) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.416.020 NOTICE OF APPLICATION FILING.

A. Notice of application filing. The following development project application types shall post a project information sign on the project site, consistent with the requirements of subsection C below:

1. Changes of Zone as identified in § 20.404.020, when proposed as part of a development project;

2. Residential development projects comprised of five or more dwelling units;

3. Commercial or Industrial development projects containing 10,000 square feet or more of new building area;

4. Hotel development projects containing more than fifty (50) rooms;

5. Large-scale development projects, as determined by the Community Development Director.

B. Posting of notice of application filing. Notices shall be posted by the applicant on the project site in compliance with the following requirements.

1. Fees. The applicant shall be notified of required sign bonding fees and sign permit filing requirements. A cash deposit is required to ensure compliance with the supplemental notification requirements including maintenance and removal of the large notification sign. The project application shall not be deemed complete until the noticing sign(s) are installed and the required cash deposit has been made.

2. Sign criteria. The following standards shall apply to public noticing signage. a. Sign size and specification. Noticing sign(s) shall be four feet by eight feet in size and be constructed to the specifications determined by the Planning 29 Division. The specific project information text on the sign shall be provided by the Planning Division.
b. Location. At least one (1) noticing sign shall be posted on each street frontage of the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.
c. Timing. Notices shall be posted within sixty (60) days of filing a development application, or within thirty (30) days of receipt of notice that the application requires a public hearing. Projects shall not be scheduled for a hearing until all noticing sign(s) are installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all noticing sign(s) installed per city standards, the project will be scheduled for a hearing.
d. Sign removal and maintenance. Noticing sign(s) shall be kept adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. Noticing sign(s) shall be removed by the applicant within thirty (30) days of the final decision or date of withdrawal.

Failure to remove the sign(s) within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the city.” C. Notice of hearing. Development projects that require a public hearing shall revise the project information sign on the project site to include the public hearing information at least ten (10) calendar days before the date set for such hearing, consistent with the requirements of subsection B above.

SECTION 37. Title of Section 20.416.030 (Conduct of Hearings) of Chapter

20.416 (Hearings) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.416.030 NOTICE OF HEARINGS.

SECTION 38. Section 20.416.030 (Notice of Hearings) of Chapter 20.416 (Hearings) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.416.030 NOTICE OF HEARINGS.

A. Time. Notice of each public hearing shall be given at least ten (10) calendar days before the date set for such hearing. (See: Cal. Gov't Code §§ 65090 and 65091).

B. Content. Each notice of public hearing shall include the following information:
(See: Cal. Gov't Code § 65094).
30 1. Time and place of the hearing;

2. Who will conduct the hearing;

3. A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;

4. Identification of the property and the area affected;

5. Where further information can be obtained;

6. A statement of the right to appear and be heard.”
C. Publication of notice. When newspaper publication of a notice of public hearing is required, such notice shall be published at least once in a newspaper of general circulation which is published and circulated in the city, or in the area affected if the matter is a prezoning of a proposed annexation to the city. (See:

Cal. Gov't Code §§ 65090 and 65091).

D. Posting of notice. The on-site posting of notices for discretionary applications that require a public hearing shall be posted on the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.

E. Notice to owners of property within five hundred (500) feet.

1. Where a public hearing is required by this code, written notification of such hearing shall be provided to owners of property located within five hundred (500) feet of the subject property, and such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is located within five hundred (500) feet of the subject property. (See: Cal. Gov't Code §§ 65091(a)(3)).

2. If the matter to be considered is a legislative matter as identified in §

20.404.010, and the number of owners to whom notice would be sent pursuant to paragraph E.1 of this section is greater than one thousand (1,000), notice may be given, in lieu of the method described in paragraph E.1. of this section, by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the area affected.

F. Notice to owners of adjacent property. When notice of a public hearing is required to be given to owners of adjacent property, such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is adjacent to the property or zone boundary directly involved in the matter under consideration.

G. Notice to persons requesting notice. For all public hearings or zoning matters, in addition to other notices, notice shall be given by first class mail to any 31 person who has filed a written request therefor with the Commission. Such a request shall be effective for the balance of the calendar year in which the request is submitted. A reasonable fee for this service may be established by the City Council for the purpose of recovering the cost thereof. (See: Cal. Gov't Code § 65092).

H. Responsibility for giving notice. The officers responsible for giving required notices of public hearings shall be as follows:

1. Notices of Director meetings and hearings shall be given by the Director.

2. Notices of Planning Commission hearings shall be given by the Commission secretary.

3. Notices of City Council hearings shall be given by the City Clerk.

SECTION 39. Chapter 20.416 (Hearings) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Section 20.416.040 (Conduct of Hearings) to read as follows:

20.416.040 CONDUCT OF HEARINGS.

A. Rules.

1. The City Council, Planning Commission, and Director shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See: Cal. Gov't Code § 65804(a)).

B. Continuance. Any hearing on a zoning matter may be continued from time to time and place to place, provided the time and place to which continued is announced prior to adjournment of the meeting from which continued. (See: Cal.

Gov't Code § 65095).

A deposit may be required with such request. (See: Cal. Gov't Code § 65804(b)).

SECTION 40. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the 32 environment because it enacts omnibus code amendments that will not have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 41. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 42. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.

SECTION 43. CERTIFICATION.

The City Clerk shall certify to the passage of this Ordinance.

PASSED, APPROVED, AND ADOPTED, this ___ day of _______, 2025. _________________________________
Blair Stewart
Mayor
ATTEST:
_________________________________
Victoria Popescu
City Clerk
33 I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea, held on the 18th day of November, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the 2
nd day of December, 2025, by the following
vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________
_____________________________
City Clerk
CITYof BREA
Communication
October 28, 2025
Item No. 3A.

Omnibus Code Update ZOTA No. 2025-03

TO PREPARED BY
Chair and Members of the Planning Commission Graham Bultema, Assistant Planner

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director Kristin Griffith, City Manager

EXECUTIVE SUMMARY
As an effort to continuously improve the Brea Zoning Code (Code), which is codified in Title 20 of the Brea City Code (BCC), the City has initiated a Zoning Code Text Amendment (ZOTA) No. 2025-03 amending various chapters of the Code and Title 14 of the BCC. The proposed amendment is an omnibus code update that would provide the following: 1) improve consistency in the permitted land uses table, definitions, and parking, including the modernization of certain land use classifications; 2) clarification of development standards for new construction; 3) update findings for specific applications (variances, administrative remedies); 4) enhance opportunities for public noticing; 5) compliance with state legislation (SB 1418); 6) compliance with housing laws; and 7) clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency.

The proposed amendment herein is referred to as the “Project.”

RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution (Attachment A), recommending the City Council take the following actions:

1. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and,

2. Adopt an ordinance approving ZOTA No. 2025-03, amending Titles 14 and 20, Chapters 14.08, 20.00, 20.08,

20.11, 20.24, 20.216, 20.258, 20.408, 20.412, 20.416 of the BCC, as outlined in Exhibit A of the Resolution.

BACKGROUND

ATTACHMENT B
Municipal codes, like the BCC, require periodic updates to ensure consistency between the City policies and State law, to improve clarity, and to better serve the public. As an effort to improve the readability and relevancy of the Code, staff implemented an on-going work program in 2023 to continually update the Code on a regular basis.

Since the last omnibus code update, which was adopted in February 2025 by the City Council, staff continued to evaluate the Code and identified a number of provisions in the Code requiring updates due to changes in policy and new laws and standards. As part of this review process, staff worked with other departments and divisions, technical experts, and the City Attorney to review and consider the proposed changes. Additionally, staff surveyed and analyzed codes and policies from other agencies as appropriate and applicable.

The main goals for this omnibus amendment are to provide internal consistency within the Code, modernize it to reflect good planning practices, and ensure alignment with recent State laws. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance, which includes updates to 10 chapters of the BCC.

DISCUSSION
The proposed amendments can be categorized into seven topic areas, which include:

1. Improving consistency in the permitted land uses table and definitions section;

2. Clarifying certain development standards for new construction;

3. Updating findings for variances and administrative remedies;

4. Enhance opportunities for public noticing;

5. Compliance with SB 1418, complying with housing laws;

6. Clarifying certain zoning provisions; and

7. Addressing existing errors and incorrect references.

A table summarizing the proposed amendments described in this Section of the report is Attachment C, and the following provides an overview of the proposed amendments, divided into different topic areas.

Amendment #1: Permitted Land Uses & Land Use Definitions Permitted land uses are specified in the City’s permitted land uses table, where land uses are permitted, conditionally permitted, or prohibited based on the zoning district. These land uses are defined in the City’s definitions section within the general provisions chapter. Various minor updates to permitted land uses and land use definitions are proposed in order to provide clarity and provide flexibility to businesses in the community while ensuring safety and compatibility.

Proposed Amendments
The proposed amendments would update various land use definitions and regulations as follows:

Family Daycare Home:

Include a Family Daycare Home land use definition in the definitions chapter, consistent with the State definition in Health and Safety Code, in order to provide clarity to residents as to where the land use is allowed.

Update the permitted land uses table to allow Family Daycare Homes in all residential zones and provide a reference note specifying what types of residential dwelling units are allowed to have this type of use in order to assist community members with locating what zones the land use is allowed in.

Automotive, Sales and Leasing:

Update the Automotive, Sales and Leasing land use definition to allow ancillary automobile repair and include a reference note in the permitted land uses table in order to provide flexibility to automotive businesses in the community.

Update the Automotive, Sales and Leasing, Limited land use definition to allow for indoor showrooms with online sales and to allow one outdoor vehicle to be used for display and/or test driving in order to help meet the changing needs of local automotive businesses.

Retail Sales, Warehouse Stores, and Automotive, Service Stations:

Update the permitted land uses table to allow Retail Sales, Warehouse Stores land use in the MU-I Zone in order to expand opportunities for this type of land use in the community.

Update the permitted land uses table to require a conditional use permit for the Automotive, Service Stations land use in the MU-I and MU-II Zones and specify that new service stations are only conditionally allowed in the MU-I and MU-II Zones if the service station is an ancillary use to a Retail Sales, Warehouse Stores land use, in order to allow for an ancillary land use commonly associated with this primary land use while maintaining discretionary authority to evaluate and mitigate potential associated impacts.

Offices, Administrative & Professional, and Medical Services, Clinics/Offices:

Require a minor conditional use permit for the Offices, Administrative & Professional and Medical Services, Clinics/Offices land uses in the M-P and M-1 Zones. The existing code requires a conditional use permit for the Offices, Administrative & Professional land use in the M-1 Zone and this land use is currently not permitted in the M-P Zone, whereas the Medical Services, Clinics/Offices land use is currently permitted in the M-P and M-1 Zones. This amendment is proposed in order to institute consistency between these similar land uses while establishing a discretionary review to assess compatibility of these land uses within industrial areas of the community.

Cemeteries, Golf Courses, Utilities, and Medical Services, Hospitals:

Remove the special provision “may be permitted in other zoning districts with a conditional use permit if the use is deemed by the Planning Commission to be essential or desirable for the public welfare and convenience and in conformity with the General Plan and its objectives” for the Cemetery, Golf Course, Utilities, and Medical Services, Hospitals land uses. The existing and proposed permitted zones for these land uses have been evaluated and have been determined by staff to be sufficiently described, therefore this policy language is obsolete and no longer necessary.

Require a conditional use permit for the Medical Services, Hospitals land use in the C-P, C-C, C-G, C-M, and MP Zones in order to provide locational flexibility to a land use that is of critical importance to the community.

Require a conditional use permit for the Golf Course land use in the HR Zone and R-1 Zone in order to allow for more opportunities for this land use within zoning districts in the City that are similar to zoning districts in other local cities that also conditionally allow this land use.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 3 and 6 of Attachment B.

Amendment #2: Development Standards
Properties in the City are required to comply with various development standards based on the zoning of the property, including standards such as maximum building height, maximum lot coverage, minimum building setbacks (yards), and minimum outdoor living space. These development standards also include off-street parking requirements for properties, include standards for minimum number of off-street parking spaces as well as parking space and aisle width dimensions. Various minor updates to development standards and off-street parking standards are proposed in order to provide clarity and flexibility to property owners.

Proposed Amendments
The proposed amendments would update various development standards follows:

Update outdoor living space standards to allow covered patios and covered unenclosed structures to count towards outdoor living space in order to provide flexibility to residents regarding the types of structures that can be utilized within required residential outdoor living spaces.

Include bicycle parking standards specifying that residential and non-residential bicycle parking requirements shall be governed by California Green Building Code standards in order to provide clarity to future development project applicants regarding existing bicycle parking standards that have been established by the State.

Include an off-street parking requirement for family daycare homes to be none required, except for the spaces required for the underlying use in order to provide clarity to potential daycare providers that there are no additional parking requirements for this land use.

Allow for single-family homes with existing nonconforming off-street parking to have minor additions less than 500 square feet or less than 25 percent of the original residential floor area without providing additional parking spaces. This would provide flexibility to residents that are interested in expanding their home while maintaining a reasonable threshold for establishing conformance with off-street parking standards.

Clarify that requirements for distances between buildings and structures in the R-2 Zone are for buildings that are on the same property.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 4, 5, 7, and 8 of Attachment B.

Amendment #3: Findings for Variances and Administrative Remedies Administrative remedies and variances are discretionary applications that allow for deviations to development standards for properties. Administrative remedies are for minor modifications to standards, whereas variances allow for deviations for properties with special circumstances such as size, shape, and topography. These application types currently lack formal required findings for approval, which can make evaluating development projects more challenging and subjective. The lack of findings for these applications is also inconsistent with the City’s other discretionary applications. In an effort to establish more consistency between the City’s discretionary applications and provide clear criteria for approving these types of applications, staff has developed findings for approval for these applications based on existing findings for other City applications and based on research of similar applications for other nearby cities.

Proposed Amendments
The proposed amendments are as follows:

Administrative Remedy:

Include a new subsection with required findings for approval for administrative remedies, including findings for compatibility with the City’s General Plan, compatibility with the character of the neighborhood, and no adverse effects to the public health, safety or general welfare.

Variance:

Update the purpose section to simplify the purpose definition of variances.

Include a new subsection with required findings for approval for variances, consistent with State law for variances in Government Code Section 65906, including findings of special circumstances applicable to the property, not granting of special privileges, and not authorizing a use not otherwise expressly authorized by the zoning regulations.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 12 and 13 of Attachment B.

Amendment #4: Public Noticing
The City’s current public noticing regulations specify that for projects that require a public hearing, notices of public hearing shall be provided in a local newspaper and by mail to property owners within the vicinity of a project site at least ten (10) calendar days before the hearing date, in compliance with Government Code Section 65094.

Examples of projects that require a public hearing and public noticing include Conditional Use Permits, Precise Developments, and Variances. In order to provide increased transparency and provide additional opportunities for community awareness of development projects, the City’s public noticing requirements are proposed to be updated to also include new public noticing requirements for posting notices on the project site, including notices for public hearings and notices of new application filings.

Proposed Amendments
The proposed amendments would provide additional public noticing opportunities for community members to be informed about projects that are in process throughout the community:

Update public hearing noticing requirements to require on-site posting of public notices for discretionary applications that require a public hearing.

Create a new section with requirements for notices of application filing.

Provide requirements for these posted notices, including fees, sign sizes, posting locations, timing, and sign removal and maintenance.

Require the applicant to post at least one four-foot by eight-foot project information sign per street frontage on the project site for certain types of project applications within sixty (60) days of filing a development application, or within thirty (30) days of receipt of notice that the application requires a public hearing.

Require the applicant to post a notice of public hearing sign on the previously posted project information sign at least ten (10) days prior to the hearing.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Section # 14, 15, 16, 17, and 18 of Attachment B.

Amendment #5: Hydrogen-Fueling Stations Expedited Review Process Hydrogen-fueling stations are a type of alternative fueling station for hydrogen-fuel vehicles. The State previously passed legislation in 2016 (AB 1236) requiring jurisdictions to adopt an ordinance to create an expedited and streamlined permitting process for electric vehicle charging stations. In response, the City adopted an ordinance in 2017 establishing BCC Chapter 14.08 which provided an expedited permitting process for electric vehicle charging stations. The State recently passed legislation in 2024 (SB 1418) which now requires jurisdictions to adopt an ordinance to create an expedited and streamlined permitting process for hydrogen-fueling stations by September 30, 2026. The permitting process includes the establishment of a checklist containing objective requirements for the installation of hydrogen-fueling stations. The State notes that the City’s checklist may be based on the “Hydrogen Station Permitting Guidebook” published by the Governor’s Office of Business and Economic Development.

Proposed Amendments
The proposed amendments would include the following revisions to existing regulations in BCC Chapter 14.08 for expediting permitting of electric vehicle charging stations to include new regulations for expediting permitting of hydrogen-fueling stations, in compliance with the newly enacted State law:

BCC Chapter 14.08 Updates:

Update existing references and requirements in the chapter to refer to both electric vehicle charging stations and hydrogen-fueling stations.

Update the definitions section to include a definition for hydrogen-fueling stations.

Update referenced permitting guidebooks to be consistent with current State law.

Include a new subsection with specific requirements for hydrogen-fueling stations.

Updates in other code sections:

Update the definitions chapter to include a Hydrogen-Fueling Stations land use definition.

Update the Automotive, Service Stations land use to not include hydrogen-fueling stations.

Include parking stall standards for hydrogen-fueling stations.

Update the City’s off-street parking regulations to include off-street parking requirements for hydrogen-fueling stations.

Update the City’s permitted land uses table to include permitted land uses for hydrogen-fueling stations.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Section # 1, 2, 3, 5, and 6 of Attachment B.

Amendment #6: Housing Element Compliance
The Housing Element is a State-mandated chapter of the Brea General Plan that describes, identifies, and analyzes the City’s housing needs and addresses the maintenance and expansion of the housing supply to accommodate households that currently live and/or may live in Brea in an eight-year planning period. The City’s 6th Cycle Housing Element was adopted by the City Council in August 2022 and was certified by the State Department of Housing and Community Development (HCD) in September 2022.

In March of 2025, the City received a letter from HCD which inquired about the status of the City of Brea 6th Cycle Housing Element (Housing Element) implementation related to the Program #8 (Housing Opportunity Sites and Rezone) to rezone adequate sites to satisfy its lower-income RHNA shortfall and to allow by-right processing of sites identified in previous housing elements. City staff met with HCD staff in August 2025 to further discuss steps towards implementation of Program #8. Following this meeting, City staff have been working on a code amendment to update to implement Program #8 and ensure compliance with State law.

The 6th Cycle Housing Element is implemented through a series of housing programs. The proposed amendments are to implement Housing Element Programs #8 and #8a of the 6th Cycle Housing Element. Program #8 specifies that sites that are required to be rezoned to address the lower income Regional Housing Needs Assessment (RHNA) shortfall and sites that are reused from the 5th Cycle Housing Element need to meet the following requirements:

Permit owner-occupied and rental multi-family uses by-right in which 20 percent or more of the units are affordable to lower income households
Permit a minimum density of 20 units per acre
Accommodate at least 50 percent of the lower income need on sites designated for residential use only, otherwise allow 100% residential use and require residential to occupy at least 50% of the floor area in a mixed-use project.

State law also requires that multiple family residential developments in which 20 percent or more of the units are affordable to lower income household be permitted by-right use on properties designated as Focused Development Sites in the City’s 6th Cycle Housing Element in order to fulfill the requirements of Government Code Section 65583.2(h). Staff is proposing to amend the code to include the aforementioned requirements as requirements for Focused Development Sites in the City’s 6th Cycle Housing Element.

Program #8a specifies that the City will work in partnership with property owners of Focused Development Sites in order to identify meaningful incentives to facilitate lot consolidation of properties into larger development sites for future development. A survey was sent out to property owners of properties within Focused Development Sites in September 2024 to elicit feedback regarding existing and new potential lot consolidation incentives and to gauge interest in future redevelopment. The results of the survey responses were evaluated and utilized to update the City’s Lot Consolidation Incentive Program in BCC Section 20.258.030.B.

Proposed Amendments
The proposed amendments would update regulations for Focused Development Sites to be consistent with State law and would also update the Lot Consolidation Incentive Program.

Focused Development Sites:

Provide a new subsection for Focused Development Sites with the following standards: allow a minimum residential density of twenty (20) dwelling units per acre on these sites, require residential uses in mixed-use development projects on these sites to occupy at least 50 percent of the floor area, and require 100 percent residential use to be allowed on these sites.

Update existing code language in the permitted land uses chapter to specify that the land use “Dwellings, Multiple Family” where 20 percent or more of the dwelling units are affordable to lower income households shall be permitted by right for all Focused Development Sites.

Lot Consolidation Incentive Program:

Update the lot consolidation incentives section to match the title and to include additional incentives for increased maximum lot coverage, increased maximum height, and deferred impact fees and permit fees.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Section # 6, 9, 10, and 11 of Attachment B.

Amendment #7: Other Minor Updates
Staff have identified a number of sections in the Code with errors and incorrect/incomplete references, necessitating updates to improve internal consistency and provide additional clarification on certain provisions.

Proposed Amendments
The following items have been addressed throughout the code in various chapters and sections:

Replace “Development Services Director” with “Community Development Director”.

Remove incorrect reference to Chapter 20.66 in the Development Agreements definition.

Remove references to the M-2 Zone in the special provisions section for the Religious Assembly use because this land use is not allowed in the M-2 zone.

Correct grammatical errors and update general consistencies.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Section # 3, 5, and 6 of Attachment B.

PUBLIC NOTICE AND COMMENTS
The Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for the Project is provided as Attachment D. As of the writing of this report, staff have received no public comments.

ENVIRONMENTAL ASSESSMENT
The Project has been assessed in accordance with the CEQA Guidelines and the environmental regulations of the City. The proposed amendment to the Code is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to improve consistency in the permitted land uses table, definitions, and parking, including the modernization of certain land use classifications, clarification of development standards for new construction, update findings for specific applications (variances, administrative remedies), enhance opportunities for public noticing, compliance with state legislation (SB 1418), compliance with housing laws, and clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency. As such, the proposed amendments will not have a significant effect on the environment. Any future developments would be subject to CEQA review.

CONCLUSION
Staff recommends approval of this request, for the reasons set forth in the draft resolution, which in summary are to provide internal consistency within the Code, modernize it to reflect good planning practices, and ensure alignment with recent State laws.

RESPECTFULLY SUBMITTED:

Jason Killebrew, Assistant City Manager/Community Development Director Prepared by: Graham Bultema, Assistant Planner
Attachments
Attachment A - Draft PC Resolution.pdf
Attachment B - Exhibit A to the Draft PC Resolution.pdf Attachment C - Summary of Amendments Table.pdf
Attachment D - Public Hearing Legal Notice.pdf

ATTACHMENT A
DRAFT RESOLUTION NO. PC 2025-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BREA RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF
ZONING ORDINANCE AMENDMENT NO. ZOTA 2025-03, OMNIBUS
CODE UPDATES, AMENDING CHAPTERS 14.08, 20.00, 20.08, 20.11,

20.24, 20.216, 20.258, 20.408, 20.412, AND 20.416 OF TITLES 14 AND 20 OF THE BREA CITY CODE.

A. RECITALS:
(i) The Planning Commission of the City of Brea (the “Planning Commission”) did receive a verified petition for the approval of Zoning Ordinance Text Amendment (ZOTA) No. 2025-03 to update various chapters of the Zoning Code, specifically amending 14.08, 20.00, 20.08, 20.11, 20.24, 20.216, 20.258, 20.408, 20.412, and 20.416 of Titles 14 and 20 of the Brea City Code.
(ii) The project Applicant is City of Brea; 1 Civic Center Circle, Brea, CA 92821. (iii) On October 28, 2025, the Planning Commission held a duly noticed public hearing on the proposed ZOTA No. 2025-03, during which it received and considered all evidence and testimony presented prior to adoption of this resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Brea, as follows:

1. In all respects as set forth in Recitals, Part A, of this Resolution.

2. The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed amendment to the City’s Zoning Code is exempt from the Resolution No. 2025-XX

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Applicant: City of Brea
ZOTA No. 2025-03
requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to improve consistency in the permitted land uses table, definitions, and parking, including the modernization of certain land use classifications, clarification of development standards for new construction, update findings for specific applications (variances, administrative remedies), enhance opportunities for public noticing, compliance with state legislation (SB 1418), comply with housing laws, and clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency. As such, the proposed amendments will not have a significant effect on the environment.

3. The Planning Commission further finds in consideration of the ZOTA No. 2025-03 as follows:
a. The proposed amendments proposed by ZOTA No. 2025-03 are consistent with the General Plan as it implements the General Plan by improving consistency in the permitted land uses table, definitions, and parking, including the modernization of certain land use classifications, clarifying development standards for new construction, updating findings for specific applications (variances, administrative remedies), enhancing opportunities for public noticing, complying with state legislation (SB 1418), complying with housing laws, and clarifying certain zoning ordinance provisions and addressing existing grammatical errors, incorrect references, and internal inconsistency.

Resolution No. 2025-XX

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Applicant: City of Brea
ZOTA No. 2025-03
b. This ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements.

4. This Commission hereby recommends that the City Council to adopt an ordinance approving the proposed amendments to Titles 14 and 20 of the Brea City Code (BCC) as proposed by ZOTA No. 2025-03, and as shown in Exhibit A attached hereto.

5. The Community Development Director is authorized to make minor updates to the proposed amendment prior to the City Council consideration of the proposed amendments, as long as the City Attorney determines that such changes are not substantial.

6. The Secretary of this Commission shall certify to the adoption of this Resolution; and forthwith transmit a copy of said Resolution to the City Clerk of the City of Brea.

ADOPTED AND APPROVED this 28
th day of October, 2025.

Chair, Planning Commission
I, Jason Killebrew, Secretary to the Planning Commission of the City of Brea, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Brea held on the 28th day of October, 2025, and was finally passed at a regular meeting of the Planning Commission of the City of Brea, held on the 28 th day of October, 2025, by the following votes:

Resolution No. 2025-XX

Page 4 ends

Applicant: City of Brea
ZOTA No. 2025-03
AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ATTEST:

Secretary, Planning Commission
1 EXHIBIT A to PC RESOLUTION NO. 2025-XX
ZOTA No. 2025-03 Code Amendment Summary Redlines
The proposed language modifications are shown below as strikethrough deletions and underline font additions.

1. The Title of Chapter 14.08 (Electric Vehicle Charging Stations) is amended to include the following additions, deletions, and modifications:
“14.08 ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN-FUELING STATIONS.”

2. Sections 14.08.010 (Purpose), 14.08.020 (Definitions), 14.08.030 (Expedited Permit Processing), Subsections 14.08.040.A and 14.08.040.B of Section 14.08.040 (Permit Application Processing), Section 14.08.050 (Prohibited Uses), Subsections

14.08.060.A and 14.08.060.C of Section 14.08.060 (Technical Review and Appeal of Conditions or Denial), and Section 14.08.070 (Electric Vehicle Charging Installation Requirements) of Chapter 14.08 (Electric Vehicle Charging and Hydrogen-Fueling Stations) are amended to include the following additions, deletions, and modifications:
“14.08.010 PURPOSE.

The purpose of this chapter is to fulfill the requirements of Cal. Gov’t Code § 65850.7 and to promote and encourage the use of electric vehicles charging and hydrogen-fueling stations through the creation of an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen-fueling stations, while protecting public health and safety and preventing adverse impacts in the installation and use of such charging stations.”
“14.08.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

3. Facsimile.

ATTACHMENT B
2 ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION. Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

A. Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and hydrogen-fueling stations, and adopt a checklists of all requirements with which electric vehicle charging stations and hydrogen-fueling stations shall comply in order to be eligible for expedited review. The expedited, streamlined, permitting process and checklists may refer to the recommendations contained in the most current version of the “Electric Vehicle Charging Station Permitting Guidebook” or the “Hydrogen Station Permitting Guidebook” “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the Zero-Emission Vehicles in California:

Community Readiness Guidebook”, published by the Governor’s Office of Business and Economic DevelopmentPlanning and Research. The city’s adopted checklists and any other required permitting documentation shall be published on the city’s website.”
“14.08.040 PERMIT APPLICATION PROCESSING.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station or hydrogen-fueling station will not have any specific, adverse impact on health and safety of the public, including building occupants. Information required to be provided by the applicant for verification includes: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking; any additional information required by the building official to complete such verification due to unusual or unique circumstances.” 3 “14.08.040 PERMIT APPLICATION PROCESSING.

B. A permit application that satisfies the information requirements in the city’s adopted checklists shall be deemed complete and shall be promptly processed.

Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the city’s adopted checklists, and are consistent with all applicable laws and health and safety standards, including the requirements of Cal. Gov’t Code § 65850.7(f), the Building Official shall approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station or hydrogenfueling station until approval is granted by the city. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.” “14.08.050 PROHIBITED USES.

The issuance of permit for an electric vehicle charging station or hydrogen-fueling station permit shall authorize only the installation of such permitted station, in accordance with all permit requirements. Following its installation, the permitted electric charging station shall be used solely for the purpose of charging electric vehicles or fueling hydrogen vehicles. No signage or advertising of any kind, other than labeling identifying the manufacturer, shall be attached to the charging station.

Any use of a permitted charging station for commercial purposes, i.e., requiring payment or rendering of anything of value as a condition of use of the permitted charging station, shall constitute a commercial use of the property where the charging station is located for purposes of the city’s Zoning Code, and shall render the permit issued pursuant to this chapter null and void.” “14.08.060 TECHNICAL REVIEW AND APPEAL OF CONDITIONS OR DENIAL.

C. In the technical review of an electric vehicle charging station permit application or hydrogen-fueling station permit application, consistent with Cal. Gov’t Code § 65850.7, the Building Official shall not condition the approval for any such permit on the approval of such system by an association, as that term is defined by Civil Code § 4080.”
“14.08.070 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS.

A. Specific requirements for electric vehicle charging stations. 1A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.
2B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
3C. Electrical loads resulting from the installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code.

Electric vehicle charging equipment shall be considered a continuous load.

B. Specific requirements for hydrogen-fueling stations.

1. Hydrogen-fueling station equipment shall meet all of the following, as applicable:
a. Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories. b. Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
c. Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.

2. A hydrogen-fueling station permit application shall only be administratively approved on parcels that satisfy either of the following:
5 a. The parcel is zoned for industrial or commercial development and does not contain any residential units.
b. The parcel was previously developed with service station, where “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.

CD. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations or hydrogen-fueling stations shall meet the requirements of the California Building or Residential Code, as applicable, based on the occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.”

3. Subsections 20.00.070.B.1 (“A” words, terms and land uses), 20.00.070.B.4 (”D” words, terms and land uses), 20.00.070.B.6 (”F” words, terms and land uses), and

20.00.070.B.21 (”U” words, terms and land uses) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) is amended to include the following additions, deletions, and modifications (terms currently listed in the subject subsection but not listed below will remain as is):
“AUTOMOTIVE, HYDROGEN-FUELING STATIONS. A commercial facility offering equipment for fueling hydrogen vehicles.”
“AUTOMOTIVE, SALES AND LEASING. Facilities that consists of the established place of business operated by a "dealer" for the sale and long-term lease of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the accessory onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. May include ancillary automobile repair.”
“AUTOMOTIVE, SALES AND LEASING, (LIMITED). Indoor showrooms, where vehicles are sold online, and Ooffices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering", or otherwise dealing in used motor vehicles at either retail or wholesale within an enclosed structure, where any outdoor vehicle storage/display is limited to one (1) vehicle to be used for display and/or test driving only. This use does not include any vehicle maintenance or repair work. This use class includes "autobroker" or "auto buying service", as defined in § 166 of the Cal.

Vehicle Code.”
6 “AUTOMOTIVE, SERVICE STATIONS. Commercial establishments that sells fuel for motor vehicles, commonly referred to as gasoline stations. Also includes establishments selling alternative fuels (e.g. LPG, Hydrogen, etc.), except electronic vehicle charging and hydrogen-fueling stations. May include ancillary convenience retail and other automobile services.”
“DEVELOPMENT AGREEMENTS. An agreement duly entered into in compliance with state law (Cal. Gov't Code §§ 65864 et seq.). See Chapter 20.66 (Development Agreements).”
“FAMILY DAYCARE HOMES. Facilities that regularly provide care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and are either a large family daycare home or a small family daycare home, as defined by § 1596.78 of the Cal. Health and Safety Code. This use does not include daycare centers, as defined by § 1596.76 of the Cal. Health and Safety Code.” “UTILITIESY. Manned or un-manned facilities that provide the public with electricity, gas, water, communications, sewage collection or other similar service.

Antennas for telecommunications systems are not included.”

4. Subsection 20.08.030.C.4 of Section 20.08.030 (Outdoor Living Space) of Chapter

20.08 (Development Standards) is amended to include the following additions, deletions, and modifications:
“20.08.030 OUTDOOR LIVING SPACE.

C. Elements included. The following elements may be constituted as outdoor living space and included in calculating the required space:

1. Swimming pools and pool decks.

2. Paved recreation areas.

3. Landscaped area, garden, etc.

4. CoveredUncovered patios, unenclosed structures, and balconies.” 7 5. Subsections 20.08.040.B.2.a, 20.08.040.C.2.b.(4).(c), 20.08.040.C.2.b.(7), and

20.08.040.C.2.b.(8), and 20.08.040.D of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) are amended to include the following additions, deletions, and modifications (terms currently listed in the minimum parking stalls required table but not listed below will remain as is):
“20.08.040 OFF-STREET PARKING AND LOADING.

B. General requirements.

2. Location.
a. All required parking spaces and garages shall be located on the same lot, or the same building site in the case of a shopping center. Where a parking lot owned by the city is located within four hundred (400) feet of the front door or main entry of the building, parking requirements listed in paragraph D. of this section may be reduced as determined by the Community Development DirectorDevelopment Services Director.”
“20.08.040 OFF-STREET PARKING AND LOADING.

C. Design.

2. Parking spaces.
b. Sizes.
(4) Compact stalls shall be a minimum of eight (8) feet wide by sixteen (16) feet long.
(c) All parking areas containing compact stalls shall be approved by the Community Development DirectorDevelopment Services Director and the City Traffic Engineer.”
“20.08.040 OFF-STREET PARKING AND LOADING.

C. Design.

2. Parking spaces.
b. Sizes.
(7) Parking for hydrogen fueling. Parking stalls for hydrogen fueling shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter

14.08 of this Code.”
8 “20.08.040 OFF-STREET PARKING AND LOADING.

C. Design.

2. Parking spaces.
b. Sizes.
(8) Bicycle parking. All residential and non-residential bicycle parking requirements to be governed by the California Green Building Code standards.” “20.08.040 OFF-STREET PARKING AND LOADING.

D. Parking space requirements. All land uses shall provide off-street parking in conformity with the requirements listed in the Table 20.08.040.D under this subsection, unless otherwise modified by the provisions contained herein. The term floor area used in the Table 20.08.040.D under this subsection shall mean gross floor area.”
Use Minimum Parking Stalls Required
Non-Residential
Automotive, hydrogenfueling stations1 space per charging station Community care
facilityies, large

5.5 spaces per 1,000 square feet.

Family daycare home None required, except for the spaces required for the underlying use.

6. Subsection 20.11.020.F and Table 20.11.020.A (Permitted Land Uses Table) of Section 20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) are amended to include the following additions, deletions, and modifications (terms currently listed in the subject table but not listed below will remain as is):
“20.11.020 LAND USES.

F. Housing opportunity sites. Dwellings, Multiple-Family use in which 20 percent% or more of the units are affordable to lower income households shall be permitted by right on properties designated as Focused Development Sites Nos. 1, 2, 3, 7 and 10 in the City's 2021-2029 Housing Element (6th Cycle). Development shall meet all of the requirements of the respective zone in which such sites are located in unless otherwise permitted by this Title, and shall comply with the 9 provisions of applicable environmental documents for such site, if any. For other Focused Development Site standards, see Section 20.258.010(D) of this title.” “20.11.020 LAND USES.
10 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

20.206.040.
2 In MU-I, MU-2, and MU-3 Zoning districts, nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions

NON-RESIDENTIAL
USES
Automotive,
Hydrogen-Fueling
Stations
-- -- -- -- -- -- P P P P P P P P P P P P P P P
Automotive, Sales and
Leasing -- -- -- -- -- -- -- -- -- C C -- -- C C -- -- -- -- -- -- (1) Uses that do not include any outdoor
storage/display of vehicles are considered as
"Automotive, Sales, and Leasing (limited)" use.
(2) Automotive repair is allowed as an ancillary
use.
11 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions
Automotive, Service
Stations -- -- -- -- -- -- -- C C C C C C C C C-- C-- -- -- -- -- (1) A conditional use permit for a new service
station at any location within the corporate
limits of the city shall not be approved and
granted to any company or an affiliated
company that owns, leases, rents or has
control of, in any manner, property that is
presently occupied by an abandoned or vacant
service station at any other location within the
corporate limits of the city. Abandoned or
vacant, as used herein, shall mean that the
service station has not been in operation for a
period of ninety (90) days or more prior to the
date the Planning Commission adopts its
resolution on the application for a new service
station. This provision shall not apply to an
abandoned or vacated service station that has
been legally converted to and is being utilized
for another permitted use, or to a service
station that is not in operation because it is in
the process of being reconstructed or
remodeled.
(2) New service stations are only conditionally
allowed in the MU-I Zone or MU-II Zone if the
service station is an ancillary use to a Retail
Sales, Warehouse Stores use.
12 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions
Cemetery -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C (1) In PF Zoning district, the use is permitted
only on properties within the "Cemetery"
General Plan Land Use Designation.
(2) May be permitted in other zoning districts
with a Conditional Use Permit only if the use is
deemed by the Planning Commission to be
essential or desirable for the public welfare
and convenience and in conformity with the
General Plan and its objectives.

Community Care
Facilityies, Large -- -- -- -- -- -- -- C C C C -- -- -- -- C C C -- -- -- Family Daycare Home P P P P P P -- -- -- -- -- -- -- -- -- P P P -- -- -- (1) Family daycare homes are allowed in
detached single-family dwellings, townhouses,
dwelling units within a dwelling, or dwelling
units within a covered multifamily dwelling in
which the underlying zone allows for
residential uses.

Golf Course -- C-- C-- -- -- -- -- -- -- -- -- P C -- -- -- -- -- P -- -- (1) In PRO Zoning district, only publicly owned
golf courses are allowed.
(2) May be permitted in other zoning districts
with a Conditional Use Permit if the use is
deemed by the Planning Commission to be
essential or desirable for the public welfare
and convenience and in conformity with the
General Plan and its objectives.

Medical Services,
Clinics/Offices -- -- -- -- -- -- P P P P P -- MP MP -- P P P -- -- -- 13 TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted by Right
C: Conditional Use Permit Required
--: Prohibited
M: Minor Conditional Use Permit Required
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

R1-H HR1 R-1
R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I 2 MU-II2 MU-III2 PROP/R
PRONOS PF Special Provisions
Medical Services,
Hospitals -- -- -- -- -- -- C-- -- C-- C-- C-- -- C-- C C C C -- -- -- -- (1) May be permitted in other zoning districts
with a Conditional Use Permit if the use is
deemed by the Planning Commission to be
essential or desirable for the public welfare
and convenience and in conformity with the
General Plan and its objectives.

Offices, Administrative
& Professional -- -- -- -- -- -- P P P P P -- M-- MC P P P -- -- -- Religious Assembly C C C C C C C C C C C -- C C -- C C C -- -- -- (1) In C-M, M-P, and M-1 and M-2 Zoning
districts, this use shall not locate within one
thousand (1,000) feet, as measured from closest
property line, of a previously entitled Religious
Assembly located in CM, MP, or M-1 or M-2
Zones.

Retail Sales,
Warehouse Stores -- -- -- -- -- -- -- -- P P -- -- P P -- P-- P -- -- -- -- Utilities -- -- -- -- -- -- -- -- -- P/C -- P/C -- -- P/C -- -- -- -- -- P/C (1) Privately owned utilities require a Conditional
Use Permit.
(2) May be permitted in other zoning districts with
a Conditional Use Permit if the use is deemed by
the Planning Commission to be essential or
desirable for the public welfare and convenience
and in conformity with the General Plan and its
objectives.
"
14 7. Section 20.24.100 (Nonconforming Off-Street Parking and Loading Facilities) of Chapter 20.24 (Nonconforming Structures and Uses) is amended to include the following additions, deletions, and modifications:
“20.24.100 NONCONFORMING OFF-STREET PARKING AND LOADING FACILITIES.

