Agenda packet, second session — Brentwood City Council, October 28, 2025 (part 4 of 5)

CITY COUNCIL AGENDA ITEM NO. G.3
10/28/2025
Funds to cover the costs associated with the formation of the Landscape & Lighting district have been deposited with the City by the developer.

BACKGROUND
The Meadows Project (“Project”) will consist of 140 single-family homes at build-out, all located south of Marsh Creek Road and west of Highway 4. The Project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements that benefit the properties located within the Project.

The Landscaping and Lighting Act of 1972 (California Streets and Highways Code § 22500, et seq.) and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment district was originally formed, plus an annual cost of living adjustment. This report will set the maximum annual assessment rate for Landscape & Lighting Assessment District No. 25-1 (The Meadows).

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive approval from the affected property owner(s) and a public hearing be held, prior to final approval from City Council. In accordance with these requirements, a notice and ballot regarding the formation of this assessment district was mailed to the property owner, Shea Homes Limited Partnership, in accordance with Proposition 218. The notice and ballot contained detailed information about Landscape & Lighting Assessment District No. 25-1 (The Meadows) including but not limited to, improvements to be maintained, and the maximum annual assessment amount.

At the close of the public input portion of the public hearing this evening, the City Clerk (or her designee) will tabulate all ballots received. This information will be presented to the City Council during the meeting.

If there is no majority protest following the tabulation of the ballots, City Council will be presented with the attached Resolution approving the Landscape & Lighting Assessment District No. 25-1 (The Meadows) Final Engineer’s Report for Fiscal Year

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CITY COUNCIL AGENDA ITEM NO. G.3
10/28/2025
2025-26 and ordering the formation of Landscape & Lighting Assessment District No. 25-1 (The Meadows).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
A notice of public hearing was published in the Brentwood Press on October 17, 2025.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTIONS
Alternative options to the staff recommendation:

1. If a majority protest exists, formation proceedings for Landscape & Lighting Assessment District No. 25-1 (The Meadows) will be abandoned.

2. Do not approve staff’s recommendation to adopt a Resolution ordering the Formation of Landscape and Lighting Assessment District No. 25-1 (The Meadows) and ordering improvements and confirming the diagram and assessments as shown in the Landscape and Lighting Assessment District No. 25-1 (The Meadows) Fiscal Year 2025-26 Final Engineer’s Report.

Either one of these options would result in the Project residents not contributing to funding the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements that benefit the properties located within the Project.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Final Engineer’s Report – LLAD 25-1 (The Meadows)

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PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Actions were taken in previous years to form the City’s 70 existing Landscape & Lighting Assessment Districts.

On March 25, 2025, by Resolution No. 2025-30, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $477,900, plus a 10% contingency, for assessment engineering services for Fiscal Years 2025/26 and 2026/27. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.

On September 23, 2025, by Resolution No. 2025-100, the City Council initiated proceedings and declared its intention to 1) order the formation of, 2) levy and collect assessments for, 3) identify improvements to be maintained by Landscape & Lighting Assessment District No. 25-1 (The Meadows) for Fiscal Year 2025-26 and 4) set October 28, 2025, as the Public Hearing date pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE FINAL ENGINEER’S REPORT AND
MAKING CERTAIN FINDINGS RELATED TO THE REPORT;

ORDERING THE FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 25-1 (THE MEADOWS); ORDERING
IMPROVEMENTS; AND CONFIRMING THE DIAGRAM AND

ASSESSMENTS AS SHOWN IN THE LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 25-1 (THE MEADOWS) FISCAL
YEAR 2025-26 FINAL ENGINEER’S REPORT PURSUANT TO THE
STREETS AND HIGHWAYS CODE “LANDSCAPING AND LIGHTING
ACT OF 1972” AND PROPOSITION 218
WHEREAS, as required by Section 22585 of the California Streets and Highways Code, the City Council of the City of Brentwood, by Resolution No. 2025- 100 initiated the formation of Landscape & Lighting Assessment District No. 25-1 (The Meadows) and the Engineer of Work has filed a report describing the improvements and proposed assessment district; and
WHEREAS, in accordance with Section 22587 of the California Streets and Highways Code, the City Council by Resolution No. 2025-100 declared the intent to form Landscape & Lighting Assessment District No. 25-1 (The Meadows) and the intent to levy and collect assessments, in addition to setting a date of October 28, 2025 for a public hearing on the matter; and
WHEREAS, as required by Proposition 218 and in accordance with the requirements of Section 22588 of the California Streets and Highways Code, notices and ballots have been mailed to each affected property owner, identifying the improvements and assessments; and
WHEREAS, on October 28, 2025, City Council conducted a public hearing and gave any interested person an opportunity to protest the assessments, the formation of, and the Landscape & Lighting Assessment District No. 25-1 (The Meadows) Fiscal Year 2025-26 Final Engineer’s Report, either in writing or orally, and determined that a majority protest had not been filed against the formation of Landscape & Lighting Assessment District No. 25-1 (The Meadows); and
WHEREAS, the amount of the assessments represented by the property owner assessment ballots submitted in favor of formation of Landscape & Lighting District No. 25-1 (The Meadows) was greater than those submitted against the assessment as shown on Exhibit “A” attached.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Brentwood that:

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1. The preceding recitals are true and correct and material to the adoption of this Resolution.

2. The City Council has carefully reviewed and examined the Final Engineer’s Report in connection with Landscape & Lighting Assessment District No. 25-1 (The Meadows) and hereby approves it as submitted (or as amended, if applicable) and finds and determines that:
a. The territory of land within Landscape & Lighting District No. 25-1 (The Meadows) will receive special benefits from the operation, maintenance, and servicing of the lights, landscaping, open space areas, trails, parks and appurtenant facilities and improvements related thereto; b. Landscape & Lighting District No. 25-1 (The Meadows) includes all of the lands so benefitted; and
c. The maximum amount to be assessed upon the lands within Landscape & Lighting District No. 25-1 (The Meadows), in accordance with the build-out budget for Fiscal Year 2025-26 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

3. The City Council hereby orders the improvements to be maintained and serviced, orders the formation of Landscape & Lighting Assessment District No. 25-1 (The Meadows), and confirms and approves the diagram, the maximum assessments, and the Fiscal Year 2025-26 assessments as shown in the Landscape & Lighting Assessment District No. 25-1 (The Meadows) Fiscal Year 2025-26 Final Engineer’s Report.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of October 2025 by the following vote:

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EXHIBIT A

CERTIFICATE OF MAILED BALLOT RESULTS

FOR THE FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 25-1 (THE MEADOWS)
October 28, 2025
I, Amanda McVey, City Clerk of the City of Brentwood, hereby certify the results of the mailed ballot election held on October 28, 2025 to be as follows:

Landscape & Lighting Assessment District No. 25-1 (The Meadows) TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.

Dated: October 28, 2025

CITY OF BRENTWOOD
By
Amanda McVey
City Clerk of the City of Brentwood

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Landscaping and LighƟng
Assessment District 25-1
The Meadows
Fiscal Year 2025-26
Final Engineer’s Report
October 28, 2025

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Formation of LLAD No. 25-1 (The Meadows)
Engineer’s Report Fiscal Year 2025-26 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 25 Appendix A – Maximum Assessment Roll .........................................................A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

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Formation of LLAD No. 25-1 (The Meadows)
Engineer’s Report Fiscal Year 2025-26 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 25-1
(THE MEADOWS)
FISCAL YEAR 2025-26

CITY COUNCIL MEMBERS AND CITY STAFF
Susannah Meyer
Mayor
Pa'tanisha Pierson Faye Maloney
Vice Mayor Council Member
Jovita Mendoza Tony Oerlemans
Council Member Council Member
Darin Gale
Interim City Manager
Allen Baquilar Amanda McVey
City Engineer City Clerk
Kerry Breen E. Harith Aleem
Director of Finance & Information Systems Director of Parks & Recreation Francisco & Associates
Assessment Engineer

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Formation of LLAD No. 25-1 (The Meadows)
Engineer’s Report Fiscal Year 2025-26 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 25-1 (THE MEADOWS)
FISCAL YEAR 2025-26
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: October 1, 2025 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2025.

Amanda McVey, City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2025.

Amanda McVey, City Clerk
City of Brentwood
Contra Costa County, California
By:

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Formation of LLAD No. 25-1 (The Meadows) SECTION I
Engineer’s Report Fiscal Year 2025-26 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 25-1 (THE MEADOWS)
FISCAL YEAR 2025-26
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of seventy (70) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing, and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

LLAD No. 25-1 (the “District”) will include the Meadows development which is located south of Marsh Creek Road and west of Highway 4. The Meadows development will consist of 140 single-family homes at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the improvements to be operated, maintained, serviced and replaced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

The City of Brentwood will hold a public hearing on October 28, 2025, regarding the formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds

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Formation of LLAD No. 25-1 (The Meadows) SECTION I
Engineer’s Report Fiscal Year 2025-26 INTRODUCTION
2 collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

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Formation of LLAD No. 25-1 (The Meadows) SECTION II
Engineer’s Report Fiscal Year 2025-26 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT No. 25-1 (THE MEADOWS)
FISCAL YEAR 2025-26
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the property owner approved assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, it will require voter approval from the District property owner(s), prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every property owner within the District will be mailed a ballot, which allows the property owners to cast their votes either in favor or against the proposed formation of the assessment district. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the public hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential,

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Formation of LLAD No. 25-1 (The Meadows) SECTION II
Engineer’s Report Fiscal Year 2025-26 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 ENGINEER'S REPORT 5 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on September 23, 2025, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 25-1 (THE MEADOWS)
FISCAL YEAR 2025-26
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART A
7 PART A

PLANS AND SPECIFICATIONS
The facilities, constructed that benefit the District, and those which may be subsequently operated, maintained, serviced, and replaced are generally described as follows:

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathways, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

Local Landscaping Facilities
Local landscaping facilities located within or adjacent to the District are shown on the Local Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART A
8 Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

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Formation of LLAD No. 25-1 (he Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART B
9 PART B

ESTIMATE OF COST
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of each LLAD. The Act provides that the total cost of operation, maintenance, servicing and replacement of the street lighting, landscaping, trails, parks, open space areas, and associated facilities, etc. can be recovered by each LLAD.

Incidental expenses including administration of the LLADs, engineering fees, legal fees and all other associated costs of the District can also be included.

Table No. 1 on the following page shows the total operation, maintenance, servicing, and replacement budgets upon completion of all improvements which could be assessed against the benefiting parcels within the District in FY 2025-26 dollars.

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Formation of LLAD No. 25-1 (he Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART B
10 Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

FY 2025-26 LLAD Other Other Non- General
Improvement Type Cost No. 25-1 LLAD Parcels 1 LLAD Parcels 2 Benefit 3 Arterial Streetlighting $429,174.71 $2,297.40 $328,926.01 $85,903.68 $12,047.62 Arterial Landscaping $4,604,990.63 $27,813.80 $3,982,189.56 $520,011.77 $74,975.50 Community and Neighborhood Parks $9,583,364.14 $32,209.80 $8,169,998.56 $1,055,509.25 $325,646.53 Local Landscaping4 $36,113.10 $35,390.84 N/A N/A $722.26 Maintenance Subtotal $14,653,642.58 $97,711.84 $12,481,114.13 $1,661,424.70 $413,391.91 Reserves for Local Improvements
Capital Reserves5 $10,761.93 $10,617.48 N/A N/A $144.45 Operating Reserves/Contingency5 $10,761.93 $10,617.48 N/A N/A $144.45 Reserves Subtotal $21,523.86 $21,234.96 N/A N/A $288.90 Total $14,675,166.44 $118,946.80 $12,481,114.13 $1,661,424.70 $413,680.81 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs. 2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to local improvements and are included in the cost estimate shown for Local Landscaping. 5 The Operating and Capital Reserves shown above only apply to Local Improvements. Since the City transfers funds to LLAD No. 25-1 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 1 - LLAD No. 25-1 Cost Estimate (FY 2025-26 Dollars) Special Benefit

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART C
11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are completely within the boundaries of the City of Brentwood. The Assessment Diagram is on file in the Office of the City Clerk of the City of Brentwood and shown on the following page of this Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram for the District is included on the following page.

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City of Brentwood
LLAD No. 25-1 (The Meadows) Assessment Diagram
Legend
LLAD 25-1 Boundary
Parcel Lines
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Parcel
Number
1 007-760-001 40 007-760-040 79 007-760-079 118 007-770-024 2 007-760-002 41 007-760-041 80 007-760-080 119 007-770-025 3 007-760-003 42 007-760-042 81 007-760-081 120 007-770-026 4 007-760-004 43 007-760-043 82 007-760-082 121 007-770-027 5 007-760-005 44 007-760-044 83 007-760-083 122 007-770-028 6 007-760-006 45 007-760-045 84 007-760-084 123 007-770-029 7 007-760-007 46 007-760-046 85 007-760-085 124 007-770-030 8 007-760-008 47 007-760-047 86 007-760-086 125 007-770-031 9 007-760-009 48 007-760-048 87 007-760-087 126 007-770-032 10 007-760-010 49 007-760-049 88 007-760-088 127 007-770-033 11 007-760-011 50 007-760-050 89 007-760-089 128 007-770-034 12 007-760-012 51 007-760-051 90 007-760-090 129 007-770-035 13 007-760-013 52 007-760-052 91 007-760-091 130 007-770-036 14 007-760-014 53 007-760-053 92 007-760-092 131 007-770-037 15 007-760-015 54 007-760-054 93 007-760-093 132 007-770-038 16 007-760-016 55 007-760-055 94 007-760-094 133 007-770-039 17 007-760-017 56 007-760-056 95 007-770-001 134 007-770-040 18 007-760-018 57 007-760-057 96 007-770-002 135 007-770-041 19 007-760-019 58 007-760-058 97 007-770-003 136 007-770-042 20 007-760-020 59 007-760-059 98 007-770-004 137 007-770-043 21 007-760-021 60 007-760-060 99 007-770-005 138 007-770-044 22 007-760-022 61 007-760-061 100 007-770-006 139 007-770-045 23 007-760-023 62 007-760-062 101 007-770-007 140 007-770-046 24 007-760-024 63 007-760-063 102 007-770-008 141 007-770-047 25 007-760-025 64 007-760-064 103 007-770-009 142 007-770-048 26 007-760-026 65 007-760-065 104 007-770-010 143 007-770-049 27 007-760-027 66 007-760-066 105 007-770-011 144 007-770-050 28 007-760-028 67 007-760-067 106 007-770-012 145 007-770-051 29 007-760-029 68 007-760-068 107 007-770-013 146 007-770-052 30 007-760-030 69 007-760-069 108 007-770-014 147 007-770-053 31 007-760-031 70 007-760-070 109 007-770-015 148 007-770-054 32 007-760-032 71 007-760-071 110 007-770-016 149 007-770-055 33 007-760-033 72 007-760-072 111 007-770-017 150 007-770-056 34 007-760-034 73 007-760-073 112 007-770-018 151 007-770-057 35 007-760-035 74 007-760-074 113 007-770-019 152 007-770-058 36 007-760-036 75 007-760-075 114 007-770-020 153 007-770-059 37 007-760-037 76 007-760-076 115 007-770-021 154 007-770-060 38 007-760-038 77 007-760-077 116 007-770-022 155 007-770-061 39 007-760-039 78 007-760-078 117 007-770-023
Marsh Creek Rd

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which includes, but is not limited to the operation, maintenance, servicing and replacement of street lighting, landscaping, trails, park, and open space area facilities.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed.

ASSESSMENT METHODOLOGY
The operation, maintenance, servicing, and replacement costs for the landscaping, streetlighting, parks, open space areas, and trail facilities are apportioned in accordance with a methodology that is consistent with standard assessment engineering practices.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
14 Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by Assessor's Parcel Number.

If assessments were to be allocated by parcel, not considering land use, benefit would not be allocated accurately, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on the benefit received by each parcel. The assessment methodology is based on Equivalent Dwelling Units (EDUs) as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one EDU per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Duet, Townhome and Mobile Home Parcels - Condominiums, duets, townhomes, and mobile homes on average have approximately 75% of the building square footage compared to a single-family home. Furthermore, studies consistently show that these types of residential products impact public infrastructure approximately 75% as much as a single-family residential parcel. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home.

Furthermore, studies consistently show that multi-family residential units impact public infrastructure approximately 50% as much as a single-family home. Therefore, all multifamily parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties.

Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
15 Undeveloped Parcels – All undeveloped properties are assessed at 25% of the developed EDUs assigned for each parcel of land based on the properties land use classification.

Undeveloped properties benefit less from the improvements than developed property because undeveloped properties do not have structures which house residents or utilize employees. However, the improvements funded by the City’s LLADs do benefit undeveloped property because improvements have already been installed that allows for development to occur and to use the improvements immediately upon the initiation of development making the property more attractive. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property.

To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land.

Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property.

Therefore, EDUs assigned to undeveloped residential and non-residential property have been discounted by 75% to account for the differences in benefit from improvements conferred on developed and undeveloped property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Furthermore, parcels within the District may be assessed as developed once the final maps have been approved by the City of Brentwood and/or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
16 QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing and replacement of streetlighting, landscaping, park, and open space area facilities authorized under the statute that benefit properties within the boundaries of the District. As previously discussed, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. In order for the City to separate out the costs associated with general and special benefits for each improvement type, an analysis of each improvement was conducted as described below.

Streetlighting Along Arterial and Major Roadways
Streetlighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for:
• Safer vehicle and pedestrian access to and from property. • Enhanced deterrence of criminal or suspicious activity such as property theft, vandalism, criminal acidity, illegal dumping, and damage to improvements and property.
• Improved ability of pedestrians and motorists to see. • Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased nighttime visibility resulting in enhanced safety on roads, streets, and in public areas.

To determine which properties benefit from streetlighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
17 utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced streetlighting improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. The aggregated EDU assignments for each categorization of property determined that 2.81% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a special and direct benefit to the parcels within the City and 2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a general benefit.

Streetlighting Along Arterial and Major Roadway Cost Allocation The 1,405 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $429,174.71 per year to maintain in FY 2025-26 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 26,153 EDUs which results in an annual cost allocation of $16.41 per EDU in FY 2025-26 dollars. As previously discussed,

97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary.

Table No. 2 shows the streetlight cost allocation associated with arterials and major roadways.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
18 Landscaping Along Arterial and Major Roadways
Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification which allows for:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced beautification to the adjacent developments. • Increased sense of pride in ownership of property within the LLADs resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the LLADs through well-maintained surroundings and amenities including abatement of graffiti.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were LLAD No. 25-1
LLAD Other Other Non General Cost per EDU
Improvement No. 25-1 LLAD Parcels LLAD Parcels Benefit (FY 2025-26 Type 0.54% 76.64% 20.02% 2.81% Dollars)1
Arterial and Major Roadway
Streetlighting $2,297.40 $328,926.01 $85,903.68 $12,047.62 $16.41 1 The LLAD No. 25-1 Cost per EDU was determined by dividing the LLAD No. 25-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 25-1.