A. Existing conforming buildings whose off-street parking and loading facilities do not conform to the provisions of this title may only be expanded or facilities added, provided that the requirements for off-street parking and loading spaces shall have been complied with for those facilities which are added and enlarged.

1. 500 square feet, or

2. 25 percent increase from the original residential floor area.”

8. Subsection 20.216.040.H of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.216.040 PROPERTY DEVELOPMENT STANDARDS.

H. Distance between main buildings. The following minimum distances between walls of opposing buildings and structures on a lot in the R-2 Zone shall conform with the following apply:

1. Distance between buildings across a court. The minimum distance between opposing main buildings or portions of main buildings which create a court shall be not less than twenty (20) feet plus a distance equal to one-half (½) the combined heights of said walls.

2. Distance between main buildings which do not form a court. a. If there are windows or entrances along either or both walls of opposing buildings (not facing a court), the distance between said walls shall not be less than fifteen (15) feet or a distance equal to one-half (½) the combined height of both walls whichever is greater. A minimum of ten (10) feet between buildings shall be free of any building projections.
15 b. If there are no windows or entrances along either wall of opposing buildings (not facing a court), the distance between said walls shall not be less than ten (10) feet.”

9. Subsections 20.258.010.D and 20.258.010.E of Section 20.258.100 (Mixed-Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) are amended to include the following additions, deletions, and modifications:
“20.258.010 MIXED-USE ZONING DISTRICTS.

D. Housing Opportunity Sites. For Focused Development Sites specified in the City's 2021-2029 Housing Element (6th Cycle), the following additional standards shall apply to new residential development:

1. The minimum residential density shall be twenty (20) dwelling units per acre.

2. Residential uses in mixed-use development projects must occupy at least 50 percent of the total floor area of development projects on these sites.

3. 100 percent residential use shall be allowed on these sites.” “20.258.010 MIXED-USE ZONING DISTRICTS.

ED. Plan or precise development review required. Depending on the size of the construction activity (see Table 2-1), all construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) may require review and approval in compliance with § 20.260.050 (Special Provisions) and § 20.408.040 (Plan Review).”
16 10. Tables 2-3 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use I Zoning District), 2-4 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use II Zoning District), 2-5 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use III Zoning District), 2-6 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use I Zoning District), 2-7 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use II Zoning District), 2-8 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use III Zoning District) of Section

20.258.020 (General Development Standards for the Mixed Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) are amended to include the following additions, deletions, and modifications:
“20.258.020 GENERAL DEVELOPMENT STANDARDS FOR THE MIXED-USE ZONING DISTRICTS.”
TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXED-USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 7,000 square feet
(1) The standards for
minimum project size, parcel
width and parcel depth are
intended to regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites specified
in the City's 2021-2029
Housing Element (6th
Cycle), the minimum
residential density is 20
dwelling units per acre.
(32) The standards for
accessory structures are
intended to regulate
development for residential
components of a Mixed-Use
Development.

3.00 Minimum setbacks
Front and street side along Ash Street, Birch
Street, Brea Boulevard and Imperial Highway
None permitted (A),
except for allowable
plazas and outdoor
dining areas/uses
Front None
Side, interior, Single-story None (B)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (B)
Side, street None
Side, interior or street, adjoining residential uses 10 feet (C) Rear, if nonresidential use adjoining
nonresidential use
None (D)
Rear, if residential use or if nonresidential use
adjoining residential uses
10 feet (D)
17 Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height 100 feet
Minimum common residential open space for
each residential unit. (The minimum dimension
shall be 15 feet at any point.)
75 square feet / dwelling unit
Minimum private residential open space for each
residential unit. (The minimum dimension shall
be 5 feet at any point.)
50 square feet / dwelling unit
NOTE: The letters (A), (B), (C) and (D) refer to the graphics following this Table.

Accessory structures (32) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-4
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 10,000 square feet
(1) The standards
for minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites
specified in the City's
2021-2029 Housing
Element (6th Cycle), the
minimum residential
density is 20 dwelling units
per acre.

Minimum parcel width (1) 100 feet
Minimum parcel depth (1) 200 feet
Minimum/maximum allowable density range for
residential uses (2)

6.1 to 40 du / acre
Maximum floor area ratio (FAR) for nonresidential uses 2.00 Minimum setbacks
Front None
Side, interior, Single-story None (E)
Side, interior, Second-story and above, if residential use adjoining residential or nonresidential uses
10 feet (E)
Side, street None
Side, interior or street, adjoining, residential uses 10 feet (F) Rear, if nonresidential use adjoining nonresidential use None (G) Rear, if residential use or if nonresidential use adjoining residential uses 10 feet (G)
Parking area setbacks (front and street side) 15 feet
18 Minimum distance between structures located on the same parcel None (32) The standards for
accessory structures are
intended to regulate
development for
residential components
of a Mixed-Use
Development.

Maximum structure height 60 feet
Minimum common residential open space for each
residential unit. (The minimum dimension shall be 15 feet at any point.)
75 square feet /
dwelling unit
Minimum private residential open space for each
residential unit. (The minimum dimension shall be 5 feet at any point.)
50 square feet /
dwelling unit
NOTE: The letters (E), (F), and (G) refer to the graphics following this Table.

Accessory structures (32) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
TABLE 2-5
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
Minimum project size (1) 7,000 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites
specified in the City's
2021-2029 Housing
Element (6th Cycle), the
minimum residential
density is 20 dwelling units
per acre.
(32) The standards for
accessory structures are
intended to regulate
development for
Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for 6.1 to 18 du / acre residential uses (2)
Maximum floor area ratio (FAR) for
nonresidential 1.00
uses
Minimum setbacks
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of less than one acre
None permitted
(H), except for allowable plazas
and outdoor dining areas/uses
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of one acre or
greater
At least 50% of the parcel
frontage: None permitted (I)
Up to 50% of the parcel
frontage. (No parking within
setback allowed.): May maintain
an average setback of 10 feet (I)
Front, other than Brea Boulevard or Imperial
Highway
None
Side, interior, Single-story None (J)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (J)
19 Side, street, other than Brea Boulevard or
Imperial Highway None residential components of
a Mixed-Use
Development.

Side, interior or street, adjoining, residential
uses
5 feet, average (K)
Rear, if nonresidential use adjoining
nonresidential use
None (L)
Rear, if residential use or nonresidential use
adjoining residential uses 10 feet (L)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the
upper floors of a parking structure.)
5 feet
NOTE: The letters (H), (I), (J), (K) and (L) refer to the graphics following this Table.

Minimum distance between structures located
on the same parcel None
Maximum structure height 35 feet
Minimum common residential open space for
each residential unit. (The minimum dimension
shall be 15 feet at any point.)
75 square feet / dwelling unit
Minimum private residential open space for
each residential unit. (The minimum dimension
shall be 5 feet at any point.)
50 square feet / dwelling unit
Maximum parcel coverage 65%
Accessory structures (32) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and Loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE I

ZONING DISTRICT

12.1 to 50 du / acre
Maximum floor area ratio (FAR) for
nonresidential uses 3.00
20 Front and Side, Street along Ash
Street, Birch Street, Brea Boulevard
and Imperial Highway, Single-story
(32)
5 feet (M) dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites specified
in the City's 2021-2029
Housing Element (6th Cycle),
the minimum residential
density is 20 dwelling units
per acre.
(32) For structures located
on Ash Street, Birch Street,
or Brea Boulevard, north of
Imperial Highway, there is
no minimum setback
requirement. All other
setbacks shall be measured
from the structure face to
the nearest property line.
(43) Low level patio walls
may encroach into the
required front or street side
setback up to a maximum
of 5 feet.
(54) In projects with
subterranean parking,
structure heights shall be
measured from the top of
the parking deck. For
structures located on Ash
Street, Birch Street, or Brea
Boulevard, the maximum
structure height shall be 55
feet.

Front and Side, Street along Ash
Street, Birch Street, Brea Boulevard
and Imperial Highway, Second-story
and above (32)
10 feet (M)
Front, other than Ash Street, Birch
Street, Brea Boulevard and Imperial
highway (43)
15 feet (N)
Side, interior 5 feet (O)
Side, street, other than Ash Street,
Birch Street, Brea Boulevard and
Imperial highway (43)
15 feet (O)
Side, interior or street (other than
Ash Street, Birch Street, Brea
Boulevard and Imperial highway),
adjoining residential uses
10 feet (O)
Rear 5 feet (P)
Rear, adjoining nonresidential uses 10 feet (P)
Parking area setbacks (front and
street side). (No parking adjacent
to Brea Boulevard or Imperial
Highway allowed, except in the
upper floors of a parking
structure.)
5 feet
Minimum distance between
structures located on the same
parcel
None
Maximum structure height (54) 100 feet
Minimum common open space for
each residential unit. (The minimum
dimension shall be 15 feet at any
point.)
100 square feet / dwelling unit
Minimum private open space for
each residential unit. (The minimum
dimension shall be 5 feet at any
point.)
75 square feet / dwelling unit
NOTE: The letters (M), (N), (O), and (P) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
21 TABLE 2-7
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE II

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 2,500 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites specified
in the City's 2021-2029
Housing Element (6th Cycle),
the minimum residential
density is 20 dwelling units
per acre.
(32) Low level patio walls
may encroach into the
required front or street side
setback up to a maximum of
5 feet.
(1) (43) In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable density range for
residential uses (2)

6.1 to 40 du / acre
Maximum floor area ratio (FAR) for nonresidential
uses

2.00 Minimum setbacks
Front (32) 15 feet (Q)
Side, interior 5 feet (R)
Side, street (32) 15 feet (R)
Side, interior or street, adjoining nonresidential uses 10 feet (R) Rear 15 feet (S)
Rear, adjoining nonresidential uses 20 feet (S)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located on
the same parcel None
Maximum structure height (43) 60 feet
Minimum common open space for each residential
unit. (The minimum dimension shall be 15 feet at
any point.)
100 square feet /
dwelling unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at any
point.)
75 square feet /
dwelling unit
NOTE: The letters (Q), (R), and (S) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5
and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E
and Section

20.220.040.F
TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED-USE III

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
22 Minimum project size (1) 7,000 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) For Focused
Development Sites
specified in the City's 2021-
2029 Housing Element (6th
Cycle), the minimum
residential density is 20
dwelling units per acre.
(32) Low level patio
walls may encroach into
the required front or
street side setback up to
a maximum of 5 feet.
(43) In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for
residential uses (2)

6.1 to 14 du / acre
(See Section 20.258.030.A.4)
Maximum floor area ratio (FAR) for nonresidential
uses

1.00 Front and Side, street, along Brea Boulevard and
Imperial Highway
Stand alone residential not
allowed on Brea Boulevard
or Imperial Highway
Front, other than Brea Boulevard or Imperial
Highway (32)
15 feet (T)
Side, interior 5 feet (U)
Side, street other than Brea Boulevard or Imperial
Highway (32)
15 feet (U)
Side, interior or street, adjoining nonresidential
uses
10 feet (U)
Rear 15 feet (V)
Rear, adjoining nonresidential uses 20 feet (V)
Parking area setbacks (front and street side).

No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located on
the same parcel None
Maximum structure height (43) 35 feet
Minimum common open space for each
residential unit. (The minimum dimension shall be
15 feet at any point.)
100 square feet /
dwelling unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at
any point.)
75 square feet /
dwelling unit
Maximum parcel coverage (not including
parking decks) 65%
NOTE: The letters (T), (U), and (V) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
23 11. Subsection 20.258.030.B.1 of Section 20.258.030 (Specific Development Standards For All Mixed-Use Projects) of Chapter 20.258 (Mixed-Use Zoning Districts) is amended to include the following additions, deletions, and modifications:
“20.258.030 SPECIFIC DEVELOPMENT STANDARDS FOR ALL MIXED-USE PROJECTS.

B. LotParcel Consolidation Incentive Program. In order to encourage the assemblage of smaller existing parcels into larger parcels that can be more efficiently developed into a mixed-use project, the following incentives are offered:

1. Allowable incentives for parcel consolidation:
a. Reduction in on-site required parking for a mixed-use project, up to a maximum of twenty percent (20%).
b. Increase in maximum total sign area, up to a maximum of twenty percent (20%).
c. Increase in maximum lotparcel coverage, up to a maximum of ten percent (10%).
d. Increase in maximum building height, up to a maximum of ten percent (10%).
ed. Reduction in common and/or private open space requirements, up to a maximum of ten percent (10%).
fe. Expedited Priority (e.g., fast-track) permit processing plan check reviews. gf. City participation in provision of infrastructure (e.g., installation of curb, gutter, and sidewalk, installation of streetscape, undergrounding of utilities, upgrading of utilities, etc.).
h. Deferred development impact and/or permitting fees.”

12. New Subsection 20.408.020.D is added to Section 20.408.020 (Administrative Remedy) of Chapter 20.408 (Administrative Procedures) as follows:
“20.408.020 ADMINISTRATIVE REMEDY.

D. Findings. The Director, in approving an administrative remedy application, shall find as follows:
24 1. That the minor modifications from the requirements of this title, with any conditions to be imposed, applied for at the location set forth in the application is properly one(s) for which an administrative remedy is authorized by this title.

3. That with the conditions stated in the permit, the minor modification of standards will not adversely affect the public health, safety, or general welfare.”

13. Subsections 20.412.010.A, 20.412.010.C, and 20.412.010.D of Section 20.412.010 (Variance) of Chapter 20.412 (Quasi-Judicial Procedures) are amended to include the following additions, deletions, and modifications:
“20.412.010 VARIANCE.

A. Intent and pPurpose. The purpose of a variance is to provide for deviations from the strict application of the requirements of this title due to special circumstances applicable to a property which deprive the property of privileges enjoyed by other properties in the vicinity which are subject to identical zoning regulations.

1. A variance from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.”
“20.412.010 VARIANCE.

C. Findings. The Planning Commission, in approving a variance, must make the following findings:

1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which result in the strict application of the requirements of this title, depriving the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications. 25 2. The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

3. The granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the property.” “20.412.010 VARIANCE.

DC. Commission action.

1. The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within twentyone (21) days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant.

2. The decision of the Planning Commission shall be final and shall become effective ten (10) days after the adoption of the resolution by the Commission, subject to the filing of a timely appeal pursuant to Chapter 20.424.”

14. The Title of Section 20.416.020 (Notice of Hearings) of Chapter 20.416 Hearings) is amended as follows:
“20.416.020 NOTICE OF HEARINGSAPPLICATION FILING.”

15. Subsections 20.416.020.A, 20.416.020.B, 20.416.020.C, 20.416.020.D,

20.416.020.E, 20.416.020.F, 20.416.020.G, and 20.416.020.H of Section 20.416.020 (Notice of Application Filing) of Chapter 20.416 (Hearings) are amended to include the following additions, deletions, and modifications:
“20.416.020 NOTICE OF APPLICATION FILING.

A. Notice of application filing. The following development project application types shall post a project information sign on the project site, consistent with the requirements of subsection C below:

1. Changes of Zone as identified in § 20.404.020, when proposed as part of a development project;

2. Residential development projects comprised of five or more dwelling units;

3. Commercial or Industrial development projects containing 10,000 square feet or more of new building area;
26 4. Hotel development projects containing more than fifty (50) rooms;

5. Large-scale development projects, as determined by the Community Development Director.”
“20.416.020 NOTICE OF HEARINGS.

A. Time. Notice of each public hearing shall be given at least ten (10) calendar days before the date set for such hearing. (See: Cal. Gov't Code §§ 65090 and 65091).”
“20.416.020 NOTICE OF APPLICATION FILING.

B. Posting of notice of application filing. Notices shall be posted by the applicant on the project site in compliance with the following requirements.

The specific project information text on the sign shall be provided by the Planning Division.
b. Location. At least one (1) noticing sign shall be posted on each street frontage of the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.
c. Timing. Notices shall be posted within sixty (60) days of filing a development application, or within thirty (30) days of receipt of notice that the application requires a public hearing. Projects shall not be scheduled for a hearing until all noticing sign(s) are installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all noticing sign(s) installed per City standards, the project will be scheduled for a hearing.
d. Sign removal and maintenance. Noticing sign(s) shall be kept adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. Noticing sign(s) shall be removed by the applicant within thirty (30) days of the final decision or date of withdrawal. Failure to remove the sign(s) within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the City.”
27 “20.416.020 NOTICE OF HEARINGS.

B. Content. Each notice of public hearing shall include the following information:
(See: Cal. Gov't Code § 65094.)

1. Time and place of the hearing;

2. Who will conduct the hearing;

3. A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;

4. Identification of the property and the area affected;

5. Where further information can be obtained;

6. A statement of the right to appear and be heard.”
“20.416.020 NOTICE OF APPLICATION FILING.

C. Notice of hearing. Development projects that require a public hearing shall revise the project information sign on the project site to include the public hearing information at least ten (10) calendar days before the date set for such hearing, consistent with the requirements of subsection C below.” “20.416.020 NOTICE OF HEARINGS.

C. Publication of notice. When newspaper publication of a notice of public hearing is required, such notice shall be published at least once in a newspaper of general circulation which is published and circulated in the city, or in the area affected if the matter is a prezoning of a proposed annexation to the city. (See: Cal.

Gov't Code §§ 65090 and 65091.)”
“20.416.020 NOTICE OF HEARINGS.

D. Posting of notice. Posting of notices of public hearing in the vicinity of property affected may be directed by the City Council or the Planning Commission, but shall not be required when notice is given by other means pursuant to this chapter and state law.”
“20.416.020 NOTICE OF HEARINGS.

E. Notice to owners of property within five hundred (500) feet. 28 1. Where a public hearing is required by this code, written notification of such hearing shall be provided to owners of property located within five hundred (500) feet of the subject property, and such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is located within five hundred (500) feet of the subject property. (See: Cal. Gov't Code §§ 65091(a)(3).)

2. If the matter to be considered is a legislative matter as identified in §

20.404.010, and the number of owners to whom notice would be sent pursuant to paragraph E.1 of this section is greater than one thousand (1,000), notice may be given, in lieu of the method described in paragraph E.1. of this section, by placing a display advertisement of at least one-eighth (€) page in a newspaper of general circulation in the area affected.”
“20.416.020 NOTICE OF HEARINGS.

G. Notice to persons requesting notice. For all public hearings or zoning matters, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request shall be effective for the balance of the calendar year in which the request is submitted. A reasonable fee for this service may be established by the City Council for the purpose of recovering the cost thereof. (See: Cal. Gov't Code § 65092.)” “20.416.020 NOTICE OF HEARINGS.

H. Responsibility for giving notice. The officers responsible for giving required notices of public hearings shall be as follows:

1. Notices of Director meetings and hearings shall be given by the Director.

2. Notices of Planning Commission hearings shall be given by the Commission secretary.

3. Notices of City Council hearings shall be given by the City Clerk.” 29 16. The Title of Section 20.416.030 (Conduct of Hearings) of Chapter 20.416 Hearings) is amended as follows:
“20.416.030 CONDUCTNOTICE OF HEARINGS.”

17. Subsections 20.416.030.A, 20.416.030.B, and 20.416.030.C of Section 20.416.030 (Notice of Hearings) of Chapter 20.416 (Hearings) are amended to include the following additions, deletions, and modifications, and Subsections 20.416.030.D,

20.416.030.E, 20.416.030.F, 20.416.030.G, and 20.416.030.H are added as follows:
“20.416.030 NOTICE OF HEARINGS.

A. Time. Notice of each public hearing shall be given at least ten (10) calendar days before the date set for such hearing. (See: Cal. Gov't Code §§ 65090 and 65091.)”
“20.416.030 CONDUCT OF HEARINGS.

A. Rules.

1. The City Council, Planning Commission, and Director shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See: Cal. Gov't Code § 65804(a).)

B. Content. Each notice of public hearing shall include the following information:
(See: Cal. Gov't Code § 65094.)

1. Time and place of the hearing;

2. Who will conduct the hearing;

3. A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;

4. Identification of the property and the area affected; 30 5. Where further information can be obtained;

6. A statement of the right to appear and be heard.”
“20.416.030 CONDUCT OF HEARINGS.

Gov't Code § 65095.)”
“20.416.030 NOTICE OF HEARINGS.

Gov't Code §§ 65090 and 65091.)”
“20.416.030 CONDUCT OF HEARINGS.

C. Record of hearing. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request. (See: Cal. Gov't Code § 65804(b)).” “20.416.030 NOTICE OF HEARINGS.

E. Notice to owners of property within five hundred (500) feet.

1. Where a public hearing is required by this code, written notification of such hearing shall be provided to owners of property located within five hundred (500) feet of the subject property, and such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as 31 owning real property which is located within five hundred (500) feet of the subject property. (See: Cal. Gov't Code §§ 65091(a)(3).)

2. If the matter to be considered is a legislative matter as identified in §

20.404.010, and the number of owners to whom notice would be sent pursuant to paragraph E.1 of this section is greater than one thousand (1,000), notice may be given, in lieu of the method described in paragraph E.1. of this section, by placing a display advertisement of at least one-eighth (€) page in a newspaper of general circulation in the area affected.”
“20.416.030 NOTICE OF HEARINGS.

H. Responsibility for giving notice. The officers responsible for giving required notices of public hearings shall be as follows:

1. Notices of Director meetings and hearings shall be given by the Director.

2. Notices of Planning Commission hearings shall be given by the Commission secretary.

3. Notices of City Council hearings shall be given by the City Clerk.” 32 18. New Section 20.416.040 (Conduct of Hearings) is added to Chapter 20.416 (Hearings) as follows:
“20.416.040 CONDUCT OF HEARINGS.

A. Rules.

1. The City Council, Planning Commission, and Director shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See: Cal. Gov't Code § 65804(a).)

2. When a city staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of any such hearing. (See: Cal. Gov't Code § 65804(c), (d).) B. Continuance. Any hearing on a zoning matter may be continued from time to time and place to place, provided the time and place to which continued is announced prior to adjournment of the meeting from which continued. (See: Cal.

Gov't Code § 65095.)
C. Record of hearing. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request. (See: Cal. Gov't Code § 65804(b)).”

ATTACHMENT C
1 Draft Ordinance ZOTA No. 2025-03
Summary of Amendments
Redline
Section #s
(Exhibit A of the
Resolution)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
3, 6 20.00 (General Provisions)

20.11 (Permitted Land Uses)
Permitted Land Uses & Land Use Definitions: The proposed amendments would update various land use definitions and regulations as follows:

Family Daycare Home:
• Include a Family Daycare Home land use definition in the definitions chapter in order to provide clarity to residents as to where the land use is allowed. • Update the permitted land uses table to allow Family Daycare Homes in all residential zones and provide a reference note specifying what types of residential dwelling units are allowed to have this type of use in order to assist community members with locating what zones the land use is allowed in.

Automotive, Sales and Leasing:
• Update the Automotive, Sales and Leasing land use definition to allow ancillary automobile repair and include a reference note in the permitted land uses table in order to provide flexibility to automotive businesses in the community. • Update the Automotive, Sales and Leasing, Limited land use definition to allow for indoor showrooms with online sales and to allow one outdoor vehicle to be used for display and/or test driving in order to help meet the changing needs of local automotive businesses.

Retail Sales, Warehouse Stores, and Automotive, Service Stations:
• Update the permitted land uses table to allow Retail Sales, Warehouse Stores land use in the MU-I Zone in order to provide more opportunities for this type of land use in the community.
• Update the permitted land uses table to require a conditional use permit for the Automotive, Service Stations land use in the MU-I and MU-II Zones and specify that new service stations are only conditionally allowed in the MU-I and MU-II Zones if the service station is an ancillary use to a Retail Sales, Warehouse Stores land use, in order to allow for an ancillary land use commonly associated with this primary land use while maintaining discretionary authority to evaluate and mitigate potential associated impacts. 2 Offices, Administrative & Professional, and Medical Services, Clinics/Offices:
• Require a minor conditional use permit for the Offices, Administrative & Professional and Medical Services, Clinics/Offices land uses in the M-P and M-1 Zones in order to institute consistency between these similar land uses while establishing a discretionary review to assess compatibility of these land uses within industrial areas of the community.

Cemetery, Golf Course, Utilities, and Medical Services, Hospitals:
• Remove the special provision “may be permitted in other zoning districts with a conditional use permit if the use is deemed by the Planning Commission to be essential or desirable for the public welfare and convenience and in conformity with the General Plan and its objectives” for the Cemetery, Golf Course, Utilities, and Medical Services, Hospitals land uses. The existing and proposed permitted zones for these land uses have been evaluated and have been determined by staff to be sufficiently described, therefore this policy language is obsolete and no longer necessary. • Require a conditional use permit for the Medical Services, Hospitals land use in the C-P, C-C, C-G, C-M, and M-P Zones in order to provide locational flexibility to a land use that is of critical importance to the community.
• Require a conditional use permit for the Golf Course land use in the HR Zone and R-1 Zone in order to allow for more opportunities for this land use within zoning districts in the City that are similar to zonings district in other local cities that also conditionally allow this land use.
4, 5, 7, 8 20.08 (Development Standards)

20.24 (Nonconforming Structures
and Uses)

20.216 (R-2 Multiple Family
Residential Zone)
Development Standards: The proposed amendments would update various development standards in order to provide clarity and flexibility to property owners as follows:
• Update outdoor living space standards to allow covered patios and covered unenclosed structures to count towards outdoor living space in order to provide flexibility to residents regarding the types of structures that can be utilized within required residential outdoor living spaces.
• Include bicycle parking standards specifying that residential and non-residential bicycle parking requirements shall be governed by California Green Building Code standards in order to provide clarity to future development project applicants regarding existing bicycle parking standards that have been established by the State. • Include an off-street parking requirement for family daycare homes to be none required, except for the spaces required for the underlying use in order to provide clarity to potential daycare providers regarding parking requirements for this land use. 3 • Allow for single-family homes with existing nonconforming off-street parking to have minor additions less than 500 square feet or less than 25 percent of the original residential floor area without providing additional parking spaces. This would provide flexibility to residents that are interested in expanding their home while maintaining a reasonable threshold for establishing conformance with off-street parking standards. • Clarify that requirements for distances between buildings and structures in the R-2 Zone are for buildings that are on the same property.
12, 13 20.408 (Administrative
Procedures)

20.412 (Quasi-Judicial
Procedures)
Findings for Variances and Administrative Remedies: In an effort to establish more consistency between the City’s discretionary applications and provide clear criteria for approving these types of applications, the proposed amendment would specify findings for approval for the following application types requesting minor modification or deviation from code standards:

Administrative Remedy:
• Include a new subsection with required findings for approval for administrative remedies, including findings for compatibility with the City’s General Plan, compatibility with the character of the neighborhood, and no adverse effects to the public health, safety or general welfare.

Variance:
• Update the purpose section to simplify the purpose definition of variances. • Include a new subsection with required findings for approval for variances, consistent with State law for variances in Government Code Section 65906, including findings of special circumstances applicable to the property, not granting of special privileges, and not authorizing a use not otherwise expressly authorized by the zoning regulations. 14, 15, 16,
17, 18

20.416 (Hearings) Public Noticing: The proposed amendments would provide additional public noticing opportunities for community members to be informed about projects that are in process throughout the community:
• Update public hearing noticing requirements to require on-site posting of public notices for discretionary applications that require a public hearing. • Create a new section with requirements for notices of application filing. • Provide requirements for these posted notices, including fees, sign sizes, posting locations, timing, and sign removal and maintenance.
4 • Require the applicant to post at least one four-foot by eight-foot project information sign per street frontage on the project site for certain types of project applications within sixty (60) days of filing a development application, or within thirty (30) days of receipt of notice that the application requires a public hearing.
• Require the applicant to post a notice of public hearing sign on the previously posted project information sign at least ten (10) days prior to the hearing. 1, 2, 3, 5, 6 14.08 (Electric Vehicle Charging
and Hydrogen-Fueling Stations)

20.00 (General Provisions)

20.08 (Development Standards)

20.11 (Permitted Land Uses)
Hydrogen-Fueling Stations Expedited Review Process: The proposed amendments would include the following revisions to BCC Chapter 14.08 to provide for a process for expedited permitting of hydrogen-fueling stations to comply with the newly enacted Senate Bill 1418 (SB 1418):

BCC Chapter 14.08 Updates:
• Update existing references and requirements in the chapter to refer to both electric vehicle charging stations and hydrogen-fueling stations. • Update definitions section to include a definition for hydrogen-fueling stations. • Update referenced permitting guidebooks to be consistent with State law. • Include new subsection with requirements for hydrogen-fueling stations.

Updates in other code sections:
• Update the definitions chapter to include a Hydrogen-Fueling Stations land use definition. • Update Automotive, Service Stations land use to not include hydrogen-fueling stations. • Include parking stall standards for hydrogen-fueling stations. • Update the City’s off-street parking regulations to include off-street parking requirements for hydrogen-fueling stations.
• Update the City’s permitted land uses table to include permitted land uses for hydrogenfueling stations. 6, 9, 10, 11 20.11 (Permitted Land Uses)

20.258 (Mixed-Use Zoning
Districts)
Housing Element Compliance: The proposed amendments would update regulations for Focused Development Sites to be consistent with State law and would also update the Lot Consolidation Incentive Program.
5 Focused Development Sites:
• Provide a new subsection for Focused Development Sites with the following standards:
allow a minimum residential density of twenty (20) dwelling units per acre on these sites, require residential uses in mixed-use development projects on these sites to occupy at least 50 percent of the floor area, and require 100 percent residential use to be allowed on these sites.
• Update existing code language in the permitted land uses chapter to specify that the land use “Dwellings, Multiple Family” where 20 percent or more of the dwelling units are affordable to lower income households shall be permitted by right for all Focused Development Sites.

Lot Consolidation Incentive Program:
• Update the lot consolidation incentives section to match the title and to include new incentives for increased maximum lot coverage, increased maximum height, and deferred impact fees and permit fees.
3, 5, 6 20.00 (General Provisions)

20.08 (Development Standards)

20.11 (Permitted Land Uses)
Other Updates: The following items have been addressed throughout the code in various chapters and sections:
• Replace “Development Services Director” with “Community Development Director”. • Remove incorrect reference to Chapter 20.66 in the Development Agreements definition. • Remove inconsistent references to the M-2 Zone in the special provisions section for the Religious Assembly use.
• Correct grammatical errors and update general consistencies.

ATTACHMENT D

CITY OF BREA

PLANNING COMMISSION NOTICE OF PUBLIC HEARING FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2025-03
NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a Planning Commission Meeting on Tuesday, October 28, 2025 at 6:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:

REQUEST: The City of Brea requests approval of the following entitlements: Zoning Ordinance Text Amendment (ZOTA) No. 2025-03 to amend the Chapters 14.08, 20.00, 20.08,

20.11, 20.24, 20.216, 20.258, 20.408, 20.412, 20.416. The purpose of this zoning ordinance text amendment is to: 1) improve consistency in the permitted land uses table, definitions, and parking, including the modernization of certain land use classifications; 2) clarification of development standards for new construction; 3) update findings for specific applications (variances, administrative remedies); 4) enhance opportunities for public noticing; 5) compliance with state legislation (SB 1418); 6) compliance with housing laws; and 7) clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency.

LOCATION: Citywide
ENVIRONMENTAL: The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City.

The proposed zoning code text amendments are exempt from the requirements of the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID HEARING AND EXPRESS OPINIONS ON THE MATTERS OUTLINED ABOVE. FURTHER INFORMATION MAY BE OBTAINED BY CALLING THE PLANNING DIVISION AT (714) 990-7674 OR BY EMAIL AT [email protected].

IF YOU CHALLENGE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT

THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE COMMISSION AT, OR PRIOR TO, THE PUBLIC HEARING.

Jason Killebrew
Assistant City Manager/Community Development Director
Date: 10/7/2025 Publish: 10/16/2025

ATTACHMENT C
Draft Ordinance ZOTA No. 2025-03
Summary of Amendments
Ordinance
Section #s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
2, 3, 4, 5, 6,
7, 8, 9, 10,
11, 12, 21,
22, 24

14.08 (Electric Vehicle
Charging and HydrogenFueling Stations)

20.00 (General Provisions)

20.08 (Development
Standards)

BCC Chapter 14.08 Updates:
• Expand existing electric vehicle charging station references and requirements in the chapter to refer to also include hydrogen-fueling stations. • Provide a definition for hydrogen-fueling stations.
• Update referenced permitting guidebooks to be consistent with State law. • Include a new subsection with requirements for hydrogen-fueling stations.

Updates in BCC Title 20:
• Update the definitions section to include a Hydrogen-Fueling Stations land use definition. • Update Automotive, Service Stations land use to not include hydrogen-fueling stations. • Provide required off-street parking requirements and parking development standards for hydrogen-fueling stations.
• Update the City’s permitted land uses table to include permitted land uses for hydrogenfueling stations. 23, 27, 28,
29, 30

20.11 (Permitted Land Uses)

20.258 (Mixed-Use Zoning
Districts)
Housing Element Compliance: The proposed amendments would update regulations for Housing Element Program #8 (Housing Opportunity Sites and Rezone Program) and Program #8a (Lot Consolidation Program) to comply with State housing law.

Focused Development Sites:
• Provide a new subsection for Focused Development Sites with the following standards:
allow a minimum residential density of twenty (20) dwelling units per acre on these sites, require residential uses in mixed-use development projects on these sites to occupy at least 50 percent of the floor area, and require 100 percent residential use to be allowed on these sites.
• Update existing code language in the permitted land uses chapter to specify that the land use “Dwellings, Multiple Family” where 20 percent or more of the dwelling units are affordable to lower income households shall be permitted by right for all Focused Development Sites.
2 Lot Consolidation Incentive Program:
• Update the lot consolidation incentives section to match the title and to include new incentives for property owners to consolidate lots for increased maximum lot coverage, increased maximum height, and deferred impact fees and permit fees. 12, 13, 14,
15, 17, 18, 24

20.00 (General Provisions)

20.11 (Permitted Land Uses)
Permitted Land Uses & Land Use Definitions: The proposed amendments would update various land use definitions and regulations as follows:

Family Daycare Home:
• Include a Family Daycare Home land use definition in the definitions chapter. • Update the permitted land uses table to allow Family Daycare Homes in all residential zones and provide a reference note specifying what types of residential dwelling units are allowed to have this type of use.

Automotive, Sales and Leasing:
• Update the Automotive, Sales and Leasing land use definition to allow ancillary automobile repair and include a reference note in the permitted land uses. • Update the Automotive, Sales and Leasing, Limited land use definition to allow for indoor showrooms with online sales and to allow one outdoor vehicle to be used for display and/or test driving.

Offices, Administrative & Professional, and Medical Services, Clinics/Offices:
• Require a minor conditional use permit for the Offices, Administrative & Professional and Medical Services, Clinics/Offices land uses in the M-P and M-1 Zones.

Retail Sales, Warehouse Stores, and Automotive, Service Stations:
• Update the permitted land uses table to allow Retail Sales, Warehouse Stores land use in the MU-I Zone.
• Update the permitted land uses table to require a conditional use permit for the Automotive, Service Stations land use in the MU-I and MU-II Zones and specify that new service stations are only conditionally allowed in the MU-I and MU-II Zones if the service station is an ancillary use to a Retail Sales, Warehouse Stores land use. 3 Cemetery, Golf Course, Utilities, and Medical Services, Hospitals:
• Remove the special provision “may be permitted in other zoning districts with a conditional use permit if the use is deemed by the Planning Commission to be essential or desirable for the public welfare and convenience and in conformity with the General Plan and its objectives” for the Cemetery, Golf Course, Utilities, and Medical Services, Hospitals land uses.
• Require a conditional use permit for the Medical Services, Hospitals land use in the C-P, C-C, C-G, C-M, and M-P Zones.
• Require a conditional use permit for the Golf Course land use in the HR Zone and R-1 Zone.
19, 21, 22,
25, 26

20.08 (Development
Standards)

20.24 (Nonconforming
Structures and Uses)

20.216 (R-2 Multiple Family
Residential Zone)
Development Standards: The proposed amendments would update various development standards as follows:
• Update outdoor living space standards to allow covered patios and covered unenclosed structures to count towards outdoor living space.
• Include bicycle parking standards specifying that residential and non-residential bicycle parking requirements shall be governed by California Green Building Code standards. • Include an off-street parking requirement for family daycare homes to be none required, except for the spaces required for the underlying use.
• Allow for single-family homes with existing nonconforming off-street parking to have minor additions less than 500 square feet or less than 25 percent of the original residential floor area without providing additional parking spaces.
• Clarify that requirements for distances between buildings and structures in the R-2 Zone are for buildings that are on the same property.
31, 32, 33, 34 20.408 (Administrative
Procedures)

20.412 (Quasi-Judicial
Procedures)
Findings for Variance and Administrative Remedy: In an effort to establish more consistency between the City’s discretionary applications and provide clear criteria for approving these types of applications, the proposed amendment would specify findings for approval for the following application types requesting minor modification or deviation from code standards:

Administrative Remedy:
• Include a new subsection with required findings for approval for administrative remedy, including findings for compatibility with the City’s General Plan, compatibility with the character of the neighborhood, and no adverse effects to the public health, safety or general welfare.
4 Variance:
• Update the purpose section to simplify the purpose definition of variance. • Include a new subsection with required findings for approval of a variance, consistent with State law for variance in Government Code Section 65906, including findings of special circumstances applicable to the property, not granting of special privileges, and not authorizing a use not otherwise expressly authorized by the zoning regulations. 35, 36, 37,
38, 39

20.416 (Hearings) Public Noticing: The proposed amendments would provide additional public noticing opportunities for community members to be informed about projects that are in process throughout the community:
• Update public hearing noticing requirements to require on-site posting of public notices for discretionary applications that require a public hearing. • Create a new section with requirements for notices of application filing. • Provide requirements for these posted notices, including fees, sign sizes, posting locations, timing, and sign removal and maintenance.
• Require the applicant to post at least one four-foot by eight-foot project information sign per street frontage on the project site for certain types of project applications within sixty (60) days of filing a development application, or within thirty (30) days of receipt of notice that the application requires a public hearing.
• Require the applicant to post a notice of public hearing sign on the previously posted project information sign at least ten (10) days prior to the hearing. 16, 20, 24 20.00 (General Provisions)

20.08 (Development
Standards)

ATTACHMENT D

CITY OF BREA
CITY COUNCIL NOTICE OF PUBLIC HEARING FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2025-03.

NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a City Council Meeting on Tuesday, November 18, 2025 at 7:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:

REQUEST: The City of Brea requests approval of the following entitlements: Zoning Ordinance Text Amendment (ZOTA) No. 2025-03 to amend the Chapters 14.08,

20.00, 20.08, 20.11, 20.24, 20.216, 20.258, 20.408, 20.412, 20.416. The purpose of this zoning ordinance text amendment is to: 1) comply with state legislation for expedited reviews of hydrogen-fueling stations (SB 1418); 2) comply with housing laws for Focused Development Sites in the City’s Housing Element; 3) improve consistency in the permitted land uses table, definitions, and parking, including the modernization of certain land use classifications; 4) clarify development standards for new construction; 5) update findings for specific applications (variances, administrative remedies); 6) enhance opportunities for public noticing; and 7) clarify certain zoning ordinance provisions and address existing grammatical errors, incorrect references, and internal inconsistency.

LOCATION: Citywide

PLANNING

COMMISSION

RECOMMMENDATION
At the October 28, 2025 Planning Commission meeting, the Planning Commission, on a 4-0-1 vote, recommended that the City Council approve the proposed ZOTA No. 2025-03.

ENVIRONMENTAL: The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed zoning code text amendments are exempt from the requirements of the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

IF YOU CHALLENGE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT

THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING.

Victoria Popescu
City Clerk
Date: 10/29/2025 Publish: 11/06/2025
** The following document is a draft of the minutes and not the official approved minutes Minutes for the Planning Commission
1 Civic Center Circle, Brea, California 92821
October 28, 2025
Roll Call: (The following members were in attendance)
• Melanie Schlotterbeck, Planning Commission Chair
• Blake Perez, Planning Commission Vice Chair
• Tom Donini, Planning Commissioner
• Ted Gribble, Planning Commissioner
• Bill Madden, Planning Commissioner

1. GENERAL SESSION

1.A. Call to Order/Roll Call - Commission
Chair Schlotterbeck called the meeting to order at 6:00 PM.

1.B. Invocation
Pastor Dan Crane from Formation church led the invocation.

1.C. Pledge of Allegiance
Commissioner Madden led the Pledge of Allegiance.