Special Benefit
Table No. 2 - Arterial and Major Roadway Street Lighting Cost Allocation

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
19 considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

In addition to the special and direct benefits the property owners within the City receive from these enhanced landscaping improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified and such benefits must be accounted for and cannot be assessed to the properties within the City’s LLADs.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. It was determined that parcels within the categories that are not in a LLAD benefit less than parcels within the LLADs due to the proximity of the landscaping to the properties within the LLADs. This finding resulted in the EDUs assigned to parcels in the City and not in a LLAD and parcels outside the City being reduced by 50%. The aggregated EDU assignments for each categorization of property determined that 1.63% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit.

Landscaping Along Arterial and Major Roadway Cost Allocation The 117.852 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,604,990.63 per year to maintain in FY 2025-26 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 23,179 EDUs which results in an annual cost allocation of $198.67 per EDU in FY 2025-26 dollars. As previously discussed, 98.37%

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
20 of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 3 shows the landscaping cost allocation associated with arterials and major roadways.

Park and Trail Facilities
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park and trail system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Park Assessment district for park maintenance in 1997 to secure a funding mechanism for a portion of the benefits and associated costs to maintain community parks and neighborhood parks. In addition, the City’s LLADs were also established to fund park and trail costs associated with each benefiting property for the community and neighborhood parks that could not be funded from the Citywide Park Assessment District. For the purposes of this report, community parks are defined as typically being larger parks that are designed with amenities to serve the City as a whole as described further in the Parks, Trails and Recreation Master Plan originally approved on August 23, 1994 and subsequently approved on June 25, 2002.

Neighborhood parks are defined as being generally smaller than community parks and typically benefit those residents located within a one-half mile radius from the park and as further defined within the Parks, Trails and Recreation Master Plan previously referenced.

There are 100 Parks spread throughout the City serving a population of approximately 67,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of improvements such as: picnic tables, barbequing, playground equipment, community center rooms, green spaces, benches, bioswales, etc.

The parks, trails, and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image, etc. If these park and trail improvements were not installed, property within the City’s LLADs would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property. Based on the Parks and Economic Development Report published in the American Planning Association, homes LLAD No. 25-1
LLAD Other Other Non General Cost per EDU
No. 25-1 District Parcels District Parcels Benefit (FY 2025-26 Improvement Type 0.60% 86.48% 11.29% 1.63% Dollars)1
Arterial and Major Roadway
Landscaping $27,813.80 $3,982,189.56 $520,011.77 $74,975.50 $198.67 1 The LLAD No. 25-1 cost per EDU was determined by dividing the LLAD No. 25-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 25-1.

Special Benefit
Table No. 3 - Arterial and Major Roadway Landscaping Cost Allocation

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
21 adjacent and near parks and open space are typically valued at 8-20% higher than comparable properties, with positive price effect declining to zero about ½ mile away.

Therefore, park and trail improvements provide a special and direct benefit to property located within ½ miles of park and trail improvements.

Furthermore, the Brentwood Parks, Trails, and Recreation Master Plan development guidelines as previously referenced herein, states that, neighborhood parks should service residents within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the City’s LLADs.

Based on park user data, it is conservatively estimated that approximately 95% of the benefits associated with community parks are of benefit to property within the City and 98% of the benefits associated with neighborhood parks are of a special and direct benefit to properties within ½ mile distance (+/-). Therefore, 95% of the costs to annually operate, maintain, service and replace the community parks and 98% of the costs to annually operate, maintain, service and replace the neighborhood parks would be a special and direct benefit to the parcels within the City, and 5% and 2%, respectively of the annual costs to operate, maintain, service and replace the parks would be a general benefit.

Park Facilities Cost Allocation
The approximate 254.275 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $9,583,364 to maintain in FY 2025-26 dollars. The cost to maintain the parks is spread to all benefiting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,465,975 to maintain in FY 2025-26 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 23,188 EDUs, which results in an annual cost allocation of $86.60 per EDU in FY 2025-26 dollars for community parks. Table 4A shows the cost allocation associated with community parks.

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
22 The neighborhood parks within the Park Benefit Boundary cost approximately $5,117,389 to maintain in FY 2025-26 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 23,188 EDUs, which results in an annual cost allocation of $143.47 per EDU in FY 2025-26 dollars for neighborhood parks.

Table 4B shows the cost allocation associated with neighborhood parks.

The total annual cost allocation needed to maintain the community and neighborhood parks within the Park Benefit Boundary is $230.07 per EDU in FY 2025-26 dollars as summarized in Table 4C below.

Local Landscaping
To determine which properties benefit from local or development specific landscaping a benefit analysis was performed. Landscaping located along and adjacent to the local streets provide a special and direct benefit to parcels within the development. The special and direct benefits from local landscaping within the development consists of enhanced beautification to the entrances and along the roadsides within the development. Property owners who reside within these developments realize this enhanced aesthetic benefit when they are entering and exiting the development. If these local landscape LLAD No. 25-1
LLAD Other Other Non General Cost per EDU
Improvement No. 25-1 District Parcels District Parcels Benefit (FY 2025-26 Type 0.27% 85.83% 8.90% 5.00% Dollars)1
Parks $12,124.00 $3,833,250.71 $397,301.26 $223,298.74 $86.60 1 The LLAD No. 25-1 cost per EDU was determined by dividing the LLAD No. 25-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 25-1.

Special Benefit
Table No. 4A - Community Park Cost Allocation
LLAD No. 25-1
LLAD Other Other Non General Cost per EDU
Improvement No. 25-1 District Parcels District Parcels Benefit (FY 2025-26 Type 0.39% 84.75% 12.86% 2.00% Dollars)1
Parks $20,085.80 $4,336,747.85 $658,207.99 $102,347.79 $143.47 1 The LLAD No. 25-1 cost per EDU was determined by dividing the LLAD No. 25-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 25-1.

Table No. 4B - Neighborhood Park Cost Allocation
Special Benefit
munity Park Neighborhood Park Parks
per EDU Cost per EDU Cost per EDU
$86.60 $143.47 $230.07
Table No. 4C - Parks FY 2025-26 Annual Cost Allocation

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Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
23 improvements were not installed, the developments would not look as appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values.

Since the local streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the local streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the local streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the local streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along local roadways within the development would be a special and direct benefit to the parcels within the LLADs and 2% of the annual trips along local roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned was applied to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the local landscaping were assigned to properties located outside of the development. Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the local landscaping would be a special and direct benefit to the parcels within the development and 2% of the annual cost to operate, maintain, service and replace the local landscaping would be a general benefit.

Local Landscaping Cost Allocation
The 0.856 acres of local landscaping within the Local Benefit Boundary cost approximately $36,113 to maintain in FY 2025-26 dollars. As previously discussed, 98% of the annual cost to operate and maintain the local landscaping is a special and direct benefit to the parcels within the Local Benefit Boundary and is spread to all benefitting parcels within the Local Benefit Boundary. The parcels identified on the Local Benefit Boundary equate to 140.00 EDUs which results in an annual cost allocation of $252.79 per EDU in FY 2025-26 dollars. Table 5 shows the cost allocation associated with local landscaping.

LLAD No. 25-1
LLAD General Cost per EDU
Improvement FY 2025-26 25-1 Benefit (FY 2025-26
Type Cost 98.00% 2.00% Dollars)1
Local Landscaping/Fencing and Soundwalls $36,113.10 $35,390.84 $722.26 $252.79 $36,113.10 $35,390.84 $722.26 $252.79
1 The LLAD No. 25-1 cost per EDU was determined by dividing the LLAD No. 25-1 costs attributed to special benefit by the projected number of EDUs for LLAD No. 25-1.

Table No. 5 - Local Landscaping Cost Allocation

Page 592 of 736 ends

Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART D
24 DISTRICT MAXIMUM ASSESSMENT RATE
The maximum assessment rate may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2024), or 2% whichever is greater.

Parcels within the District become assessable once the final maps have been approved by the City of Brentwood or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected in the ensuing fiscal year.

The following table outlines the total maximum assessment rate in FY 2025-26 dollars.

Other Other Non LLAD No. 25-1
LLAD No. 25-1 District Parcel District Parcel Rate per EDU FY 2025-26 Special Special Special General (FY 2025-26
Improvement Type Cost Benefit Benefit1 Benefit2 Benefit3 Dollars) Arterial and Major Roadway Streetlighting $429,174.71 $2,297.40 $328,926.01 $85,903.68 $12,047.62 $16.41 Arterial and Major Roadway Landscaping $4,604,990.63 $27,813.80 $3,982,189.56 $520,011.77 $74,975.50 $198.67 Community and Neighborhood Parks $9,583,364.14 $32,209.80 $8,169,998.56 $1,055,509.25 $325,646.53 $230.07 Local Landscaping4 $36,113.10 $35,390.84 N/A N/A $722.26 $252.79 Subtotal $14,653,642.58 $97,711.84 $12,481,114.13 $1,661,424.70 $413,391.91 $697.94 Reserves for Local Improvements
Capital Reserves5 $10,761.93 $10,617.48 N/A N/A $144.45 $75.84 Operating Reserves/Contingency5 $10,761.93 $10,617.48 N/A N/A $144.45 $75.84 Subtotal $21,523.86 $21,234.96 N/A N/A $288.90 $151.68
Total $14,675,166.44 $118,946.80 $12,481,114.13 $1,661,424.70 $413,680.81 $849.62 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to local improvements and are included in the cost estimate for Local Landscaping. 5 The Operating and Capital Reserves shown above only apply to Local Improvements. Since the City transfers funds to LLAD No. 25-1 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 6 - Total Maximum Assessment Calculation (FY 2025-26 Dollars)

Page 593 of 736 ends

Formation of LLAD No. 25-1 (The Meadows) SECTION III
Engineer’s Report Fiscal Year 2025-26 PART E
25 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel proposed for the District is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Maximum Assessment Roll is on file in the Office of the City Clerk of the City of Brentwood and is shown in this Report as Appendix “A”.

Page 594 of 736 ends

Formation of LLAD No. 25-1 (The Meadows)
Engineer’s Report Fiscal Year 2025-26 APPENDIX A
A-1

APPENDIX A

MAXIMUM ASSESSMENT ROLL

Page 595 of 736 ends

Formation of LLAD No. 25-1 (The Meadows)
Engineer’s Report Fiscal Year 2025-26 APPENDIX A
A-2
Assessor Parcel Development FY 2025-26 Assessor Parcel Development FY 2021-22 Number(s) Name Maximum Assessment Number(s) Name Maximum Assessment 007-760-001 The Meadows $849.62 007-760-079 The Meadows $849.62 007-760-002 The Meadows $849.62 007-760-080 The Meadows $849.62 007-760-003 The Meadows $849.62 007-760-081 The Meadows $849.62 007-760-004 The Meadows $849.62 007-760-082 The Meadows $849.62 007-760-005 The Meadows $849.62 007-760-083 The Meadows $849.62 007-760-006 The Meadows $849.62 007-760-084 The Meadows $849.62 007-760-007 The Meadows $849.62 007-760-085 The Meadows $849.62 007-760-008 The Meadows $849.62 007-760-086 The Meadows $849.62 007-760-009 The Meadows $849.62 007-760-087 The Meadows $849.62 007-760-010 The Meadows $849.62 007-760-088 The Meadows $0.00 007-760-011 The Meadows $849.62 007-760-089 The Meadows $0.00 007-760-012 The Meadows $849.62 007-760-090 The Meadows $0.00 007-760-013 The Meadows $849.62 007-760-091 The Meadows $0.00 007-760-014 The Meadows $849.62 007-760-092 The Meadows $0.00 007-760-015 The Meadows $849.62 007-760-093 The Meadows $0.00 007-760-016 The Meadows $849.62 007-760-094 The Meadows $0.00 007-760-017 The Meadows $849.62 007-770-001 The Meadows $849.62 007-760-018 The Meadows $849.62 007-770-002 The Meadows $849.62 007-760-019 The Meadows $849.62 007-770-003 The Meadows $849.62 007-760-020 The Meadows $849.62 007-770-004 The Meadows $849.62 007-760-021 The Meadows $849.62 007-770-005 The Meadows $849.62 007-760-022 The Meadows $849.62 007-770-006 The Meadows $849.62 007-760-023 The Meadows $849.62 007-770-007 The Meadows $849.62 007-760-024 The Meadows $849.62 007-770-008 The Meadows $849.62 007-760-025 The Meadows $849.62 007-770-009 The Meadows $849.62 007-760-026 The Meadows $849.62 007-770-010 The Meadows $849.62 007-760-027 The Meadows $849.62 007-770-011 The Meadows $849.62 007-760-028 The Meadows $849.62 007-770-012 The Meadows $849.62 007-760-029 The Meadows $849.62 007-770-013 The Meadows $849.62 007-760-030 The Meadows $849.62 007-770-014 The Meadows $849.62 007-760-031 The Meadows $849.62 007-770-015 The Meadows $849.62 007-760-032 The Meadows $849.62 007-770-016 The Meadows $849.62 007-760-033 The Meadows $849.62 007-770-017 The Meadows $849.62 007-760-034 The Meadows $849.62 007-770-018 The Meadows $849.62 007-760-035 The Meadows $849.62 007-770-019 The Meadows $849.62 007-760-036 The Meadows $849.62 007-770-020 The Meadows $849.62 007-760-037 The Meadows $849.62 007-770-021 The Meadows $849.62 007-760-038 The Meadows $849.62 007-770-022 The Meadows $849.62 007-760-039 The Meadows $849.62 007-770-023 The Meadows $849.62 007-760-040 The Meadows $849.62 007-770-024 The Meadows $849.62 007-760-041 The Meadows $849.62 007-770-025 The Meadows $849.62 007-760-042 The Meadows $849.62 007-770-026 The Meadows $849.62 007-760-043 The Meadows $849.62 007-770-027 The Meadows $849.62 007-760-044 The Meadows $849.62 007-770-028 The Meadows $849.62 007-760-045 The Meadows $849.62 007-770-029 The Meadows $849.62 007-760-046 The Meadows $849.62 007-770-030 The Meadows $849.62 007-760-047 The Meadows $849.62 007-770-031 The Meadows $849.62 007-760-048 The Meadows $849.62 007-770-032 The Meadows $849.62 007-760-049 The Meadows $849.62 007-770-033 The Meadows $849.62 007-760-050 The Meadows $849.62 007-770-034 The Meadows $849.62 007-760-051 The Meadows $849.62 007-770-035 The Meadows $849.62 007-760-052 The Meadows $849.62 007-770-036 The Meadows $849.62 007-760-053 The Meadows $849.62 007-770-037 The Meadows $849.62 007-760-054 The Meadows $849.62 007-770-038 The Meadows $849.62 007-760-055 The Meadows $849.62 007-770-039 The Meadows $849.62 007-760-056 The Meadows $849.62 007-770-040 The Meadows $849.62 007-760-057 The Meadows $849.62 007-770-041 The Meadows $849.62 007-760-058 The Meadows $849.62 007-770-042 The Meadows $849.62 007-760-059 The Meadows $849.62 007-770-043 The Meadows $849.62 007-760-060 The Meadows $849.62 007-770-044 The Meadows $849.62 007-760-061 The Meadows $849.62 007-770-045 The Meadows $849.62 007-760-062 The Meadows $849.62 007-770-046 The Meadows $849.62 007-760-063 The Meadows $849.62 007-770-047 The Meadows $849.62 007-760-064 The Meadows $849.62 007-770-048 The Meadows $849.62 007-760-065 The Meadows $849.62 007-770-049 The Meadows $849.62 007-760-066 The Meadows $849.62 007-770-050 The Meadows $849.62 007-760-067 The Meadows $849.62 007-770-051 The Meadows $849.62 007-760-068 The Meadows $849.62 007-770-052 The Meadows $849.62 007-760-069 The Meadows $849.62 007-770-053 The Meadows $849.62 007-760-070 The Meadows $849.62 007-770-054 The Meadows $0.00 007-760-071 The Meadows $849.62 007-770-055 The Meadows $0.00 007-760-072 The Meadows $849.62 007-770-056 The Meadows $0.00 007-760-073 The Meadows $849.62 007-770-057 The Meadows $0.00 007-760-074 The Meadows $849.62 007-770-058 The Meadows $0.00 007-760-075 The Meadows $849.62 007-770-059 The Meadows $0.00 007-760-076 The Meadows $849.62 007-770-060 The Meadows $0.00 007-760-077 The Meadows $849.62 007-770-061 The Meadows $0.00 007-760-078 The Meadows $849.62
LLAD No. 25-1 (The Meadows) LLAD No. 25-1 (The Meadows) Total $118,946.80

Page 596 of 736 ends

Formation of LLAD No. 25-1 (The Meadows)
Engineer’s Report Fiscal Year 2025-26 APPENDIX B
B-1

APPENDIX B

BENEFIT BOUNDARY DIAGRAMS

Page 597 of 736 ends

*
*
Street Lighting and Landscaping along Arterial and Major Roadways Benefit Boundary Diagram
LLAD No. 25-1
¯ 0 2,500 5,000
Feet
4 4
Brentwood Blvd
Sellers Ave
Sunset Rd
Concord Ave
Byron Hwy
Bixler Rd
Chestnut St
Brentwood Blvd
Minnesota Ave
The Meadows
Project Site
B-2
Neroly Rd Delta Rd
Brentwood Blvd
O'Hara Ave
Sycamore Ave
Sand Creek Rd
Oak St
Lone Tree Wy
Fairview
Ave
Empire Ave
Shady Willow Ln
Jeffrey Wy Sand Creek Rd
Balfour Rd
Central Blvd
Fairv ei w
Ave
Griffith Ln
Walnut Blvd
Vineyards Pkwy
Legend
LLAD No. 25-1 Boundary
City Limit
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Parcels within City Limits
City Arterial/Major Roadways

Page 598 of 736 ends

LLAD No. 25-1
Parks Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blvd
Fairview Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
Sunset
Park
Aquatic Complex
& Skate Park
King
Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Sand Creek
Soccer
The Meadows
Project Site
B-3
4 2,000 1,000 0 2,000
Feet
Legend
LLAD No. 25-1 Boundary
City Limit
Parcel Lines
Parcels within the
Neighborhood Park Boundary
Community Park
Neighborhood Park

Page 599 of 736 ends

City of Brentwood - LLAD No. 25-1 In-Tract Benefit Diagram ±
275 137.5 0 275
Feet
Legend
LLAD 25-1 Boundary
Parcel Lines
Proposed Landscaping

MARSH CREEK RD
B-4 Page 600 of 736
LLAD No. 25-1
Trails Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blv
F
d
airview
Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
The Meadows
Project Site
B-5
4 2,000 1,000 0 2,000
Feet
Legend
LLAD No. 25-1 Boundary
City Limit
Parcel Lines
Parcels within the
Trail Boundary
Regional Trails
Regional Trails (future)
Local Trails
Local Trails (future)

Page 601 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
SUBJECT: Adopt a Resolution Approving an Amendment to the Agreement with Schneider Electric Building Americas, Inc., for the Fleet Electrification Project
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to execute a construction amendment (“Construction Amendment”) in the amount of $2,818,141 to the Turnkey Design and Energy Services Agreement (“Agreement”), which would bring the not-to-exceed Agreement total to $2,996,141, with Schneider Electric Building Americas, Inc. (“Schneider Electric”) for the Fleet Electrification Project, CIP Project No. 337-37265 (“Project”), plus funding authorization for a 5% contingency (of the amended Agreement total) in the amount of $149,807; amending the FY 2025/26 – 2029/30 Capital Improvement Program; amending the FY 2025/26 Operating Budget for the associated grant revenue and funding transfers; and finding the Project exempt from CEQA.