1.D. Matters from the Audience
Kim Rhodes, owner of Blue Scoop Creamery in Brea, commented on the issue of the parking situation in the shopping center, and requested the City to assist with possible solutions to the parking shortage.

ATTACHMENT E

2. CONSENT CALENDAR

2.A. Approval Of Minutes
Motion was made by Vice Chair Perez and seconded by Commissioner Madden. Motion passed 3- 0-2, with Commissioner Gribble absent and Chair Schlotterbeck recused.

3. PUBLIC HEARINGS

3.A. Omnibus Code Update ZOTA No. 2025-03
Graham Bultema, Assistant Planner, provided a presentation of the project.

The Planning Commission asked questions regarding the following topics:
• Amendments #5 and #6 as the only amendments that align state regulations with the City's ordinances
• Amendment #3 regarding variances is also part of and aligns with state law • Clarification of Amendment #1 's ancillary use of automotive services • The definitions of mixed-use, as well as the capacity and evolution of mixed-use concepts • The existing standards for Family Daycare Homes required parking within Amendment #2 • The specified hours of operation for a family daycare at a home • Amendment #3 and the definition of a minor modification for administrative remedies • The application requirements for an Accessory Dwelling Unit (ADU) • The methods of public noticing to ensure the communities are aware and understand the development projects
• Whether there is an e-mail notification for public hearing notices • How does a resident know, based on the language being modified, whether the resident qualifies to have the additional noticing prompted
Assistant Planner Bultema, Steven Flower, City Attorney, Jason Killebrew, Assistant City Manager/Community Development Manager, and Jessica Newton, Senior Planner, responded to the commissioner's questions.

Chair Schlotterbeck opened the Public Hearing and invited public comments.

Chair Schlotterbeck closed the Public Hearing after noting that no members of the public wished to address the Planning Commission.

After further discussion and deliberation, a motion was made by Vice Chair Perez and seconded by Chair Schlotterbeck to approve the resolution recommending that the City Council approve ZOTA No. 2025-03 for the Omnibus Code Update project.

The motion carried with a vote of 4-0-1, with Commissioner Gribble absent.

4. ADMINISTRATIVE ITEMS

4.A. Committee Reports
None.

4.B. Informational/Project Updates
None.

5. ADJOURNMENT
The meeting was adjourned at 7:00 PM.

CITYof BREA
City Council Regular Meeting
Communication
November 18, 2025
Item No. 5A.

November 4, 2025 Regular City Council Meeting Minutes

TO PREPARED BY
Honorable Mayor and City Council Members Christina Dizol, Deputy City Clerk

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager

RECOMMENDATION
Approve.

Attachments
11-04-2025 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
November 4, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:30 P.M.

1.A. Call to Order/Roll Call
Mayor Stewart called the Closed Session to order at 5:30 p.m. All members were present.

1.B. Public Comment
None.

1.C. Conference with Legal Counsel Pursuant to Government Code Section 54956.9(d)(4) - Anticipated Litigation. Initiation of Litigation: 1 potential case.

Mayor Stewart adjourned the Closed Session at 5:58 p.m.

2. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M.

2.A. Call to Order/Roll Call
Mayor Stewart called the Study Session to order at 6:00 p.m. All members were present.

2.B. Public Comment
None.

2.C. Clarify Regular Meeting Topics
None.

2.D. Appoint Proxy Holder and Nominee for the Office of Director at the Annual Meeting of Stockholders of Cal Domestic Water Company
Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Marick to authorize Christopher D. Blake, or in his absence, Michael O. Quinn, to vote all shares of the City of Brea in California Domestic Water Company at the 2025 Annual Meeting of Shareholders to be held on Friday, November 21, 2025; and nominate Thomas J. Prenovost, Jr. to serve as a member of the Board of Directors for a two-year term commencing in November 2025 and ending in November 2027, or until his successor is duly qualified and elected. Motion passed 5-0-0-0 (Ayes: Stewart, Hupp, Marick, Simonoff, Vargas).

2.E. Donation Distribution Discussion
Mayor Pro Tem Hupp indicated that the County Auditor's Office presented the City with a check for $5,835.29 in unclaimed funds and indicated the City is not obligated to use the funds for anything in particular. She suggested to donate the funds to the Brea Community Emergency Council (BCEC) for additional financial assistance over the holidays.

Council discussed how BCEC is funded by donations, the assistance they provide and other community organizations BCEC works with.

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Marick to donate $5,835.29 in unclaimed funds from the City of Brea to the Brea Community Emergency Council.

Motion passed 5-0-0-0 (Ayes: Stewart, Hupp, Marick, Simonoff, Vargas).

2.F. Comprehensive User Fee Study Update
Budget Manager Brenner provided a presentation and spoke about the item's background, developer deposits, policy discussion, development examples, review of the proposed user fee list, development examples, next steps and Staff's recommendation.

Council discussed the fire assessment fees for non-residents, the difference between fire assessment and first responder fees and cost recovery rates. Council directed staff to increase the non-resident Fire Assessment Fee to $609 to represent a 50% cost recovery.

Council also discussed the fees for False Alarm Permits and Overnight Parking Permits.

Assistant City Manager/Community Development Director Killebrew spoke about Council directives in honoring online fees for residents applying for Overnight Parking Permits in-person and the increasing trend of number of Overnight Parking Permits issued.

Mayor Stewart and Council Member Marick expressed concerns with subsidizing Overnight Parking Permits.

Council directed staff to maintain the current rates for False Alarm Permits and revise the parking permit fees to one fee for both online and in-person at a subsidized rate of $25 at fee adoption and incrementally increase $5 dollar each fiscal year thereafter.

Council discussed the fees for skylights and directed staff to revise the fee to reflect that up to three (3) skylights non-structural to $611 and each additional to $194 and up to three (3) skylights structural, requiring structural plan review – up to three (3) at $940 and each additional structural skylight $253.

Clarification was made regarding Building Division’s user fees as it relates to Grading Permit Inspection Fees, noting inspection fee is based upon tiers of cubic yards.

Budget Manager Brenner discussed timeline for next steps.

2.G. Council Member Reports/Requests
None.

2.H. Study Session Adjournment
Mayor Stewart adjourned the Study Session at 6:44 p.m.

3. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.

3.A. Call to Order/Roll Call
Mayor Stewart called the General Session to order at 7:01 p.m. All members were present.

3.B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.

3.C. Invocation: Pastor Vaughn Jarrett, The Way Christian Community Churches Pastor Vaughn Jarrett, The Way Christian Community Churches, led the Invocation.

3.D. Report - Prior Study Session
City Manager Griffith provided a report on the prior Study Session.

3.E. Community Announcements
Council Member Vargas invited the community to attend the Nutcracker Craft Boutique on Friday, November 14 from 9:00 a.m. to 6:00 p.m. and Saturday November 15 from 9:00 am to 4:00 p.m.

He indicated there will be 280 vendors on site and noted admission is $3 and parking is free.

Additional information can be found on the the City website.

Council Member Marick announced the City has reinstated parking enforcement for the Street Sweeping Program. She asked residents to to keep their vehicles off the streets during designated street sweeping days, and to visit the City website for additional information.

Mayor Pro Tem Hupp announced the City's first ever Dine Brea event is currently going on now until November 9. She indicated that participating restaurants are offering exclusive menus, discounts, and special promotions. She encouraged residents to participate in the event and to support local restaurants. She stated additional information can be found on the City's website.

Council Member Simonoff announced that the Winter Brea Line Newsletter is now available and residents can view and subscribe to the Brea Line by visiting the City's website.

Mayor Stewart invited the community to attend the City's annual Veterans Day Ceremony on November 11 at 10:00 a.m. at the Brea Veterans Memorial. He stated additional information can be found on the City's website.

3.F. Matters from the Audience
Gill Reallon, Brea Community Emergency Council, expressed appreciation for the Brea Resource Center and provided a summary on their 2024 accomplishments. He also thanked the City Council for their continued support.

Scott Hupp, Brea Community Emergency Council, spoke about the importance of the organization and thanked everyone for their support.

Celine Berenguer, Alzheimer's Orange County, spoke regarding the organization and resources available to the community.

3.G. Response to Public Inquiries
None.

4. ADMINISTRATIVE ITEMS

4.A. Waive Full Reading of and Introduce Ordinance No. 1268, an Ordinance of the City of Brea Extending the Term of a Pipeline Franchise Granted to Cardinal California Pipeline, L.P., and Approve a CEQA Exemption Determination
Senior Management Analyst Cuevas provided a presentation on the Pipeline Franchise and spoke regarding the California Public Utilities Code and Brea City Code requirements, the renewed franchise time frame, estimated franchise fees and Staff's.

Council Member Simonoff stated the item was reviewed by the Finance Committee and recommended to the City Council.

In response to Council Member Vargas' questions regarding Hydro Testing of the line, Senior Management Analyst Cuevas stated the line has been placed under a deferred maintenance program and is inspected annually by the Office of the State Fire Marshall.

A motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to introduce by title only and waive further reading of Ordinance 1268, "An Ordinance of the City Council of the City of Brea extending the term of a Pipeline Franchise granted to Cardinal California Pipeline, L.P.," and approve a California Environmental Quality Act (CEQA) exemption determination; and appropriate any revenues received as part of this franchise in the Fiscal Year 2025-2026 Operating Budget; and authorize the City Clerk to accept a new faithful performance bond upon final adoption of the Ordinance. Motion passed 5-0-0-0 (Ayes: Stewart, Hupp, Marick, Simonoff, Vargas).

5. CONSENT CALENDAR
Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to approve City Consent Calendar Items 5A - 5C. Motion passed 5-0-0-0 (Aye: Stewart, Hupp, Marick, Simonoff, Vargas).

5.A. October 21, 2025 Regular City Council Meeting Minutes The City Council approved the October 21, 2025 City Council Meeting Minutes as written.

5.B. Approval of the 9-1-1 Phone System Maintenance Contract The City Council approved an agreement with AT&T for the 9-1-1 Phone System Maintenance Contract for a six-month term; authorized the Chief of Police or their designee to execute the agreement; and amended the Fiscal Year 2025-27 General Fund (110) Operating Budget to appropriate $38,316.25 for the six-month agreement with reimbursement from Cal OES.

5.C. City Disbursement Registers for October 17 and October 24, 2025 The City Council received and filed the October 17 and 24 City Disbursement Registers.

6. BREA ARTS CORPORATION - CONSENT

6.A. Brea Arts Corporation Annual Report for Fiscal Year 2024-25 The City Council received and filed the Brea Arts Corporation Annual Report for Fiscal Year 2024-

25. Motion was made by Council Member Simonoff and seconded by Council Member Vargas to approve Brea Arts Corporation Consent Calendar Item 6A. Motion passed 5-0-0-0 (Ayes:

Stewart, Hupp, Marick, Simonoff, Vargas).

7. ADMINISTRATIVE ANNOUNCEMENTS

7.A. City Manager
None.

7.B. City Attorney
None.

7.C. Council Requests
None.

8. COUNCIL ANNOUNCEMENTS

8.A. Council Announcements
None.

9. ADJOURNMENT

9.A. Meeting Adjournment
Mayor Stewart adjourned the General Session at 7:19 p.m.

CITYof BREA
City Council Regular Meeting
Communication
November 18, 2025
Item No. 5B.

Second Reading of Ordinance No. 1268, an Ordinance of the City of Brea Extending the Term of a Pipeline Franchise Granted to Cardinal California Pipeline, L.P., and Approve a CEQA Exemption Determination

TO PREPARED BY
Honorable Mayor and City Council Members Matthew Cuevas, Senior Management Analyst

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Michael Ho, Public Works Director Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends the City Council take the following actions:

1. Waive full reading of and adopt Ordinance No. 1268 by title only and approve a California Environmental Quality Act (CEQA) exemption determination; and

2. Appropriate any revenues received as part of this franchise in the Fiscal Year 2025-2026 Operating Budget; and

3. Authorize the City Clerk to accept a new faithful performance bond upon final adoption of the Ordinance.

BACKGROUND/DISCUSSION
Cardinal California Pipeline, L.P. ("Cardinal") submitted an application requesting that a previously granted pipeline franchise be extended to continue operating and maintaining an existing petroleum pipeline in the City. The California Public Utilities Code ("CPUC") and Brea City Code ("BCC") require any person, firm, or corporation utilizing City property to convey petroleum or similar products to have a valid franchise with the City of Brea.

In consultation with the City Attorney's office, staff has determined that Cardinal's application is for the extension of an existing pipeline franchise and not to construct, build, and operate an entirely new pipeline within the City.

Therefore, the City Council is not required to adopt a Resolution of Intent to Grant or conduct a Public Hearing and can introduce the Ordinance for first reading. The extension of this pipeline franchise is exempt from CEQA under Section 15301 ("Existing Facilities") of the CEQA Guidelines, and this Categorical Exemption has been incorporated by reference in the Ordinance ("Exhibit B"). Staff recommends waiving the second reading of the Ordinance at the next regularly scheduled City Council meeting.

If the Ordinance is adopted at that time, then both the Ordinance and franchise would become effective 30 days later. The term of the franchise would be for ten years. Cardinal would be the franchisee for 2,754 lineal feet of 8- inch diameter proprietary pipeline along Brea Canyon Road and Orangewood Drive. Attached is a map ("Exhibit A") depicting the location of the pipeline in the City. Upon final adoption of the Ordinance by the City Council, Cardinal will submit a $100,000 faithful performance bond referencing the new Ordinance No. 1268. The California Public Utilities Commission regulates pipeline activity and establishes the rates charged for pipeline franchises. The rates for a non-public utility, or proprietary, pipeline franchise are also incorporated into the Brea City Code under Chapter 8.42: Pipeline Franchises ("Table A"). The annual payments are based on a formula associated with the internal diameter and length of the pipelines subject to annual Consumer Price Index ("CPI") adjustments. The franchise fees for the pipeline depicted in Exhibit A have been paid through 2024 under Ordinance No. 1160. If the ordinance is adopted, the annual base franchise fee is estimated at $1,339.94, and a one-time base granting fee of $7,747.50, for Fiscal Year 2025-2026. Both base fees have been adjusted by the annual CPI; therefore, there will be a positive fiscal impact on the General Fund.

Table A: Pipeline Franchise Rates - Proprietary
Internal Diameter of
Pipeline (inches)
Length of Pipeline per
Lineal Foot
Base Rate per
Lineal Foot Base Franchise Rate*
8" 2,754 $0.471 $1,339.94
One-time Base Granting
Fee* $7,747.50
Estimated FY 25-26
Franchise Fee $9,087.44
*Includes 3.3% CPI
increase for 2025
The Ordinance was introduced at the November 4, 2025 Regular City Council Meeting.

COMMISSION/COMMITTEE RECOMMENDATION
This staff report was reviewed by the Finance Committee at their October 28, 2025, meeting and recommended for City Council approval.

FISCAL IMPACT/SUMMARY
Cardinal has submitted an application requesting that a previous pipeline franchise be extended to operate and maintain an existing petroleum pipeline in the City of Brea. The pipeline franchise has been determined to be exempt from CEQA requirements according to Section 15301 of CEQA guidelines. Upon the City Council's final adoptions of the Ordinance ("Exhibit B"), appropriate all franchise fee revenues in the estimated amount of $9,087.44 in the Fiscal Year 2025-2026 Operating Budget. The Ordinance was introduced at the November 4, 2025, regular City Council Meeting and approved for a second reading and final adoption at the next regularly scheduled City Council Meeting.

Attachments
Exhibit A - Pipeline Map
Exhibit B - Ordinance No. 1268
Cardinal Pipeline - Proprietary Pipelines
Legend
Menchego Gathering Line - 8" - 2,754ft
0 500 1,000
Feet
Paragon Partners Ltd.
1 Ord No. 1268
_______, 2025
ORDINANCE NO. 1268

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

EXTENDING THE TERM OF A PIPELINE FRANCHISE GRANTED TO
CARDINAL CALIFORNIA PIPELINE, L.P.

THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

SECTION 1. On or about March 6, 2012, in accordance with the provisions of Chapter 8.42 of the Brea City Code, the City Council adopted its Ordinance No. 1160, granting a franchise to Cardinal California Pipeline, L. P., a California limited partnership ('Franchisee"), for a term of 10 years from the effective date of that Ordinance, to maintain, operate, renew, repair, remove or abandon in place existing pipes and pipelines for the collection, transportation or distribution of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam, and other liquid and gaseous substances which are not more hazardous than the aforementioned substances, together with all existing manholes, valves, appurtenances and service connections necessary or convenient for the operation of such pipes or pipelines including existing conduits, cathodic protection devices, wires, cables and other appurtenances necessary or convenient for the exercise of the Franchisee's business, in, under, along or across those streets within the City of Brea as depicted in Exhibit "A" attached hereto and incorporated by reference herein (the "Franchise").

SECTION 2. The City Council hereby extends the Franchise for a term of ten (10) years commencing on _______, 2025 . This extension is subject to, and conditioned upon the Franchisee's compliance with, all provisions of this Ordinance and Chapter 8.42 of Title 8 of the Brea City Code, which Chapter is incorporated by reference herein. 2 Ord No. 1268
_______, 2025
SECTION 3. To the extent not contrary to Applicable Law, as defined in Chapter

8.42 of Title 8 of the Brea City Code, the City Council may from time to time amend this Ordinance or Chapter 8.42 of Title 8 and such amendments shall apply to the Franchisee to the extent such amendments are of general application to oil pipeline franchises in the City of Brea. Each and every provision of Chapter 8.42 of Title 8 of the Brea City Code shall apply to the Franchise.

SECTION 4. The City Council finds that the extension of the Franchise ("Project") was reviewed in accordance with the California Environmental Quality Act of 1970 (“CEQA”) and the Guidelines thereunder, and that there is no substantial evidence that the Project will have a significant effect on the environment. The City Council further finds that the Project is exempt from CEQA pursuant to Section 15301 ("Existing Facilities") of the CEQA Guidelines, and that this Categorical Exemption, incorporated herein by reference, reflects the independent judgment of the City Council. Based thereon, the City Council hereby adopts the Categorical Exemption for the Project.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions thereof.

The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more 3 Ord No. 1268
_______, 2025
of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this __ day of __________, 2025.
________________________________
Blair Stewart, Mayor
ATTEST: ________________________________
Victoria Popescu, City Clerk
4 Ord No. 1268
_______, 2025
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea held on the ___ day of ___________, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea held on the ____ day of ___________, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED: ____________________, 2025
________________________________
Victoria Popescu, City Clerk
5 Ord No. 1268
_______, 2025
EXHIBIT “A”
CITYof BREA
City Council Regular Meeting
Communication
November 18, 2025
Item No. 5C.

Award Design-Build Contract to GSE Construction Company for Carbon Canyon Booster Pump Station No. 2 Improvements, CIP 7470

TO PREPARED BY
Honorable Mayor and City Council Members Bryan Hong, Assistant City Engineer

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Michael Ho, Public Works Director Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Amend the FY 2025-27 City’s Operating and Capital Improvement Program Budget to appropriate $750,000 from the City’s Water Fund (420) for Carbon Canyon Booster Pump Station No. 2 Improvements, CIP 7470; and

2. Award a Design-Build Contract to GSE Construction Company, Inc., in the amount of $2,667,000.00; and

3. Authorize the City Engineer to issue Change Orders up to a "not to exceed" amount of 10% of the Contract Price.

BACKGROUND/DISCUSSION
Carbon Canyon Booster Pump Station No. 2 Improvements, CIP 7470 (Project), is programmed within the FY 2025-27 Capital Improvement Program (CIP) Budget. The Project is on Carbon Canyon Road, east of the Chino Hills State Park entrance (Attachment A). The Project generally consists of, but is not limited to: construction of a new fire-resistant building enclosure and associated infrastructure, replacement of pumps and motors, installation of an emergency backup generator, electrical upgrades and modifications, and site improvements. The Project will enhance the overall resiliency and operational reliability of this critical facility.

On June 3, 2025, staff initiated a two-step, design-build procurement process by issuing a Request for Qualifications (RFQ) for the Project. This first step of the process was a mandatory pre-qualification of Design-Build Entities (DBEs). All DBEs were required to submit a completed Statement of Qualifications (SOQ) package that included a pre-qualification questionnaire and other requested documentation. On July 3, 2025, staff received three SOQ packages from GSE Construction Company, Kingmen Construction, and Metro Builders & Engineers Group.

Staff evaluated the SOQ packages and determined that all three DBEs were qualified to proceed with the second step of the design-build procurement process.

On August 11, 2025, staff initiated the second step by issuing a Request for Proposals (RFP) to all three prequalified DBEs. On October 2, 2025, staff received two design-build proposals from GSE Construction Company and Kingmen Construction. Staff evaluated the proposals based on a combination of qualifications, experience, technical approach, and price. The price proposal includes costs associated with engineering design, permitting, procurement, and construction for the Project.

PROPOSAL RESULT TABLE
DESIGN-BUILDER PROPOSAL SCORE (0-10) PRICE PROPOSAL
GSE Construction Company 8.75 $2,667,000.00
Kingmen Construction 7.20 $3,396,500.00
Based on the review of proposals, staff has determined that GSE Construction Company would provide the best overall value for the delivery of the Project. GSE Construction Company has been in business for 45 years and has completed similar projects for the City of Santa Barbara and the Jurupa Community Service District. Their California Contractor’s license numbers are 401498-A (General Engineering) and 401498-B (General Building), and their Department of Industrial Relations registration number is 1000000077. Project design is set to begin in December 2025 and complete construction by December 2026. Staff recommends awarding a Design-Build Contract to GSE Construction Company for $2,667,000.00 (Attachment B).

FISCAL IMPACT/SUMMARY
The approved FY 2025-27 CIP Project budget for Construction and Construction Engineering for the overall Project is $2,000,000. With a carryover of $494,571, the total available budget is $2,494,571. The anticipated total cost for the Project is $3,200,400, which includes the price proposal amount, a 10% contingency, and Construction Engineering costs. Additional funds are needed to cover the total cost for the Project; therefore staff recommends City Council approve the Project budget amendment for CIP 7470 to appropriate $750,000 from the City’s Water Fund (420). Upon completion of the overall Project, the remaining fund balance will be de-obligated and transferred back into the respective fund. There is no fiscal impact to the General Fund from this Project.

Attachments
Attachment A - Location Map.pdf
Attachment B - Design Build Agreement.pdf

DESIGN-BUILD AGREEMENT
FOR
CARBON CANYON BOOSTER PUMP STATION NO. 2

IMPROVEMENTS
between
City of Brea
as Owner
and
GSE Construction Company, Inc.
as Design-Builder
Design-Build Agreement
Carbon Canyon BPS No. 2 Improvements A-1

DESIGN-BUILD AGREEMENT
THIS DESIGN-BUILD AGREEMENT (“Agreement”) is dated _______________ for reference purposes and is executed by the City of Brea (“City”), a California municipal corporation, and GSE Construction Company, Inc. (“Design-Builder”), a California corporation, for design, management, and construction of the Carbon Canyon Booster Pump Station No. 2 Improvements (“Project”).

R E C I T A L S
A. Public Contract Code Section 22160 et seq. authorizes City to use designbuild procurement for the design and construction of certain public works projects, including the Project. Design-Builder shall perform, directly and through subcontracts, the services set forth in this Agreement and the Contract Documents.

B. City issued a Request for Qualifications (“RFQ”) and established a list of design-build entities qualified to submit proposals to perform construct the Project.

Thereafter, City issued to those prequalified design-build entities a Request for Proposals (“RFP”) t to design, build, and deliver the Project. The Project consists of the total design and construction of an enclosure and associated improvements for Carbon Canyon Booster Pump Station No. 2 as described in, and in accordance with, the Project Description and Contract Documents, complete with all appurtenances necessary to complete the Project.

C. City has selected Design-Builder for the Project based on Design-Builder’s response to the RFP.

D. Design-Builder warrants that it is ready, willing and able to design, build, and deliver the Project in accordance with the terms and conditions of the Agreement.

E. Design-Builder represents that it has the necessary professional expertise, capacity, and skill to perform such services.

F. City enters this Agreement in reliance on all of Design-Builder’s foregoing representations and responses to the RFQ and the RFP.

NOW, THEREFORE, the parties agree as follows:

ARTICLE 1 – CONTRACT DOCUMENTS AND INTERPRETATION

1.1 Definitions.

The meaning of all terms used in the Contract Documents and not otherwise defined in this Agreement is contained in the General Conditions. Except as indicated otherwise, all references to City include its elected officials, officers, directors, employees, agents, and volunteers. Except as indicated otherwise, all references to Design-Builder include its personnel, employees, agents, and subcontractors.

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1.2 Contract Documents.

The “Contract Documents” shall consist of the following documents, all of which are incorporated into this Agreement by reference:

1. This Agreement, including all addenda, Exhibits and attachments:
a. Project Description attached as Exhibit A;
b. The Performance Bond attached as Exhibit B;
c. The Payment Bond attached as Exhibit C;
d. Indemnity provisions attached as Exhibit D;
e. Insurance provisions attached as Exhibit E;

2. General Conditions attached as Exhibit F.

3. Proposal as attached as Exhibit G;

4. Preliminary Design Documents to be prepared by Design-Builder and approved in writing by the City;

5. The 2024 Standard Specifications for Public Works Construction (“Standard Specifications”) published by BNI Building News, as modified and supplemented by the City;

6. Construction Documents prepared by Design-Builder and approved by the City in writing;

7. Design Documents prepared by Design-Builder and approved by City in writing;

8. Request for Qualifications (“RFQ”), its addenda, and Design-Builder’s Statement of Qualifications in response, which are all on file in the Public Works Department; and

9. Request for Proposals for the Project (“RFP”) and its addenda, which are all on file at the Public Works Department.

1.3 Order of Precedence.

Each of the Contract Documents is an essential part of the contract, and a requirement appearing in one is as binding as though appearing in all. The Contract Documents are intended to be complementary and to describe and provide for a complete contract and turn-key Project. In the event of any conflict among the Contract Documents, the order of precedence shall be as set forth below.

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(a) For design and other non-construction Work:

1. Permits

2. Change orders

3. Amendments to this Agreement

4. Agreement and those documents listed under Subparagraph 1 of Paragraph 1.2

5. General Conditions

6. RFP Addenda

7. RFP

8. 2024 Standard Specifications

9. Construction Documents prepared by Design-Builder

10. Design Documents

11. Preliminary Design Documents

12. Proposal
(b) For construction-related standards, specifications and requirements, the same order of precedence shall apply, except that the Final Design Documents shall also be considered Contract Documents and shall be added at the end of the order of precedence, provided that (i) specifications contained therein shall have precedence over plans, and (ii) any Deviations contained in the Final Design Documents shall have priority over conflicting requirements of other Contract Documents only to the extent that the conflicts are specifically identified and acknowledged in City's approval.

1.4 Entire Agreement.

This Agreement together with all other Contract Documents constitutes the entire agreement between the parties and all prior representations or statements related to its subject matter are merged herein. The parties have, with the assistance of their respective counsel, drafted this Agreement. Therefore, no provision shall be construed in favor or against any party by virtue of the identity of its preparer. This Agreement may be amended only by written Modification executed by duly authorized representatives of the parties or according to the procedure set forth in the General Conditions.

1.5 Interpretation and Intent.

1.5.1 Design-Builder and City, prior to execution of this Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documents, and promptly notify City in writing of any known conflicts or ambiguities. Design-Builder and City will discuss and resolve any identified conflicts or ambiguities prior to execution of this Agreement.

1.5.2 Interpretation. The Contract Documents are intended to be coordinated so that figures, words, or notes exhibited on plans and not mentioned in the Specifications, or vice versa, are to be executed to the true intent and meaning thereof, the same as if mentioned in the Specifications and set forth in plans. Work shown on Design-Build Agreement
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plans, the dimensions of which are not given, is to be accurately followed according to the scale to which plans are made, but figured dimensions in all cases are to be followed, although they may differ from the scale measurements. The City Engineer will interpret the meaning of any part of the Contract Documents about which any misunderstanding may arise, and such official’s decision shall be final. In the event of Design-Builder's failure to give the notice required in Section 1.5.1, Design-Builder shall make good any damage or defect caused thereby. The execution of work specially detailed or explained without a previous written claim for an extra charge, shall constitute an acceptance by Design-Builder of the detailed explanations as being in conformity with the work covered by this Agreement.

1.5.3 Unless otherwise stated in the Contract Documents, words which have well-known, technical or construction industry meanings are used in accordance with such recognized meanings. Whenever in the Contract Documents the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the City Engineer is intended, and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved or acceptable to, or satisfactory to the City Engineer unless otherwise expressly stated.

1.5.4 Unless otherwise indicated or apparent from the context, the following rules of construction shall apply. The singular includes the plural and vice versa; the term “shall” is mandatory and the term “may” is permissive; and the terms “include,” “includes,” and “including” are illustrative and nonexhaustive.

1.6 Ownership of Work Product.

1.6.1 The Construction Documents and other Project-related documents and electronic data prepared by or on behalf of Design-Builder for the Project shall be deemed to be "works for hire" and are the property of City. Design-Builder assigns to City, without reservation, all copyrights and all other intellectual property rights to all Project-related documents, images, electronic files, models, computer drawings and other electronic expression, photographs, and other expression produced by DesignBuilder in connection with this Agreement. Among those documents are certain "Instruments of Service," including the design drawings, Design-Builder Specifications, and other documents that are required by the Contract Documents. Design-Builder shall obtain a valid written assignment of copyrights and all other intellectual property rights from its consultants in terms identical to those that obligate Design-Builder to City as expressed in this subparagraph, which intellectual property rights Design-Builder assigns to City. City, in turn, grants to Design-Builder a nonexclusive license to reproduce the documents for purposes relating directly to Design-Builder's performance of the Project, for Design-Builder's archival records, and for Design-Builder's reproduction of drawings and photographs in Design-Builder's marketing materials provided the contents of those materials, as to the Project, are approved by City. No other Project-related documents may be reproduced for any other purpose without the Design-Build Agreement
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express written permission of City. No other copyrights are included in this grant of nonexclusive license to Design-Builder. This nonexclusive license shall terminate immediately upon the breach of this Agreement by Design-Builder.

1.6.2 A copy of every technical memorandum and report prepared by Design-Builder in connection with this Agreement shall be submitted to City to demonstrate progress toward completion of the Work. In the event City rejects or has comments on any such work product, City shall identify specific requirements for satisfactory completion by Design-Builder. Design-Builder shall provide City with Project-related documents in reproducible or electronic format, upon City’s written request. Complete Record Documents, including a complete set of “as-built” drawings, shall be turned over to City upon termination of this Agreement or Final Completion, whichever occurs first. If City subsequently reproduces Project-related documents or creates (or causes to create) a derivative work based upon Project-related documents created by Design-Builder, then City shall remove or completely obliterate the original professional seals, logos, and other indications on the documents of the identity of Design-Builder and its consultants. However, where required by law, such identification with appropriate qualifying language or other statutorily prescribed information identifying the original architect or the scopes of the reuse of the documents may remain or be applied. City agrees that its use of any of the Project-related documents for any purpose other than the Project, shall be at City’s sole risk.

1.6.3 If Design-Builder believes or is advised by any design professional retained to provide services on the Project that implementation of any instructions received from City would cause a violation of any Applicable Law, Design-Builder shall notify City in writing.

ARTICLE 2 – TIME FOR PERFORMANCE

2.1 Contract Time.

2.1.1 Contract Time shall be 243 Working Days from issuance of Notice to Proceed to Substantial Completion.

CONTRACT MILESTONES: (TENTATIVE ONLY)

1. Notice to Proceed Issued: December 2025

2. Design Complete: March 2026

3. Construction Documents and Permits: May 2026

4. Construction Complete: December 2026

2.1.2 By executing this Agreement, Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. Design-Builder agrees to commence Services within five calendar days after a written Notice to Proceed is issued by City, to perform the Work in a diligent and workmanlike manner, to complete the Work within the Contract Time, and to achieve Final Completion of the Work within Design-Build Agreement
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the time fixed by City. The Contract Time may be extended only with the written permission of City.

2.2 Liquidated Damages for Design-Builder Delays.

2.2.1 The parties have agreed to liquidate damages with respect to Design-Builder’s failure to achieve Substantial Completion of the Work within the Contract Time. The parties intend for the Liquidated Damages set forth herein to constitute liquidated damages as such term is used in Government Code Section 53069.85. Design-Builder acknowledges that the Liquidated Damages are intended to compensate City solely for Design-Builder’s failure to meet the deadline for Substantial Completion and shall not excuse Design-Builder from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

2.2.2 In the event that Design-Builder fails to achieve Substantial Completion of the Work within the Contract Time, Design-Builder shall pay City $2,500 per day for each calendar Day that Substantial Completion is not achieved.

2.2.3 Design-Builder acknowledges that the foregoing Liquidated Damages have been set based on an evaluation by City of damages that it will incur in the event of late completion. The parties agree that the amount of such damages is impossible to ascertain as of the date of this Agreement, and the parties have agreed to such Liquidated Damages to fix Design-Builder’s costs and to avoid later disputes over which items are properly chargeable to Design-Builder. It is understood and agreed by Design-Builder that any Liquidated Damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.

2.2.4 City shall have the right to deduct Liquidated Damages against progress payments or retainage and City will issue a unilateral deductive change order and will reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of Liquidated Damages, DesignBuilder shall pay the difference to City.

2.3 Bonus for Early Completion.

2.3.1 If Design-Builder achieves Substantial Completion of the Work prior to the Contract Time (as such may be extended in accordance with the Contract Documents), then Design-Builder shall be entitled to an early completion bonus equal to $2,000 per day for each calendar day that the Work is Substantially Completed prior to the Contract Time, up to a maximum of $30,000.

2.3.2 Design-Builder waives any claim against City that City caused Design-Builder to fail to achieve early Substantial Completion.

Design-Build Agreement
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2.4 Delays and Extensions of Time.

2.4.1 Non-Compensable Delays. The parties acknowledge that the following types of delays and events are not within the responsibility or control of City, and are reasonably contemplated by the parties to occur during the course of performance of the Work which may impact the schedule for performance: construction by separate contractors on or adjacent to the project site; and Force Majeure events as described in the General Conditions (“Non-Compensable Delays”). Notwithstanding anything to the contrary in the Contract Documents, an extension of the Contract Time, to the extent permitted under Section 8 of the General Conditions, shall be the sole remedy of Design-Builder for Non-Compensable Delays. In no event shall DesignBuilder be entitled to any compensation or recovery of any damages in connection with Non-Compensable Delays identified in this paragraph including consequential damages, lost opportunity costs, impact damages or other similar remuneration.

2.4.2 Compensable Delays. If the date for Substantial Completion of the Work is delayed by events which are the responsibility of or within the control of City, are unforeseeable and are unreasonable under the circumstances involved, DesignBuilder shall be entitled to an equitable adjustment of the Contract Time and/or the Contract Price, subject to the requirements of Article 8.2 of the General Conditions.

ARTICLE 3 – CONTRACT PRICE

3.1 Contract Price.

City shall pay Design-Builder in accordance with Article 9 of the General Conditions the all-inclusive, total Contract Price of Two Million Six Hundred Sixty Seven Thousand dollars ($2,667,000.00) subject to any adjustments made in accordance with the General Conditions.

3.2 Allowance Items and Allowance Values.

3.2.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the Proposal and are included within the Contract Price.

3.2.2 The parties have reviewed the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. The parties will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.

3.2.3 No work shall be performed on any Allowance Item without DesignBuilder first obtaining in writing advanced authorization to proceed from City. If Design- Design-Build Agreement
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Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project Schedule, due to no fault of Design-Builder, then DesignBuilder may be entitled to an adjustment of the Contract Time(s) and Contract Price.

3.2.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.

3.2.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Price shall be adjusted accordingly by Change Order, subject to Section 3.2.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.

3.3 Non-Reimbursable Costs.

Section 7.7 of the General Conditions lists those items that are not deemed as costs of the Work.

ARTICLE 4 – PAYMENT

4.1 Progress Payments.

4.1.1 Design-Builder shall submit to City on the first day of each month, beginning with the first month after the Date of Commencement, Design-Builder’s Application for Payment in accordance with Article 9 of the General Conditions of Contract.

4.1.2 City shall make payment in accordance with Article 9 of the General Conditions.

4.1.3 The amount of Design-Builder’s Fee to be included in DesignBuilder’s monthly Application for Payment and paid by City shall be proportional to the percentage of the Work completed, less payments previously made on account of Design-Builder’s Fee and retention.

4.2 Retainage on Progress Payments.

City will follow those procedures outlined in Section 9.3.2 of the General Conditions regarding payments and retainage.

4.3 Final Payment.

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Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 9.5 of the General Conditions.

4.4 Record Keeping and Finance Controls.

Design-Builder acknowledges that this Agreement is to be administered on an “open book” arrangement relative to Costs of the Work. 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 four years after Final Payment, City and City’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 the Work, all of which Design-Builder shall preserve for a period of four years after Final Payment. Such inspection shall take place at Design-Builder’s offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by City 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.

ARTICLE 5 – DESIGN-BUILDER'S DUTIES AND RESPONSIBILITIES

5.1 General Services.

5.1.1 Design-Builder’s Representative shall be reasonably available to City and shall have the necessary expertise and experience required to supervise the Work. Design-Builder’s Representative shall communicate regularly with City and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder’s Representative may be replaced only upon agreement of City and Design-Builder.

5.1.2 Design-Builder shall provide City 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) status of the contingency account to the extent provided for in the Agreement; and (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).

5.1.3 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 days prior to the meeting contemplated by Section 5.1.4, a schedule for the execution of the Work for City’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 City information and approvals are required to enable Design-Build Agreement
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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. City’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.

5.1.4 The parties will meet within seven days after execution of this 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 Contract Documents.

5.2 Design Professional Services.

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 City and any Design Consultant.

5.3 Standard of Care for Design Professional Services.

The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project.

5.4 Design Development Services.

Design-Builder shall follow those procedures outlined in Article 13 of the General Conditions regarding Design Submissions.

5.5 Legal Requirements.

5.5.1 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. At all times herein, Design-Builder shall possess the following California State Contractor’s License(s): License No. 401498, Class A & B.

5.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design-Builder for the effects of any changes in the Legal Requirements Design-Build Agreement
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that are enacted after the date of this Agreement and that affect the performance of the Work. Such effects may include revisions Design-Builder is required to make to the Construction Documents because of changes in Legal Requirements.

5.5.3 City will pay for all permits issued by City except City Business Licenses. Design-Builder shall pay all other fees and permits required by other public agencies.

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

5.5.6 Labor Code Compliance. Design-Builder acknowledges that the Project is a public work and is subject to payment of prevailing wages, as well as compliance with other provisions of the Labor Code related to public works.

5.5.6 Skilled and Trained Workforce. To the extent required by Public Contract Code Section 2600 et seq., Design-Builder and its subcontractors at every tier will use a skilled and trained workforce to perform all Work under this Agreement that falls within an apprenticeable occupation in the building and construction trades. On a monthly basis, Design-Builder shall provide City with a reporter demonstrating compliance with such statutes.

5.6 Key Personnel.

5.6.1 Design-Builder’s single lead Project Manager and authorized representative for this Project is Andrew Rivera and has the authority to make decisions for and bind Design-Builder. This Project Manager shall manage and coordinate all commercial and technical aspects of the Project. The Project Manager shall submit monthly progress reports to City and maintain the Project Schedule. The Project Manager originally assigned to the Project shall not be changed once the Project has commenced unless the Project Manager ceases to be in Design-Builder’s employ. Any change in the Project Manager shall be subject to City’s prior approval as provided in Subsection 5.6.2.

5.6.2 In addition to the Project Manager, Design-Builder shall employ the Project Superintendent and Key Personnel identified in the Proposal, or replacement personnel approved by City in writing. City may at any time elect to add job categories to the Key Personnel list. City has the right to review the qualifications and character of each individual appointed to a key position (including personnel employed by Subcontractors) and to accept or reject the use of such individual. Design-Builder shall submit to City in writing any proposed change in Key Personnel and obtain City’s prior written consent to any such change. City’s consent to a change in Key Personnel shall not be unreasonably withheld. If City determines in its sole discretion that performance of any Key Personnel is unsatisfactory, then City has the right to direct a change in such Key Personnel.

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5.7 Design-Builder’s Construction Phase Services.

5.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of City 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 Contract Documents.

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

5.7.3 Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. City 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 City’s decision impacts Design-Builder’s cost and/or time of performance.

5.7.4 Design-Builder assumes responsibility to City 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 City and any Subcontractor or SubSubcontractor, including any third-party beneficiary rights.