As further set forth below, the Project is exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures).

FISCAL IMPACT
The City was awarded 65% of the total estimated construction cost for the Project in grant funding (inclusive of design and construction) from the Bay Area Air District (formerly known as the Bay Area Air Quality Management District or “BAAQMD”) for the design and construction of electric vehicle charging infrastructure, which was approved as part of the Capital Improvement Program (“CIP”) Project budget and was included in the 2025/26 – 2029/30 CIP.

Page 602 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
BAAQMD Grant Funding Shortfall:

Based on the BAAQMD Grant Funding guidelines, the City will receive 65% estimated eligible costs. At the time the grant application was submitted, the estimated eligible costs were $4,504,986. Since then, the estimated eligible costs have been revised to $2,996,141. Therefore, the expected BAAQMD grant funding has decreased from $2,928,000 to $1,947,492.

The proposed revised Project budget is $3,145,948, so additional funding of $1,198,456 will be required to move forward with construction. Funding in the amount of $260,000 from the General Fund and Enterprise Funds is already included in the current approved Project budget, leaving the need for additional funding of $908,456. Staff is proposing additional funding from the sources below.

Additional Funding:

Inflation Reduction Act (“IRA”) Tax Credits
Staff has identified up to $560,000 in Federal Inflation Reduction Act Tax Credits that can offset this shortfall. The availability of these credits to the City has been confirmed, with the requirement that the Project begin construction before the end of this calendar year.

IRA Tax Credit Funding FY 25/26 Funding
Amount
IRA Investment Tax Credit – Direct Pay for Solar PV $460,000 IRA EV Charging Infrastructure Credit $100,000
General Fund and Enterprise Funds
Staff is requesting an additional funding of $348,456 from the General Fund and Enterprise Funds.

Fund
Additional FY 25/26
Funding Amount
General Fund $109,102
Solid Waste Enterprise $92,271
Water Enterprise $80,981
Wastewater Enterprise $66,102
Including the IRA tax credits and the additional amounts from the General Fund and Enterprise Funds, sufficient funding would be available to proceed with the Project.

Staff recommends amending the 2025/26 – 2029/30 CIP for the updated Project budget and amending 2025/26 Operating Budgets for the associated grant revenues and project funding transfers.

Page 603 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
The proposed Project budget adjustments are displayed below:

Current Approved
Funding
FY 25/26
Amended Funding Difference
General Fund $90,799 $199,901 $109,102
Enterprise Funds $199,201 $438,555 $239,354
Other (Grants) $2,928,000 $2,507,492* ($420,508)
Total Project
Budget $3,218,000 $3,145,948 ($72,052)
*Includes grant funding from BAAQMD and Federal Inflation Reduction Act Tax Credits.

Additional Alternate Funding Sources:

If obtained, staff has identified two (2) additional grant opportunities that could further supplement Project funding. Staff has submitted grant applications for the Project and eligible funding is approximately $723,726, as shown below:

Alternate Funding FY 25/26 Funding Amount
PG&E EV Fleet Program $200,000
EngerIIZE Fast Track 2025 $523,726
Should staff be successful in obtaining these additional grants, staff would return to Council with updates to Project funding, allowing funds to be returned to the General Fund and Enterprise Funds.

Estimated Future Operating Savings:

Once the Project is operational, it is projected to generate more than $5,000,000 in fuel, vehicle maintenance and electricity savings over the 30-year lifecycle of the technologies (see Attachment 4). As the City is mandated to start transitioning its fleet to electric vehicles, this investment in charging infrastructure reduces the City’s General Fund and Enterprise Funds obligations over time.

BACKGROUND
In September 2020, the State of California (“State”), by Executive Order N-79-20, set the goal that 100 percent of in-state sales of new passenger cars and trucks be

Page 604 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
zero-emission by 2035, as well as medium and heavy-duty trucks by 2045 for all operations where feasible. In November 2021, the State signed the Under2 Climate Coalitions Zero Emissions Vehicles (“ZEV”) Pledge for Public Fleets that sets aggressive goals to transition fleet composition where feasible to 100 percent for ZEV’s by 2030. These regulations necessitate the design and installation of charging stations and other related infrastructure, at City facilities, for the charging of electric or plug-in hybrid fleet vehicles. Therefore, the City Council approved the Project as part of the adopted 2024/25 – 2028/29 Capital Improvement Program Budget.

In 2024, staff applied for a grant from BAAQMD to fund a project to construct EV charging equipment to enable the City to begin converting vehicles from gas powered internal combustion vehicles to electric vehicles. The project was initially projected to cost $4.5M. In December 2024, BAAQMD notified staff that the Project was being awarded $3.2M in grant funding. Staff then reduced the project scope to $3.2M in order to ensure the project was completely grant funded. BAAQMD then informed staff the grant award was actually 65% of the total project cost, so the grant was reduced.

Staff has continued to refine the Project throughout the design process, and the Project now has a total cost of $2,996,141, so the BAAQMD grant will fund $1,947,492. The remaining balance of the Project costs are proposed to be funded by the City’s Enterprise Funds, General Fund, and IRA Tax Credits as detailed in the Fiscal Impact section above.

Staff is also pursuing additional grants, and if those grants are received, the portion of the Project funded by the Enterprise Funds and General Fund will be reimbursed.

Schneider Electric Turnkey Design and Construction Energy Services Agreement:

On January 14, 2025, by Resolution No. 2025-06, the City Council held a public hearing, making certain findings pursuant to Government Code Section 4217.10, et seq., that the Project will result in significant cost savings to the City and that the cost of energy conservation measures of the Project will meet the statutory requirements for overall energy savings.

On February 11, 2025, by Resolution No. 2025-14, the City Council approved and authorized the City Manager to execute the Turnkey Design and Construction Agreement with Schneider Electric in the amount of $178,000 (“Agreement”), to provide professional services for the Project.

Page 605 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
The key phases of the Agreement were identified as: 1) Project Scoping, Grant Finalization, and Design; 2) Construction Phase; and 3) Projected Savings.

Schneider Electric has completed the first phase of the Agreement, which includes the preparation of construction documents for City approval. Preparation of final construction documents are underway, along with obtaining a building permit from the Community Development Department, prior to the start of the Project.

Staff previously advised that they would return to the City Council after completing the Project Scoping, Grant Finalization, and Design work, with a recommendation to amend the Agreement, issue a Construction Notice to Proceed, and authorize Schneider Electric to initiate the construction phase of the Project. Staff now recommends moving forward with Phase 2 of the Project, which includes approving the Construction Amendment, issuing a Notice to Proceed, and authorizing Schneider Electric to initiate the construction phase. Staff is making these recommendations now, so that construction will begin before the end of the calendar year, which will allow the City to secure the Inflation Reduction Act Credits (discussed in detail below) for electric vehicles and solar.

Inflation Reduction Act Tax Credits (“IRA Tax Credits”):

The City is eligible to receive two Federal incentives, which are based on rules updated after the new Tax Bill was signed into law: 1) Investment Tax Credit – Direct Pay for Solar PV, and 2) EV Charging Infrastructure Credit.

The Project consists of a solar PV carport to cover the electric vehicles and associated charging infrastructure; therefore, securing eligibility for the Investment Tax Credit – Direct Pay for Solar PV. Since the City is a public agency and tax-exempt, the Project is eligible for the “Direct Pay” option, where the Federal incentives are paid as a one-time cash incentive, rather than a tax credit.

Furthermore, the Project also consists of a mixture of Level 2 and Level 3 electric vehicle charging stations and associated infrastructure. The Project is eligible for incentives through Internal Revenue Code Section 30C for Alternative Fuel Vehicle Refueling Property Credit. Similarly, because the City is a public agency and taxexempt, the Project is eligible for the “Direct Pay” option where the Federal incentives are paid as a one-time cash incentive, rather than a tax credit.

The IRA Tax Credits are secured at the time of the execution of the Construction Amendment, and will be received after the Project completion.