5.7.5 Design-Builder shall coordinate the activities of all Subcontractors.

If City performs other work on the Project or at the Site with separate contractors under City’s control, Design-Builder shall 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.

5.7.6 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 to permit City to occupy the Project or a portion of the Project for its intended use. To the extent applicable, Design-Builder shall comply with City’s Construction and Demolition Waste Management Code (Brea City Code Chapter 8.29).

5.8 Design-Builder’s Responsibility for Project Safety.

5.8.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) individuals at the Site, Design-Build Agreement
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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 or adjacent to the Site. 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 Design-Builder’s personnel, Subcontractors and others as applicable.

5.8.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any City-specific safety requirements set forth in the Contract Documents, provided that such City-specific requirements do not violate any applicable Legal Requirement. Design-Builder shall immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to City’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 the Work.

5.8.3 Design-Builder’s responsibility for safety under this Section 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 the Work.

5.9 Design-Builder’s Warranty.

5.9.1 Design-Builder warrants to City 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. DesignBuilder’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 City with greater warranty rights than set forth in this Section or the Contract Documents. Design-Builder shall provide and assign, as applicable, all manufacturers’ warranties to City upon Substantial Completion. Design-Builder further warrants that upon final payment or termination by City for cause, City will own all right and title to all equipment, improvements, and materials delivered, installed and/or constructed by Design-Builder pursuant to this Agreement.

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5.10 Correction of Defective Work.

5.10.1 Design-Builder shall correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 5.9, 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.

5.10.2 Design-Builder shall, within 14 calendar days of receipt of written notice from City 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 period, City, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that City will commence correction of such nonconforming Work with its own forces. If City does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by City in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the 14- day period shall be deemed inapplicable.

5.10.3 The one-year period referenced in Section 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 City may have regarding Design-Builder’s other obligations under the Contract Documents.

5.11. Supervision and Coordination of Construction.

5.11.1 Design-Builder shall supervise, inspect and direct the construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the construction in accordance with the Contract Documents. Design-Builder shall be solely responsible to see that the completed construction complies accurately with the Contract Documents and shall keep City advised as to the quality and progress of the Work.

5.11.2 Design-Builder shall coordinate its Work with adjoining property owners and tenants to provide access to the Site and adjoining property, and shall implement measures to prevent disruption to operations and occupancy of such property owners and tenants.

5.12 Labor, Materials and Equipment.

5.12.1 Design-Builder shall provide competent, suitably qualified personnel to survey and lay out the construction and perform construction as required by the Contract Documents. Design-Builder shall at all times maintain good discipline and order at the Site. Except as otherwise required for the safety or protection of Design-Build Agreement
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persons or the Work or property at or adjacent to the Site, and except as otherwise indicated in the Contract Documents, all construction at the Site shall be performed during regular working hours, and Design-Builder shall not permit overtime work or the performance of construction on Saturday, Sunday or any legal holiday without City’s prior written consent.

5.12.2 Unless otherwise specified in the Contract Documents, DesignBuilder shall furnish or cause to be furnished and assume full responsibility for materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. Design-Builder, in the presence of City’s personnel, shall direct the checkout of utilities and operations of systems and equipment.

5.12.3 All materials and equipment incorporated into the Work shall be of good quality and new. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of City. If required by City, Design-Builder shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents
ARTICLE 6 – CITY'S DUTIES AND RESPONSIBILITIES

6.1 Duty to Cooperate.

6.1.1 City shall, throughout the performance of the Work, cooperate with Design-Builder and perform City’s 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 Design-Builder’s performance of its obligations under the Contract Documents.

6.1.2 City shall provide timely reviews and approvals of interim design submissions and Construction Documents consistent with the turnaround times set forth in the General Conditions.

6.1.3 City shall give Design-Builder timely notice of any Work that City notices to be defective or not in compliance with the Contract Documents.

6.2 Furnishing of Services and Information.

6.2.1 Unless expressly stated to the contrary in the Contract Documents, and to the extent actually available to City, City shall provide, at its own cost and Design-Build Agreement
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expense, for Design-Builder’s information and use the following, all of which DesignBuilder is entitled to rely upon in performing the Work:

6.2.1.1 Surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines.

6.2.1.2 Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site.

6.2.1.3 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 the Work.

6.2.1.4 A legal description of the Site.

6.2.1.5 To the extent available, record drawings of any existing structures at the Site.

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

6.3 City’s Representative.

City’s Representative shall be responsible for providing City-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. City’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. City’s Representative shall communicate regularly with Design-Builder and shall be vested with the authority to act on behalf of City. The Director of Public Works (“Director”) or such official’s designee shall represent City in all matters concerning this Agreement. The Director has designated the City Engineer as the City’s authorized representative for the Project. The City Engineer may designate in writing, from time to time, one or more representatives authorized to act on City’s behalf with respect to the Project.

6.4 City’s Separate Contractors.

City is responsible for all work performed on the Project or at the Site by separate contractors under City’s control. City shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design-Builder in order to enable Design-Builder to timely complete the Work consistent with the Contract Documents.

6.5 City’s Right to Make Changes and Award Separate Contracts.

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Carbon Canyon BPS No. 2 Improvements A-17
City reserves the right to order changes in the Work, to perform Work or operations related to the Project with City’s own forces, and to award separate contracts in connection with the Project.

6.6 City’s Right to Stop the Work.

If Design-Builder fails to correct defective Work, or fails to carry out the Work in accordance with the Contract Documents, then City may, in its sole discretion, elect to order Design-Builder to stop the Work, or any portion, until City reasonably determines that the cause for such order has been eliminated. City’s right to stop the Work is in addition to the City’s right to terminate.

6.7 Suspension by City for Convenience.

City may, without cause, order Design-Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as City may determine.

If such suspension, delay or interruption causes Design-Builder to incur increased cost for the performance of the Work, an adjustment to the Contract Price shall be made for such costs as are directly attributable to such suspension, delay or interruption. If such suspension, delay or interruption causes a delay to the critical path of the Work, an adjustment to the Contract Time shall be made.

ARTICLE 7 - TERMINATION OR SUSPENSION OF THE CONTRACT

7.1 Termination for Default.

7.1.1 If Design-Builder refuses or fails to commence or prosecute the Work after written notice(s) is provided by the City to Design-Builder, or with such diligence as will insure its completion within the time specified in this Agreement, fails to perform the Work in strict accordance with the Contract Documents, fails to use an adequate number of skilled workers, fails to make prompt payment to Subcontractors or for material or labor, fails to install Work that is free of defects, or disregards Legal Requirements, then City may serve written notice upon Design-Builder and its Surety of City’s intention to terminate the Work, such notice to contain the reasons for such intention. Unless within 14 calendar days after the issuance of such notice, the violation ceases and arrangements satisfactory to City Engineer for correction are made, DesignBuilder shall be determined to be in default, and City may terminate this Agreement.

7.1.2 It is recognized that in the event a voluntary or involuntary petition in bankruptcy is filed by or against Design-Builder, or if Design-Builder signs or makes a general assignment for the benefit of creditors, or if an application or other procedure for appointment of a receiver for Design-Builder is favorably ruled upon by competent authority providing for such appointment of a receiver, such events could impair or frustrate Design-Builder’s performance of the Work. Accordingly, it is agreed that upon the occurrence of any such event, City shall be entitled to request of Design-Builder, or its successor in interest, adequate assurance of future performance in accordance with the Contract Documents. Design-Builder’s failure to comply with City’s request for Design-Build Agreement
Carbon Canyon BPS No. 2 Improvements A-18
adequate assurances within 10 calendar days of the request shall entitle City to terminate this Agreement for default.

7.1.3 In the event of any such termination as provided in Paragraphs

7.1.1 and 7.1.2 above, legal title to all equipment, materials, and supplies, whether or not incorporated or installed in the Work, and all construction or installations and work done shall immediately vest in and pass to City, and City may take charge of the Work and complete all the Work to be furnished and done under this Agreement in any manner considered to be for the best interest of the City. In completing this Agreement, City may take possession of and use any or all of the materials and supplies in the discretion of City, for which Design-Builder has a valid agreement with a Supplier. City may procure other materials, equipment, supplies and provide the necessary labor for the completion of the Work, or enter into a contract and charge all the cost and expenses to fully complete the contract to Design-Builder. In the event such cost and expense to fully complete the contract shall exceed the amount which would have been owed to Design-Builder under this Agreement, any such excess cost and expense shall be due and paid to City by Design-Builder and its Surety. If Design-Builder or its Surety fails to pay such amount immediately upon City’s demand, then City shall be entitled to collect interest from the date of such demand.

7.1.4 In lieu of relying on the provisions of this section for termination for fault, City may pay Design-Builder for portions of Work already completed and treat the unperformed work as if it had never been included in this Agreement. If this provision is invoked by City, Design-Builder shall have no claim for prospective profits on Work not performed.

7.1.5 Upon a determination by a court of competent jurisdiction that any default termination of Design-Builder, or its successor in interest was wrongful, such termination will be deemed to be converted to a termination for convenience pursuant to the provisions of this Subsection and Design-Builder's remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth herein.

7.1.6 The provisions of this subsection shall be nonexclusive, and shall be in addition to all other rights and remedies available to City under law or in equity.

7.2 Termination for Convenience.

7.2.1 City reserves the right to terminate Design-Builder’s performance, without regard to cause or fault or breach of Design-Builder, upon issuance of a written Notice of Termination for Convenience, effective immediately unless otherwise provided in such Notice of Termination.

7.2.2 The amount to be paid to Design-Builder by City in the event of termination for Convenience shall consist solely of:

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Carbon Canyon BPS No. 2 Improvements A-19

7.2.2.1 The cost of Work completed in accordance with the Contract Documents up to the date of issuance of the Notice of Termination; and

7.2.2.2 Design-Builder's documented, reasonable costs of demobilization for a period of up to 30 days following the effective date of the Notice of Termination, including costs of Design-Builder's personnel reasonably required to effectuate the cancellation, and such storage, transportation, and other costs incurred which are reasonably necessary for the preservation, protection or disposition of the Work.

7.2.3 In no event shall City be responsible for and Design-Builder waives any claim for overhead or anticipated profits on unperformed work or other economic loss upon termination for convenience.

7.3 Suspension by City for Convenience.

City may, without cause, order Design-Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as City may determine.

ARTICLE 8 - INDEMNITY, INSURANCE AND BONDS

8.1 Indemnity.

Design-Builder is subject to and bound by the indemnity provisions set forth in Exhibit D.

8.2 Insurance.

Design-Builder will obtain and maintain in full force and effect insurance in accordance with, and meeting the requirements set forth in, Exhibit E. Design-Builder will cause information concerning any reduction, change or cancellation of coverage to be promptly furnished to City. If Design-Builder fails to purchase and maintain any insurance required under this Section, and such failure remains unremedied for five calendar days after written notice from City, then City may purchase such insurance on behalf of Design-Builder and shall be entitled to be reimbursed by Design-Builder promptly upon demand, or by offsetting any progress payment amounts. DesignBuilder’s insurance shall cover fully Design-Builder’s financial responsibility and liability for the acts, errors, omissions, negligence, fault or omission of, Design-Builder’s Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Design-Builder. The provisions requiring DesignBuilder to carry insurance will not be construed in any manner as waiving, restricting or limiting the liability of Design-Builder as to any obligations imposed under this Agreement, whether or not same are, or may be, covered by insurance or self- Design-Build Agreement
Carbon Canyon BPS No. 2 Improvements A-20
insurance. Should any provisions of this paragraph conflict with any provision in Exhibit E, the language, terms and conditions set forth in Exhibit E shall prevail.

8.3 Bonds.

8.3.1 General. Design-Builder shall promptly furnish, at its own cost, and prior to commencing performance, the requisite Faithful Performance and Payment Bonds with a Surety authorized to issue such bonds in California on the bond forms provided by City, and subject to approval of the City Attorney. The bonds shall be executed by a Surety with a Best’s Insurance Guide rating satisfactory to the City. The effective date shall not be prior to the effective date of this Agreement. If a Best's Insurance Guide rating is not available, the proposed Surety must meet comparable standards of another rating service satisfactorily to City. Bonds issued by a surety listed in the latest version of the U.S. Department of Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by City. Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the documents enumerated in Code of Civil Procedure Section 995.660(a). Every Bond must display the Surety's bond number and incorporate this Agreement by reference. The terms of the Bonds shall provide that the Surety agrees that no change, extension of time, alteration or modification of the Contract Documents or the Work to be performed thereunder shall in anyway affect its obligations and shall waive notice of any such change, extension of time, alteration or modification of the Contract Documents.

8.3.2 Faithful Performance Bond. The Faithful Performance Bond shall be in the sum of not less than 100% of the Contract Price. The bond shall be furnished as a guaranty of the faithful performance of all covenants, terms, conditions and stipulations contained in the Contract Documents including the covenants that all materials used and workmanship employed in the performance of this Agreement shall be free from defects, and that should any defects appear within a period of one year from the date of acceptance Design-Builder shall, at its own cost and expense, repair, replace and correct such defects to the satisfaction of the City Engineer within 30 calendar days after notice thereof by City.

8.3.3 Payment Bond. Design-Builder shall furnish a Payment Bond in the sum of not less than 100% of the Contract Price. The Labor Bond shall be conditioned and provide that if Design-Builder or its Subcontractors, fails to pay for any materials, transportation, appliances, or utilities used in, upon, for or about the performance of the Work, or for amounts due under the Unemployment Insurance Act, the Surety shall pay the same in an amount not exceeding the sum set for above, and also in case suit is brought upon this bond a reasonable attorney’s fee to be fixed by the Court.

Notwithstanding the foregoing, the Payment Bond shall not be released prior to expiration of the warranty period herein and satisfactory completion of any and all warranty-related work.

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Carbon Canyon BPS No. 2 Improvements A-21
ARTICLE 9 – MISCELLANEOUS PROVISIONS

9.1 Independent Contractor.

Design-Builder is retained by City only to the extent set forth in this Agreement, and Design-Builder's relationship to City is that of an independent contractor. Design-Builder shall be free to dispose of all portions of Design-Builder's time and activities which Design-Builder is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Design-Builder sees fit except as expressly provided in this Agreement. Neither City nor any of its agents shall have control over the conduct of Design-Builder or any of Design-Builder's employees, except as set forth in this Agreement. Design-Builder shall not have the status of an employee under this Agreement, or be entitled to participate in any insurance, medical care, vacation, sick leave or other benefits provided for City's officers or employees. DesignBuilder shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of the City as an agent. Design-Builder shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Design-Builder shall pay all required taxes on amounts paid to Design-Builder under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. DesignBuilder shall fully comply with the workers’ compensation law regarding Design-Builder and Design-Builder’s employees. Design-Builder shall indemnify and hold City harmless from any failure of Design-Builder to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any fees due to Design-Builder under this Agreement any amount due to City from DesignBuilder as a result of Design-Builder’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

9.2 Avoidance of Conflicts.

Design-Builder shall employ no City official nor any regular City employee in the Work. No officer or employee of City shall have any financial interest in this Agreement in violation of applicable provisions of law. Design-Builder further warrants on behalf of itself and its officers, employees, associates and subcontractors, if any, that they will comply with all conflict of interest statutes of the State of California applicable to Design-Builder’s services under this Agreement, including the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Design-Builder shall retain the right to perform similar services for other clients, but neither Design-Builder nor any of its officers, employees, associates and subcontractors shall, without the prior written approval of City, perform work for another person or entity for whom Design-Builder is not currently performing work that would require Design-Builder or any of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Design-Builder agrees that a clause substantially similar to this section shall be incorporated into any subcontracts which Design-Builder executes in connection with the performance of this Agreement.

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Carbon Canyon BPS No. 2 Improvements A-22

9.3 Notices.

Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Design-Builder's agent (as designated in Section 1 hereinabove) or to City's Engineer as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows:

TO CITY: TO DESIGN-BUILDER:

City Clerk
City of Brea
1 Civic Center Circle
Brea, CA 92821
Dennis Gutierrez
GSE Construction Company, Inc.
7633 Southfront Road, Suite 160
Livermore, CA 94551
w/cc’s to:

Public Works Department City of Brea
1 Civic Center Circle
Brea, CA 92821

9.4 Contractor’s License Notice.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

9.5 Applicable Law and Venue.

The provisions of this Agreement shall be governed by and interpreted pursuant to the laws of the State of California, without regard for conflicts of law principles. Venue for any legal action related to this Agreement shall be any court of competent jurisdiction in the County of Orange, California.

9.6 State Audit. Pursuant to Government Code Section 8546.7, this Agreement is subject to the examination and audit by the California State Auditor, at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.

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Carbon Canyon BPS No. 2 Improvements A-23
[SIGNATURES ON FOLLOWING PAGE]

Exhibit A
3116002.4

EXHIBIT A

PROJECT DESCRIPTION
The project site is located approximately 0.3 miles east of the Chino Hills State Park entrance along Carbon Canyon Road (State Route 142) at 5301 Carbon Canyon Road, Brea, CA 92823. Refer to Appendix A for the preliminary site plan and survey of the existing pump station.

The Project has been determined to be categorically exempt from the California Environmental Quality Act (CEQA).

The selected Proposer (Design-Builder) shall be responsible for all engineering, permitting, procurement, and construction necessary to deliver a “turn-key”, fully operational and code-compliant facility.

To ensure uninterrupted water service and to comply with the City’s requirement that at least one pump must always remain in operation, the Project must be scheduled and managed to maintain continuous pump operation. The Design-Builder shall plan and sequence work activities accordingly to meet this requirement.

The construction scope of work includes, but is not limited to, the following key elements:
• Design and construction of a fire-resistant building enclosure, including fire-rated walls, roof, and access doors.
• Replacement of two existing vertical turbine water pumps and associated motors with new units of equivalent or improved capacity and efficiency. • Installation of heavy-duty equipment access hatches for rooftop equipment removal.
• Installation of a City-furnished 175-kW diesel engine-driven emergency backup generator (Generac SD175), including associated radiator discharge ducting and ventilation system.
• Installation of a 400-amp electrical distribution panel and motor control center (MCC) within the enclosure.
• Installation of a 400-amp utility meter cabinet and associated disconnect switch. • Installation of a complete HVAC system and integrated building systems infrastructure, including Supervisory Control and Data Acquisition (SCADA), Building Management System (BMS), and industrial-grade telecommunications to support equipment cooling, operational monitoring, remote control, and personnel comfort.
• Removal and reconfiguration of the existing perimeter fence to accommodate the new facility layout.

Exhibit A
3116002.4
In addition to the construction scope of work, the Design-Builder shall:
• Coordinate with Southern California Edison (SCE) for utility service planning, design approvals, and connection scheduling to support the project schedule. • Be responsible for obtaining a City building permit covering all elements of the project scope, including but not limited to structural, electrical, and mechanical systems.
• Secure the necessary air quality permits from the South Coast Air Quality Management District (SCAQMD) for the installation and operation of the 175-kW emergency backup generator. This includes obtaining an Authority to Construct and Permit to Operate in accordance with SCAQMD Rules 201, 203, and 1470.

Proof of SCAQMD approval shall be submitted to the City prior to commissioning or operating the generator.
• Assist in facilitating the Caltrans encroachment permit process, including preparation and submittal of all required documentation, and coordination with Caltrans representatives to ensure compliance with State Route 142 right-of-way requirements and applicable design standards.
• Provide instructional training to City personnel addressing the operations and maintenance of the installed equipment.
• Perform project closeout activities such as submission of as-built drawings, manuals, warranties, and any required final documentation.

All work shall be phased to maintain continuous operation of essential water services during construction.

Exhibit B
3116002.4

EXHIBIT B

PERFORMANCE BOND
[ATTACHED BEHIND THIS PAGE]

Exhibit C
3116002.4

EXHIBIT C

PAYMENT BOND
[ATTACHED BEHIND THIS PAGE]

Exhibit D
3116002.4

EXHIBIT D

INDEMNITY
[ATTACHED BEHIND THIS PAGE]
Exhibit D
3116002.4

INDEMNIFICATION

1. Indemnification for Services Other than Design Professional Services.

Other than for design-professional services, and to the fullest extent permitted by law, Design-Builder undertakes and assumes liability for, and shall defend (at City’s option), indemnify, and hold harmless City and City’s officials, officers, employees, contractors serving as City officials, agents and representatives, including City’s owners’ representative (by whatever name called) (collectively, the “Indemnitees” or singularly, “Indemnitee”), from and against any and all claims, losses, damages, defense costs and/or liability (including strict liability), expenses, fines, liens, stop notices, penalties, assessments or judgments of any kind or nature (“Claims”), arising out of or in connection with Design-Builder’s, Design-Builder’s Subcontractor’s (of any tier), and/or agent’s acts, errors, omissions, work or products and equipment installed, relative to this Agreement, except only for those Claims which arise out of the sole negligence or willful misconduct of any of the Indemnitees. Without limitation Design-Builder’s defense, indemnity and hold harmless obligations under this provision apply to Claims arising out of or in connection with Design-Builder’s, Design-Builder’s Subcontractor’s (of any tier), and/or agent’s acts, errors, omissions, products and equipment installed, or work, for:
(a) Damage to third party property and damage to City property not a part of the Project.
(b) The release of any Hazardous Substances (except for Pre-Existing Hazardous Substances not discovered or made known to Design-Builder prior to such Release) on or from the Facility Site or any areas adjacent. (c) The violation of any applicable legal requirements or applicable permits.
(d) Any claim or allegation that any equipment, materials or information provided constitutes an infringement of any patent, trade secret, trademark, copyright or other proprietary rights of any third party.
(e) Design-Builder’s breach of this Agreement or any subcontracts. (f) The performance of the Work or the failure to perform the Work by, or on behalf of, Design-Builder or any of its subcontractors. (g) Goods and services provided by or on behalf of Design-Builder or Design-Builder’s vendors.

2. Indemnification for Design Professional Services. To the fullest extent permitted by law, Design-Builder shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and Exhibit D
3116002.4
other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Design-Builder, and/or its officers, agents, consultants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom Design-Builder shall bear legal liability ) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under Civil Code Section 2782.8(c)(2), and to the extent limited by such statute.

3. Notice and Legal Defense. Promptly after receipt by an Indemnitee of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation in connection with an actual or potential Claim from any party as to which any indemnity provided for this Exhibit may apply, the Indemnitee will notify City and Design-Builder in writing of such fact. Any delay in an Indemnitee’s notifying Design-Builder of any such claim or notice will not excuse Design-Builder of its obligations. Upon Design-Builder’s receipt of such notice, Design-Builder shall assume, on behalf of the Indemnitee, and conduct with due diligence and in good faith, the defense thereof with counsel reasonably satisfactory to the Indemnitee; provided that the Indemnitee shall have the right at its own expense to be represented therein by advisory counsel of its own selection; and provided further that if the defendants in any such action include both Design-Builder and the Indemnitee, and if the Indemnitee shall have reasonably concluded that there may be legal defenses available to it which are different from, additional to, or inconsistent with those available to Design-Builder, then the Indemnitee shall have the right to select separate counsel to participate in the defense of such action on its own behalf and at Design-Builder’s expense.

4. Failure to Defend Action. If any Claim arises as to which any indemnity provided for in this Exhibit may apply, and Design-Builder fails to assume the defense of such Claim promptly after the receipt by Design-Builder of notification, then the Indemnitee against which the claim is instituted or commenced may, at Design-Builder’s expense, contest, or (with the prior written consent of Design-Builder, not to be unreasonably withheld) settle, such Claim; provided that no such contest need be made and settlement or full payment of any such Claim may be made without Design-Builder’s consent (with Design-Builder remaining obligated to indemnify the Indemnitee under this Exhibit) if, in the written opinion of the Indemnitee’s legal counsel, such Claim is meritorious. All costs and expenses incurred by Indemnitee or City in connection with any such contest, settlement or payment may be deducted from any amounts due to Design-Builder under this Agreement, with all such costs in excess of the amount deducted to be reimbursed by Design-Builder to City or the Indemnitee promptly following, but not later than 30 days following, City’s or other Indemnitee’s demand therefor. In the event and to the extent that City makes a deduction as described in the preceding sentence, then City shall be responsible for making appropriate payments to any Indemnitees, and shall indemnify Design-Builder for any claims by the Indemnitees arising out of City’s failure to make such payments.

Exhibit D
3116002.4

5. Survival. The provisions of this Exhibit shall survive termination or expiration of the Agreement.

6. Insurance Not Limiting. The obligations set forth in this indemnification provision shall be in effect without regard to whether or not City, Design-Builder, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims.

Exhibit E
3116002.4

EXHIBIT E

INSURANCE
[ATTACHED BEHIND THIS PAGE]
Exhibit E
3116002.4

INSURANCE REQUIREMENTS

1. Insurance Requirements. Design-Builder shall obtain and maintain for the term of the Project or, with City’s prior written consent, cause to be obtained and maintained, the following insurance coverages:

1.1 Commercial Automobile Liability Insurance. Design-Builder shall provide Commercial Automobile Liability Insurance which shall include coverage for liability arising out of the use of owned, non-owned and hired vehicles for performance of the work, as required to be licensed under the State of California. The Commercial Automobile Liability Insurance shall not have limits less than $3,000,000, combined single limit per occurrence, shall be written on an occurrence form, and shall apply to all activities and operations of Design-Builder and those acting on Design-Builder’s behalf.

The Commercial Automobile Liability policy shall name the City of Brea and the Indemnitees, while acting within the scope of their employment, as additional insureds, and shall insure against liability for death, bodily injury, and/or property damage resulting from the performance of Design-Builder, or anyone acting on behalf of DesignBuilder, under this Agreement

1.2 Commercial General Liability Insurance. Design-Builder shall provide Commercial General Liability Insurance, including, but not limited to, coverage for Contractual Liability, Broad Form Property Damage, Explosion/CollapseUnderground, Premises and Operations, Independent Contractors, Products and Completed Operations, and Personal Injury. Such insurance shall be written on an occurrence form and provide coverage for total limits actually arranged and carried by Design-Builder, but not less than $3,000,000 per occurrence, and an aggregate limit of not less than $10,000,000, applying separately to this Project. Coverage for Products and Completed Operations shall not have a sub-limit or a reduction in the coverage or reporting periods. Umbrella or Excess Liability coverage, on a follow-form basis, may be used to supplement primary coverages to meet the required limits.

Evidence of such coverage shall be properly completed and executed, to the reasonable approval of City, Certificates of Insurance and shall provide for the following, either by separate endorsements in favor of the City of Brea or by blanket policy/endorsement language having the same effect as separate endorsements:

1.2.1 Include the City of Brea, its officers, officials, employees, agents and representatives, including City’s owners’ representative (by whatever name called), as Additional Insureds with the Named Insured for the activities and operations under the Agreement. Additional insured endorsement form ___________________, or such other form agreed upon in writing by the City shall be used.

1.2.2 A Severability-of-Interest, or Cross-Liability Clause, or Separation of Insured Clause such as: “The policy to which this endorsement is Exhibit E
3116002.4
attached shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the company’s liability.”

1.3 Excess Liability. Design-Builder may use Umbrella or Excess Liability coverage to meet the coverage limits specified in this Exhibit E. Design-Builder shall require the carrier(s) for Umbrella or Excess Liability to properly schedule and to identify the underlying policies including, as appropriate: Commercial General Liability, Commercial Automobile Liability, Professional Liability, Employer’s Liability, Pollution Liability, or other applicable insurance coverages.

1.4 Workers’ Compensation Insurance. Design-Builder shall provide Workers’ Compensation Insurance covering all of Design-Builder’s employees in accordance with the laws of the State of California and including Employer’s Liability Insurance. The limit for Employer’s Liability coverage shall be not less than $1,000,000 each accident and shall be a separate policy if not included with Workers’ Compensation coverage. Such insurance shall include a Waiver of Subrogation in favor of the City of Brea. Workers’ Compensation coverage may be self-insured by DesignBuilders, provided that the City of Brea is furnished with a copy of a currently-dated and manually-signed Certifications of Self-Insurance issued by the State of California authorizing Design-Builder to self-insure. Design-Builder shall notify the City of Brea by ‘return receipt delivery’ as soon as possible of the State withdrawing authority to selfinsure.

1.5 Professional Liability Insurance. Design-Builder shall provide Professional Liability Insurance covering Design-Builder’s liability arising from Professional negligent acts and omissions made directly or indirectly during the execution of the Agreement and shall provide coverage for the total limits actually arranged by Design-Builder, but not less than $2,000,000 combined single limit and in the annual aggregate of $5,000,000. Such policy/coverage shall be maintained for not less than five (5) years after the date of final acceptance and completion of the Work performed under this Agreement.

1.6 Design-Builder’s Equipment Floater. Design-Builder will obtain and maintain an All-Risk Property Insurance Policy in the form of a Design-Builder’s Equipment Floater or Tool Floater, for the full replacement cost of any loss to DesignBuilder’s or Sub-Design-Builder’s equipment or tools, whether owned, leased or rented.

Design-Builder shall bear all deductibles and co-insurance penalties, if any.

1.7 Builders Risk Insurance – Including Transportation Floater, On and Off-Site Storage, Testing and Start-up Coverage (as applicable) – plus Risk of Loss.

Prior to beginning purchasing any materials or equipment or any construction or demolition work on the Project Site, Design-Builder will obtain and maintain All-Risk Builder’s Risk (Course of Construction) Insurance coverage in an amount not less than the full replacement cost of the Project. Such insurance shall be written on an all-risk form and shall cover, at a minimum: all equipment typically covered under the Commercial Builder and Machinery Insurance policy (with no exclusion for start-up, commissioning, or testing risks); the Project during construction; the completed Project’s Exhibit E
3116002.4
Final Completion; storage (on-site and off-site), transportation risks for transportation by an means or method; and Earthquake and Flood coverage. Such insurance shall protect/insure and name as a ‘Named Insured’ the interests of the City of Brea, City’s owners’ representative (by whatever name called), and Design-Builder, as well as all Sub-Contractors and Vendors of any tier, and any architects, engineers, geotechnical consultants, or other design professionals hired by City and/or Design-Builder to perform work on the Project. If such insurance includes an exclusion for 'design error.’ such exclusion shall only be for the object or portion which failed, and shall not apply to insuring losses that would otherwise be covered by the policy. Such insurance shall include, by endorsement (or as otherwise provided for in the policy), an insurer’s waiver of subrogation in favor of the City of Brea and Design-Builder, as well as all Subcontractors of any tier, and any architects, engineers, geotechnical consultants or other design professionals hired by City and/or Design-Builder to perform work on the Project, as well as any construction managers or owner’s representatives or engineers.

Insurance provided under this subparagraph may be subject to specific deductibles (at a maximum) and sublimits (at a minimum) as follows: (i) $35,000,000 submit – flood; (ii) $25,000,000 sublimit - earthquake (aka subsidence); (iii) $25,000,000 sublimit – transportation; (iv) $7,000,000 sublimit - off-site storage; (v) $50,000 deductible all perils, except as otherwise stated herein; (vi) 15% earthquake deductible with $250,000 minimum; (vii) $100,000 deductible – flood; (viii) 30-day deductible for soft cost delay, all perils, except as otherwise stated herein; (ix) 60-day deductible for soft cost delay – earthquake and flood; and (x) $100,000 deductible – water damage. Design-Builder shall bear all deductibles and co-insurance penalties, if any. Further, the Policy shall include a Joint Loss Agreement and a Loss Adjustment Agreement. The Policy shall include coverage for inland marine transportation to the Facility Site for all materials and equipment to be incorporated into the Facility. Further, the policy shall contain a provision that, in the event of payment for loss under the coverage provided, the insurance company shall have no rights or recovery against the City of Brea and Design-Builder, as each of their interests may appear. Coverage shall be applicable regardless of responsibility for Risk of Loss, whether it is with Design-Builder or a Subcontractor of any tier. Design-Builder shall submit to City, for its review and approval as to compliance with the above-noted terms and requirements, documentation reasonably satisfactory to City which demonstrates that the terms and requirements of this Subsection 1.7 have been compiled with. All insurers carrying risk on the Builders’ Risk policy shall be Admitted Carriers in the State of California (or shall be authorized as a Surplus Lines Insurer, in which case such Surplus Lines coverage shall be produced by a Licensed surplus Lines Agent), and shall have at least a minimum A.M. Best Rating of “A VII,” or equivalent. Such coverage shall be in effect at all times until Substantial Completion of the Project; provided that Design-Builder shall maintain such coverage until City places permanent property insurance coverage on the Project, which shall be diligently pursued.

1.8 Pollution Liability Insurance. Design-Builder shall provide Pollution Liability Insurance, with Additional Insured status and a Waiver of Subrogation in favor of the City of Brea included, covering Design-Builder’s liability arising from Pollution or Environmental Damage or Liability caused during the execution of the Agreement and shall provide coverage for the total limits actually arranged by Design-Builder, but not Exhibit E
3116002.4
less than $2,000,000 combined single limit and in the $5,000,000 annual aggregate.

Such policy/coverage shall be maintained for not less than one (1) after the date of final acceptance and completion of the work performed under the Agreement. DesignBuilder may elect to carry such coverage as a sublimit on its Commercial General Liability Insurance.

2. Change in Requirements. City’s Risk Manager is authorized to reduce or increase the requirements set forth herein in the event he determines that such reduction is in City’s best interest. Additional Requirements. Except to the extent that such condition, requirement or provision, below, is otherwise specifically provided for elsewhere in this Exhibit, with respect to the requirements set forth in Section 1 above, the following conditions shall apply:
(a) Prior to the start of Work, but not later than thirty (30) days after the date of award of contract, Design-Builder shall furnish City with evidence of coverage from insurers acceptable to City and in a form acceptable to City. Such evidence shall include certificate(s) with original endorsements reflecting and effecting all required insurance. With respect thereto:
i. The required evidence of insurance shall contain a provision that the policy/policies cannot be canceled, or reduced in coverage or amount, provided, however, that claims filed that deplete the aggregate limits of a policy of insurance shall not be considered to constitute a reduction in coverage or the amount of coverage, without first giving thirty (30) calendar day’s written notice thereof (ten [10] days for non-payment of premium) by registered mail to City, except that automobile liability, professional liability, pollution liability and workers’ compensation / employers’ liability notices will be sent via first class U.S. Mail. Should an insurer or insurers be unwilling or unable to agree to this provision, then Design-Builder shall provide written notice (either by registered mail or by email, read notice/receipt confirmation) to City of such developments within three (3) business days of the date that Design-Builder has knowledge of such developments.
ii. Excepting the professional liability policy, the required evidence of insurance shall further contain a provision that the policy/policies provide for a Waiver of Subrogation in favor of the Additionally Insured Parties and also on the Workers’ Compensation/Employer’s Liability policy. DesignBuilder shall, on its own behalf and on behalf of its insurers, waive any and every claim for recovery from the Additionally Insured Parties for any and all loss or damage resulting from or arising out of the performance of the Agreement by Design-Builder, which loss or damage is covered by insurance policies (or deductibles or self-insurance in lieu thereof). Design-Builder agrees (a) to give to such insurance company which has issued, or may issue in the future, policies of insurance, written notice of the terms of this waiver of subrogation, and (b) to have such insurance policies properly endorsed, as applicable, and provide proof to City thereof.

Exhibit E
3116002.4
(b) The insurance coverages required in this Exhibit shall not limit or qualify the liability and obligations of Design-Builder assumed under the Agreement.

Defense costs shall be payable in addition to limits on all policies. In addition, the City of Brea shall not, by reason of its inclusion under Design-Builder’s policies, incur liability to the insurance carrier for payment of premium for these policies. (c) Any insurance maintained by Design-Builder and Subcontractors pursuant to the Agreement shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Brea, and such insurance is primary to City’s for all purposes, despite any conflicting provision in Design-Builder’s or Subcontractors’ policies to the contrary.
(d) All required insurance coverage shall be written on occurrence forms (except for microbial matter) unless Design-Builder secures the City of Brea’s prior written permission allowing a specific coverage to be written on a claims-made form. Should any portion of the required insurance be on a ‘Claims Made’ policy, Design-Builder shall, at the policy expiration date following completion of work, provide evidence that a five (5) year extended reporting/discovery period has been purchased on the expiring policy at least for the contract under which the Work was performed; provided that, the retroactive date shall not be changed to any date that is more current than that which was on the expiring policy.
(e) In the event that a claim or other legal action is filed against the City of Brea, and if the City of Brea, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then the City of Brea has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that Design-Builder shall fully defend, hold harmless and indemnify the City of Brea against any such claim or other legal action. As a condition of such demand and receipt, Design-Builder may require the City of Brea to provide to Contactor a confidentiality statement, drafted by the City of Brea and consistent with the City of Brea’s customary confidentiality language. Such confidentiality statement shall include, at a minimum, language to the effect that the City of Brea shall not disclose such insurance policy unless required to do so by applicable law, rule or regulation, or a court or other governmental authority of competent jurisdiction; provided, however, that the City of Brea shall provide Design-Builder prior written notice of any such request for disclosure and exercise its best efforts to afford Design-Builder an opportunity to contest the disclosure and/or limit the extent of the disclosure to the maximum extent practicable.
(f) All insurers carrying risk for the Work shall be Admitted Carriers in the State of California and shall have a minimum A.M. Best Rating of at least “A: VII,” or equivalent. Such policies shall comply with all terms conditions and requirements set forth herein.
(g) Nothing herein contained in this Exhibit shall be construed as limiting in any way the extent to which Design-Builder may be held responsible for Exhibit E
3116002.4
payments of damages to persons or property resulting from Design-Builder’s (or Subcontractors’) work under the Agreement.
(h) Failure to maintain and provide acceptable evidence of the required insurance for the required period of coverage shall constitute a breach of contract, upon which the City of Brea may immediately terminate or suspend the Agreement.

Alternatively, in order to keep the Work progressing, the City of Brea may, at City’s sole discretion, purchase the coverages which Design-Builder has failed to purchase and deduct the premium for such coverage(s) from payments due Design-Builder.

Understanding that Design-Builder is liable to the City of Brea for the acts, errors and omissions of all Subcontractors, of any tier, it is up to Design-Builder to determine the proper insurance coverages, limits, terms and conditions to be carried by all Subcontractors, of any tier. However, should Design-Builder elect to be named as an additional insured on any Subcontractor’s required policies or insurance, Design-Builder shall ensure that the City of Brea is so named as well.