Page 606 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
Projected Savings:

The projected savings come from replacing gas-powered vehicles with electric vehicles (“EV”s). Electricity is naturally a more efficient fuel type than gasoline. PG&E offers favorable electricity rates for commercial fleets, as long as EV charging is not done during peak electricity usage, between 4:00 p.m. and 8:00 p.m. The City is planning to charge its EV fleet, with the help of a Charge Management System, ensuring charging takes place overnight during off-peak hours. EVs also have significantly less operation and maintenance costs compared to internal combustion engines, yielding additional savings. Additionally, one of the Public Works electrical meters will be offset by a solar PV carport array, further reducing electricity costs.

The anticipated fuel, maintenance and electricity savings from the Project are expected to exceed $5,000,000 over the 30-year lifecycle of the technologies.

California Government Code Section 4217.10, et seq requires the Project cost must be paid from the associated Project savings over time. As the construction costs have been updated, so have the Project savings. The updated Project Cost Savings confirms this requirement is met (see Attachment A).

Alternate Funding Sources:

As mentioned above, staff has applied for alternate grants funding in addition to the BAAQMD and IRA tax credits, including PG&E EV Fleet Program and EnergIIZE Fast Track 2025. At this time, the City is eligible for these grants and staff believes the City will be awarded the amounts mentioned. Should staff be successful in obtaining these additional grants, staff would reduce the City contributions and utilize grant funds.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION

Page 607 of 736 ends

CITY COUNCIL AGENDA ITEM NO. H.1
10/28/2025
In accordance with the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), the installation EV chargers at an existing parking lot is categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15303 (New Construction or Conversion of Small Structures). Section 15301 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. Section 15303 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposal to install EV charging stations and other related infrastructure at existing City facilities for the charging of electric or plug-in hybrid fleet vehicles qualifies for these exemptions.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Draft Construction Amendment with Schneider Electric

4. Updated Project Cost Savings

5. CIP Budget Sheet

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On May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which includes Fleet Electrification Project, CIP Project No. 337-37265 (“Project”).

On January 14, 2025, by Resolution No. 2025-01, the City Council adopted a Resolution approving and authorizing the City Manager or designee to enter into a grant agreement with Bay Area Air Quality Management District, amended the Project budget to change the funding source from the Enterprise and General Fund to the Other Grants Fund, and increased the total Project budget to match the grant award of $3,218,000.

On January 14, 2025, by Resolution No. 2025-06, the City Council conducted a Public Hearing and adopted a Resolution making certain findings pursuant to Government Code Section 4217.10, et seq., related to a Turnkey Design and Construction Energy Services Agreement for the Project.

On February 11, 2025, by Resolution No. 2015-14, the City Council approved and authorized the City Manager or designee to execute a Turnkey Design and Construction Agreement with Schneider Electric Buildings America, Inc., in the amount not to exceed $178,000 to provide professional services for the Project.

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE A CONSTRUCTION AMENDMENT IN THE AMOUNT
OF $2,818,141 TO THE TURNKEY DESIGN AND ENERGY
SERVICES AGREEMENT (“AGREEMENT”) WHICH WOULD BRING
THE NOT-TO-EXCEED AGREEMENT TOTAL TO $2,996,141, WITH
SCHNEIDER ELECTRIC BUILDING AMERICAS, INC.
(“SCHNEIDER ELECTRIC”) FOR THE FLEET ELECTRIFICATION
PROJECT, CIP PROJECT NO. 337-37265 (“PROJECT”), PLUS
FUNDING AUTHORIZATION FOR A 5% CONTINGENCY (OF THE
AMENDED AGREEMENT TOTAL) IN THE AMOUNT OF $149,807;
AMENDING THE FY 2025/26 – 2029/30 CAPITAL
IMPROVEMENT PROGRAM; AMENDING THE FY 2025/26

OPERATING BUDGET FOR THE ASSOCIATED GRANT REVENUE
AND FUNDING TRANSFERS; AND FINDING THE PROJECT

EXEMPT FROM CEQA
WHEREAS, in September 2020, the State of California (“State”), by Executive Order N-79-20, set the goal that 100 percent of in-state sales of new passenger cars and trucks will be zero-emission by 2035, as well as medium and heavy-duty trucks by 2045 for all operations where feasible; and
WHEREAS, in November 2021, the State signed the Under2 Climate Coalitions Zero Emissions Vehicles (“ZEV”) Pledge for Public Fleets that sets aggressive goals to transition fleet composition where feasible to 100 percent for ZEV’s by 2030; and WHEREAS, these regulations necessitate the design and installation of charging stations and other related infrastructure at City facilities for the charging of electric or plug-in hybrid fleet vehicles; and
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Fleet Electrification Project, CIP Project No. 337-37265 (“Project”); and WHEREAS, the Project is exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures); and
WHEREAS, in 2024, staff applied for a Grant to fund the Project to construct EV charging equipment to enable the City to begin converting vehicles from gas powered internal combustion vehicles to electric vehicles; and

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WHEREAS, the Bay Area Air District (formerly known as the Bay Area Air Quality District or “BAAQMD”) approved the Project at its Board Meeting on December 4, 2024 and approved the award of incentive funding for the City’s Project and authorized the Executive Officer to enter into a Grant agreement with the City at its Board Meeting on December 11, 2024; and
WHEREAS, on January 14, 2025, by Resolution No. 2025-01, the City Council adopted a Resolution approving and authorizing the City Manager or designee to enter into a grant agreement with Bay Area Air Quality Management District, amended the Project budget to change the funding source from the Enterprise and General Fund to the Other Grants Fund, and increased the total Project budget to match the grant award of $3,218,000; and
WHEREAS, on January 14, 2025, by Resolution No. 2025-06, the City Council conducted a Public Hearing and adopted a Resolution making certain findings pursuant to Government Code Section 4217.10, et seq., related to a Turnkey Design and Construction Energy Services Agreement for the Project; and WHEREAS, on February 11, 2025, by Resolution No. 2025-14, the City Council approved and authorized the City Manager to execute the Turnkey Design and Construction Agreement with Schneider Electric in the amount of $178,000 (“Agreement”) to provide professional services for the Project; and WHEREAS, Schneider Electric has completed the first phase of the Agreement, which includes the preparation of construction documents for City approval; and WHEREAS, final construction documents are underway and will be completed prior to the start of the Project, and a building permit will be obtained from the Community Development Department; and
WHEREAS, at the time the Grant application was submitted, the estimated project cost was $4,504,986 and the maximum percentage of eligible reimbursement, per BAAQMD, was 65% (or $2,928,000); and WHEREAS, since the submission of the Grant application, the estimated Project costs are now $2,996,141 for design and construction, and the City will only receive 65% of the estimated cost (or $1,947,492) in grant funding from BAAQMD; and
WHEREAS, the City is eligible to receive two Federal incentives, which are based on updated rules after the new Tax Bill was signed into law, and include the Investment Tax Credit – Direct Pay for Solar PV, and the EV Charging Infrastructure Credit; and
WHEREAS, Staff has identified up to $560,000 in Federal Inflation Reduction Act Tax Credits that can offset this shortfall, including:

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Page 3 of 4 ends

Inflation Act Tax Credit Funding FY 25/26
Funding Amount
Inflation Reduction Act Investment Tax Credit
– Direct Pay for Solar PV $460,000
Inflation Reduction Act EV Charging Tax Credit $100,000 These credits require the Project to begin construction before the end of calendar year 2025; and
WHEREAS, staff is requesting an additional $348,456 in funding from the General Fund and Enterprise Funds (as shown below); and:

Fund FY 25/26 Funding Amount
General Fund $109,102
Solid Waste Enterprise $92,271
Water Enterprise $80,981
Wastewater Enterprise $66,102
WHEREAS, this additional allocation will provide sufficient Project budget for design, construction, and a 5% contingency of the amended Agreement total; and WHEREAS, staff recommends amending the 2025/26 – 2029/30 Capital Improvement Program and 2025/26 Operating Budgets and also recommends authorizing the City Manager or designee to execute a construction amendment in the amount of $2,818,141 with Schneider Electric for a total not-to-exceed Agreement amount of $2,996,141 and a 5% contingency on the amended Agreement total in the amount of $149,807.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve to:

1. Authorize and approve the City Manager or designee to execute a construction amendment in the amount of $2,818,141 to the Turnkey Design and Energy Services Agreement with Schneider Electric Building America, Inc. (“Schneider Electric”), for a not-to-exceed total Agreement amount of $2,996,141 for the Fleet Electrification Project, CIP Project No. 337-37265;

2. Authorize a contingency in the amount of $149,807;

3. Amend the FY 2025/26 – 2029/30 Capital Improvement Program to include the revised Project budget;

4. Amend the FY 2025/26 Operating Budget for the associated grant revenue and Project funding transfers; and

5. Find the Project exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.).

The installation of EV chargers at an existing parking lot is categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15303 (New Construction or Conversion of Small Structures).

Section 15301 consists of the operation, repair, maintenance, permitting,

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Page 4 of 4 ends

leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. Section 15303 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposal to install EV charging stations and other related infrastructure at existing City facilities for the charging of electric or plug-in hybrid fleet vehicles qualifies for these exemptions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of October 2025 by the following vote:

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Form Last Updated: August 2021 26
Construction Amendment

SCHEDULE I
AMENDMENT NO. ONE TO THE AGREEMENT FOR TURNKEY DESIGN AND CONSTRUCTION ENERGY

SERVICES
This Amendment No. One (this “Construction Amendment”) is executed and made effective as of October 28, 2025 (the “Construction Amendment Effective Date”) by and between the City of Brentwood a California Municipality (“Public Agency” or “City”), and Schneider Electric Buildings Americas, Inc., a Delaware corporation with California Contractors License Number 708952 (“Design/Builder”). This Construction Amendment is executed pursuant to and made part of the Agreement (defined and described below). The Agreement, as amended by this Construction Amendment, shall be referred to herein as the "Amended Agreement", and any capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the Agreement.