Exhibit F
3116002.4

EXHIBIT F

GENERAL CONDITIONS
[ATTACHED BEHIND THIS PAGE]
General Conditions
for the
City of Brea Public Works Department
Carbon Canyon Booster Pump Station No. 2
Improvements Project
General Conditions GC-2
Carbon Canyon BPS No. 2 Improvements
Contents

1. GENERAL PROVISIONS.......................................................................................................................6

1.1 DEFINITIONS ...................................................................................................................................6

1.2 CORRELATIONAND INTENT OF CONTRACT DOCUMENTS ..........................................................10

1.3 OWNERSHIP AND USE OF DOCUMENTS .....................................................................................11

2. OWNER ..............................................................................................................................................12

2.1 SUPERVISIONAND INSPECTION BY CITY........................................................................................12

3. DESIGN‐BUILDER.............................................................................................................................14

3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS..................................................14

3.2 LABOR AND MATERIALS ..............................................................................................................14

3.3 SUBSTITUTIONS ...........................................................................................................................16

3.4 WARRANTY ...................................................................................................................................16

3.5 TAXES............................................................................................................................................17

3.6 APPLICABLE LAW .........................................................................................................................17

3.7 PERMITS, LICENSES AND INSPECTIONS .......................................................................................17

3.8 SCHEDULE.....................................................................................................................................18

3.9 RECORD DOCUMENTS AND AS‐BUILTS........................................................................................18

3.10 INTELLECTUAL PROPERTY AND PATENT RIGHTS .........................................................................19

3.11 SUBMITTALS AND SHOP DRAWINGS...........................................................................................20

3.12 TEST SAMPLES .............................................................................................................................21

3.13 MATERIAL SAMPLES ....................................................................................................................22

3.14 NON‐CONFORMING MATERIAL...................................................................................................22

3.15 USE OF SITE AND OTHER AREAS..................................................................................................23

3.16 INDEMNITY...................................................................................................................................23

4. ADMINISTRATIONOF THE CONTRACT.............................................................................................24

4.1 ROLE OF CITY’S ENGINEER...........................................................................................................24

4.2 DESIGN CONCEPT MEETINGS ......................................................................................................24

4.3 COORDINATION MEETINGS .........................................................................................................24

4.4 CLAIMS AND DISPUTE RESOLUTION............................................................................................24

5. SUBCONTRACTORS, SUPPLIERS AND CONSULTANTS ......................................................................28 General Conditions GC-3
Carbon Canyon BPS No. 2 Improvements

5.1 SUBCONTRACTINGACT ...............................................................................................................28

5.2 OBJECTION....................................................................................................................................29

5.3 RESPONSIBILITY ...........................................................................................................................29

5.4 COORDINATION...........................................................................................................................29

5.5 SUBCONTRACTS...........................................................................................................................29

5.6 ASSIGNMENT ................................................................................................................................30

6. PAYMENTS TO SUBCONTRACTORS AND STOP NOTICE CLAIMS ......................................................30

6.1 PROMPT PAYMENT .....................................................................................................................30

6.2 STOP NOTICE CLAIMS..................................................................................................................30

7. CHANGES IN THE WORK ..................................................................................................................30

7.1 CHANGES ......................................................................................................................................30

7.2 AUTHORITY TO ORDER CHANGES ...............................................................................................31

7.3 OWNER INITIATED CHANGE NOTICE ...........................................................................................31

7.4 DESIGN‐BUILDER INITIATED CHANGE ORDER REQUEST .............................................................32

7.5 CHANGE ORDER...........................................................................................................................32

7.6 DESIGN‐BUILDER’S OVERHEAD AND PROFIT...............................................................................34

7.7 EXCLUDED COSTS.........................................................................................................................34

7.8 ALLOWABLE COST BASIS..............................................................................................................35

7.9 AUDIT RIGHTS..............................................................................................................................35

7.10 DEDUCTION FROM WORK...........................................................................................................36

7.11 DESIGN‐BUILDER AND SURETIES BOUND....................................................................................36

7.12 TIME AND MATERIAL CHANGE ORDER (TMCO) ..........................................................................36

7.13 FORCE ACCOUNT WORK .............................................................................................................37

8. TIME..................................................................................................................................................38

8.1 EXTRAORDINARY MEASURES........................................................................................................38

8.2 TIME EXTENSIONS .......................................................................................................................38

9. PAYMENTSAND COMPLETION........................................................................................................40

9.1 PAYMENTS TO DESIGN‐BUILDER.................................................................................................40

9.2 APPLICATION FOR PAYMENT ......................................................................................................40

9.3 PAYMENT......................................................................................................................................41

9.4 SUBSTANTIAL COMPLETION........................................................................................................42

9.5 FINAL COMPLETION AND FINAL PAYMENT.................................................................................42 General Conditions GC-4
Carbon Canyon BPS No. 2 Improvements

9.6 CITY TO WITHHOLD PAYMENT....................................................................................................43

9.7 DISPUTED ITEMS .........................................................................................................................44

9.8 WAIVER OF CLAIMS.....................................................................................................................44

10. PROTECTION OF PERSONS AND PROPERTY.....................................................................................44

10.1 SAFETY PRACTICES ......................................................................................................................44

11. INSURANCEAND BONDS .................................................................................................................46

11.1 INSURANCE REQUIREMENTS.......................................................................................................46

11.2 BONDS ..........................................................................................................................................46

11.3 RESPONSIBILITY FOR LOSS TO WORK..........................................................................................47

12. QUALITY AND CORRECTION OF WORK............................................................................................48

12.1 QUALITY OF WORK AND MATERIAL ............................................................................................48

12.2 QUALITY ASSURANCE / QUALITY CONTROL PLAN.......................................................................48

12.3 UNCOVERINGOF WORK..............................................................................................................50

12.4 CORRECTION OF WORK...............................................................................................................50

13. DESIGNSUBMISSIONS......................................................................................................................51

13.1 APPLICABILITY ..............................................................................................................................51

13.2 DESIGN REVIEWS.........................................................................................................................51

13.3 PURPOSE.......................................................................................................................................52

13.4 RESOLUTIONOF COMMENTS......................................................................................................52

13.5 SCHEMATICDOCUMENTS (NOT USED).......................................................................................52

13.6 DESIGN DEVELOPMENT DOCUMENTS ........................................................................................52

13.7 CONSTRUCTION DOCUMENTS ....................................................................................................53

13.8 BUILDING PERMIT DOCUMENTS .................................................................................................54

13.9 PROCEDURES................................................................................................................................54

14. PROJECT CLOSEOUT ........................................................................................................................54

14.1 PREPARATIONFOR FINAL INSPECTION AND TESTS.....................................................................54

14.2 RECORD DRAWINGS....................................................................................................................54

14.3 START-UP.....................................................................................................................................54

14.4 INSTRUCTION/TRAINING.............................................................................................................54

14.5 STOCK............................................................................................................................................55

14.6 OPERATION AND MAINTENANCE................................................................................................55

14.7 TOOLS............................................................................................................................................55 General Conditions GC-5
Carbon Canyon BPS No. 2 Improvements

14.8 AS‐BUILT DRAWINGS...................................................................................................................55

14.9 MANUALS......................................................................................................................................55

14.10 SURVEY OF PROPERTY AND OUTSIDE UTILITY LINES...................................................................56

14.11 SURVEY DRAWINGS.....................................................................................................................56

14.12 SITE MARKINGS ...........................................................................................................................57

15. MISCELLANEOUSPROVISIONS ........................................................................................................57

15.1 GOVERNING LAW AND SERVICE OF PROCESS .............................................................................57

15.2 SUCCESSORS AND ASSIGNS.........................................................................................................57

15.3 NO PERSONAL LIABILITY..............................................................................................................57

15.4 INTERFERENCE ............................................................................................................................57

15.5 CLEAN PREMISES.........................................................................................................................58

15.6 SANITARY FACILITIES ...................................................................................................................58

15.7 PARTNERING.................................................................................................................................58

15.8 ADVERTISING................................................................................................................................59

16. TERMINATIONOR SUSPENSIONOF THE CONTRACT .......................................................................59

16.1 TERMINATIONFOR DEFAULT ......................................................................................................59

16.2 TERMINATIONFOR CONVENIENCE .............................................................................................60

16.3 SUSPENSIONBY CITY FOR CONVENIENCE...................................................................................60

17. LABOR CODE REQUIREMENTS AND PREVAILING WAGE RATES ......................................................61

18. RECORD KEEPING (POST DESIGN)...................................................................................................63

19. MANDATORY TERMS.......................................................................................................................63 General Conditions GC-6
Carbon Canyon BPS No. 2 Improvements

1. GENERAL PROVISIONS

1.1 DEFINITIONS
Whenever the words defined in this Section, or pronouns used in their stead, occur in any of the Contract Documents, they shall have the meaning herein given unless the context clearly indicates to the contrary.

Affidavit of Final Completion. A sworn affidavit from Design‐Builder and all Design Team Members identified in the Agreement submitted to City in a form approved by the City that the Work has been completed in strict accordance with the Contract Documents, no lawful debts for labor or materials are outstanding, all requests for payment of undisputed funds are accurate, complete and final and no additional compensation above the final payment is due under the Contract, there is no existing default by Design‐Builder or pending claim by a third party, and, upon receipt of final payment, Design‐Builder and its subcontractors acknowledge that City will be released from any claims or liability for additional sums on account of undisputed Work.

Agreement or Contract. When capitalized, means document signed by City and Design‐Builder for performance of the Work, as amended from time to time, which sets forth the rights and obligations of the Parties, including all exhibits and attachments.

Applicable Laws. All laws, statutes, codes, ordinances, and regulations of governmental authorities having jurisdiction over the Project, including, but not limited to, Applicable Law relating to disabled access.

As‐Built Drawings. A set of drawings updated and marked to show deviations made during construction, details in the Work not previously shown, changes to existing conditions found to differ from those shown on existing drawings, and the actual installed position of equipment and fixtures.

Certificate of Final Acceptance. The formal written acknowledgement issued by City to Design‐ Builder that the Work has been fully completed.

Certificate of Substantial Completion. The formal written acknowledgement issued by City to Design‐Builder that the Project has attained Substantial Completion.

Change. Substitutions, alterations, additions or deletions in the Work.

Change Order. A written order implementing changes in the Work for which adjustments to the Contract Price and Contract Time as those terms are defined in the Agreement, if any, have been agreed upon prior to the issuance of the change order.

Change Order Request. A document submitted at the Design‐Builder’s own initiative to the City requesting that a Change Order be issued.

Change Notice. A document issued by City to Design‐Builder detailing a proposed change in the General Conditions GC-7
Carbon Canyon BPS No. 2 Improvements
Work, stating a proposed basis for adjustment, if any, in the Contract Price and Contract Time.

Change Proposal. A proposal for a Change Order submitted by the Design‐Builder to the City, describing revisions to the Work and the basis for adjustment of the Contract Price and Contract Time, either in response to City’s Change Notice or at the Design‐Builder’s own initiative in connection with a Change Order Request.

City. The City of Brea,sometimesreferred to herein as Owner or Agency.

City Engineer. The Person designated as the City’s representative for the Project in the Agreement.

City Manager. The Person holding the position of City Manager for the City of Brea.

Claim. A demand by Design‐Builder for a time extension which is disputed by the City or payment of money or damages for work performed in connection with this Agreement that is disputed by the City.

Construction Documents. All technical drawings, shop drawings, working drawings, schedules, diagrams, specifications and samples, setting forth in detail the requirements necessary for Construction of the Project in accordance with the Contract Documents, approved by the City and incorporated into this Agreement after such approval. All amendments to the Construction Documents must be approved by City prior to incorporation into the Agreement and prior to the construction of the Work affected by the change.

Contract. Depending on the context, "Contract" shall mean the Agreement, or the Contract Documents, which establish the respective rights and obligations of the Parties.

Contract Documents. The documents described in Article 1 of the Agreement.

Contract Price. The Contract Price indicated in the Agreement.

Council. The Council of the City of Brea.

Day. As used throughout the Agreement the terms "Day" or "Days" mean calendar days unless otherwise specifically designated.

Department. The Brea Public Works Department.

Design and Performance Criteria. Those minimum performance and quality standards contained in the Preliminary Design Documents provided to the Design‐Builder by the City.

Design‐Builder. The Person entering into a Contract with the City for the Work, its agents and representatives.

Design‐Builder’s Representative. The person designated as the Design‐Builder’s representative for the Project.

General Conditions GC-8
Carbon Canyon BPS No. 2 Improvements
Design Documents. All drawings (including plans, elevations, sections, details and diagrams), specifications, reports, calculations, records and submittals necessary for the design of the Project in accordance with the Contract Documents, following approval thereof by City and others as required by the Contract Documents.

Design‐Build Team Members. The l i c e n s e d Design Subcontractors and licensed Trade Subcontractors identified in the Mandatory Subcontractor List and Design‐Builder’s Declaration.

Final Completion. The stage of performance when all Work has been completed in accordance with the Contract Documents including, without limitation, all correction or completion items noted in the Certificate of Substantial Completion. The determination of the date of Final Completion shall be made reasonably and in good faith by the City and shall be fixed in a Notice of Completion.

Force Majeure. Failure of performance due to an uncontrollable force. The term “uncontrollable force” shall mean any cause beyond the control of the party unable to perform, including but not limited to, failure of or threat of failure of facilities, flood, earthquake, storm, drought, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non‐action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, which by the exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome.

Governmental Approval. Any approval, authorization, certification, consent, exemption, filing, permit, registration, or ruling required to design and construct the Project, excluding only those approvals identified as the responsibility of the City in the Contract Documents.

Lead Design‐Build Team Member. The entity with overall management responsibility for the Project.

Modification. A modification is (1) a written amendment to the Contract signed by both Parties; (2) a Change Order signed by both Parties; (3) a Unilateral Time and Material Change Order issued by the City.

Notice to Proceed. The written notice given by City to Design‐Builder which authorizes the Design‐Builder to commence performance of the design-build services.

Parties. The Partiesto the Agreement, City and Design‐Builder.

Person. Any individual, corporation, company, joint venture, association, partnership, trust or unincorporated organization.

Preliminary Design Documents. Preliminary Design Documents include the documents so defined in Article 1 of the Agreement.

General Conditions GC-9
Carbon Canyon BPS No. 2 Improvements
Project Schedule. The schedule for performance of the Work attached to the Agreement pursuant to which Design‐Builder has agreed to complete the Work. The Project Schedule shall be adjusted pursuant to the provisions of the Contract Documents.

Record Documents. The documents described in Paragraph 3.9 herein.

Recovery Schedule. A plan submitted by Design‐Builder in the event the Work is lagging behind the Critical Path, demonstrating Design‐Builder’s proposed plan to regain lost schedule progress and to achieve Substantial Completion in accordance with the requirements of the Contract Documents.

Request for Information. A document issued by the Design‐Builder requesting information or clarification of the Contract Documents.

Services. When capitalized, means the sum total of productive and operative efforts used to generate the results as specified, indicated or implied in the Contract Documents, including all technical and professional services and Construction Documents. The term Services when used throughout the Contract Documents is interchangeable with the term "Work." Shop Drawings. Shop drawings shall mean drawings, diagrams, performance curves, data sheets, schedules, templates, patterns, reports, calculations, instructions, measurements, and similar information, for the Work furnished by or on behalf of Design‐Builder to illustrate a portion of the Work.

Specifications. The Technical Specifications included in the Preliminary Design Documents.

Subcontractor. Any Person who enters into a subcontract with Design‐Builder to perform any part of the Work. Unless otherwise specified, Subcontractor excludes suppliers, manufacturers and distributors.

Substantial Completion. The stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended purpose provided, however, that Substantial Completion shall not occur until the requirements of paragraph 9.4 herein have been satisfied.

Supplier. Any person, other than employees of Design‐Builder, who supplies machinery, equipment, materials or systems to Design‐Builder or any Subcontractor in connection with performance of the Work.

Time and Material Change Order. A Time and Materials Change Order, unilaterally issued by the City, shall instruct Design‐Builder to perform Work, indicating expressly the intention to treat the items as changes in the Work, and setting forth the kind, character and limits of the Work as far as they can be ascertained, the terms under which changes to the Contract Price and Contract Time, if any, will be determined and the not to exceed estimated cost of the change. Upon final determination of the allowable costs, the Change Order shall be finalized to set forth the final adjustment to the Contract Price.

General Conditions GC-10
Carbon Canyon BPS No. 2 Improvements
Turnkey Contract Basis. The Design‐Builder agrees to provide a completely finished facility ready for occupancy and use in accordance with the requirements of the design Documents, not to exceed the Contract Price, within the Contract Time, and the Design‐Builder assumes all risks relating to cost overruns, defects and delays arising from the design and/or the method of construction.

Work. All of the administrative, design, engineering, professional, manufacturing, supply, installation, construction, supervision, management, testing, verification, labor, materials, equipment, maintenance, documentation and other duties and services to be furnished and provided by Design‐Builder as required by the Contract Documents, including all efforts necessary and appropriate to achieve Final Completion of the Project, except for those efforts which the Contract Documents specify will be performed by City or other Persons.

Work Directive. A written order signed by the City in the event of any dispute regarding the scope of the Work. The Work Directive will describe the Work in question and will state the basis for determining compensation, if any, pending resolution of the dispute.

1.2 CORRELATION AND INTENT OF CONTRACT DOCUMENTS

1.2.1 Complimentary Documents. It is the intent of the City and Design‐Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all.

1.2.2 Severability. In the event any provision of the Contract Documents shall be deemed illegal, invalid, unenforceable and/or void by a court of competent jurisdiction or any other governmental agency of competent jurisdiction, such provision shall be deemed to be severed and deleted from the Contract Documents, and all remaining provisions hereof shall, in other respects, continue in full force and effect.

1.2.3 Provisions Required by Law Deemed Inserted. Each and every provision and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted herein and the Contract Documents shall be read and enforced as though such provision or clause is included herein.

1.2.4 Explanations, Errors and Omissions. The Design‐Builder will not be allowed to take advantage of any error or omission in the Contract Documents. Should it appear that the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, Design‐Builder shall submit a Request for Information to City Engineer, in writing, asking for such further written explanations as may be necessary. Design‐Builder shall conform to the explanation provided. Design‐Builder shall promptly notify City Engineer of all errors, omissions, inconsistencies or other defects (including inaccuracies and inconsistencies) which it may discover in the Contract Documents, and obtain specific instructions in writing regarding any such error, omission or defect, before proceeding with the Work affected thereby. Omission from the Contract Documents or the misdescription of details of Work which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve Design‐ Builder from performing such omitted Work (no matter how extensive) or misdescribed details of General Conditions GC-11
Carbon Canyon BPS No. 2 Improvements
the Work and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a Change Order hereunder.

1.2.5 Interpretation. The Contract Documents are intended to be coordinated so that figures, words or notes exhibited on plans and not mentioned in the Specifications, or vice versa, are to be executed to the true intent and meaning thereof, the same as if mentioned in the Specifications and set forth in plans. Work shown on plans, the dimensions of which are not given, is to be accurately followed according to the scale to which plans are made, but figured dimensions in all cases are to be followed, although they may differ from the scale measurements. The City Engineer will interpret the meaning of any part of the Contract Documents about which any misunderstanding may arise, and his decision shall be final. In the event of the Design‐Builder's failure to give such notice, the Design‐ Builder shall make good any damage or defect caused thereby. The execution of work specially detailed or explained without a previous written claim for an extra charge, shall constitute an acceptance by the Design‐Builder of the detailed explanations as being in conformity with the work covered by the Contract.

1.2.6 Meaning of Words. Unless otherwise stated in the Contract Documents, words which have well‐known, technical or construction industry meanings are used in accordance with such recognized meanings. Whenever in the Contract Documents the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the City Engineer is intended, and similarly the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved or acceptable to, or satisfactory to the City Engineer unless otherwise expressly stated.

1.3 OWNERSHIP AND USE OF DOCUMENTS

1.3.1 The Construction Documents and other Project‐related documents and electronic data prepared by or on behalf of the Design‐Builder for the Project shall be deemed to be "works for hire" and are the property of the City. The Design‐Builder hereby assigns to the City, without reservation, all copyrights to all Project‐related documents, models, computer drawings and other electronic expression, photographs, and other expression produced by the Design‐ Builder. Among those documents are certain "Instruments of Service," including the design drawings, Design‐Builder Specifications, and other documents that are required by the Contract Documents. Design‐Builder shall obtain a valid written assignment of copyrights from its consultants in terms identical to those that obligate the Design‐Builder to the City as expressed in this subparagraph, which copyrights the Design‐Builder hereby assigns to the City. The City, in turn, hereby grants to the Design‐Builder a nonexclusive license to reproduce the documents for purposes relating directly to the Design‐Builder's performance of this Project, for the Design‐Builder's archival records, and for the Design‐Builder's reproduction of drawings and photographs in the Design‐Builder's marketing materials provided the contents of those materials, as to this Project, are approved by City. No other Project‐related documents may be reproduced for any other purpose without the express written permission of the City. No other copyrights are included in this grant of nonexclusive license to the Design‐Builder. This nonexclusive license shall terminate immediately upon the breach of this Agreement by the Design‐ Builder.

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1.3.2 A copy of every technical memorandum and report prepared by Design‐Builder shall be submitted to the City to demonstrate progress toward completion of Work. In the event City rejects or has comments on any such work product, City shall identify specific requirements for satisfactory completion by Design‐Builder. Design‐Builder shall provide City with Project‐ related documents in reproducible or electronic format, upon City’s written request. Complete Record Documents shall be turned over to City upon termination of this Agreement or Final Completion, whichever occurs first. If the City subsequently reproduces Project‐related documents or creates (or causes to create) a derivative work based upon Project‐related documents created by the Design‐Builder, the City shall remove or completely obliterate the original professional seals, logos, and other indications on the documents of the identity of the Design‐Builder and its consultants. However, where required by law, such identification with appropriate qualifying language or other statutorily prescribed information identifying the original architect or the scopes of the reuse of the documents may remain or be applied. City agrees to hold harmless and indemnify to the fullest extent permitted by law, Design‐Builder against claims and costs that may arise from the alteration of these Project‐ related documents by City when used for other distribution center projects unless the claims or costs arise from the negligence or willful acts of the Design‐Builder.

1.3.3 If the Design‐Builder believes or is advised by a design professional retained to provide services on the Project that implementation of any instructions received from the City would cause a violation of any Applicable Law, the Design‐Builder shall notify the City in writing.

2. OWNER

2.1 SUPERVISION AND INSPECTION BY CITY

2.1.1 The Work shall be done in strict compliance with the approved Contract Documents under the supervision and to the satisfaction of the City Engineer. The City Engineer on behalf of City, shall decide all questions, which may arise as to the quality or acceptability of the Work performed and as to the manner or performance and rate of progress of the Work, and all questions as to progress payments or compensation.

2.1.2 The City Engineer shall, at all times, have the right to inspect the Work and materials in the course of manufacture, assembly or installation and make such tests from time to time as may be deemed advisable. The Design‐Builder shall keep the City Engineer, or his designated representative, informed as to the progress of the Work, giving ample notice, in advance, of appropriate times for inspection and tests, and shall furnish reasonable facilities for such inspection and tests for obtaining such information as City Engineer may require respecting the Work and the character of the materials used.

2.1.3 The City Engineer upon delivery may, in his discretion, inspect all equipment and material purchased for this Project, and if any equipment or material is found not to comply with the Contract Documents, such equipment or materialshall be rejected.

2.1.4 The Design‐Builder shall make available all facilities providing materials or equipment to the jobsite for inspection during manufacture at the construction site and shops or yards as desired, and shall not conceal any Work requiring inspection until the same has been approved by the City General Conditions GC-13
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Engineer. If such Work should be concealed before inspection, the Design‐Builder will be required to remove such portions of the Work already installed as may be necessary to enable such inspection to be made, at Design‐Builder’s sole cost and expense.

2.1.5 As more particularly described in Article 12 herein, all Work rejected shall be remedied, or removed and replaced by the Design‐Builder in a manner acceptable to the City Engineer and no compensation therefore will be allowed or paid therefore to the Design‐Builder.

Any work done beyond the lines and grades shown on the Contract Documents or established by the City Engineer, or any extra work done without valid written authority, will be considered as unauthorized and will not be paid for. Such unauthorized work done may be ordered removed at the Design‐Builder's expense. Upon failure on the part of the Design‐Builder to comply promptly with any order of the City Engineer made under the provisions of these Contract Documents, the City Engineer shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed at the expense of Design‐Builder, and to deduct the cost from any monies due or to become due the Design‐Builder under this Contract.

2.1.6 Inspection or approval of the Work shall not relieve the Design‐Builder of any obligation to faithfully perform and comply with the Contract, and defective work shall be made good and noncompliant materials rejected and replaced at Design‐Builder's expense, notwithstanding that such defective work has been previously overlooked by the City Engineer and approved.

2.1.7 The City Engineers’ inspections, as provided for in this Section, shall not be in‐lieu of the City building officials’ inspections.

2.1.8 Any and all reviews, inspections or approvals by City or any of its respective representatives or designees (collectively, the "Reviewers") that are required by, allowed, or otherwise referenced in the Contract Documents or that are otherwise undertaken by the Reviewers in connection with the Project are for the sole purpose of concept review only. Any such reviews, inspections, approvals or related actions of Reviewers shall not in any way be, or be deemed to be, either: (a) an indication of any knowledge or expertise by any such parties in any area of the Work; (b) an approval of any architectural, civil, structural, electrical, mechanical, plumbing, engineering, fire protection, safety or design aspects, requirements or specifications, all of which are, and shall remain, the responsibility of Design-Builder; or (c) a waiver of Design-Builder’s obligations to perform the Work in accordance with this Agreement. Notwithstanding any provision of the Contract Documents, City shall not be deemed to have assumed the responsibilities of Design-Builder nor shall Design-Builder presume that City or its representatives have any knowledge or expertise in any area of the Work as a result of any such review, inspection approval or related actions. No action or inaction by City or its representatives with respect to the design or construction of the Work shall relieve Design-Builder of its duties and responsibilities under the Agreement or under the Contract Documents.

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3. DESIGN‐BUILDER

3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS

3.1.1 By executing this Agreement, Design‐Builder represents: (1) that it has visited the Project site, familiarized itself with the local and as‐built conditions under which the Work is to be performed; (2) that it has familiarized itself with the nature, location and extent of concurrent construction projects in the vicinity of the Project; (3) that it has familiarized itself with the nature and extent of the Contract Documents, the Work, all Applicable Laws that may affect costs, progress, performance or furnishing of the Work; (4) that it has correlated local conditions and requirements with the City's requirements, schedule and budget; (5) that it has advised City of any local conditions or requirements which vary from City's requirements and made recommendations to cure such variances; (6) that it is fully experienced, qualified and competent to perform the services set forth in this Agreement; (7) that it is properly equipped, organized and financed to perform the Work; (8) that it is properly permitted, licensed and registered by the State of the Project to perform the services of a design‐build Design‐Builder; (9) that it has familiarized itself with all conditions bearing upon transportation, disposal, handling and storage of materials; (10) that it has familiarized itself with the availability of labor, water, electric power, and roads; (11) that it has familiarized itself with uncertainties of weather and physical conditions at the Project site; (12) that it has familiarized itself with the character of equipment and facilities needed preliminary to and during performance of the Work; and (13) that it has familiarized itself with the staging and material storage constraints of the Project site and will confine its staging and storage operations to approved areas. In addition, and without limiting the foregoing warranties, Design‐Builder represents and warrants to City as follows:
(a) Design‐Builder has obtained and studied (or assumes responsibility to do so) all such examinations, investigations, explorations, tests, reports and studies which pertain to the physical conditions at or contiguous to the Project site or conditions which otherwise may affect the cost, progress, performance or furnishing of the Work, as Design‐Builder considers necessary for the performance of the Work hereinafter defined, within the Contract Time and schedule and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Design‐Builder for such purposes. Design‐Builder may rely upon the accuracy of the technical data contained in any such documents provided by the City, but not upon non‐technical data, interpretations, opinions or conditional statements contained therein or for the completenessthereof for Design‐Builder's purposes.

3.2 LABOR AND MATERIALS

3.2.1 Labor Code. The Design‐Builder shall strictly adhere to the provisions of the Labor Code regarding minimum wages, the 8‐hour day, the 40‐hour week, overtime, Saturday, Sunday and holiday work, apprentice employment and training, workers’ compensation, certification, non‐ discrimination and prevailing wages, all as more specifically set forth in Article 17 herein.

3.2.2 Preparation for Shipment. The Design‐Builder or Design‐Builder’s Suppliers shall prepare all articles and materials for shipment in such a manner as to protect them from damage in transit, and shall be responsible for and repair all damaged parts or replace all losses incurred in transit to the General Conditions GC-15
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designated delivery point. When necessary, heavy parts shall be mounted on skids or crated, and all articles or materials that might otherwise be lost shall be boxed or wired in bundles. All articles shall be plainly marked for identification and destination. The Design‐Builder shall prepare proper commercial bills of lading, three copies of which, together with a complete shipping list, shall be sent to the City Engineer.

3.2.3 Identification. All correspondence, drawings, shipping papers, documents and invoices pertaining to equipment described in the Contract Documents shall be plainly marked with the number of the Purchase Order Number. All bundles, boxes, crates, containers, and pieces of equipment shipped under the Contract Documents shall be plainly labeled with said number.

3.2.4 Delivery. Delivery shall mean the delivery to the jobsite of complete equipment or material components required by, and complying with, the Contract Documents.

3.2.4.1 The Design‐Builder shall place orders for all equipment in time to prevent any delay in the Project Schedule or Substantial Completion of Project. If any materials or equipment are not ordered in time, additional charges made by equipment manufacturers to complete their equipment in time to meet the Project Schedule, together with any special handling charges, shall be borne by the Design‐Builder.

3.2.4.2 Materials shall be delivered in sample quantities from time to time as may be necessary for the uninterrupted progress of the Work. They shall be stored so as to cause the least obstruction to the premises and distributed so as to prevent overloading any portion of the structure. These areas shall be only in approved locations and shall not interfere with the work of any Separate Design‐Builders with the use of property adjacent to the Project site.

3.2.4.3 The Design‐Builder shall provide facilities and personnel for unloading, receiving, and warehousing all equipment and materials at the jobsite. It is distinctly understood that the City shall in no event be responsible for, nor does it assume any liability for the receipt of any equipment or materials.

3.2.4.4 All Work, equipment and materials shall be protected at all times. The Design‐ Builder shall make good all damage caused either directly or indirectly by their employees or Subcontractors. The Design‐Builder shall also protect their own Work from damage. They shall close all pipe openings with caps or plugs during installation. They shall protect all of their equipment and materials against dirt, water, chemical and mechanical injury. Upon completion, all Work shall be thoroughly cleaned and delivered in a new condition.

3.2.5 PropertyOwnership

3.2.5.1 Title to all material and equipment shall vest in the City upon shipment thereof, but all risk or loss in respect thereto shall remain with the Design‐Builder until the City has accepted the material and equipment following the completion of the entire Project. and testing thereof. This risk of loss includes insuring the shipment and acting as the principal plaintiff in case of damage incurred during shipment or construction/installation of the equipment.

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3.2.5.2 Although title to the equipment and material passes to the City upon shipment, as above specified, the Design‐Builder shall have the charge and care thereof until completion of the entire Project. They shall bear the expense of any theft or damage whatever to the equipment and materials during that period except that the City will bear the expense of any such damage that is caused by its negligence.

3.3 SUBSTITUTIONS

3.3.1 The burden of proof as to the type, function, and quality of any such substitution product, material or equipment shall be upon the Design‐Builder. The final determination of the acceptability of substitute items rests solely in the discretion of the City.

3.3.2 Without any increase in cost to the City, the Design‐Builder shall be responsible for and pay all costs in connection with proposed substitutions and of inspections and testing of equipment or materials submitted for review prior to the Design‐Builder's purchase thereof for incorporation in the Work, whether or not the City accepts the proposed substitution or proposed equipment or material.

The Design‐Builder shall reimburse the City for the charges of the City for evaluating each proposed substitution.

3.4 WARRANTY

3.4.1 The Design‐Builder unconditionally guarantees the Work will be completed in accordance with the requirements of the Contract Documents and will remain free of defects in workmanship and materials for a period of one (1) year from the date of Final Completion, unless a longer guarantee period is specifically called for in the Contract Documents. The Design‐Builder shall repair or replace any and all work, together with any adjacent work that may have been damaged or displaced, which was not in accordance with the requirements of the Contract Documents or that may be defective in its workmanship or material within the guarantee period specified in the Contract Documents, without any expense whatsoever to the City; ordinary wear and tear and abuse excepted. Design-Builder’s performance bond shall not be released prior to the expiration of the oneyear warranty.

3.4.2 Design‐Builder shall obtain in the name of the City (or such other name as City may designate in writing to Design‐Builder) and transfer or assign to City or City's designee at the time of Final Completion of the Work, any and all warranties or guarantees which Design‐ Builder is required to obtain pursuant to the Contract Documents. Design‐Builder further agrees to perform the Work in such a mannerso as to preserve any and all such warranties.

3.4.3 The Design‐Builder further agrees, within fourteen (14) days, or at such shorter period as may be designated for emergency repairs, after being notified in writing by the City, or any work not in accordance with the requirements of the Contract Documents or any defects in the Work, that the Design‐Builder shall commence and execute, with due diligence, all work necessary to fulfill the terms of the guarantee. If the City finds that the Design‐Builder fails to perform any of the work under the guarantee, the City may elect to have the work completed at the Design‐Builder’s expense and the Design‐Builder will pay costs of the work upon demand. The City will be entitled to all costs, General Conditions GC-17
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including reasonable attorneys’ fees and consultants’ expenses necessarily incurred upon the Design‐ Builder’s refusal to pay the above costs.

3.4.4 Notwithstanding the foregoing section 3.4.3, in the event of an emergency constituting an immediate hazard to the health or safety of City employees, property or licensees, the City may undertake, at the Design‐Builder’s expense and without prior notice, all work necessary to correct such hazardous condition(s) when caused by the work of the Design‐Builder not being in accordance with the requirements of the Contract Documents.

3.4.5 Design‐Builder shall ensure that all warranties and guaranties, including those that extend beyond a period of three (3) years from the date of Final Completion, specifically provide that all work carried out under those warranties and guarantees will comply with all laws, regulations and codes at no additional cost to the City. The Design-Builder will prepare for City a matrix of all warranty items per trade along with the corresponding expiration dates. The Design-Builder shall provide a warranty matrix that depicts the expiration dates for all materials and equipment warranties.

3.5 TAXES

3.5.1 Design‐Builder shall pay all sales, consumer, possessors’ interest, use, gross receipts and other similar taxes required to be paid by Design‐Builder in accordance with the laws and regulations of the place of the Project, which are applicable during the performance of the Work. The Contract Price shall include all such taxes.

3.6 APPLICABLE LAW
The Design‐Builder shall keep fully informed of all Applicable Laws which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any Applicable Law, including a change in Applicable Law, the Design‐Builder shall forthwith report the same to the City Engineer in writing. The Design‐ Builder shall at all times, observe and comply with and shall cause all of their agents and employees to observe and comply with, all Applicable Laws. If the Design‐ Builder performs the Work knowing it to be contrary to Applicable Law, the Design‐Builder shall assume full responsibility and bear costs applicable to correction.

3.7 PERMITS, LICENSES AND INSPECTIONS
The Design‐Builder will apply for and obtain plan check or checks, and the Design‐Builder will apply for the general construction permit or permits. The Design‐Builder shall apply for and obtain all Project related permits and licenses, all permits and inspection in connection with the work or operations in or over public streets and highways, and all other permits and inspections required in connection with the Work to be done under the Contract Documents, unless otherwise specified herein. The Design‐Builder shall comply with and give notices required by all Applicable Laws. The City of Brea will pay for all plan check fees and permits issued by the City except City Business Licenses, and Design‐Builder shall pay all other fees and permits required by other public agencies.

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3.8 SCHEDULE

3.8.1 Design‐Builder shall prepare and submit a Project Schedule for City’s approval; updates to the Project Schedule shall be in a detailed precedence‐style critical path method (CPM) format satisfactory to the City and the Design‐Builder which shall also: (1) provide a graphic representation of all activities and events that will occur during performance of the Work; (2) identify each phase of construction and occupancy; and (3) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter referred to as Milestone Dates). Upon review by the City of the Project Schedule as a whole and of the Milestone Dates, the Project Schedule shall be deemed part of the Contract Documents.

The Project Schedule shall be promptly revised by the Design‐Builder in accordance with the recommendations of the City, if needed, and resubmitted. The Design‐Builder shall monitor the progress of the Work for conformance with the requirements of the Project Schedule and shall promptly advise the City of any delays or potential delays.

3.8.2 With each Application for Payment submitted by Design‐Builder, other than the Final Application for Payment, the Design‐Builder shall submit to the City, as directed by the City Engineer, a current CPM Project Schedule revised to indicate the portion of the Work executed during the time period covered by the Application for Payment, all progress slippages occurring during the previously covered time periods and the corrective actions taken or slippage carry‐ over into the time period covered by the Application for Payment, all anticipated delays or difficulties, a Recovery Schedule, as applicable, and all other information required to accurately present the actual status of the progress of the Work as of the date of Application for Payment and as may be further required by the City or Design‐Builder. If the Design‐Builder does not submit the currently revised CPM Schedule with an Application for Payment, the City may withhold payment, in whole or in part, in addition to other causes for such withholding provided for in the Contract Documents. In the event any updates to the Project Schedule indicate any delays, the Design‐Builder shall propose an affirmative plan to correct the delay, including overtime and/or additional labor, if necessary. In no event shall any update constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to a Change Order.

3.8.3 In the event any update to the Project Schedule shows the Work or any part thereof is lagging the Critical Path by ten (10) days or more, Design‐Builder shall submit a Recovery Schedule, demonstrating Design‐Builder’s proposed plan to regain lost schedule progress and to achieve Substantial Completion of the Work in accordance with the requirements of the Contract Documents.

3.9 RECORD DOCUMENTS AND AS‐BUILTS

3.9.1 Design‐Builder shall maintain in a safe place at the Project Site and make available to City for inspection and copying, one record copy of all drawings, specifications, requests for information, written amendments, Change Orders, field orders and work change directives, in good order. In addition, Design‐Builder shall maintain at the site approved shop drawings, product data, samples and mock‐ups, permits, inspection reports, test results, daily logs, schedules, subcontracts and purchase orders (“Record Documents”). The Record Documents shall be prepared and General Conditions GC-19
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continuously updated during the prosecution of the Work. As part of Record Documents, Design‐ Builder shall maintain a set of As‐Built Drawings on‐site in good condition and shall use colored pencils to mark- up said set with "record information" in a legible manner to show:

A. Deviations from the drawings made during construction; B. Details in the Work not previously shown;
C. Changes to existing conditions or existing conditions found to differ from those shown on any existing drawings;
D. The actual installed position of equipment, piping, conduits, light switches, electrical fixtures, circuiting, ducts, dampers, access panels, control valves, drains, openings, stub‐outs and like items; and
E. Such other information as City may reasonably request.

Design‐Builder's submittal of evidence of updated Record Documents shall be a condition precedent to City's duty to process payment applications.

3.9.2 Design‐Builder, as part of the Contract Price, within thirty (30) calendar days after Substantial Completion or earlier termination of the Agreement and as a condition precedent to certifying of the final payment under the Contract, shall transfer the "As‐Built" changes to the Work maintained by Design‐Builder from the record drawings kept at the Project Site to: (1) a true and complete final set of "As‐Built" drawings complying with the City of Brea CAD manual; (2) final approved shop drawings; and (3) a complete certified "As‐Built" survey for the Project Site indicating the actual location of the improvements as constructed on the site. The Design‐Builder's duty to provide such As‐Built drawings, shop drawings and survey obligation shall survive the completion of the Work or termination of the Agreement.

3.10 INTELLECTUAL PROPERTY AND PATENT RIGHTS

3.10.1 The Design‐Builder shall secure in writing from all patentees, copyright holders, and assignees of all Project‐related documents, all copyrights, assignments, and licenses related to such expression (e.g., designs, drawings, Contract Documents, specifications, documents in computer form, etc.) as necessary to allow the City the full, unlimited, and unencumbered use of that expression for the execution, operation, maintenance, modernization or expansion of the Project. The Design‐Builder shall immediately convey all such copyrights, assignments, and licenses to the City without reservation except that which is expressly allowed in this Article. In the case of products, materials, systems, etc., protected by patent, the Design‐Builder and its consultants shall not specify or cause to be specified any infringing use of a patent.

3.10.2 Should the Design‐Builder become aware of or receive notice of potential infringement of any intellectual property right related to the Project, regardless of the source of that awareness or notice, the Design‐Builder shall (a) immediately cease the copying and any other activity which is the potential source of infringement; and within seven (7) calendar days (b) investigate the potential General Conditions GC-20
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infringement; (c) submit to the City copies of all documents relating to that awareness, the notice, or the object thereof; and (d) issue to the City a complete written response and analysis of the potential infringement and the course of action recommended by the Design‐Builder. The Design‐ Builder shall submit to the City a supplement of the initial report within seven (7) calendar days of the Design‐Builder's receipt of, or awareness of, additional related information. Nothing in this Agreement shall be deemed to relieve the Design‐Builder of its obligations under this Article, nor shall the City's receipt of the information indicated in this Article give rise to any duty or obligation on the part of City.

3.10.3 The Design‐Builder and its Faithful Performance Bond Surety shall indemnify, defend, and hold harmless, the City from all liability, costs, and attorneys' fees incurred which are related to infringement of intellectual property rights, whether or not the infringement is potential, accused, or proven. Should the City become aware of, or receive notice of, potential, accused, or actual infringement of intellectual property rights, the City shall, in its sole option, have the right to engage independent legal counsel to advise the City as to the infringement. The costs and fees for such counsel shall be borne by the Design‐Builder and shall be immediately recoverable by the City against amounts due or soon to be due to the Design‐ Builder or amounts already paid to the Design‐Builder.

3.11 SUBMITTALS AND SHOP DRAWINGS

3.11.1 Design‐Builder will review for compliance with the Contract Documents and approve and submit to City Engineer, Shop Drawings, product data and similar submittals required by the Contract Documents. City will review and approve submittals in accordance with the Contract Documents. City’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City’s review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. Design‐Builder shall make corrections required by City, and shall return the required number of corrected copies of the required submittal for review and approval. Design‐Builder shall direct specific attention, in writing, to revisions other than the corrections called for by City on previous submittals.

City’s review and approval of required submittals shall not relieve Design‐Builder from responsibility for any variation from the requirements of the Contract Documents unless Design‐Builder has, in writing, called City’s attention to each such variation at the time of submission and City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the submittal.