RECITALS
WHEREAS, pursuant to California Government Code Section 4217.12, Public Agency held a regularly scheduled public hearing on January 14, 2025, of which advanced public notice was given on December 20, 2024, to adopt certain findings related to a turnkey design and construction energy services agreement; WHEREAS, the Parties entered into that certain Agreement for Turnkey Design and Construction Energy Services dated February 11, 2025 (the "Agreement"), whereby Public Agency engaged Design/Builder to perform all of the Design Work and the Construction Work for the Project described therein; WHEREAS, Section 1.4 of the Agreement provides that, within ninety (90) days of the Project Proposal Date, Public Agency shall either (i) terminate the Agreement, or (ii) move forward with the Construction Phase by executing a mutually agreed upon Construction Amendment for a Final All-Inclusive Project Fee for completion of all Work in the Project;
WHEREAS, on October 28, 2025, Public Agency accepted the Project Proposal, and determined that Design/Builder has the technical and management capabilities and experience to implement the Project Proposal, and that the anticipated cost to Public Agency to implement the energy conservation measures (“ECMs”) identified in the Project Proposal will be less than the anticipated cost to Public Agency for thermal, electrical, and other energy, together with anticipated operational, maintenance and other costs, that would have been consumed by Public Agency in the absence of the identified ECMs in compliance with California Government Code Sections 4217.10 through 4217.18;
WHEREAS, Public Agency has further determined that the Agreement, as amended hereby, constitutes an “energy service contract” within the meaning of California Government Code Section 4217.10 et seq., that entering into this Construction Amendment to implement the Project Proposal is in the best interests of Public Agency, and that California Government Code Section 4217.10 et seq. allows Public Agency to enter into this Construction Amendment, and Public Agency now wishes to engage Design/Builder, pursuant to the terms and conditions of this Construction Amendment, to finalize the design and construct the Project for purposes of implementing the ECMs (the “Project”); and
WHEREAS, effective as of the Construction Amendment Effective Date, this Construction Amendment shall become part of the Agreement and shall serve to incorporate the details of the Construction Phase therein.

NOW, THEREFORE, in consideration of the foregoing and of the respective rights and obligations of the Parties set forth in this Construction Amendment, the Parties hereby agree as follows:

I. CONSTRUCTION AMENDMENT
The following provisions shall modify, supplement, and become part of the Agreement, as applicable:

Section 1. Amended Agreement. This Construction Amendment and all of the Exhibits attached hereto are hereby made part of the Agreement as if set forth in full therein. In the event of any conflict between the provisions

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Form Last Updated: August 2021 26
Construction Amendment
of the Agreement and the provisions of this Construction Amendment, the provisions of this Construction Amendment shall prevail.

Section 2. Scope of Construction Work. In accordance with Section 2.2 of the Agreement, the Scope of Construction Work to be performed by Design/Builder in connection with the Project is set forth on Exhibit D, attached hereto and incorporated in the Agreement by this reference.

Section 3. Construction Time. In accordance with Section 2.3.1 of the Agreement, the Preliminary Construction Schedule, setting forth the Completion Date for the Construction Work and any applicable milestone dates, is attached hereto as Exhibit E and incorporated in the Agreement by this reference.

Section 4. Final All-Inclusive Project Fee. The Final All-Inclusive Project Fee is set forth on Exhibit F, attached hereto and incorporated in the Agreement by this reference. The Final All-Inclusive Project Fee is intended to be the final all-inclusive price for all labor, materials, supplies, goods and other services needed to complete the finalization of the drawings and ultimately the construction and installation of the Project in accordance with the agreed upon Project design and construction requirements set forth in the approved Scope of Construction Work attached in Exhibit D and the approved Design Documents in Exhibit G.

Section 5. Notices to Proceed. The Public Agency will issue the first Notice to Proceed to complete the balance of design for the purpose of AHJ (as defined below) permitting, apply for and obtain the AHJ permits, and procure equipment as identified in Exhibit E within fourteen (14) calendar days the day after the Public Agency’s approval of this Construction Amendment. In addition, the Public Agency will issue the second Notice(s) to Proceed within fourteen (14) calendar days after the AHJ has issued the permits for commencement of the Scope of Construction Work as described in Exhibit D. As described further in Exhibit E, the Design/Builder shall have 248 calendar days from the date of this second Notice to Proceed to achieve Substantial Completion of the Project. This date shall be the Completion Date upon which any Liquidated Damages may become due as set forth below.

Section 6. Transfer of Title and Risk Loss. Notwithstanding anything to the contrary contained herein, title to and risk of loss associated with solar modules and inverters purchased for the Project shall pass to the Public Agency upon Design/Builder’s receipt of full payment less retention for each pay application representing the work completed regardless of when or where the Public Agency takes physical possession.

Section 7. Liquidated Damages.

A) Liquidated Damages Due to Design/Builder Delay.

It is expressly understood that if Substantial Completion is not achieved by the Completion Date, Public Agency will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Design/Builder fails to achieve Substantial Completion by the Completion Date due to causes or events within Design/Builder’s reasonable control, Public Agency will charge Design/Builder in the amount of $500.00, as liquidated damages, not as a penalty and as its exclusive remedy for Design/Builder delay, for each calendar day that Design/Builder fails to achieve the Completion Date. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the Public Agency Council or its authorized delegee.

B) Reverse Liquidated Damages Due to Unreasonable Public Agency Delay.

In compliance with the provisions of California Public Contract Code § 7102, the Design/Builder will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the Public Agency, where such delay is unreasonable under the circumstances and not contemplated by the Parties and such delay is not the result of additional work. The Design/Builder and Public Agency agree that determining actual damages is impracticable and extremely difficult. As such, the Design/Builder shall be entitled to the appropriate time extension and to payment of liquidated damages in the amount of $500.00 per day of delay in excess of the time specified for the Completion Date. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Design/Builder

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Form Last Updated: August 2021 26
Construction Amendment
expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

Section 8. General Conditions. Public Agency’s General Conditions which are attached hereto as Exhibit H, are incorporated into the Agreement, by this reference.

Section 9. Grant Agreement with BAAQMD. The Carl Moyer Program Grant Agreement between the Bay Area Air Quality Management District and the City of Brentwood is attached hereto as Exhibit I for reference only.

Section 10. Incentive Funds. Design/Builder makes no representation, warranty or guarantee that the Project or the performance thereof will entitle the Public Agency to receive any Incentive Funds. Procurement, or lack thereof, of the Incentive Funds will not alter the Final All-Inclusive Project Fee, unless stated otherwise herein, or the payment timeline associated with payment of the Final All-Inclusive Project Fee. Any and all rebate or incentive deposits paid by Design/Builder will be immediately returned to Design/Builder when received by Public Agency. “Incentive Funds” as used herein means tax credits, energy efficiency rebates, incentives, and/or loan programs for which Public Agency may apply or otherwise be eligible in connection with the Project.

II. GENERAL PROVISIONS
The following provisions shall govern the interpretation and enforcement of this Construction Amendment:

Section 1. No Other Modifications. The provisions of Part I of this Construction Amendment, together with the Exhibits referenced therein, shall be construed as the sole extent of the modifications being made to the Agreement pursuant to this Construction Amendment. Except as hereby modified, the Agreement shall continue in full force and effect in accordance with its provisions.

Section 2. Governing Law. This Construction Amendment shall be governed by and interpreted in accordance with California law, regardless of any conflict-of-laws provisions applicable in California or any other jurisdiction.

Section 3. Severability. If any provision of this Construction Amendment is determined to be invalid, illegal, or unenforceable as written, such provision shall be construed consistent with and to the fullest extent permitted under applicable law, and any such determination shall not affect or impair the validity, legality and enforceability of the remaining provisions.

Section 4. Entire Agreement. The Amended Agreement constitutes the entire understanding and agreement between the Parties pertaining to the performance by Design/Builder of the services required by the Amended Agreement.

Section 5. Mobilization Payment. In accordance with Section 2.4.3 of the Agreement, the Project Mobilization Payment of 10% of the Final All-Inclusive Project Fee, as noted in Exhibit F, will be due within one month of the Construction Amendment Effective Date for development, engineering, bonds, insurance and commencement of services defined in Exhibit D. Public Agency will issue payment within thirty (30) days of receipt of invoice for Mobilization Payment from the Design/Builder.

Section 6. Counterparts. This Construction Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same instrument. Signature pages may be detached from counterpart originals and combined to physically form one or more copies of this Construction Amendment having original signatures of both Parties.

Section 7. Due Authority of Signatories. Each person signing this Construction Amendment represents and warrants that he or she has been duly authorized by appropriate action of the Party he or she represents to execute, and thereby bind such Party to, this Construction Amendment. If Design/Builder is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.

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Form Last Updated: August 2021 26
Construction Amendment
__________________________
Section 8. Digital/Electronic Signatures. This Construction Amendment may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Construction Amendment will be construed as the Parties’ consent to do business electronically.

In Witness Whereof, the Parties have executed this Construction Amendment as evidenced by the signatures of their authorized representatives below.