3.11.2 Where a submittal is required by the Contract Documents of related construction performed prior to City’s review and approval. The risk will be at the sole expense and responsibility of Design‐ Builder.

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3.11.3 The Design‐Builder shall prepare Shop Drawings necessary for the Work and shall check the same for accurate measurements taken from the Work, and when assured that such drawings have been properly prepared,shall submit same to the City Engineer for approval.

3.11.4 When Shop Drawings cannot be made from actual dimensions taken from the Work but are prepared from the record or preliminary plans, it is distinctly understood that the Design‐ Builder is responsible for the accuracy of the information from which such drawings are prepared, for the City does not vouch for their accuracy.

3.11.5 It is definitely understood that the City Engineer's approval of the Shop Drawings is for the design only and not for dimensions or structural accuracy.

3.11.6 Any material ordered by the Design‐Builder prior to the approval of Shop Drawings,shall be at their own risk. The City Engineer shall have the right to keep Shop Drawings submitted for approval two weeks before returning to the Design‐Builder with corrections or approval, and no claim for delay on this account shall be recognized. Four complete prints of each approved drawing prepared by the Design‐Builder shall be furnished to the City Engineer.

3.12 TEST SAMPLES

3.12.1 The City Engineer may require any or all materials to be subject to tests by means of samples or otherwise as they may determine. The Design‐Builder shall afford such facilities as the City Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the work any material represented by the samples until all required tests have been made and the material accepted. The Design‐Builder in all cases shall furnish the required samples without charge.

In case samples are required from the completed work, the Design‐ Builder shall cut and furnish for tests, samples cut from the completed work. The areas of samples so removed shall be replaced with identical material and refinished. No additional compensation will be allowed for furnishing test samples and replacing the areas with new material.

3.12.2 For testing / inspection of items at the source of fabrication the Design‐Builder shall notify the City in writing to allow for such inspection. The City will respond in writing, indicating whether or not off‐site inspection will be conducted. For out of state fabrication, notification shall be given at least fourteen (14) calendar days before fabrication begins. For in‐state facilities, seven (7) calendar days’ notice will be required.

3.12.3 For testing / inspection of items at the job site the Design‐Builder shall notify the City immediately upon receipt of materials at the jobsite. Complete specifications / certifications / paperwork is required to be included with all items at the time of delivery. Material that is delivered to the jobsite shall not be installed or erected prior to City approval. All items arriving at the jobsite are subject to inspection and re‐testing at an independent certified laboratory at the City’s choice.

3.12.4 Tests of materials will be made by the City in accordance with the latest standard methods of the American Society for Testing and Materials, as amended prior to date of the contract unless otherwise provided. In cases where definite identification of a particular test method is necessary or specifications and serial numbers are stipulated, the test shall be construed to mean the method General Conditions GC-22
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given in the above‐mentioned publication for sampling and testing the particular material or product involved. When the abbreviated reference “ASTM” is used, it shall be considered to refer to the appropriate section of the above‐mentioned publication. Where “AASHTO” specifications and serial numbers are stipulated, the reference shall be construed to mean the specifications and serial numbers of the latest American Association of State Highway and Transportation Officials as amended prior to date of the contract.

3.12.5 It is understood that the City reserves the right to retest all material which have been tested and accepted at the source of supply after the same has been delivered to the work site and to reject all materials which, when retested, do not meet the requirements of the contract.

3.13 MATERIAL SAMPLES

3.13.1 The Design‐Builder shall furnish for the approval of the City Engineer, any samples required equipment they propose to use. Unless specifically required, samples are not to be submitted with the proposal.

3.13.2 No materials or equipment of which samples are required to be submitted for approval shall be used on the work until such approval has been given by the City Engineer, except at the Design‐Builder’s risk and expense.

3.13.3 Each sample submitted shall have a label indicating the material represented, its place of origin, and the names of the producer, the Design‐Builder and the building or work for which the material is intended. Samples of finished materials shall be so marked as to indicate where the materials are required by the drawings or specifications.

3.13.4 A letter in duplicate by the Design‐Builder shall accompany each shipment of samples submitted and shall contain a list of the samples, the name of the building or work for which the materials are intended and the brands of the materials and names of the manufacturers.

3.13.5 The approval of any sample shall be only for the characteristics or for the uses named in such approval and for no other purpose. Approval of a sample shall not be construed as to change or modify any contract requirement.

3.13.6 All samples will be provided by the Design‐Builder at no extra cost to the Project or to the City.

3.13.7 All materials and equipment approved by Design‐Builder must be submitted to the City for record and final conformance review upon approval. Provide three (3) copies of each submittal with indications of approval by the Design‐Builder’s Architect of Record and the Design‐Builder.

3.14 NON‐CONFORMING MATERIAL

3.14.1 All materials not conforming to the requirements of the RFP, the proposal and any subsequently approved design or construction documents submittal, whether in place or not, shall be rejected and removed immediately from the site of work unless otherwise permitted by the City Engineer in writing. No rejected material which has subsequently been made to conform shall be General Conditions GC-23
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used unless and until written approval has been given by the City Engineer. Upon failure on the part of the Design‐Builder to comply forthwith with any order of the City Engineer made under the provisions of this subsection, the City Engineer shall have the authority to remove and replace non‐ conforming materials and to deduct the cost of removal and replacement from any money due or about to become due the Design‐Builder.

3.15 USE OF SITE AND OTHER AREAS

3.15.1 Design‐Builder shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas allowed by the City and other land and areas allowed by laws and regulations, rights‐of‐way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Design‐Builder shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Design‐Builder shall, to the fullest extent permitted by laws and regulations, indemnify and hold harmless City, City’s consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such City or occupant against City, or any other party indemnified hereunder to the extent caused by or based upon Design‐Builder’s performance of the construction.

3.15.2 During the performance of the construction, Design‐Builder shall, on a daily basis, keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the construction. Daily and at the completion of the construction, Design‐Builder shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. Design‐ Builder shall leave the Site clean and ready for occupancy by City at Substantial Completion. Design‐ Builder shall restore to original condition all property not designated for alteration by the Contract Documents.

3.15.3 Design‐Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design‐Builder subject any part of the Work or adjacent property to stresses or pressuresthat will endanger it.

3.13.4 Design‐Builder shall provide a copy of agreement for staging equipment/material on private entity/property.

3.16 INDEMNITY

3.16.1 The indemnity requirements shall be as specified in Exhibit D of the Design-Build Agreement.

Read these provisions carefully, including the cautionary paragraph at the top of the page. Design‐ Builder shall indicate in their proposal that they have reviewed Exhibit D of the Design-Build Agreement and agree with the indemnity provisions.

3.16.2 The obligations set forth in this indemnification provision (I) shall be in effect without regard to whether or not City, Design‐Builder, or any other person maintains or fails to maintain insurance General Conditions GC-24
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coverage for any such loss, costs, claims, damages or expenses; and (ii) shall survive the termination of this Agreement.

4. ADMINISTRATION OF THE CONTRACT

4.1 ROLE OF CITY’S ENGINEER

4.1.1 The City’s Engineer or his designee(s) shall be responsible for oversight of the design, permitting and construction on City’s behalf. Design‐Builder shall deliver all Design Documents and Construction Documents and other submittals to the City Engineer. All meetings regarding design and construction shall be coordinated through the City Engineer. Design‐Builder shall not be relieved of its obligations under the Contract Documents by City approvals.

4.1.2 The City may contract with individuals or entities to support its professional services needs for the Project. Design‐Builder to expect and accommodate regular contact with these individuals or entities to review design and construction progress.

4.2 DESIGN CONCEPT MEETINGS

4.2.1 Shortly after contract award the City may choose to conduct meetings with the Design‐Builder to refine proposal concept features. The purpose of the meetings is to assure attention to Project requirements and to suggest ways of improving the design prior to tentative level submissions.

City design changes which do not increase construction costs shall be made at no charge to the City.

4.3 COORDINATION MEETINGS

4.3.1 In addition to regular meetings with the City and the City Engineer, the Design‐Builder shall conduct formal status briefings on a monthly basis to provide a management overview of contract development. Immediately after award, “mobilization” meetings shall be conducted to review contract requirements, address scheduling, introduce staff, and resolve questions.

4.4 CLAIMS AND DISPUTE RESOLUTION

4.4.1 Continuing the Work. Design‐Builder shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements or pending change order requests.

4.4.2 Dispute Resolution. If a dispute arises out of or relates to this Contract, or the breach thereof, the parties agree that the following negotiation and mediation process shall be used before the filing of a legal action.

Claims. For purposes of this Article, “Claim” means a separate demand by the Design-Builder 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 General Conditions GC-25
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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.

4.4.3 If the Design-Builder believes that it is entitled to relief against the Owner for any event 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 herein. In the event that the Design-Builder does not accept the Owner's decision on a Change Order Request, the Design-Builder 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 Design-Builder of any claim for additional compensation, time or impact costs from Owner.

4.4.4 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.

4.4.5 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 DesignBuilder’s behalf and/or on behalf of (subcontractor’s/supplier's name(s)) and that the following statements are true and correct:

4.4.5.1The facts alleged in or that form the basis for the Claim are true and accurate; and, DesignBuilder 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,

4.4.5.2Design-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 certainty that 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,
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4.4.5.3Design-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 Design-Builder 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,

4.4.5.4Design-Builder has not received payment from Owner for, nor has Design-Builder previously released Owner from any portion of the Claim."

4.4.5.5Design-Builder Signature Line_______________________________

4.4.6 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.

4.4.7 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 per annum.

4.4.8 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.

4.4.9 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.

4.4.10 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 7 percent 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 later time.

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

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

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

4.4.14 This Article does not preclude the Owner from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, Public Contract Section 22200, et seq., if mediation under this Article does not resolve the parties’ dispute.

4.4.15 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 is complete.

4.4.16 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.

4.4.17 Legal Proceedings

4.4.17.1 Civil Actions. Procedures for civil actions to resolve claims of $375,000 or less between the City and the Design-Builder are governed by Public Contract Code Section 20104, et seq.

4.4.17.2 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 herein 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.

4.4.18 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 General Conditions GC-28
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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 Article, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Design-Builder.

4.4.19 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 Orange 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 establishment of the jurisdiction of any such legal proceeding.

5. SUBCONTRACTORS, SUPPLIERS AND CONSULTANTS

5.1 SUBCONTRACTING ACT

5.1.1 The Subletting and Subcontracting Fair Practices Act, Sections 4100 et seq. of the California Public Contract Code (“Subcontracting Act”) requires Persons bidding on public works contracts to identify certain major Subcontractors as part of their bids. Owner recognizes that because a design‐build contract may be awarded prior to the completion of the design, it is often impracticable for the design‐build entity to list all Subcontractors during the design and procurement phase of the Work. As a result, the Subcontractor listing requirements contained in the Subcontracting Act can create a conflict with the implementation of the design‐build process by requiring all Subcontractors to be listed at a time when a sufficient set of plans may not be available.

Owner recognizes that certain Subcontractors can only be selected by the Design‐Builder after a certain amount of design work is completed. Therefore, Owner has postponed Design‐Builder’s obligation to identify certain Subcontractors, subject to Design‐ Builder’s compliance with the Subcontractor selection policy set forth in this Section. All Subcontractors shall be afforded the protections contained in the Subletting and Subcontracting Fair Practices Act.

5.1.2 The Subcontractor List and Declaration form (Appendix I of the RFP) shall be signed by Design‐Builder, agreeing that any Subcontractor not identified on the form who will perform Work or labor or render Service in the performance of the Contract in the amount exceeding ½ of 1% of the difference between the Total of the Contract Price and the amount allocated to Design Services, shall be submitted to the Owner for approval prior to the execution of any subcontract. Once a Subcontractor approved by the Owner has been selected for any such Work, Design‐Builder shall not have the right to make any substitution of such Subcontractor except in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100, et seq. The City Engineer shall serve as the hearing officer for the purposes of any hearing dealing with the substitution of a subcontractor.

5.1.3 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 apprentice able General Conditions GC-29
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occupation in the building and construction trades, in accordance with Public Contract Code Section 2600, et seq.

5.2 OBJECTION
Design‐Builder shall not employ any subcontractor, engineer, supplier or other individual or entity against whom City may have reasonable objection. Design‐Builder shall not be required to employ any subcontractor, engineer, supplier or other individual or entity to furnish or perform any of the Work against whom Design‐Builder has reasonable objection.

5.3 RESPONSIBILITY
Design‐Builder shall be fully responsible to City for all acts and omissions of the subcontractors, engineers, suppliers and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Design‐Builder. Nothing in the Contract Documents shall create for the benefit of any such subcontractor, engineer, supplier or other individual or entity any contractual relationship between City and any such subcontractor, engineer, supplier or other individual or entity, nor shall it create any obligation on the part of City to pay or have any other obligation toward any subcontractor, engineer, supplier or other individual or entity except as may otherwise be required by laws and regulations.

5.4 COORDINATION
Design‐Builder shall be solely responsible for scheduling and coordinating subcontractors, engineers, suppliers and other individuals and entities performing or furnishing any of the work under direct or indirect contract with Design‐Builder. Design‐Builder shall require all subcontractors, engineers, suppliers and such other individuals and entities performing or furnishing any of the Work to communicate with the City through Design‐Builder.

5.5 SUBCONTRACTS
All services performed or provided to and material and equipment supplied to Design‐Builder by a Subcontractor or Supplier will be pursuant to an appropriate design sub‐agreement or construction sub‐agreement between Design‐Builder and the Subcontractor, engineer or supplier which specifically binds the Subcontractor, engineer or supplier to the terms and conditions of the Contract Documents for the benefit of City. City shall have the right but not the obligation to review and accept the form and substance of Design‐Builder’s agreements with Subcontractors. Whenever any such agreement is with a Subcontractor, engineer or supplier who is listed as an additional insured on the property insurance provided for herein, the agreement between the Design‐Builder and the Subcontractor, engineer or supplier will contain provisions whereby the Subcontractor, engineer or supplier waives all rights against City, Design‐Builder, City’s consultants and all other additional insured’s for all losses and damages caused by any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any subcontractor, engineer or supplier, Design‐Builder will obtain the same.

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5.6 ASSIGNMENT
Each subcontract agreement for a portion of the Work is assigned by the Design‐Builder to the City provided that assignment is effective only after termination of the Contract with Design‐ Builder by the City and only for those subcontract agreements which the City accepts by notifying the Subcontractor in writing. Said assignments are subject to the prior rights of the sureties obligated on the bonds relating to this Agreement. Each subcontract shall specifically provide that the City shall only be responsible to the Subcontractor for those obligations that accrue subsequent to the City's exercise of any rights under this contingent assignment.

6. PAYMENTS TO SUBCONTRACTORS AND STOP NOTICE CLAIMS

6.1 PROMPT PAYMENT
Design‐Builder shall make prompt payment to its Subcontractors and Suppliers within ten (10) Calendar days after receipt of payment from City.

6.2 STOP NOTICE CLAIMS
If at any time there shall be evidence of the existence, whether or not same has been asserted, of any stop notice or claim arising out of or in connection with the performance or default in performance of this Contract or any subcontract or supply contract entered into by Design‐ Builder to perform this Contract, then City shall have the right to retain out of any payment then due or thereafter to become due, in addition to amounts for retainage and as otherwise set forth in Article 9 herein, an amount of (125%) sufficient to discharge such stop notice or satisfy such claim and to reimburse the City and the representatives of City for all costs and expenses in connection therewith, including attorney’s fees. Further, the City, in its sole discretion, shall have the right to discharge or satisfy such stop notice or claim and pay all costs and expenses in connection therewith if the Design‐ Builder does not have such stop notice or claim discharged, bonded, or satisfied within ten (10) calendar days after receiving notice thereof from City, or unless some other procedure for discharge or satisfaction of such stop notice or claim is agreed upon between City and Design‐ Builder. If the amounts retained by City are insufficient for the aforesaid purposes, or if such stop notice or claim remains undischarged or unsatisfied after all payments have been made to Design‐ Builder, then the Design‐Builder shall refund to the City all monies that may have been paid to discharge such lien or satisfy such claims, including costs, expenses and attorney’sfees in connection therewith.

7. CHANGES IN THE WORK

7.1 CHANGES
The City, without invalidating the Contract, and as provided by law, may order extra work or make changes by altering, adding to, or deducting from Work, the Contract Price being adjusted accordingly.

All changes in the Work shall be performed under applicable provisions of the Contract General Conditions GC-31
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Documents. Design‐Builder shall proceed promptly to perform the change unless otherwise directed in writing by the City. In giving instructions, the City Engineer shall have authority to make minor Changes in Work not involving change in cost or time and not inconsistent with the intent of the Contract Documents. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made except in pursuance of a written Change Notice, Change Order or Time and Material Change Order issued by the City, and no claim for addition to contractsum shall be valid unless so ordered.

7.2 AUTHORITY TO ORDER CHANGES

7.2.1 No change shall be made nor extra work done except with the prior approval thereof by the City Engineer and in conformity with the provisions of this Article. Minor changes in the Work that involve no extra cost may be approved, authorized and ordered by the City Engineer.

7.2.2 Design‐Builder shall undertake, at its risk, Work included in any oral request, order, Change Notice, Change Order or Time and Material Change Order issued by a Person in excess of that Person’s authority as provided herein. Any Work performed by the Design‐Builder beyond the lines and grades shown on the Contract Documents or any extra Work performed or provided by the Design‐Builder without notice to the City Engineer shall be considered unauthorized and at the sole expense of the Design‐Builder. Work so done will not be measured or paid for and no extension of Contract Time will be granted on account thereof. Any such Work may be ordered removed at the Design‐Builder’s sole cost and expense. The failure of the City to direct or order removal of such Work shall not constitute acceptance or approval of the Work nor relieve the Design‐Builder from any liability on account thereof.

7.3 OWNER INITIATED CHANGE NOTICE

7.3.1 City may issue a Change Notice, in writing, to the Design‐Builder, describing a proposed Change to the Work and requesting the Design‐Builder to submit a Change Proposal, in a format acceptable to City, within fifteen (15) calendar days after City’s issuance of the Change Notice.

The Change Proposal shall include an analysis of impacts to cost and time, if any, to perform the extra work, or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs (broken down by the categories listed in paragraph 7.5 herein relating to change of the Contract Price) and Design‐Builder’s proposed methods to minimize costs, delay and disruption to the performance of the Work. If Design‐Builder fails to submit a Change Proposal within such period of time, it shall be presumed that the Chang described in the Change Notice will not result in an increase to the Contract Price or Contract Time, and the Change shall be performed by Design‐Builder without such increases. A Change Notice does not authorize the Design‐Builder to commence performance of the changed work, unless otherwise specified in the Change Notice.

If the Parties reach agreement on the cost of pricing such change, a Change Order will be issued. If the Parties do not agree on all terms for performance or compensation of the change, City will issue a unilateral Time and Material Change Order.

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7.4 DESIGN‐BUILDER INITIATED CHANGE ORDER REQUEST
If the Design‐Builder alleges that instructions issued after the date of the Contract will result in increases to the Contract Price or Contract Time, or the Design‐Builder otherwise becomes aware of the need for or desirability of a Change in the Work, a Change Order Request (“COR”) may be submitted to the City Engineer in writing, in a format acceptable to City, and must specify the reasons for such change, including relevant circumstances and impacts on the schedule. Design‐ Builder shall submit a Change Proposal concurrently with the COR. Any Change Order recommendation by the Design‐Builder shall comply with the contract documents and the manufacturer’s material &/or equipment specifications. The Design‐Builder may request additional compensation and/or time through a COR but not for instances that occurred more than five (5) calendar days prior to the COR. Design‐Builder’s failure to initiate a COR within such period shall be deemed a waiver of the right to adjustment of the Contract Price or the Contract Time for the alleged Change. Any COR that is approved by City will be incorporated in a Change Notice, Change Order, or Time and Material Change Order. If the City Engineer determines that the Work in question is not a Change, City Engineer will issue a Work Directive, ordering the Design‐Builder to proceed with the Work without delay. If the COR is denied but the Design‐Builder believes that it does have merit, the Design‐Builder may submit a claim in accordance with the proceduresset forth herein.

7.5 CHANGE ORDER
Definition. A Change Order is a written order implementing Changes in the Work for which adjustments to the Contract Price and Contract Time, if any, have been agreed upon by the parties, prior to the issuance of the Change Order either in the context of a City‐initiated Change Notice or a Design‐Builder‐initiated COR. A Change Order shall be issued by the City Engineer and Contract Administrator and expressly indicates the intention to treat the items described therein as changes in the Work. A Change Order must be issued and signed by the City Engineer and Contract Administrator before any work is started on the items covered by the order.

7.5.1 Determination of Costs. The Contract Price may only be changed by a Change Order or a Time and Material Change Order. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:
a. Lump Sum Method. Acceptable lump sum proposal from Design‐Builder properly itemized and supported by sufficient substantiating data to permit evaluation. Estimates for lump sum proposals shall be limited to direct expenditures necessitated specifically by the subject extra work. In addition, the Design‐Builder and Subcontractor will be paid a lump sum for overhead, profit, and bond. Supervision of the extra work shall be included in the lump sum percentage for overhead.

For added or omitted work by Subcontractors, the Design‐Builder shall furnish to the City the Subcontractor's detailed estimate of the cost for labor, material, and equipment, including the markup by the Subcontractor for overhead and profit. Such estimate of cost shall be signed by the Subcontractor. The same requirement shall apply to any Sub‐subcontractor or materialsupplier. b. Time and Material Method. Direct cost of the work for labor, material, and equipment rental plus markups for all overhead and profit for Design‐Builder, Subcontractor, and General Conditions GC-33
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Sub‐subcontractors as applicable. (Supervision is to be included in markup unless specifically agreed to in advance that special supervision is required.)

7.5.2 Documentation. For either method used, the Design‐Builder shall submit the following information as required by the City Engineer:
a. LABOR: Attach itemized direct hourly rates in
accordance with certified payroll records times total
hours expended. Separately show dollar amount for
employer‐paid payroll taxes/insurance benefits.

Enter total as direct labor item.
b. MATERIAL: Attach receipts, invoices or itemized
quantity and unit costs plus tax and delivery.

Enter total as material item.
c. EQUIPMENT: Attach receipts, invoices or tear
tickets indicating unit costs and total hours or loads
charged. (Small tools with a value of less than
$500.00 are to be included in markup.)
Enter total as equipment rental item.
d. SUBTOTAL (Lines a + b + c)
e. COMBINED MARKUP FOR ALL OVERHEAD AND PROFIT
SHALL BE BASED ON THE FOLLOWING:
(1) For the Design‐Builder, for
work performed by their
forces, fifteen percent (15%)
of their direct subtotal cost.
(2) For the Design‐Builder, for
work performed by a Subcontractor's
forces, five percent (5%) of the
direct subtotal cost due the
Design‐Builder.
(3) For a Subcontractor or Sub‐subcontractor, for
work performed by their own forces,
fifteen percent (15%) of their own
direct subtotal costs.
(4) For a Subcontractor, the sum of all additional
mark‐ups above the Subcontractor
performing work shall not exceed 5% of
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the direct subtotal cost due the Subcontractor.
f. TOTAL (Lines d + e)

7.5.3 Final Agreement. Agreement on any Change Order shall constitute a final settlement of all matters relating to the direct and indirect cost and time of performance of Change in the Work which is the subject of the Change Order including, but not limited to, all direct and indirect costs associated with such Change and any and all adjustments to the Contract Price and Contract Time.

The execution of a Change Order constitutes a mutual accord and satisfaction of the compensation for the Change and Design‐Builder specifically waives and releases any and all claims, rights or interest, including but not limited to those for delay, impact, disruption, acceleration, loss of efficiency or other extraordinary or consequential costs arising directly or indirectly out of the Work described in the Change Order. There shall be no reservation of rights by either party on a Change Order.

7.6 DESIGN‐BUILDER’S OVERHEAD AND PROFIT

7.6.1 Design‐Builder’s Overhead Profit. Extra work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the City Engineer, plus allowances for overhead and profit. The allowance for overhead and profit will include full compensation for superintendence, 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 under Paragraph 7.5. The allowance for overhead and profit will be made in accordance with the provisions of Paragraph 7.5.

7.6.2 It is understood that labor, materials, and equipment for extra work may be furnished by the Design‐Builder or by the Subcontractor of the Design‐Builder. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein will be applied to the labor, materials, and equipment costs of the Subcontractor, to which the Design‐Builder may add five percent (5%) of the Subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of Subcontractors, the five percent (5) increase above the Subcontractor's total cost which includes the allowances for overhead and profit specified herein may be applied one time only.

7.7 EXCLUDED COSTS

7.7.1 The term "direct cost of the work" shall not include any of the following:

7.7.1.1 Payroll costs and other compensation of Design‐Builder's officers, executives, proprietors, partners, principals, general managers, engineers, Design‐Builders, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by the Design‐Builder, whether at the Site or in the Design‐Builder's principal or a branch office for general administration of the Work, all of which are to be considered administrative costs covered by the Design‐Builder's allowance for overhead and profit;
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a. Expenses of the Design‐Builder's principal and branch offices excluding the Design‐Builder's office and facilities at the Site;
b. Any part of Design‐Builder's capital expenses, including interest on the Design‐Builder's capital employed for the Work and charges against the Design‐Builder for delinquent payments;
c. Cost of premiums for all Bonds and for all Insurance whether or not the Design‐Builder is required by the Contract Documents to purchase and maintain the same; (except as provided by Paragraph 7.5); d. Costs due to the negligence or mistake of the Design‐Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; and
e. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section Paragraph 7.5.

7.8 ALLOWABLE COST BASIS

7.8.1 For the purpose of evaluating and approving proposed Change Order costs, the City will use as its basis the latest edition of the RS Means Building Construction Cost Data Book. No other cost data books or manuals will be considered. The maximum allowable cost for Change Orders resulting in additions to the Contract Price shall not exceed the cost of the work identified in the RS Means Cost Data Book, not including Design‐Builder's overhead and profit, and bond as set forth in Reference Section.

7.9 AUDIT RIGHTS

7.9.1 Design‐Builder shall keep a correct and current accounting of payroll costs, travel, subsistence, field and incidental expenses.

7.9.2 Design‐Builder shall use recognized accounting methods in preparing such invoices and reports. City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit Design‐ Builder's accounting procedures and internal controls of Design‐Builder's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If Design‐Builder fails to provide supporting documentation satisfactory to City for any costs charged City, then Design‐Builder agrees that City may delete such items from the invoice or Design‐Builder shall reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Design‐Builder agreesto fully cooperate with any such audit(s).

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7.9.3 This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under this Agreement.

Design‐Builder agrees to retain all necessary records/documentation for the entire length of this audit period.

7.9.4 Design‐Builder will be notified in writing of any exception taken as a result of an audit or pre‐ payment review of an invoice. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Design‐Builder's invoices and/or records shall be made within thirty (30) days from presentation of City's findings to Design‐Builder. If Design‐Builder fails to make such payment, Design‐Builder agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Design‐Builder reimburses City for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges(of any nature) by Design‐Builder to City in excess of one percent (1%) of the value of that portion of the contract that was audited, the actual cost of City's audit shall be reimbursed to City by Design‐Builder. Design‐Builder reserves the right to contest any exception.

7.9.5 Design‐Builder shall include a similar clause in its agreements with Subcontractors reserving the right to designate its own employee representatives from a certified public accounting firm, and/or representative(s) from City, who shall have the right to audit and to examine any cost, payment, settlement or other supporting documentation resulting from any item set forth in its agreements.

7.10 DEDUCTION FROM WORK

7.10.1 The amount of credit to be allowed by the Design‐Builder to the City for a deletion or change that results in a net decrease in the contract sum shall be actual net cost. When both additions and credits covering related work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change.

7.11 DESIGN‐BUILDER AND SURETIES BOUND

7.11.1 Any changes or extra work hereunder shall be a part of and subject to all the provisions of the Contract and the Design‐Builder, and their Sureties shall be bound thereby and to the same extent as under the original Contract.

7.12 TIME AND MATERIAL CHANGE ORDER (TMCO)

7.12.1 If it be impossible or impracticable to ascertain the total cost of changes in the Work to be done before such work is begun, or if no agreement can be reached on changes in the Work and additions to the Contract Price, then a TMCO shall be issued unilaterally by the City Engineer and Contract Administrator instructing the Design‐Builder to do the Work, indicating expressly and unmistakably the intention to treat the items as changes in the Work, setting forth the kind, character and limits of the Work as far as can be ascertained, the terms under which changes to the Contract Price will be determined and the estimated total change in Contract Price anticipated there under. The TMCO shall be fully executed by City. Such TMCO will become the basis for the Change General Conditions GC-37
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Order when the amounts of adjustment to the Contract Price can be determined and the prior approval of the TMCO will be considered necessary authority within the limits of the estimated change in Contract Price. Without additional authority, no costs exceeding the estimated amount will be paid.

7.12.2 The Design‐Builder shall maintain records sufficient to distinguish the direct cost of TMCO work from the cost of other operations. The Design‐Builder shall furnish daily, on forms approved by City, reports of TMCO work. The reports shall itemize all costs for labor, materials, and equipment rental and give a total of costs to date for the Time & Material work. The reports shall include hours worked, rates of pay, names and classifications. The reports shall include equipment size, type, identification number, rental rate, and hours of operation. All records and reports shall be made immediately available to the City Engineer upon request. The cost of furnishing such reports shall be included in Design‐Builder's overhead and profit markups.

7.12.3 All Time & Material reports shall be signed by the Design‐Builder or authorized representative, and witnessed by City’s inspector each and every work day. The City Engineer will compare the City Engineer's records with the Design‐Builder's reports, make the necessary adjustments and compile the costs of Time & Material work. When such reports are agreed upon and signed by both parties, they will become the basis of payment.

7.12.4 Construction Equipment compensation shall not be allowed while it is inoperative due to breakdown. Except as otherwise specified in this Subsection, time will be computed in half and full hours. In computing the time for use of Construction equipment, less than thirty‐one (31) minutes shall be considered one‐half hour. Costs for Construction equipment on standby shall be limited to the sum of the hourly overhead and depreciation rates for eight (8) hours per twenty‐four (24) hour period, accrued after the construction equipment is idle for sixteen (16) hours in a twenty‐four (24) hour period.

7.12.5 City may authorize and approve payment for necessary services and expenditures other than labor, materials, and equipment rentals.

7.12.6 Materials, equipment rental and other costs shall be substantiated by vendors' invoices submitted with the current reports; or, if not then available, shall be submitted with subsequent reports. If vendors' invoices are not submitted within thirty (30) days after completion of the Time & Material work or if in the opinion of the City Engineer the cost of materials is excessive, then the cost of such items shall be deemed to be the lowest current wholesale prices at which the items are available in the quantities required, delivered to the work site, less cash or trade discounts.

7.12.7 Labor costs, overhead and profit, shall conform to that specified in Subsection entitled Change Orders herein.

7.13 FORCE ACCOUNT WORK

7.13.1 If no agreement can be reached on Changes in the Work and adjustment of the Contract Price or Contract Time, or the Design‐Builder refuses to accept a Change Notice, Change Order, or Time and Material Change Order, the City shall have the right to have the work in question done by Persons other than the Design‐Builder.

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8. TIME

8.1 EXTRAORDINARY MEASURES

8.1.1 In the event the City determines that the performance of the Work, as of a Milestone Date identified in Section 2.1 of the Agreement, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Design‐Builder to take corrective measures necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional manpower, equipment, and facilities and, (3) submitting a Recovery Schedule for re‐sequencing performance of the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require Extraordinary Measures is solely for the purpose of ensuring the Design‐Builder's compliance with the Project Schedule.

1. The Design‐Builder shall not be entitled to an adjustment in the Contract Sum in connection with the Extraordinary Measures required by the City under or pursuant to this Section.

2. The City may exercise the rights furnished the City under or pursuant to this Section as frequently as the City deems necessary to ensure that the Design‐Builder's performance of the Work will comply with the Contract Time, any Milestone Date, or completion date set forth in the Contract Documents.

8.1.2 If the Design‐Builder's Project Schedule shows completion of the Work in advance of the Contract completion date, the Design‐Builder agrees that in the event actual completion occurs, for any reason, after the completion date specified in the Design‐Builder's Project Schedule but within the Contract completion date, the Design‐Builder shall not be entitled to and waives any claim against the City for delay, disruption or impact costs or damages including, without limitation, claims for extended general conditions, home‐office overhead, job‐site overhead and management or administrative costs.

8.2 TIME EXTENSIONS

8.2.1 If the Critical Path is delayed at any time in the progress of the Work by the Non‐ Compensable Delays defined in the Agreement, and did not result from the acts of the Design‐ Builder, and provided further that the Design‐Builder has taken reasonable precautions to prevent further delays owing to such causes, then the Contract Time shall be extended by Change Order. The Design‐Builder agrees that the extension of time granted under this Section shall be its sole and exclusive remedy for the consequences of any delay described above.

8.2.2 Any claim for extension of time shall be made in writing to the City not more than ten (10) days after the commencement of the delay. Within thirty (30) days after such delay the Design‐ Builder shall furnish the City with detailed information concerning the circumstances of the delay, the General Conditions GC-39
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number of days actually delayed, the appropriate Contract Document references, and the measures taken to prevent or minimize the delay. The Design‐Builder acknowledges the extreme importance of promptly notifying and thoroughly documenting any request for time extension, and further specifically acknowledgesthat the City will suffer extreme prejudice should Design‐Builder fail in any way to comply with this requirement. Failure to comply with the procedures contained within this Section including the time limits established in this Sub‐ section shall constitute a waiver of such request. Evidence presented by the Design‐Builder that the City had actual notice of the time extension request, that the City was not prejudiced by Design‐Builder's failure to comply with this requirement, and/or that the City considered Design‐Builder's request despite Design‐Builder's failure to strictly comply with this provision shall not render this requirement unenforceable.

8.2.3 An extension of time will not be granted for a delay caused by a shortage of materials, except the City furnished materials, unless the Design‐Builder furnishes to the City documented proof that the Design‐Builder has made every effort to obtain such materials from every known source within reasonable reach of the Work. The Design‐Builder shall also submit proof, in the form of network analysis data, that the inability to obtain such materials when originally planned did, in fact, cause a delay in Final Completion of the Work which could not be compensated for by revising the sequence of operations. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. No consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost, unless it is shown to the satisfaction of the City that such material could have been obtained only at exorbitant prices, entirely inconsistent with current rates taking into account the quantities involved and the usual practices in obtaining such quantities, and that such fact could not have been known or anticipated at the time the Contract was entered into.

8.2.4 No extension of time will be granted under this Section for any delay to the extent (1) that performance would have been so delayed by any Design‐Builder induced causes, including, but not limited to, the fault or negligence of the Design‐Builder or its Subcontractors; or (2) for which any remedies are provided for or excluded by any other provision of the Contract.

8.2.5 A Change Order will be issued to the Design‐Builder within a reasonable period of time after approval of a request for extension of the Contract Time, specifying the number of days allowed, if any, and the new date or number of calendar days after the date of commencement for completion of the Work or specified portions of the Work.

8.2.6 An extension of time granted shall not release the Design‐Builder's Surety from its obligations.

Work shall continue and be carried on in accordance with all the provisions of the Contract and said Contract shall be and shall remain in full force and effect during the continuance and until Final Completion and Final Acceptance of the Work covered by the Contract unless formally suspended or annulled in accordance with the terms of the Contract.

8.2.7 Neither the grant of an extension of time beyond the date fixed for Substantial Completion of the Work, nor the performance and acceptance of any part of the Work or materials specified by the Contract after the time specified for Substantial Completion of the Work, shall be deemed to be a waiver by the City of the City's right to abrogate this Contract for abandonment or failure to complete within the time specified or to impose and deduct damages as may be provided.

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9. PAYMENTS AND COMPLETION

9.1 PAYMENTS TO DESIGN‐BUILDER

9.1.1 Before the first Application for Payment, the Design‐Builder shall submit to City a detailed Schedule of Values, which shall be used as the basis for payment.

9.1.2 Within thirty (30) calendar days of receipt of a complete Invoice for Payment, the City will make a partial payment upon the request of the Design‐Builder on the basis of an approved estimate of the Work performed during the preceding calendar month under this Contract. The City will retain from such payments five percent (5%) of the amount of each estimate until sixty (60) days after Final Completion and acceptance by the City of all the Work covered by this Contract. No such estimate or partial payment shall be required to be made when, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the Work done since the last estimate is less than Five Hundred Dollars ($500.00).

9.1.3 It is mutually agreed between the parties hereto that the making of any payment to the Design‐Builder under this Contract or any certificate given shall not relieve the Design‐Builder of their guarantee obligations or responsibilities under this Contract, or full compliance with the Contract Documents, including the Plans, Drawings, and Specifications, or be construed as accepting any portion of the equipment, materials or work until the Contract is fully complete and formally accepted by the City.

9.1.4 The Design‐Builder further agrees that the payment of the final amount due under the Contract, and the adjustment and payment for any extra work done and work in accordance with any changes of the same, shall release the City of Brea, its officers, agents and employees from any and all claims or liability on account of the work performed under the Contract, and any changes thereof, and any extra work.

9.1.5 At the request and expense of the Design-Builder, in accordance with California Public Contract Code Section 22300, in lieu of Owner withholding the five percent (5%) retention, the DesignBuilder may: (1) substitute a deposit of securities at least equivalent to the retention to be paid, or (2) request Owner to pay retention directly to an escrow agent. If the Design-Builder requests that retention be paid into an escrow account, the Design-Builder and Owner shall enter into an escrow agreement in the exact form set forth in the Public Contract Code Section 22300. All forms or correspondence pertaining to Security Deposit in Lieu of Withhold shall be addressed to Owner for review by the legal counsel for Owner.

9.2 APPLICATION FOR PAYMENT

9.2.1 In submitting each Application for Payment, Design‐Builder warrants that title to all Work covered by each Application for Payment shall pass to the City pursuant to this Agreement.

The Design‐Builder further warrants that all Work covered by the previous Application for Payments is free and clear of liens, claims, security interest or other encumbrances.

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9.2.1.1 Each Application for Paymentshall:

1. Reference the Project;

2. Describe the services performed;

3. Include an estimate of the percentage of Work completed;

4. Show the total amount of the payment due;

5. Include a certification by a principal member of the Design‐Builder's firm as Design‐Builder and by the Design Team Members identified in this Agreement, that the Work has been performed in accordance with the provisions of the Contract Documents;

6. Maintain and, upon request, include such documentation as may be necessary to substantiate the percentage of completion of Work;

7. Include duly completed and executed forms of Conditional Waiver and Release in accordance with California Civil Code Section 8122, et seq., of all persons eligible to file stop notices in connection with the Work covering the payment requested;

8. Include duly completed and executed forms of Unconditional Waiver and Release, in accordance with California Civil Code Section 8122, et seq., of all persons eligible to file stop notices in connection with the Work covering the payment received by Design‐Builder for the previous Application for Payment;

9.3 PAYMENT

9.3.1 Upon submission of any such Application for Payment, if City is satisfied that Design‐ Builder is making satisfactory progress toward completion of Work in accordance with this Agreement, City shall promptly approve the Application, in which event payment shall be made within thirty (30) days of receipt of the Application by City. Such approval shall not be unreasonably withheld. If the City does not approve an Application for Payment, City shall notify Design‐ Builder in writing of the reasons for non‐approval within seven (7) calendar days of receipt of the Application.

9.3.2 Subject to verification of the value of Work completed, the City shall pay the Design‐ Builder for the percentage of Work completed through the period covered by the Application for Payment, less 5% retainage.

9.3.3 City shall have the right, but not the obligation, to make payments jointly to Design‐ Builder and any of its Subcontractors or suppliers.

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9.4 SUBSTANTIAL COMPLETION

9.4.1 Substantial Completion is defined to mean the stage in the progress of the Work when, in the City's sole and reasonable discretion, the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy and utilize the Work for its intended use and:

1. There are no stop notice or pending claims against construction funds, or Design‐ Builder has provided release bonds or other adequate security to City to satisfy such claims;

2. All systems included in the Work are operational as designed and tested;

3. Design‐Builder provides evidence that it has completed or is ready to perform designated instruction and training of City's personnel in the operations and maintenance of the Work that has been completed;

4. All final finishes, fixtures and equipment required by the Contract Documents are in place;

5. Certifications are submitted from all Design-Build Team Members that the Work has been completed in accordance with the design and the Contract Documents; and

6. Design‐Builder has submitted to City a written certification that all remaining Work shall be completed within thirty (30) calendar days following the date of Substantial Completion, and that reproducible as‐built drawings will be completed and submitted to City within thirty (30) calendar days following the date of Substantial Completion.

9.4.2 When the Design‐Builder considers that the Work is Substantially Complete, as defined herein, the Design‐Builder shall prepare and submit to the City a written request for issuance of a Certificate of Substantial Completion and a comprehensive list of items to be completed. The Design‐ Builder shall proceed promptly to complete and correct the items. Upon receipt of the Design‐ Builder’s request for issuance of a Certificate of Substantial Completion, the City will make an inspection to determine whether Substantial Completion has occurred. The City may either reject the Design‐Builder’s request for issuance of a Certificate of Substantial Completion or issue a Certificate of Substantial Completion with the punch list items of Work to be completed or corrected (“Punch list”) and fixing the time within which Design‐Builder shall complete the Punch list items and achieve Final Completion. Failure to include an item on the Design‐Builder’s list does not alter the responsibility of the Design‐Builder to complete all Work in accordance with the Contract Documents.

9.5 FINAL COMPLETION AND FINAL PAYMENT

9.5.1 The Design‐Builder shall, upon completion of the Work and final clean up, submit to the City Engineer a sworn Affidavit of Final Completion, signed by Design‐Builder and each of the Design-Build Team Members that, to the best of the signatory’s knowledge and belief, the Work has been completed in strict accordance with the Contract Documents, that no lawful debts for labor or materials are outstanding, that all requests for funds for undisputed Work under the Contract, including changes in the Work, and under all billings of whatever nature are accurate, complete and General Conditions GC-43
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final, and that no additional compensation over and above the final payment will be requested or is due under the Contract or under any adjustment issued there under for said undisputed Work, and that upon receipt of final payment the Design‐Builder will release City from all claims or liability for additional sums on account of undisputed Work. The City will inspect the Work and will either reject the request or accept the Work as evidenced by the recordation of a Notice of Completion.

9.5.2 Neither final payment nor any final release of retainage shall become due to Design‐ Builder until a maximum of thirty-five (35) days following completion of all punch list Work, Final acceptance by the City, City’s recordation of a Notice of Completion, Final Certificate by the appropriate governmental agency, and the Design‐Builder submits to the City:

9.5.2.1 Completed and executed forms of unconditional waiver and release of rights from all persons eligible to file stop notices in connection with the previous application for payment;

9.5.2.2 Completed and executed forms of unconditional waiver and release of rights upon final payment in accordance with California Civil Code Section 8122, et seq., from all persons eligible to file stop notices in connection with the Work;

9.5.2.3 An affidavit or declaration that all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible, have been paid or otherwise satisfied;

9.5.2.4 Consent of surety to final payment;

9.5.2.5 Data establishing payment or satisfaction of all obligation such as receipts, releases and waivers from all persons legally eligible to file stop notices in connection with the Work;

9.5.2.6 Submittal of As‐Built Drawings meeting the requirements of the City of Brea CAD manual;

9.5.2.7 Submittal of warranties, operational and maintenance manuals, and other submittals required by the Contract Documents;

9.5.2.8 Submission of Design‐Builder's Waiver, removal of temporary facilities and services; and

9.5.2.9 Such other documentation as the City may reasonably require.

9.6 CITY TO WITHHOLD PAYMENT
In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Design‐ Builder, as in the judgment of City Engineer may be necessary to cover:

9.6.1 Payment, which may be due, and payable for just claims against the Design‐Builder or any Subcontractor for labor, materials or equipment in the performance of this Contract.

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9.6.2 Defective or non‐conforming work not remedied.

9.6.3 Failure of the Design‐Builder to make proper paymentsto their Subcontractors.

9.6.4 Failure to withhold such amounts shall not affect any rights or obligations of the Design‐ Builder or Sureties under this Contract.

9.7 DISPUTED ITEMS
In the event of a dispute between City and Design‐Builder, the City may withhold from final payment an amount not to exceed 150% of disputed items including all incomplete punch list items and those items necessary to obtain a final Certificate of Occupancy.

9.8 WAIVER OF CLAIMS
Acceptance of Final Payment by the Design‐Builder shall constitute a waiver of affirmative claims by the Design‐Builder, except those previously made in writing and identified as unsettled of the time of final payment.

10. PROTECTION OF PERSONS AND PROPERTY

10.1 SAFETY PRACTICES

10.1.1 The Design‐Builder shall provide such lights, guards, temporary fences, barricades and the like, as may be necessary to prevent damage to the work or injury to persons or property, and they shall also provide protection for adjoining property during the progress and until completion of the Work. The Design‐Builder shall abide by all applicable Safety Orders of the Division of Industrial Safety, State of California, and ordinances of the City, and shall schedule and perform their work to avoid any danger or hazard to other Contractors or workers on the Project, or their own men due to work being performed by others.

10.1.1.1 Except as otherwise provided, the Design-Builder shall enclose the site of the Work with a chain link fence adequate to protect the Work and temporary facilities against acts of theft, violence, or vandalism. All fencing shall be provided with a canvas, or similar, screen to obstruct the Project site from general public visibility.

10.1.1.2 In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Project site, provided however, that any portions damaged or defaced shall be replaced at the Design-Builder’s expense prior to final acceptance.

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closures or guard service to protect such openings. Temporary openings shall be fenced when no longer necessary.

10.1.1.4 The Design-Builder shall continuously remain in full compliance with all Fire Safety During Construction and Demolition requirements of the current California Fire Code as it is enforced by the AHJ. The City shall have the right to direct the DesignBuilder to suspend Work if at any time the Design-Builder is found to be in noncompliance with this paragraph, and such work shall not be recommenced until all deficiencies have been corrected.

10.1.2 Weekly safety meetings with the Design‐Builder's representatives and City representatives shall be held if, in the opinion of the City Engineer, conditions on the Project warrant such meetings.

10.1.3 Before the commencement of construction, the Design‐Builder shall supply the City with Material Safety Data Sheets (MSDS) for all chemicals to be used in the performance of this Contract.

The City will make available to the Design‐Builder the MSDS of any products in use in the areas of work covered by this Contract. All hazardous materials to be properly disposed of off‐site.

10.1.4 The Design‐Builder is fully responsible for the safe performance of all work for which they are contractually committed, whether performed by themselves or by their Subcontractors. The Design‐Builder must provide adequate protection for the health and safety of City employees, the general public and their own personnel. The Design‐Builder must have in place their own Injury and Illness Prevention Program as required by Labor Code § 6401.7 and Title 8 § 1509 and § 3203 of the California Code of Regulations and shall submit same to the City Safety Officer for review.

California law also requires that the aforementioned program cover all employees and personnel controlled, directed or supervised by the Design‐Builder to the extent that they are exposed to worksite and job assignment specific hazards.

10.1.4.1 The program shall be written and shall include but not be limited to the following elements:

10.1.4.2 Identification of the person or persons responsible for implementing the Design‐ Builder's safety program. List name of the Design‐Builder’s on‐ site Safety Representative.

10.1.4.3 The Design‐Builder's system for identifying and evaluating workplace hazards including scheduled periodic inspections to identify unsafe conditions and work practices.

10.1.4.4 The Design‐Builder's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. The Design‐ Builder shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.

10.1.4.5 The Design‐Builder’s occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide General Conditions GC-46
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specific instruction with respect to hazards specific to each employee's job assignment.

10.1.4.6 The Design‐Builder's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the Design‐Builder of hazards at the worksite without fear of reprisal.

10.1.4.7 The Design‐Builder's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

10.1.4.8 The Design‐Builder shall keep appropriate records of steps taken to implement and maintain the program such as inspection and training documentation. Design‐ Builder shall provide inspection checklist and training documentation form to City on a monthly basis.

10.1.4.9 The Design‐Builder shall include procedures to investigate occupational injury or occupational illness.

10.1.4.10 For Construction projects the Design‐Builder shall adopt a written code of safe practices which relates to the employer’s operations. Tailgate meetings shall be held weekly with employees/crews.

11. INSURANCE AND BONDS

11.1 INSURANCE REQUIREMENTS

11.1.1 Design‐Builder will obtain and maintain in full force and effect during the term of this Agreement insurance in accordance with the Design-Build Agreement. Design‐Builder will cause information concerning any reduction, change or cancellation of coverage to be promptly furnished to Owner. If Design‐Builder fails to purchase and maintain any insurance required under this Section

11.1, and such failure remains unremedied for five (5) calendar days after written notice thereof from City, then City may, but will not be obligated to, purchase such insurance on behalf of Design‐Builder and will be entitled to be reimbursed by Design‐Builder promptly upon demand. Design‐Builder's insurance shall cover fully Design‐Builder's financial responsibility and liability for the acts, errors, omissions, negligence, fault, or omission of, Design‐Builder's subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Design‐Builder.

The provisions requiring Design‐ Builder to carry insurance will not be construed in any manner as waiving, restricting or limiting the liability of Design‐Builder as to any obligations imposed under this Agreement, whether or not same are, or may be, covered by insurance or self‐insurance.

11.2 BONDS

11.2.1 General. The Design‐Builder shall promptly furnish, at their own cost and expense, the requisite Faithful Performance and Payment Bonds with a responsible Corporate Surety authorized to issue such bonds in California on the bond forms provided by the City, and subject to approval of the City Attorney. The bonds shall be executed by a California admitted surety with the General Conditions GC-47
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Best’s Insurance Guide rating satisfactory to the City. If a Best’s Insurance Guide rating is not available, the proposed Surety must meet comparable standards of another rating service satisfactorily to City. Bonds issued by a surety listed in the latest version of the U.S. Department of Treasury Circular 570 shall be deemed to be accepted unless specifically rejected by City. Bonds from sureties not listed in Treasury Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil Procedure Section 995.660(a). Every Bond must display the Surety’s bond number and incorporate the Contract by reference. The terms of the Bonds shall provide that the Surety agrees that no change, extension of time, alteration or modification of the Contract Documents or Work to be performed thereunder shall in anyway affect its obligations and shall waive notice of any such change, extension of time, alteration or modification of the Contract Documents.

11.2.2 Faithful Performance Bond. The Faithful Performance Bond shall be in the form provided by the City and shall be in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price. The bond shall be furnished as a guaranty of the faithful performance of all covenants, terms, conditions, and stipulations contained in the Contract Documents including, but not limited to, the covenants that all materials used and workmanship employed in the performance of the Contract shall be free from defects, and that should any defects therein appear within a period of one year from the date of acceptance by the City, the Design‐Builder shall, at their own cost and expense, repair, replace and correct such defects to the satisfaction of the City Engineer within thirty (30) days after notice thereof by the City.

11.2.3 Payment Bond. The Design‐Builder to whom the contract is awarded shall, in addition to the Faithful Performance Bond, furnish a Payment Bond using a form provided by the City, in the sum of not less than one hundred percent (100%) of the maximum amount of the Contract Price and shall be conditioned and provide that if the Design‐Builder, or their Subcontractors, fails to pay for any materials, transportation, appliances, or utilities used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the UnemploymentInsurance Act with respect to such work or labor, said Surety will pay the same in an amount not exceeding the sum set forth above, and also in case suit is brought upon this bond a reasonable attorney'sfee to be fixed by the Court.

11.3 RESPONSIBILITY FOR LOSS TO WORK
The Design‐Builder shall take every necessary precaution against and assume all liability for injuries to persons or damages to property during the performance of the Contract caused by any equipment or materials furnished or work done under the Contract or the operation thereof until completion and acceptance of the work by the City.

11.3.1 Damage and Theft. The Design‐Builder may insure the equipment, materials and work to cover Design‐Builder's interest in the same from time to time, as required. The City will not, under any circumstances, be liable, answerable or accountable for any theft, loss or damage, however and by whatever cause, to said equipment, materials and work, or any part or parts thereof, used or employed in fully completing the Contract, until after the contract is completed and formal acceptance of the work by the City.

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11.3.2 Alternative Blanket Insurance Policies. Alternative blanket insurance policies complying with the above requirements carried by the Design‐Builder, or acceptable and approved certificates and endorsements thereof, may be substituted for specific policies upon approval by the City’s Risk Manager.

12. QUALITY AND CORRECTION OF WORK

12.1 QUALITY OF WORK AND MATERIAL

12.1.1 All work must be done and completed in a thorough, workmanlike manner by mechanics skilled in their various trades, notwithstanding any error or omission in the Contract Documents, and all parts shall be made accurately to standard gauge so that renewals and repairs may be made when necessary with the least possible expense. All materials employed shall be new and homogenous and of high quality throughout. Any forgings and castings shall be free from flaws and imperfections, the determination of which shall follow the latest and most improved practice. All Work must be in accordance with the Contract Documents and shall be made to conform thereto.

Any material specified by reference to the number, symbol or title of a standard such as ASTM shall comply with the requirements of the latest revisions thereof or any supplement or amendment thereto except where a different edition is specified. The referenced standards shall have the same force and effect as if they were printed in full in the Contract Documents. If the Design‐Builder wishes to use codes or standards not specified in the Contract Documents, Design‐Builder shall submit for approval sufficient information to City to determine equivalency. The Design‐Builder shall be held to guarantee all material, apparatus, and equipment to fulfill all requirements and special guarantees set forth in the Specifications.

12.1.2 Should the test of any material, apparatus, or equipment show that it does not meet the guarantees or requirements of the Contract Documents, the Design‐Builder shall at once proceed to furnish such new parts as may be necessary to bring it up to requirements. All expenses of furnishing new parts, or alteration to existing parts, and of tests made necessary by such failure to meet the guarantees and other requirements of the Specifications, shall be at the expense of the Design‐Builder.

12.2 QUALITY ASSURANCE / QUALITY CONTROL PLAN

12.2.1 General. Based upon code/industry standards, manufacturer’s recommendations, and the Design‐Builder’s proposal, the Design‐Builder shall prepare and maintain a Quality Assurance/Quality Control Plan (QA/QCP) to address all quantitative performance/specification requirements, installed conditions and operating characteristics. The QA/QCP is intended to document those inspections/tests necessary to assure the City that product delivery, quality and performance are as required. It also serves as an inspection coordination tool between the Design‐ Builder and the City.

12.2.2 Content. For each requirement, the QA/QCP shall identify item/system to be tested, exact test(s) to be performed, measured parameters, inspection/testing organization, and the stage of construction development when tests are to be performed. Organize the QA/QCP into volumes.

Each inspection/test shall be coded and referenced on timeline charts to identify when tests should General Conditions GC-49
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be performed. The Design‐Builder is not relieved from required performance tests should these not be included in the plan. The QA/QCP content/level of development is represented by the following:

INSTRUCTION FOR PREPARING QUALITY ASSURANCE / QUALITY CONTROL PLAN

1. Divisions. Unless otherwise accepted by the City, organize major subjects heading according to building systems and/or features. Including:

Foundations Fire Suppression Security Systems
Substructure Utilities/Site Work Fire Alarm System
Building Envelope Power Distribution Telecommunications Roofing Emergency Power Building Automation Systems
Interior Finishes Lighting Material Handling Systems
HVAC Structural Frame & support
Concr
Special Equipment Systems
Plumbing Concrete and steel component

2. Component Subdivision. For each major heading, identify components/features to be tested.

3. Test Parameters. For each inspection/adjustment/test parameter, identify the methodology, test equipment, required preparation, adjustment contemplated, test result comparison to that of design, the approximate time of occurrence, and who will do the work. Consider use of tubular or bullet references.

4. Test Report. For each inspection/adjustment/test parameter, identify the methodology, test equipment, required preparation, adjustment contemplated, test result comparison to that of design, the approximate time of occurrence, and who will do the work. Consider use of tabular or bullet references.

12.2.3 Division. The Design‐Builder shall organize inspection/testing descriptions in accordance with Construction Specifications Institute (CSI) divisional headings, UNIFORMAT system headings, chronological/sequence or combinations thereof to delineate all facets of design and construction.

12.2.4 Component Subdivisions. For each divisional heading, the Design‐Builder shall identify all subsystems, equipment items, and/or components which influence operation, function, quality or demonstrates attainment of performance requirements.

12.2.5 Test Parameters. Identify each test parameter and represent each operating condition and all control modes of operation. For operating equipment, tests shall typically include the following for each mode of operation; capacity, flow rates, inlet/outlet conditions (temperature/pressure), power consumption, efficiency, verification of sequence start‐ up/shutdown, alarm conditions, utility submetering, noise generation, and observed deficiencies or improper operation. Lighting tests shall identify footcandle readings, verification of automatic control and working condition of electrical submetering. Power systems typically involve measuring General Conditions GC-50
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voltage/spikes, current draw, ground resistance and working condition of electrical submetering. For static architectural/structural systems, tests shall typically include verification of location, item counts, material tests, finish grades clearance/accessibility.

12.2.6 Test Reports. For each inspection/adjustment/test parameter, identify the inspection/test procedures, required preparation, adjustments, adjustments contemplated, test result comparison to that designed, time of occurrence, mode of operation, and the firm(s) to perform/witness the work.

12.2.7 Format. The QA/QCP shall be bound in loose 3‐hole binders (for 8/12 x 11inch paper) to allow insertion of changes and new inspection materials. All text shall be typed. Tabs shall be provided at the component level.

12.2.8 Submission. The QA/QCP shall be prepared during design development and submitted in accordance with the requirements specified. The QA/QCP may be rejected as incomplete if there is any performance, condition or operating test which is not covered therein.

12.2.9 Updating. During construction, the Design‐Builder must update the plan at least two weeks prior to performing referenced tests, notifying the City and the City Engineer of schedule and procedural changes.

12.3 UNCOVERING OF WORK

12.3.1 If a portion of the Work is covered contrary to the City Engineer’s request or to requirementsspecifically expressed in the Contract Documents, it must, if required in writing by the City Engineer, be uncovered for the City Engineer’s observation and be replaced at the Design‐ Builder’s expense without change in the Contract Time.

12.3.2 If a portion of the Work has been covered which the City Engineer has not specifically requested to observe prior to its being covered, the City Engineer may request to see such Work and it shall be uncovered by the Design‐Builder. If such Work is in accordance with the Contract Documents, cost of uncovering and replacement shall, by appropriate Change Order, be at the City’s expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Design‐Builder’s expense unless the condition was caused by the City or a separate Contractor, unrelated to this agreement between City and Design‐Builder, in which event the City shall be responsible for payment of such costs.

12.4 CORRECTION OF WORK

12.4.1 Before Substantial Completion.

12.4.1.1 The Design‐Builder shall promptly correct Work rejected by the City Engineer or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the City Engineer’s services and expenses made necessary thereby shall be at the Design‐Builder’s expense.

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12.4.2 After Substantial Completion.

12.4.2.1 In addition to the Design‐Builder’s warranty obligations under the Agreement if, within three (3) years after the date of Substantial Completion of the Work or designated portion thereof after the date for commencement of an applicable special warranty required by the Contract Documents, the Design‐ Builder shall promptly repair or replace any of the Work which is found not to be in conformance with any requirement of the Contract Documents after receipt of written notice from the City to do so, unless the City has previously given the Design‐Builder a written acceptance of such condition. The City shall give such notice promptly after the discovery of the condition.

12.4.2.2 The Design‐Builder shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate Contractor caused by the Design‐Builder’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents.

12.4.2.3 Nothing contained in this Paragraph 12.4 shall be construed to establish a period of limitation with respect to other obligations which the Design‐Builder might have under the Contract Documents. Establishment of the three (3) year period for correction of Work as described in Subparagraph 12.3.2 relates only to the specific obligation of the Design‐Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design‐Builder’s liability with respect to the Design‐Builder’s obligations other than specifically to correct the Work.

13. DESIGN SUBMISSIONS

13.1 APPLICABILITY

13.1.1 This clause applies to requirementsfor submissions after the award of contract.

13.2 DESIGN REVIEWS

13.2.1 The Design‐Builder shall provide two (2) design submissions corresponding to the following levels of design development: “Design Development (60 percent), and “Construction Documents” (90 percent). If the Project is phased, two (2) separate submissions shall be made for each phase. As part of its review, the City will offer submission reviewsto code officials.

13.2.2 The City’s review and acceptance of any design submission, including “Construction Documents”, shall not relieve the Design‐Builder of its responsibility to meet the requirements of the RFP and its Proposal.

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13.3 PURPOSE
City will review Design‐Builder design submissions for adherence to contract requirements reflected within the program materials and the Design‐Builder’s proposal. Design reviews by City are not to be interpreted as resulting in an approval of the Design‐Builder’s apparent progress toward meeting contract requirements but are intended to discover any information which can be brought to the Design‐Builder’s attention which might prevent costly errors and misdirection. The Design‐Builder shall remain completely responsible for designing and constructing the building in full compliance with the requirements of this contract.

13.4 RESOLUTION OF COMMENTS
The Design‐Builder shall resolve all design review comments in writing, indicating one of the following: (1) Adoption and action taken, (2) Adoption with Modifications and action taken, (3) Alternative Resolution and action taken, or (4) Rejection. In cases other than unqualified adoption, the Design‐Builder shall provide a statement as to why the reviewer’s objection and/or recommendation is inappropriate. Design review comments shall not relieve the Design‐Builder from compliance with terms and conditions of this contract. Design‐Builder’s comment resolution shall be transmitted to the City Engineer within fourteen (14) calendar days of comment receipt.

13.5 SCHEMATIC DOCUMENTS (NOT USED)

13.6 DESIGN DEVELOPMENT DOCUMENTS
This submission provides preliminary working drawings and a draft of final construction specifications. Include list of all proposed final drawings and proposed specification sections. It also requires final calculations for selection and sizing of all building features, systems and equipment.

Drawings shall be complete in detailing floor plan views, exterior elevations, building sections, system distributions, riser diagrams, and equipment description schedules. The following summary listing of submission requirements further identifies drawings, calculations and specification requirements.
(A) Drawings. Provide the following:

1. Site Plans and Floor Plans

2. All framing drawings

3. Interior wall/partition details.

4. Interior finish schedules.

5. Window/door assembly detailed.

6. Detailed site plans, showing existing features, watering systems, site drainage, etc.

7. Air conditioning and ventilating floor plans with ducts and piping.

8. Sprinkler and standpipe plan and details.

9. Power generator.

10. Location and type of security devices.

11. Fire alarm system diagrams with pull‐box and smoke/heat detector locations.

12. Fire and security center layout.

13. Power distribution, completion of one‐line diagram
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14. Power distribution to major equipment

15. Telecommunication plans, telephone layouts

16. Lighting Plans
(B) Calculations.

1. All structural member sizes, reactions, moments, shear along member, moments of inertia, and section moduli for steel framing members.

2. Floor live and deal loading/deflections, material stresses, floor/roof deflections

3. Energy code calculations.
(C) Specifications. By the design development submission, the Design‐Builder shall provide draft final edited specifications and/or related catalog material which described all building equipment characteristics and material requirements. (D) Finish samples. Finish selection samples must be provided for exterior construction and interior public space even if previously submitted with pre‐ award proposal materials. The City reserves the right to select final finish colors, patterns, and texturesfrom samples meeting contract requirements.
(E) Quality Assurance/Quality Control Plan. The Design‐Builder shall provide a draft final QA/QCP addressing all systems, equipment, materials and construction represented by the design development submission.

13.7 CONSTRUCTION DOCUMENTS
Drawings and specifications must depict/describe all construction work and shall be in final form, to fully support the minimum needs of a prudent, licensed, bonded general contractor experienced with projects of similar size and type. Submitted drawings shall include final versions of those prepared for the intermediate level submission and shall be expanded to include drawings depicting the intermediate level submission and shall be expanded to include drawings depicting construction details, specialty features, and component scheduled. Specifications must reflect resolution of all comments and be edited to address only that construction work to be provided.

13.7.1 Registration Seals. Each final working drawing and each submitted specification and calculation document shall be signed and sealed showing the State Certification Number of the Architect of Record and Engineer of Record and Specialty Consultants who prepared the document and/or is responsible for its preparation, and for supervision of construction.

13.7.2 Quality Assurance/Quality Control Plan (QA/QCP). The QA/QCP shall be complete in all respects addressing all types of inspections/test for work covered by Final Documents submissions, and for mechanical and electricalsystems’ commissioning.

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13.8 BUILDING PERMIT DOCUMENTS
Drawing and specifications shall include a resolution of comments prior to submittals and be adequate for obtaining a building permit.

13.9 PROCEDURES

13.9.1 Design submissions shall be made to the City Engineer and shall be in accordance with the schedule representative within the Design‐Builder’s approved CPM schedule, having an allowance that the City will take four (4) weeksto review each submission.

13.9.2 For each submittal level the Design‐Builder shall provide one reproducible electronic copy via an FTP site plus for (4) hard copies for use by the City Engineer.

14. PROJECT CLOSEOUT

14.1 PREPARATION FOR FINAL INSPECTION AND TESTS
The following steps shall be taken to ensure the Project is in a condition to receive inspections and tests.

14.2 RECORD DRAWINGS
Finalize record drawings/manuals, indicating all “As‐Built” conditions.

14.3 START-UP
Complete start‐up testing of systems and equipment/components as recommended by manufacturers and presented within the QA/QCP.

14.4 INSTRUCTION/TRAINING

14.4.1 Before occupancy, the Design‐Builder shall provide pamphlets describing overall building operation, features/services, building service telephone numbers, and other information required for City orientation to the building. The Design‐Builder shall coordinate text/format with the City and receive approval prior to publishing the document. Provide six (6) copies to the City for distribution.

14.4.2 Operating Staff. The Design‐Builder shall provide formal instruction for up to twenty (20) City designated personnel, addressing the operation and maintenance of all installed equipment.

The Operation and Maintenance manuals developed shall be used as training materials. Unless otherwise accepted by City, training course format shall be split equally between classroom instruction and field exercises. All classroom instruction shall be videotaped, at the sole expense of the Design-Builder, for future reference. Classroom instruction may be supported by professionally made video tapes. If used, a copy of each used video shall be provided for future General Conditions GC-55
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training and reference. The Design‐Builder shall provide a training plan with the final design document submission, addressing all involved building equipment.

14.4.3 Special Training. The Design‐Builder shall provide sixty (60) calendar days of full-time qualified operators to monitor, instruct, and assist City operating staff control, adjust, and maintain the Project’s HVAC system, building automation system, building access control system, and elevator/escalator equipment.

14.5 STOCK
Provide stock items to meet servicing and modification needs. Inventory sheets shall indicate item name, model number, manufacturer, quantity, and storage location. Inventory sheets must be signed by the City identifying receipt of stock items.

14.6 OPERATION AND MAINTENANCE
Provide spare parts, operating supplies and maintenance items/materials as recommended by the manufacturerto fully meet the needs of the first three years of operation.

14.7 TOOLS
Provide all specialized tools, testing apparatus, and other devices as recommended by the manufacturer to operate, adjust, and calibrate equipment provided under this contract. The City shall receive one complete set of these tools even though the facility may be operated by the Design‐ Builder after construction completion. Provide an inventory of these items with location designations within the Operation and Maintenance manual addressed. Inventory sheets will be signed by the City identifying receipt of tools and operation/maintenance apparatus.

14.8 AS‐BUILT DRAWINGS
The Design‐Builder shall provide “As‐Built Drawings” and documents based upon actual site installation, as should be reflected within latest Record Drawing/document. Should Record Drawings not represent As‐Built conditions, the Design‐Builder shall perform field measurements and/or shop drawings takeoffs as required to support accurate As‐Built drawings. Should the City determine that variations exist between finished construction and the As‐Built drawings, the Design‐ Builder shall correct drawings to the satisfaction of the City and in compliance with the City of Brea CAD manual.

14.9 MANUALS
The Design‐Builder shall provide manuals/documentation reflecting “As‐Built” constructed building features/systems, including specifications, shop drawings, design calculations, shop drawings, and operation/maintenance requirements. Manuals shall be bound in three ring binders and fitted with tab sheets to identify major text divisions. All content shall be legible, first generation photo copies or prints of published material. Each manual shall be appropriately titled and provided with an introduction and table of contents. Should the City establish that submitted manual/document General Conditions GC-56
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fails to represent installed conditions, the document shall be returned and corrected by the Design‐Builder to the satisfaction of the City.

14.9.1 Specifications Manual. The Design‐Builder shall provide one (1) electronic and two (2) hard complete sets of all final design specification/documents, retyped or presented in original condition. Specifications shall be precisely edited to match installed features/systems/equipment and materials.

14.9.2 Shop Drawing Manual. The Design‐Builder shall provide one (1) electronic and two (2) hard copies of a shop drawing and product data manual, containing all approved shop drawings submissions.

14.9.3 Design Calculation Manual. The Design‐Builder shall provide one (1) electronic and two (2) final sets of all design calculations associated with the Project, representing both initial design calculations and those analyses associated with contract changes.

14.9.4 Operation and Maintenance Manual. In addition to those manuals required to support training requirements of this Project the Design‐Builder shall prepare one (1) electronic and three (3) detailed Operation and Maintenance Manuals, identifying all procedures, tools, equipment and parts necessary to assure satisfactory operations and to provide maintenance per manufacturer’s recommendations.
(a) Operations. In addition to operating sequences of start‐up and shutdown, all modes of operation shall be described, including emergency /safety shut‐offs, efficiency or energy conservation adjustments, noise/vibration adjustments, control calibration procedures, interpretation of readings and reports, etc. Where equipment is controlled or monitored by the Building Automation System, the manual shall identify all access procedures and available conditions reports.
(b) Maintenance. Maintenance shall address cycles of replacement and use of special tools, lubricants; fuels gages/meters, etc. Also, to be discussed shall be potential hazards and emergency procedures. Include references to record documents, spare parts and material lists, warranties, maintenance agreements and similar continuing commitments.
(c) Equipment Inventory. The manual shall also provide a separate segment of Equipment Inventory sheets.

14.10 SURVEY OF PROPERTY AND OUTSIDE UTILITY LINES
Upon completion of the building, a site survey shall be performed by the Design‐Builder, using a licensed surveyor.

14.11 SURVEY DRAWINGS
The Design‐Builder shall provide an accurately dimensioned/scaled site survey, prepared by a licensed surveyor. Show location and elevation of all utility lines [water, gas, electric, sewer, etc.] General Conditions GC-57
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including valves, connections, and changes in direction as installed under the contract within property lines. Show each property line with dimensions from at least two (2) above grade permanent construction features. Finished drawings shall be sized, formatted and of the same quality/materials to match “As‐Built Drawings.”

14.12 SITE MARKINGS
Points where utility lines leave the property shall be located with corresponding lot monuments/markers. Corners of property lines shall be marked with permanent stakes or another city approved means.

15. MISCELLANEOUS PROVISIONS

15.1 GOVERNING LAW AND SERVICE OF PROCESS

15.1.1 The terms of the Contract Documents shall be interpreted according to the laws of the State of California.

15.1.2 Design‐Builder hereby designates the City Clerk of the City as its local agent for service of process in any legal action or proceeding that may arise out of or in connection with this Agreement. City shall transmit to Design‐Builder a copy of any legal process served on its City Clerk on the same date such service is made, in the manner and to the address set forth herein.

15.2 SUCCESSORS AND ASSIGNS

15.2.1 The Contract Documents shall be binding upon and inure to the benefit of City and Design‐Builder and their successors and assigns.

15.2.2 This Contract, nor any part thereof, shall not be assigned, hypothecated, sold, alienated or transferred by the Design‐Builder or by operation of law or otherwise, and will not be recognized or create any liability of the City thereby, with the sole exception and unless the prior formal approval of the City has been obtained thereto and the Surety has consented thereto in writing filed with the City.

15.3 NO PERSONAL LIABILITY
No member of the City Council or other officer, employee or agent of the City, or their consultants shall be personally responsible for any liability arising under or by virtue of the Contract.

15.4 INTERFERENCE
The Design‐Builder shall employ, insofar as possible, such methods and means in the performance of the work as will cause the minimum of interruption to public utilities, or interference with the work of the City or any other Contractor, or the activities of others whose property may be used by the Design‐Builder.

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15.5 CLEAN PREMISES
The Design‐Builder shall leave all glass, plumbing fixtures, equipment, tile, paint and premisesin clean, perfect and undamaged condition; all buildings, structures, and pavements used by Design‐Builder shall be left broom clean and all debris shall be removed and disposed of by Design‐Builder, and all Design‐Builder's tools and equipment shall be removed from the premises, before acceptance of the work by the City.

15.6 SANITARY FACILITIES
The Design‐Builder shall provide adequate sanitary facilities for all construction personnel at the job site in a location approved by City Engineer, and maintain the same in a clean and sanitary condition and also provide for the removal and disposal of all garbage daily, excrement and waste matter weekly from said premises to the satisfaction of City Engineer.

15.7 PARTNERING
The City intends to encourage the foundation of cohesive partnership with the Design‐Builder and its principle subcontractors and suppliers. Each organization will structure this partnership to draw on the strengths and to identify and achieve reciprocal goals. The objectives are effective and efficient contract performance completion within budget, on schedule, and according to the contract.

This partnership will be bilateral in makeup, and both parties will agree and share equally the costs associated with effecting this partnering.

The Design‐Builder’s management team and the City Engineer will establish the partnering relationship on award of contract and the City and Design‐Builder will jointly arrange two partnering workshops; one approximately six weeks after aware of contract and a second at least one month prior to commencement of construction. The City Engineer and Design‐Builder’s Representative will coordinate in determining attendees, agenda, location and duration of workshops.

Persons attending the workshops will be dependent on the phase of the Project of the firm a workshop is held but will generally include:

1. City Engineer.

2. Representatives of the City of Brea Public Works and/or other City departments.

4. Design‐Build Representative and Senior Management.

5. Design‐Builder’s design consultants and sub‐consultants.

6. City consultants.

7. Design‐Builders QA/QC personnel.

8. Design‐Builder’s Project site engineer.

9. Authorized representatives of subcontractors and suppliers.

The Design‐Builder’s representative and the City Engineer may hold follow‐up workshops periodically throughout the duration of the contract.

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Establishment of a partnership charter on this Project will not change the legal relationship of the parties to the contract nor relieve either party from the terms of the contract.

15.8 ADVERTISING
No advertising of any kind or description, bill posters, printed, painted or by the use of any other method or application legible to human sight, shall appear on any buildings, structures, fences, canopies, posts or signs except valid and authorized legal notices required to be placed thereon.

16. TERMINATION OR SUSPENSION OF THE CONTRACT

16.1 TERMINATION FOR DEFAULT

16.1.1 If the Design‐Builder refuses or fails to commence or prosecute the Work after written notice(s) is(are) provided by the City to the Design-Builder, or any separate part thereof, or with such diligence as will insure its completion within the time specified in this Contract and any authorized extension thereof, fails to perform the Work in strict accordance with the Contract Documents, fails to use an adequate number of skilled workers, fails to make prompt payment to Subcontractors or for material or labor, fails to install Work that is free of defects, or disregards Applicable Laws, the City may serve written notice upon Design‐Builder and its Surety of City’s intention to terminate the Work to be performed under this Contract, such notice to contain the reasons for such intention, and unless within fourteen (14) days after the serving of such notice, such violation shall cease and arrangements satisfactory to City Engineer for the correction thereof be made, upon the expiration of said fourteen (14) days Design‐Builder shall be determined to be in default, and further work thereunder by the Design‐Builder shall immediately cease and terminate.

16.1.2 It is recognized that in the event a voluntary or involuntary petition in bankruptcy is filed by or against the Design‐Builder, or if the Design‐Builder signs or makes a general assignment for the benefit of creditors, or if an application or other procedure for appointment of a receiver for the Design‐Builder or their business is favorably ruled upon by competent authority providing for such appointment of a receiver, such events could impair or frustrate Design‐ Builder’s performance of the Work. Accordingly, it is agreed that upon the occurrence of any such event, City shall be entitled to request of Design‐Builder, or its successor in interest, adequate assurance of future performance in accordance with the Contract Documents. Design‐Builder’s failure to comply with City’s request for adequate assurances within seven (7) calendar days of the request shall entitle City to terminate the Design‐Builder for default.

16.1.3 In the event of any such termination as provided in paragraphs 16.1.1 and 16.1.2 above, legal title to all equipment, materials, and supplies, whether or not incorporated or installed in the work to be done hereunder, and all construction or installations and work done shall complete all the Work to be furnished and done under this Contract in any manner considered to be for the best interest of the City. In completing this Contract, the City may take possession of and use any or all of the materials and supplies in the discretion of the City, for which the Design‐Builder has a valid agreement with the supplier. The City may procure other materials, equipment, and supplies, and provide the necessary labor for the completion of the work, or enter into a Contract therefore, and charge all the costs and expenses to fully complete the Contract to the Design‐Builder. In the General Conditions GC-60
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event such cost and expense to fully complete the Contract shall exceed the amount which would have been due the Design‐Builder under the Contract had it been completed by him, any such excess cost and expense shall be due and paid to the City by the Design‐Builder and their Surety. If Design‐Builder or its Surety fails to pay such amount immediately upon City’s demand, then City shall be entitled to collect interest from the date of said demand.

16.1.4 In lieu of entering the provisions of this section for termination for fault, City may pay the Design‐Builder for portions of Work already completed and treat the unperformed work as if it had never been included in the Contract. If this provision is invoked by City, Design‐Builder shall have no claim for prospective profits on Work not performed.

16.1.5 Upon a determination by a court of competent jurisdiction that any default termination of Design‐Builder, or its successor in interest, was wrongful, such termination will be deemed to be converted to a termination for convenience pursuant to the provisions of this Subsection, and Design‐Builder's remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth herein.

16.1.6 The provisions of this subsection shall be non‐exclusive, and shall be in addition to all other rights and remedies available to City under law or in equity.

16.2 TERMINATION FOR CONVENIENCE

16.2.1 City reserves the right to terminate Design‐Builder’s performance, without regard to cause or fault or breach of Design‐Builder, upon issuance of a written Notice of Termination for Convenience, effective immediately unless otherwise provided in said Notice of Termination.

16.2.2 The amount to be paid to the Design‐Builder by City in the event of termination for Convenience shall consist solely of:

16.2.2.1 The cost of Work completed in accordance with the Contract Documents up to the date of issuance of the Notice of Termination; and

16.2.2.2 The Design‐Builder's reasonable costs of demobilization for a period of thirty (30) days following the effective date of the Notice of Termination, including costs of the Design‐Builder's personnel reasonably required to effectuate the reasonably necessary for the preservation, protection or disposition of the Work.

16.2.3 In no event shall City be responsible for and Design‐Builder hereby waives any claim for overhead or anticipated profits on unperformed work or other economic loss upon termination for convenience.

16.3 SUSPENSION BY CITY FOR CONVENIENCE
The City may, without cause, order the Design‐Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the City may determine. If such suspension, delay or interruption causes the Design‐Builder to incur increased cost for the performance of the Work, an adjustment to the Contract Price shall be made for such costs as are directly attributable to such General Conditions GC-61
Carbon Canyon BPS No. 2 Improvements
suspension, delay or interruption. If such suspension, delay or interruption causes a delay to the critical path of the Work, an adjustment to the Contract Time shall be made.

17. LABOR CODE REQUIREMENTS AND PREVAILING WAGE RATES

17.1 In accordance with the provisions of Division 2, Part 7, Chapter 1 of the Labor Code, the general prevailing rates of per diem wages for each craft, classification and type of work needed to execute this Project have been determined by the Director of the California Department of Industrial Relations. The Design‐Builder and each Subcontractor shall pay all workers not less than the prevailing wage rates as determined by the Director of Industrial Relations in accordance with the provisions of the Labor Code. As provided in Labor Code Section 1775, the Design‐Builder shall forfeit, as a penalty to the City, Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for such work or craft in which such worker is employed for any work done pursuant to the Contract Documents by Design‐ Builder or by any Subcontractor in violation of the provisions of the Labor Code and, in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker was paid less than the stipulated prevailing wage rates, shall be paid to each worker by Design‐ Builder.

17.1.1 Design‐Builder shall strictly adhere to the provisions of the Labor Code, including Sections 1810 through 1813 and 1815, regarding minimum wages, the 8‐hour day and 40‐hour week, overtime, Saturday, Sunday, and holiday work. Design‐Builder shall forfeit to City the penalties prescribed in the Labor Code for noncompliance, including the penalties set forth in Section 1813 for violations of Sections 1810 through 1815.

17.1.2 Design‐Builder shall comply with the provisions of Labor Code, Sections 1777.5 and 1777.6, and Title 8, Code of Regulations, Sections 200, et seq., relating to apprentice employment and training. Design‐Builder shall assume full responsibility for compliance with said sections with respect to all apprenticeable occupations upon the Project. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, Design‐ Builder should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices, prior to commencement of the Work. In the event of noncompliance by Design‐Builder, City shall withhold the penalties provided for under Section 1777.7 of the Labor Code from progress paymentsthen due.

17.1.3 Pursuant to the requirements of Section 1860 of the Labor Code, Design‐Builder will be required to secure the payment of workers’ compensation to their employees in accordance with the provisions of Section 3700 of the Labor Code.

17.1.5 The Design‐Builder shall comply with the applicable provisions of the Labor Code and implementing regulations relating to Labor Nondiscrimination.

17.1.6 The Design-Builder’s attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that General Conditions GC-62
Carbon Canyon BPS No. 2 Improvements
is subject to Labor Code Section 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

17.2 Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pensions and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The Design‐Builder shall obtain a copy of the prevailing wage rate determinations of the Director of the Department of Industrial Relations and post it in a conspicuous place on the job site.

17.3 The City will not recognize any claim for additional compensation because of the payment by the Design‐Builder of any wage rate in excess of the prevailing wage set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Design‐Builder in determining their bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.

17.4 Pursuant to Labor Code Section 1776, Design‐Builder shall maintain and make available an accurate record in such form as required by the Department of Industrial Relations which includes, but is not limited to, the name of each worker and hours worked each day and each week by each worker employed by Design‐Builder performing services covered by this Agreement. Design‐Builder and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Design‐Builder is responsible for compliance with Section 1776 by itself and all of its subcontractors. The Design‐Builder shall post job site notices, as prescribed by regulation.

17.5 The Design‐Builder shall forfeit as a penalty to the City Twenty Five Dollars ($25) for each worker employed in the execution of the Work by the Design‐Builder or any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Labor Code and, in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by the employees of Design‐Builder or Subcontractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon compensation of all hours worked in excess of eight (8) hours per day at not less than one and one‐half times the basic rate of pay as provided in said Section 1815.

17.6 The Design‐Builder shall pay to all workers needed to execute the contract all travel and subsistence payments defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code of the State of California.

17.7 Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Design‐Builder or each Subcontractor.

17.8 The Design‐Builder and each Subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in the employment of apprentices.

General Conditions GC-63
Carbon Canyon BPS No. 2 Improvements

17.9 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, Office of the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

18. RECORD KEEPING (POST DESIGN)

18.1 The Design‐Builder shall submit daily progress reports to the Engineer via the Internet utilizing a web site address [email protected] managed by the City. This web site, “Virtual Project Manager” will be used exclusively by site foreman to record daily progress, problems, additions/deletions and or request change orders for review by engineer/inspector and Project Manager. The Job site supervisor (Design‐Builder) is required to have access and knowledge to utilize a digital camera and Internet. Daily use of computer is required to input aforementioned documents.

19. MANDATORY TERMS

19.1 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:
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 of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

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 Design‐Builder’s cost of or the time required for performance of any part of the work the Owner shall issue a change order.

General Conditions GC-64
Carbon Canyon BPS No. 2 Improvements
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 DesignBuilder 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.

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, Design-Builder 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.

Pursuant to Labor Code Section 6707, if this Project involves construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid submitted in response hereto shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

The 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.

END OF GENERAL CONDITIONS
Exhibit G
3116002.4

EXHIBIT G

PROPOSAL
[ATTACHED BEHIND THIS PAGE]

ELECTRONIC
Proposal for
Carbon Canyon Booster Pump Station No. 2 Improvements
5301 Carbon Canyon Road, Brea, CA 92823
Submitted by:

GSE Construction
2430 Auto Park Way, Suite 205
Escondido, CA 92029
October 2, 2025

PROPOSAL
Letter of Transmittal
Letter of Transmittal
3 October 2, 2025
City of Brea
1 Civic Center Circle
Brea, CA 92821
RE: Proposal for the Design-Build Services Carbon Canyon Booster Pump Station No. 2 Improvements Dear Evaluation Committee:

GSE Construction and MKN Associates our proposal to provide design-build services to the City of Brea (City) to design and construct the Carbon Canyon Booster Pump Station Project (Project). GSE has 45 years of construction and construction management experience, coupled with the expertise and skills gained from the successful delivery of more than 60 CM/GC, design-build, and progressive design-build projects. We are experienced in preconstruction and construction of multi-phased, complex projects—providing constructibility reviews, value engineering, iterative estimating, and scheduling to develop work plans that deliver the scope on time and within budget. MKN is a water, wastewater, and recycled water engineering firm located and focused exclusively in California. MKN is focused on meeting the growing needs of public agencies for responsive, technically capable consultants who are committed to a long-term relationship based on excellence.

Our key personnel have a history of effectively working together and collaborating with owners, designers, and project stakeholders on collaborative delivery projects. MKN and GSE have built a strong working relationship founded on trust, collaboration, and shared commitment to delivering high-quality water and wastewater infrastructure projects. Over the years, the two firms have partnered on multiple projects where MKN provided engineering expertise and GSE brought construction experience and execution to the table. Together, they have successfully completed complex treatment plant upgrades, pump station improvements, and other critical infrastructure projects, ensuring communities receive reliable, sustainable solutions. This partnership continues to thrive because of their complementary strengths and proven track record of delivering results on time and within budget. Our team will leverage their history of partnering to develop design and construction solutions that meet schedule and budget goals for the City, ultimately resulting in clear and concise construction documents, minimal changes, and a more efficient construction phase.

I, Richard Harte, will serve as Project Executive/Preconstruction Manager and the City’s primary contact.

I bring 14 years of experience overseeing the quality assurance and compliance aspects of water and wastewater infrastructure projects. I will be responsible for all aspects of project operations, including self performed and subcontracted work, coordination of subcontractors/sub-consultants and suppliers, overseeing preconstruction services, scheduling, safety and quality compliance, and EEO and S/DBE performance. I have the authority to execute the Contract.

We look forward to hearing from you. Please do not hesitate to contact me if you have any questions about our proposal or require additional information.

The DB Team acknowledges Addendum 1.The signed Addendum is provided in Appendix B.

Sincerely,
GSE Construction
Richard Harte
Project Executive/Preconstruction Manager
2430 Auto Park Way, Suite 205, Escondido, CA 92029
Letter of Transmittal
Identity of Proposer Team Member Firms
Identity of Proposer Team
Member Firms
3 Contractor
GSE Construction, Inc. (GSE), a California corporation, is the Design-Builder for the Carbon Canyon Booster Pump Station (Project). Headquartered in Livermore, California, GSE is a recognized leader in water and wastewater treatment plant construction, dating back to our incorporation in 1980.

GSE Construction
GSE provides the City with 45 years of construction and construction management experience, coupled with the expertise and skills gained from the successful delivery of more than 60 design-build, progressive design-build, and CMGC projects. We are experienced in both the pre-construction and construction of multi-phased, complex projects—providing constructability reviews, value engineering, estimating, and scheduling to develop work plans that deliver the scope on time and within budget.

Our experience with water and wastewater projects includes small maintenance type projects, rehabilitation projects spanning entire process elements, to greenfield construction of new facilities, including ancillary elements to the process such as building construction and civil site improvements. We are experts at working in operating facilities, planning to minimize impacts and shutdowns. Our firm is proficient at self-performing underground, concrete, metalwork, and mechanical installations, which provides City with critical understanding during
preconstruction, ensures quality installation during construction, and allows our team to better control the schedule.

Design Team
MKN and Associates
MKN is a California-based water, wastewater, and recycled water engineering firm (S Corporation) founded in 2012. The firm has grown to over 80 engineers, planners, construction managers, inspectors, and staff dedicated to supporting public agencies with responsive, technically capable consulting services built on long-term relationships. Acting as a trusted partner and client advocate, MKN manages projects from start to finish, with the Irvine office—located about 30 miles from the City’s Utility Department—leading this effort. Exclusively focused on water-related projects, MKN’s team contributes to industry standards through research, presentations, and leadership roles in professional organizations. Its principals bring decades of leadership experience from top-ranked engineering firms, ensuring technical depth and innovation in project delivery.

Recognized as an industry leader in pump station planning, design, rehabilitation, and inspection, MKN has completed more than 80 pump station projects across California. The firm provides comprehensive services including planning, condition assessments, hydraulic modeling, and surge analysis, with expertise spanning horizontal centrifugal and vertical turbine pumps while addressing challenges related to space constraints, reliability, public impacts, and complex hydraulics.

Team Member Firms
GSE
1,200+

PROJECTS
45 YEARS IN

BUSINESS
60+

ALTERNATIVE

DELIVERY

PROJECTS
80+
REPEAT

CLIENTS
200+

EMPLOYEES
4 Project Manager
Andrew Rivera
Superintendent
Jeff Burnach
Anthony Tran
Project Engineer
Juan Catano
Estimator
Project Executive/
Precon Manager
Richard Harte EOR Project Manager
Safa Kamangar
QA/QC Engineer
Dennis Phinney
EOR Project Enginner
Chang Ye
Pump Station Engineer
Kathleen Labrador
Pump Station Engineer
Ivy Sanders
Electrical Design Lead
Omid Khodadadi
Organization Chart
GSE has assembled a fit-for-purpose team to deliver the Project in collaboration and partnership with the City and key stakeholders.

Ken Cloud
Senior Estimator/Project
Manager
5 Design Team Subs
AESCO, Geotechnical Services
AESCO’s geotechnical engineers and engineering
geologists are licensed professionals with extensive
expertise in a wide range of geotechnical engineering
practices and field inspections. They bring proven
experience with current building codes and modern
technologies, ensuring reliable and up-to-date
solutions.

AO, Architectural Engineering
AO Architects is a highly respected architectural
firm with a proven record of delivering thoughtful,
efficient, and cost-effective design solutions. The
firm’s expertise spans a wide range of project types,
including commercial, residential, mixed-use, and
institutional developments. AO Architects takes
a collaborative approach, working closely with
clients, engineers, and contractors to ensure that
every design aligns with project goals, budget, and
schedule. Their team combines innovative design
concepts with practical knowledge of building codes,
permitting processes, and construction methods,
resulting in projects that are both visually compelling and technically sound.

PSE, Structural Engineering
PSE is a dedicated structural engineering and
consulting firm focused exclusively on providing
municipal structural design and evaluation services,
with specialized expertise in high seismic and
high wind zone regions. Our team brings extensive
experience across a wide range of market sectors,
including Water/Wastewater, Parks and Recreation,
Municipal, Industrial, Commercial, Entertainment,
and Forensics. Clients consistently value our ability
to deliver innovative, practical solutions to complex
structural challenges, as well as our unwavering
commitment to the success of their projects.

Subcontractors
Hydrotech Electric
Founded in 2012, Hydrotech Electric is a familyowned and operated industrial electrical contractor proudly serving Southern California. They specialize
in water and wastewater infrastructure, delivering
reliable electrical solutions that keep critical systems operating safely and efficiently.

Their reputation is built on a steadfast commitment
to quality, safety, and long-term client partnerships.

Under the leadership of President Linda Nagel and
Vice President James Nagel, they hold themselves to
Frim Responsibilities
GSE Construction • General Construction
• Utility work
• Site work
• Mechanical work
MKN Associates • Engineering
• Permitting
AESCO • Geotechincal Services
AO • Architectural
Engineering
PSE • Structural Engineering
Hydrotech Electric • Electrical Contractor
the highest standards of excellence. Backed by an
exceptional team of skilled professionals, Hydrotech
Electric has earned the trust and respect of the
industry—proven by our consistent track record of
dependable performance.

Table 1: Firm Responsibilities
6 Table 2: Key Personnel Roles and Responsibilities
Background Roles and Responsibilities
Richard Harte, Project Executive/Precon Manager
Richard is GSE’s Chief Operating Officer (COO) and
has led multiple teams to develop solutions that
best for the project schedule, budget, and long-term
operations and maintenance throughout his career.

Through his experiences and knowledge he will lead
the Design-Build team during preconstruction and
construction to ensure all avenues are explored to
meet the expectations of the City of Brea.
• Leads preconstruction activities in support of
developing and negotiating
• Provides oversight of the entire design-build
delivery
• Ensures the schedule and budget are realistic and
achievable
Andrew Rivera, Project Manager
Andrew is experienced in water/wastewater projects
and has served in roles ranging from Project
Manager to Project Engineer. He is dedicated to
ensuring that the Project is delivered on schedule
and budget, while meeting the quality and safety
goals that GSE is known for achieving.
• Single point of contact between Design-Build team
and City of Brea
• Ultimate responsibility for delivery of all designbuild work • Ultimate decision-maker for those decisions that
do not require the Project Executive
• Ensures compliance with the Contract
Requirements
• Planning and execution of all aspects of the work
• Schedule and budget control
Juan Catano, Estimator
Juan currently serves as the Alternative Delivery
Estimator at GSE Construction. With 17 years of
experience in the Water/Wastewater industry, he
has successfully handled projects ranging from
$100K to $40M, both in the field and in the office.

Juan is adept at creating turnkey estimates,
whether working with comprehensive plans and
specifications or more informal information. Juan
collaborates effectively with owners during the cost
model development and assists in developing scope
packages.
• Develops iterative cost estimates during
preconstruction
• Negotiates the cost model with the
Preconstruction Manager
• Ensures that the budget is adhered to during
construction
Jeff Burnach, Superintendent
Jeff’s experience delivering water/wastewater
projects throughout California will lead to success.

He has the ability to help the team make decisions
that keep the project moving forward and ensure
that the project is delivered on schedule and on
budget.
• Full responsibility for the construction work
• Leads construction scope definition and
constructibility analysis
• Responsible for risk assessment/management
• Verifies quality objectives are defined and followed
7 Anthony Tran, Project Engineer
Anthony is a Project Engineer with 7+ years
of experience in the food, beverage, biotech/
pharmaceutical, and wastewater industries. He
has expertise in project management, estimating,
manufacturing, and field installations, and works
well with cross-functional teams. Skilled in reading
blueprints, P&IDs, and engineering drawings, he is
familiar with industry standards including AWWA,
ASTM, and ASME. Anthony has successfully
managed multi-million-dollar projects in both
the public and private sectors, building strong
relationships with clients, suppliers, and crews to
deliver quality results
• Coordinate day-to-day project activities and
schedules.
• Read and interpret blueprints, P&IDs, and
engineering drawings
• Communicate with the City, suppliers, and crews to
keep projects on track.
• Monitor progress and help resolve issues quickly
Safa Kamangar, EOR Project Manager
Safa Kamangar is a water and wastewater
professional with experience since 1997. As a design
engineer, he has prepared hydraulic calculations,
mechanical designs, detailed drawings, and
specifications. Safa’s background spans planning,
design, and construction management in both the
public and private sectors. He has worked on the
design, construction, and commissioning of water
and wastewater infrastructure, including over 50
pumping facilities, 15 wells, and more than 150 miles
of pipelines ranging from 4 to 72 inches in diameter.
• Primary point of contact between designer and
GSE
• Monitors design efforts
• Monitors design schedule and budget
• Monitors and exercises a degree of control
for design and construction and accepts full
professional responsibility for engineering
decisions relating to the final work product
Chang Ye, EOR Project Engineer
Chang Ye has over 20 years of civil engineering
experience, designing and managing more than
200 infrastructure projects across Southern
California. His work includes potable water
reservoirs, wells, pump and lift stations, pipelines,
stormwater systems, treatment facilities, and site
developments. Chang’s expertise covers project
design, construction management, hydraulic and
hydrology analysis, system modeling with GIS tools,
and preparation of PS&E and bid documents. He is
also skilled in developing master plans, emergency
response plans, and environmental compliance
programs such as SWPPP, LID, and WQMP,
while supporting agencies with standards and
specifications.
• Oversees disciplines to achieve an integrated
design
• Responsible for compliance of the design
to Contract Requirements, standards, and
specifications
• Ensure project designs comply with contract
requirements, codes, and agency standards.

Dennis Phinney, QA/QC Engineer
Dennis Phinney brings over 46 years of consulting
experience in water and wastewater engineering,
with a portfolio that includes the design of more
than 100 pumping facilities—two recognized as
Southern California APWA “Projects of the Year.”
His work also spans pipelines, wells, chemical feed
systems, reservoirs, and treatment facilities across
California and Arizona. Dennis has prepared master
plans serving over one million residents, authored
standard specifications adopted by multiple water
agencies, and contributed key sections to the 2015
“Greenbook” Standard Specifications for Public
Works Construction.
• Design, implement, and improve the QA/QC
standards and plans
• Spearheads review of designer’s plans/
specifications and the contractor’s construction
operations to improve quality
• Assists in the recurring process for quality-minded
designers and inspectors
8 Omid Khodadadi Electrical Design Lead
Omid Khodadadi is a registered senior electrical
engineer with over 11 years of experience in power
and control systems design across water, mining,
transportation, and oil and gas industries. He has
led multidisciplinary teams and served as engineerof-record on complex EPC projects in the U.S. and Canada, with expertise spanning MV/LV power
distribution, instrumentation and controls, and
system studies using ETAP, EasyPower, and SKM.

Omid is highly skilled in applying industry codes
and standards, designing and commissioning
electrical equipment, and resolving field issues.

His background includes managing projects from
design through commissioning, coordinating across
disciplines, and supporting clients with technical
leadership and effective communication.
• Lead electrical design and coordination for EPC
projects from planning through commissioning.
• Design and specify MV/LV power distribution,
controls, and electrical equipment.
• Perform system studies (short circuit, arc-flash,
load flow) to ensure safe, reliable operation.
• Oversee testing, troubleshooting, and
commissioning while ensuring compliance with
industry standards.

Kathleen Labrador, Pump Station Engineer
Kathleen Labrador has over 10 years of experience
in the water and wastewater civil engineering field,
specializing in the planning and design of potable
water, sewer, and recycled water facilities across
California. She has conducted hydraulic analyses
using modeling software to build system models,
run simulations, and prepare technical reports.

Her design work includes pipelines, pump stations,
and reservoirs, where she has developed plans,
specifications, and cost estimates, as well as
provided construction support to ensure successful
project delivery
• .Prepare technical reports summarizing modeling
results and recommendations.
• Perform hydraulic calculations, prepare system
curve and verify pump curve, and assist in
developing control strategy.
• Provide construction support services to ensure
projects are delivered successfully and in
compliance with standards.

Ivy Sanders, Pump Station Engineer
Ivy Sanders has over five years of experience
supporting water infrastructure and site civil design
projects throughout California. She has contributed
to dozens of projects involving pressurized
and gravity pipelines, pump stations, drainage
systems, and spillway and dam inlet/outlet works.

Ivy’s expertise includes hydraulic and hydrology
analyses, system design, and preparation of plans,
specifications, and reports, along with supporting
cost estimating, scheduling, and overall project
delivery
• Contribute to the design of pipelines, pump
stations, drainage systems, and dam/spillway
structures.
• Prepare engineering plans, specifications, and
technical reports.
• Provide construction support services to ensure
projects are delivered successfully and in
compliance with standards.
9 Proven Experience
Tunnel Pump Station
Santa Barabara, CA
GSE successfully completed the rehabilitation of
Santa Barbara’s Tunnel Road Reservoir and Booster
Pump Station, delivering a modernized facility that
ensures long-term reliability for the city’s potable
water system. The project centered on a complete
overhaul of the booster pump station while
maintaining uninterrupted service to two critical
pressure zones.

To achieve this, GSE implemented complex bypass
operations and carefully coordinated, time-limited
shutdowns. A temporary water storage tank was
installed to support the lower pressure zone, enabling
a full reservoir outage for inspection, maintenance,
and internal improvements.

The booster pump station itself was fully
decommissioned, reconstructed, and brought back
online with equipment. Key upgrades included
the installation of new vertical turbine pumps,
stainless steel piping, water quality analyzers, a
hydropneumatic surge tank, a new motor control
center, and an advanced PLC system. Throughout
construction, temporary systems were designed,
installed, and commissioned to mirror each
permanent component, ensuring uninterrupted
service to the upper pressure zone.

This project highlights GSE’s ability to execute
technically challenging pump station upgrades with
precision, while maintaining continuous water service
to the community.

Regional Lift Station Upgrades
Riverside, CA
This rehabilitation project centered on the
modernization of a critical wastewater lift station,
restoring reliability and improving long-term
performance for the community it serves. The pump
station underwent a complete overhaul, including
new wastewater pumps and motors for increased
efficiency, a motorized slide gate actuator for
improved flow control, and the addition of water
cannons to enhance solids management. Emergency
storage ponds were reconfigured to reduce sump
volume, and a new surge tank system was installed
to protect against hydraulic transients and extend
equipment life.

Supporting these mechanical upgrades, the electrical
system was rerouted and modernized to power the
new equipment, while structural improvements to the
wet well, dry well, and manholes improved durability
and operator safety. Accessibility was enhanced with
a new wet well stairway, a replacement walk platform,
crane access for future maintenance, and composite
manhole covers to replace aging cast iron.

The result is a fully revitalized pump station with
modernized systems designed to operate safely,
efficiently, and reliably for decades to come.
10 Ham Park Reservoir and Pump
Station
Lynwood, CA
The City of Lynwood’s Ham Park Pump Station and
Reservoir project is a critical infrastructure upgrade
designed to enhance water storage reliability and
system redundancy for the City’s nearly 70,000
residents. As part of a comprehensive effort to
address aging infrastructure and future water
demands, the City selected MKN & Associates
(MKN) to lead the preliminary design and early-stage
engineering for this important facility.

MKN was responsible for preparing the Preliminary
Design Report (PDR) and 30% design documents for
a new 2-million- gallon, partially buried prestressed
concrete reservoir and an adjacent booster
pump station at Ham Park. The new facility was
strategically located to provide additional storage
capacity, support maintenance or rehabilitation of
the existing Lynwood Park Reservoir, and increase
emergency and fire flow reliability for the City’s water system.

The new pump station was designed as a 42-by47-foot concrete masonry unit (CMU) building, architecturally consistent with the nearby Lucy Avalos
Community Center. The building features split-face
CMU exteriors, skylights, and louvers for natural
lighting and ventilation, and is sited for optimal
operational access and construction efficiency.

Through close collaboration with the City of Lynwood
and a thorough review of system needs, MKN’s
involvement helped to ensure the Ham Park Pump
Station and Reservoir will provide reliable, resilient
water service for the community for decades to
come.

Barrett Pump Station Replacement
Orange, CA
MKN was selected by the East Orange County Water
District for construction management and inspection
services for the construction of Barrett Pump Station
Replacement Project. The $1.5M project involved the
demobilization of the existing pump station facility,
followed by the installation of a temporary pumping
system to ensure continuous operation throughout
the construction period. Key aspects of the project
included the replacement of the existing transformer
and installation of a new pump station.

The new pump station building was designed to
handle a flow rate sized for 1,500 gallons per minute
(gpm) and featured a packaged pumping system
complete with advanced controls, piping, and valving.

MKN’s role was critical in coordinating the complex
logistics, ensuring compliance with regulatory
standards, and minimizing operational disruptions.

Proposal Form
Proposal Form

Project Description and Support Documents
Project Description and
Support Documents
17 Project Understanding
The Carbon Canyon Booster Pump Station (BPS)
No. 2 Improvements project located at 5700 Carbon
Canyon Road, is a critical infrastructure upgrade
intended to replace aging pumping and electrical
systems with a modern, reliable, and cost-effective
facility. The work includes installation of new
pumping units, a fire-resistant enclosure, site paving, electrical upgrades, and SCADA integration. Delivered
through a Best Value Design-Build process, the
project allows flexibility in site layout and design
decisions that can optimize cost, schedule, and longterm operability.

Our team understands that this is not simply a
replacement project, but an opportunity to deliver
a facility that addresses current operational
challenges while ensuring future reliability. The
City’s preliminary site plan provides a useful starting point; however, the design-build approach enables
refinement of the layout to improve constructability,
minimize operational disruptions, and simplify future
maintenance. Our goal is to deliver a facility that
meets the City’s budget and schedule requirements
while reducing lifecycle costs and improving system
resiliency.

The key project elements include:
• Building Enclosure: A fire-resistant, single-story
building (~20’ × 55’) will house pumps, piping, the
generator, and electrical equipment. It will feature
two roof hatches for pump removal, a rolling gate
for equipment access, two pedestrian gates, and
reinforced concrete pavement throughout the site.

Sprinklers or architectural features are not required
• Pumping Equipment: Replacement of two (2) 75-
HP vertical turbine pumps, each equipped with new
VFDs. Existing 12-inch suction/discharge piping,
pump cans, valves, and meters will remain.
• Emergency Power: Integration of a City-furnished
generator with a 48-hour fuel tank inside the same
building, based on City-provided cut sheets and
dimensions.
• Electrical, HVAC, and Controls: Full electrical
replacement including removal of the existing MCC
and replacing with VFDs, main switchgear, lighting
panel, local control panel (LCP) with programmable
logic control (PLC), and SCADA connection. The
building will include air conditioning to maintain
proper working temperature in the building. SCADA
will be integrated via satellite communication (radio
is not feasible).

Project Description and Support Documents
• Additional Facilities: Fencing, utility connections,
and other improvements necessary for a fully
functional, code-compliant facility.

Design Challenges
Several key design/construction issues have been
identified by our team during the review of the
project information and our site visit. Following
sections provide our approach to resolving these
issues during the design and construction of the
project.

Operational Continuity and
Construction Sequence
The City requires that at least one pump always
remains in service, except for short and controlled
shutdowns, no more than 5 days at a time.

Coordination with the City will be required to make
sure the City’s water system is prepared for the
shutdown. Our team has successfully addressed
similar requirements at projects such as the Sterling
Pump Station Startup for Western Municipal Water
District, where phased construction and careful
sequencing allowed uninterrupted service to the
community. We will apply the same strategies here
by isolating and replacing one pump at a time,
testing and commissioning before proceeding
with the second pump. Proposed construction
sequencing is:
• Remove the existing concrete slab
• Install building floor including new conduits
• Erect building walls
• Install new electrical equipment
• Replace Pump 1 including the motor and wiring
(Pump 2 continues to run on original gear/power)
• Supply a temporary generator, capable of running
one pump. Feed new electrical gear to perform
startup and testing on pump 1
• Short outage for SCE to switch power from
existing feed to new gear and pump 1
• Pump 1 now running on new service/new gear
• Replace Pump 2, install electrical connections
• Remove old electrical gear
Construction Schedule
We understand that the construction schedule is
of utmost importance to the City. Our team has
carefully reviewed the project elements and their
lead time, along with the construction sequencing
and proposes the following measures to accomplish
the project goals within budget and schedule. These
suggestions are further explained in the following
sections of the proposal.
18 • Prefabricate Concrete Building Construction:

Our approach involves designing and installing
a prefabricated concrete building with the
appearance of a CMU block wall (Figure 1).

Prefabrication allows building components to
be manufactured off-site while on-site activities,
such as demolition and floor pours, are underway.

Once ready, the walls are delivered and erected,
significantly reducing overall construction time
Figure 1
• Installation of Individual VFD Units: Electrical gear, particularly VFDs, transformers, and lighting panels
(LP), typically represents the longest lead item
in pump station projects. To mitigate delays, we
propose installing individual VFDs, a transformer,
and an individual LP rather than combining them
into a single MCC cabinet. This strategy allows
each unit to be purchased and installed upon
delivery, accelerating the overall electrical gear
construction schedule.
• Switchover Sequencing: The switchover
sequencing described previously requires
only three brief shutdowns, keeping the pump
station operational for most of the construction
period. This method reduces City coordination
needs, minimizes system downtime, and avoids
unnecessary operational modifications during
construction.

Pump and Motor Replacement
Our design team reviewed the hydraulic and
operational information provided by the City and
performed preliminary hydraulic calculations for the
replacement pumps. Proposed pumps have a design
point of 650-gpm @ 260-ft TDH, requiring 75-HP
Inverter Duty Motors (compatible with VFD drives).

Based on these calculations, a Peerless Vertical
Turbine Pump – Model GL12ME/ LC with 4 Stages is
proposed for this project (see pump curve in Figure
2). It should be noted that with 75-HP motor and
calculated TDH, each pump may be able to pump
up to 850-gpm flow; however, bigger pumps are not
recommended at this time due to BPS No. 3’s inability
to receive more than 650-gpm. These calculations
and requirements will be fine-tuned in collaboration
with the City during the design phase and appropriate
pump will be selected for the station.

Figure 2
Design Approach
Overall Design Approach
Our overall design approach emphasizes
collaboration with the City to deliver a safe, reliable, and efficient facility while minimizing risks and
ensuring seamless integration with existing
infrastructure. GSE/MKN Team has a proven track
record of collaborating on several previous projects,
delivering a sustainable and constructable solution to
our local communities.

Integration of Exiting Systems
The existing suction and discharge piping will remain
in service, which allows us to minimize underground
work and reduce the risk of extended shutdowns.

The most significant addition to the site will be
the City-furnished indoor generator, which must
be carefully sited to avoid conflicts with existing
infrastructure and to ensure safe long-term operation.

Our team will provide a building layout that minimizes
construction work adjacent to the existing piping and
instrumentation system, to protect these assets in
place, if not specifically called for replacement.

Site-Specific Design
Considerations
Several constraints govern the building design,
including the generator’s placement. An active power
pole located along the west side requires at least
19 10 feet of clearance to meet safety standards. The
underground discharge piping, which runs through
the site, must remain unobstructed to avoid future
maintenance complications. In addition, sufficient
clearance is needed around the generator and
electrical gear for staff access and operations, and
the location must allow direct roadway access for
future servicing or replacement.

Balancing these constraints, our team developed
two alternative conceptual site plans and sections
(included in the Appendix) that situates the generator
in a safe, accessible location while maintaining
efficient circulation around the building. The layout
also allows the prefabricated building to be positioned for straightforward equipment installation, minimized
conflicts with existing utilities, and improved longterm maintainability.

Efficiency and Sustainability
Our design will include sustainable and energy
efficient equipment where possible. Notably, we will
consider using Energy Star Rated air conditioning
unit(s) as well as LED lighting in and outside the
building. Our design team is proficient in Title 24
requirements and will apply the same principals to
this project.

Safety and Regulatory
Compliance
Our proposed design approach will fully comply with
all applicable building, electrical, and mechanical
codes and standards, including California Code of
Regulations Title 24, NFPA, and local fire authority
requirements. A comprehensive fire protection
strategy will be incorporated, addressing the
proposed fire-rated enclosures, generator installation, and related systems. Environmental compliance,
including air quality management and stormwater
handling, will be integral throughout the design
process to ensure sustainable and code-compliant
construction.

Contructability and Durability
We will consider cost effective, yet durable material
in our design approach. Our goal is to equip the
City with a sustainable pumping facility and other
infrastructure such as a fire resistance building
to increase the station’s useful life. The proposed
Peerless pumps mentioned in the previous sections
are an example of such consideration. Peerless
pumps are known for durability and extended life
span in the water industry.

Collaboration with
Stakeholders
Successful and timely delivery of the Project will
depend on effective collaboration with stakeholders
and obtaining multiple agency approvals on time.

Our team has extensive experience navigating
similar requirements on past pump station and
pipeline projects. We will begin permit coordination
early to avoid schedule impacts. Where possible,
we will prepare draft submittals in parallel with
design development so reviews can proceed without
delaying construction.

Because the project site fronts Highway 142,
construction will require carefully planned traffic
control measures to ensure public safety and
minimize community impacts. Our team has
managed similar constraints on past projects
located adjacent to high-volume roadways, where
off-peak closures and clear signage were essential to
maintaining safe conditions. We will apply the same
strategies here, coordinating closely with the City and Caltrans to develop a comprehensive plan.

Key anticipate permits and approvals include:
• Southern California Edison (SCE): Coordination
for temporary power connections and service
modifications.
• Caltrans Encroachment Permit: Required for any
impacts to Highway 142, including temporary lane
closures.
• South Coast AQMD: Permit for installation and
operation of standby generator
• Building Permit (City of Brea): Structural,
architectural, and MEP submittals for the new
building enclosure.
• City Encroachment Permit: For traffic control
measures extending beyond the site boundaries.
• CEQA/Environmental Compliance: Implementation
of required mitigation measures and stormwater
BMPs.
• Utility Approvals: Coordination with electric,
telecom, and water providers for service tie-ins.
• Fire Marshal Review: Verification of fire-resistance, access clearances, and safety compliance.

Innovation and Value
Engineering
As previously described, our team has identified
multiple opportunities for value engineering and
innovation to accomplish the project goals. These
include:
20 • Prefabricated building construction
• Individual VFD and Electrical Gear Installation
• Construction sequencing that minimizes operational
interruptions
Technology Integration
Our design will incorporate modern control and
monitoring systems, including SCADA and other
automated operations, to enhance system efficiency,
response times, and overall reliability. Remote
monitoring and control of key equipment will be
considered to enable rapid response, diagnostics, and
operational oversight.

Survey and Utility Investigation
Requirements
GSE will provide site survey and utility investigation/ potholing as needed for the project area. Survey will
be based on NAVD88, NGS benchmark, California
Coordinate System, providing topographic contours at

0.5-ft intervals. The topographic survey will be used to create the base files for the project, as well as a utility potholing map. Potholing will be performed by GSE
and results will be integrated in the final design.

Civil Site Work
The Project site’s compact nature requires careful
planning for staging and laydown. We have identified
three potential areas: a 3,000-square-foot flat
area north and west of the site, a 25-foot buffer at
the highway frontage, and the nearby Chino Hills
State Park Discovery Center parking lot located
approximately 2,000 feet east of the site. Use of these areas will require City coordination with property
owners, and our team is experienced in securing such
agreements on past projects.

Site access will primarily occur from Highway 142.

During major deliveries, we anticipate the need for
temporary eastbound lane closures during off-peak
hours. We will prepare a traffic control plan for
City review that ensures public and worker safety,
maintains emergency access, and minimizes
disruptions to motorists.

Structural Engineering
Structural design will conform to the latest edition
of California Building Code (CBC), ASCE 7, ACI, AISC,
and other relevant standards. Structural calculation
package will be prepared by a registered structural
engineer and will be submitted to the City to
obtain a building permit. To meet the schedule and
budget requirements, we recommend the use of a
prefabricated, fire-resistant concrete building stamped to resemble CMU construction. Prefabrication offers
clear advantages: reduced onsite construction time,
improved quality control, and minimized operational
disruptions. The building will house the pumps,
generator, and electrical equipment, with provisions
such as roof hatches for pump removal, rolling gates
for large equipment, and pedestrian access doors.

Our installation plan calls for constructing the
foundation and pads first, followed by staged pump
replacement. Once both pumps are operational and
the electrical system is transitioned, the prefabricated building roof will be delivered and installed. This
sequencing protects critical equipment, reduces
the risk of weather-related delays, and allows the
City to maintain service throughout the majority of
construction.

The 20’ × 55’ x 12’ high building features:
• Building complete with precast walls and roof. Roof
post-tensioned with patented Easi-Set System
• Roof and wall panels erected onsite to cast-in-place
foundation
• 5000 psi concrete with Xypex crystalline
waterproofing admixture and ATSM A615 grade 60
non-epoxy reinforcement steel
• Joint caulking inside and out with Sikaflex-1A. All
panel connections are welded using galvanized or
stainless-steel.
• Roof is tapered with smooth form finish and coated
with ceramic paint. Color to be determined.
• Exterior walls are smooth etch finish. Interior walls are hand troweled and natural gray concrete color.
• One (1) 3’0” X 7’0” X 1-3/4” 16-gauge galvanized
door with stainless-steel hardware.
• One (1) 6’0” X 7’0” X 1-3/4” 16-gauge galvanized
double doors with stainless-steel hardware.
• One (1) 15’0” X 10’0” steel roll-up door.
• Two (2) 3’0” X 3’0” galvanized roof access hatches.

Geotechnical Investigation
and Foundation Design
The field exploration for the project will consist of a total of 1 soil boring, which will be placed as close to the footprint of the proposed structure as possible.

One boring will be drilled to a maximum depth of 50
feet below existing grade. Upon completion, borings
will be backfilled with grout. Boring locations will be selected based on accessibility and underground
utilities. Depending on site conditions and access,
borings will be advanced using a hollow stem auger
drilling rig. Our geotechnical subconsultant - AESCO
- will also obtain any required encroachment permits
from the City of Brea and Caltrans, if required.
21 Laboratory testing will be performed on
representative soil samples to evaluate their
engineering properties. The soil testing will include
sand equivalent, direct shear, Atterberg Limits, sieve
analysis, soil classifications, unconfined compressive
strength and soil corrosivity. Laboratory test results
will be included on the boring logs and within the
geotechnical report.

As part of the Projects improvements, AESCO will
collect selected samples to be evaluated for disposal
acceptance criteria as per local landfill requirements.

The following tests will be performed:
• EPA Test Method 8015B (Gasoline Range Organics
(GC))
• EPA Test Method 8015B (Diesel Range Organics
(DRO)/Oil Range Organics (ORO))
• EPA Test Method 6010B (Metals (ICP) (including
Arsenic)
• EPA Test Method 7471A (Mercury (CVAA))
Mechanical Design
While appropriate pump replacement is a major
component of the Project, we will also be evaluating
both new and existing mechanical elements to ensure
seamless system functionality, operational efficiency,
and uninterrupted water service throughout the
facility. These include the following items:

Mechanical System
Coordination
This includes addressing the needs of the emergency
generator, ventilation, thermal management, and
climate control. Systems will be designed to maintain
optimal operating temperatures for both equipment
and personnel under varying environmental and
loading conditions.

Ventilation System Design
The design will include all mechanical ventilation
and HVAC systems required for the project,
encompassing radiator discharge ducting, air intake
and exhaust pathways, and overall climate control.

Systems will be designed in strict accordance with
equipment manufacturer specifications, the California
Mechanical Code, Title 24, and all other applicable
codes and standards, designed for a minimum of 10
air exchange per hour as a conservative measure.

Additionally adequate air conditioning unit(s)
will be designed and installed to maintain proper
temperature for VFD operation, while the generator
is running. Generator exhaust will be shielded in heat
jackets and routed immediately through the roof to
prevent overheating the pump room.

Rooftop Access Coordination
The design will confirm spatial and clearance
requirements for all rooftop access hatches.

Ductwork, louvers, HVAC units, and other mechanical
components will be coordinated to ensure they do
not obstruct hatch operation or impede equipment
removal and future maintenance access.

System Integration Support
The mechanical engineer will collaborate with
electrical and structural disciplines to ensure that
all mechanical systems are properly supported,
accessible, and seamlessly integrated within the
overall facility layout.

Code Compliance and
Efficiency
Our design approach will ensure all mechanical and
HVAC design elements will be developed to meet or
exceed applicable local, state, and regional codes,
including the California Mechanical Code and Title 24
energy efficiency standards.

Electrical Engineering Services
Our team will provide comprehensive electrical
engineering design services to support the
integration, installation, and operation of new
electrical systems at Carbon Canyon Booster
Pump Station No. 2. This includes the design and
coordination of required SCADA components to
enable seamless monitoring, control, and data
communication across all critical systems. Our
design will be code-compliant, and maintainable,
and our construction approach allows the City
to maintain continuous operation of the existing
facility throughout construction. All electrical work
will comply with the California Electrical Code,
SCE requirements, NFPA standards, and all other
applicable state and local regulations. Key of the
electrical design include:

Power Distribution Design
Design and construction of a new 400-amp
switchgear housed in a NEMA 3R cabinet and located
outside the building. Additional components such
as the electrical distribution panel will be housed in
a NEMA 4X cabinet located inside the building. All
equipment will be adequately sized for the operation
of the pump station as shown below. (Figure 3)
22 Utility Service Coordination
Our design team will coordinate directly with Southern
California Edison (SCE) for electrical service design,
including load analysis, point of connection, meter
cabinet specifications, and scheduling. The design
will incorporate a 400-amp utility meter cabinet and
associated disconnect switch. During our preliminary
design efforts we have not identified any off-site
electrical design requirements.

Emergency Power Integration
Our electrical design will include system interface
for the installation of the City-furnished 175 kW
standby generator, including transfer switch design
(shown in our proposed site plan), integration of
radiator discharge ducting, ventilation coordination,
and grounding. Emergency power systems design
will comply with NFPA 70 (NEC) and applicable local
emergency power system codes.

Lighting and Controls
Our final design will incorporate energy-efficient
lighting for both interior and exterior areas, including code-compliant fixtures, controls (e.g., photocells,
timers), and emergency lighting. All systems
will comply with Title 24 and the City’s energy
performance goals.

Brea City CouncilNovember 18, 2025

Brea City Council
November 18, 2025