City of Brentwood
By:

Schneider Electric Buildings Americas, Inc.

By: ______________________________
Chris Collins, President
Fed. Tax ID No:
75-2066352
Attest:

By:

Amanda McVey, City Clerk
Schneider Electric Buildings Americas, Inc.

Second Signature (See Section 7 above):

By:

James Danley, Treasurer
Approved as to form:

By:

Katherine Wisinski, City Attorney

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EXHIBIT D

SCOPE OF CONSTRUCTION WORK
Public Agency hereby acknowledges and agrees that the Scope of Construction Work shall be limited to, and Design/Builder shall only perform, the following:

Design/Builder shall design, engineer, obtain required Authority Having Jurisdiction (“AHJ”) permits where required, procure required devices and materials, construct, start-up, and commission a Pacific Gas & Electric (“PGE”) interconnected solar photovoltaic (“PV”) system and EV system as defined below:

Project Site
City of Brentwood – Public Works Department Municipal Services Center 2201 Elkins Way Brentwood, CA 94513

SOLAR PHOTOVOLTAIC INSTALLATION
Design Basis
• PV System Size 75.9 kW DC
• Final electrical design of the PV system and associated infrastructure will be completed prior to installation. See attached Exhibit G 60% Design Documents noting location of proposed PV system. Final configuration to be shown on 100% design drawings. • PV module basis of design is one-hundred and thirty-eight (138) Misson Solar, MSI10-550HT4T commercial modules or equal.
• Inverter basis of design is one (1) Chint SCA60KTL-DO/US-480v (60 kVA). • Monitoring system basis of design is five (5) years of service from Data Acquisition System using ALSO Energy the PV data management device that communicates and reports on energy production.
• Package, relying on Public Agency- cellular connection. Solar data monitoring system will allow for remote monitoring and access.
• Solar arrays shall be installed with a 7-degree tilt and a minimum clearance height of 13’-6”. • In accordance with NEM3.0 Interconnect Agreement the solar connection will be a line side tap on the MSB.
• Installation of structural solar canopy and racking system in location designated on Exhibit G • Installation of solar modules and associated wiring connected to solar inverters. • Installation of solar inverters and associated electrical equipment, connections, and gear to connect inverter into existing switch board.
• Installation of new AC disconnect switch in existing electrical room. • Provide energy production enclosure which will include production meter, weather station, and network switch for array monitoring.

Clarifications (Solar)
• Design/Builder is responsible for completing the Interconnect Application Agreements and submitting on behalf of the Public Agency. Public Agency shall be required sign interconnect agreement in conjunction with Utility.
• Public Agency shall provide access to PGE NEM3.0 portal and allow Design/Builder to be an authorized user. Access shall be on-going dependent on client service requirements. • This scope of Work is based on PGE not requiring any transformer or primary feeder upgrades related to the solar photovoltaic installation.
• This scope of Work is based on PGE approving the current solar photovoltaic configuration. • Final modules, inverters, and monitoring system are subject to change based on final design and at the discretion of the Design/Builder and coordination/approval by the Public Agency. • Due to construction phasing, while Structural Canopy, Racking, Panels and Inverters maybe installed, PV system will not be operable until all long lead electrical switch gear arrives and can be installed as well as permission to operate (“PTO”) by PGE. Partial shutdown will be required and will be coordinated with Public Agency.

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• Public Agency is responsible for any cost associated with any special inspectors of record and lab for testing/reporting.
• PGE requires building permit to provide PTO.
• Public Agency shall provide Design/Builder complete access to the site for installation activities and support of those activities with relocation of vehicles as required while providing suitable laydown area to support installation as shown on conceptual plans. • Public Agency understands the electrical interconnection will result in a power shutdown that will affect certain process. Design/Builder and Public Agency will coordinate with shutdown durations expecting to be in three (3) hour increments.

ELECTRIC VEHICLE (“EV”) CHARGING SYSTEM INSTALLATION
• Final electrical design of the charging systems and associated infrastructure will be completed prior to installation. See attached Exhibit G.
• The scope of Work is to provide and install one (1) Level 3 DC charging dual port chargers, sixteen (16) Level 2 AC charging dual port, 25-foot cords, cable retractor system to facilitate cord handling, and charging infrastructure to support the customer electric vehicle fleet. • Provide one (1) DCFC dual port charger (In-Charge ICE-120 kW dual port chargers) and sixteen (16) AC dual port charger (In-Charge ICE Dual-80A).
• Provide Charge Management Software including one (1) year subscription. • EV Chargers will be installed on slightly raised concrete pad and be protected by four (4) inch diameter bollards at four (4) corners of the pad.

Clarifications (EV Charging)
• Final design and drawings will be completed prior to installation in coordination with PGE.

Note: Any PGE design changes are excluded.
• This scope of Work is based on PGE approving the Public Agency’s application for EV Fleet Program and providing the full infrastructure before the meter to the panel location shown on the site plan, at no cost.
• Design/Builder to coordinate with customer for any shutdowns that may be required. • Roadway, traffic, parking striping, and signage improvements are excluded.

GENERAL CLARIFICATIONS FOR ALL WORK
• Design/Builder to secure approvals to be obtained from AHJ. • Design/Builder to pay all fees associated with AHJ permitting. • Public Agency shall be responsible for paying all costs associated with inspections and special inspections.
• Design/Builder receiving payment for mobilization and completed work is not contingent on loan, bond, or grant funding.
• Scope is based on, first shift, normal working hours, Monday through Friday, 7:00 a.m. to 7:00 p.m., non-federal holidays. Some after-hours work may be required to accomplish the scope of Work. This Scope of Construction Work assumes customer will grant Design/Builder access to the facilities after hours if needed.
• On-site staging areas will be made available by Public Agency for storage of equipment and materials in generally close area to Project at Public Agency discretion. • Public Agency shall coordinate with and provide Design/Builder complete access to the site for installation activities and support of those activities with relocation of vehicles as required while providing suitable laydown area to support installation as shown on conceptual plans. • Public Agency is responsible to notify Design/Builder of any work that may impact the Project schedule or require coordination. Design/Builder currently has not accounted for coordination with other Public Agency projects or contractors. Design/Builder is not responsible for delays caused by other work occurring within the designated Project areas.

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• When the completed Scope of Construction Work allows, the Design/Builder shall turn the work area back over to the Public Agency for use which may include after hours and weekends, as needed.
• Scope of Construction Work is based on the use of following subcontractors: Teichert Energy Utilities Group, Inc. and BEI Construction Inc.

GENERAL EXCLUSIONS FOR ALL WORK
• Installation of PV and EV systems at separate times is excluded. • Any changes to array or EV charger locations initiated by Public Agency may result in increased cost and are excluded.
• Upgrades to PGE infrastructure or mitigation work discovered by the PGE during the interconnection review process is excluded.
• Any PGE upgrades are excluded from this Scope of Construction Work. • All PGE costs are excluded from this Scope of Construction Work. • Any ADA and/or path of travel requirements are excluded. • Expansion of Public Agency’s data network or coverage to serve monitoring system is excluded. • Design changes and or relocation of underground PGE lines including, but not limited to, electrical, gas, water, sewer, irrigation, fiber optic, television, etc. is excluded. • Hard rock drilling, underground obstructions, caving soils, casing, and water mitigation are excluded.
• Lightning protection systems are excluded.
• Temporary power and lighting during scheduled PGE shutdown is excluded. • Fire alarm, fire sprinkler, CCTV, security, and communication work beyond data monitoring is excluded.
• Additional labor cost resulting from the restriction of allowable work hours or days is excluded. • Night/holiday/overtime work not performed at Design/Builder’s discretion is excluded. • Costs incurred due to lack of access to required areas or due to access to storage areas to which materials are to be delivered are excluded.
• Costs of providing access, access control, or security escorts not specified in this Scope of Construction Work is excluded.
• Assume all existing systems are currently code complaint. Bringing non-compliant systems up to current codes is excluded.
• Ground contamination and/or hazardous materials handling, testing, and/or removal are excluded.
• Supplying, installing, and maintaining a storm water pollution prevention plan (SWPPP) is excluded. Design/Builder to provide BMP to control pollutants in stormwater discharge. • Asbestos or hazardous material abatement of any kind is excluded. • Any remediation or disposal costs resulting from existing contaminated soils are excluded and will be the responsibility of the Public Agency.
• Design/Builder is not responsible for delays caused by other Public Agency projects. • Any new tariffs enacted after the date of the Construction Amendment effective date and any increases in existing tariffs enacted after the date of the Construction Amendment effective date are excluded.
• Painting or any other "decorative work" on the PV power systems are excluded. • Repairs or upgrades to the property which are otherwise required or discovered during the Project are excluded. This can include existing electrical equipment and structural improvements. • Any reporting that must be completed to government entities is excluded. • Unforeseen underground conditions are excluded.
• Suitable soil conditions are assumed at installation sites. Any added work due to differing soil conditions, seismic issues, liquefaction issues, land-use issues, or environmental concerns is excluded.
• Easements that affect proposed underground/above ground conduit/equipment installation is excluded.
• Site will be returned to previous condition other than repaving where trenching takes place.

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• Any additional paving, new landscaping and/or irrigation work not defined or outside the Project site area is excluded.

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EXHIBIT E

PRELIMINARY CONSTRUCTION SCHEDULE
The schedule below is a preliminary construction schedule which reflects the estimated durations for design, equipment procurement lead times and the necessary construction activities which represent the tasks needed for planning, coordination, and construction of the Solar Array and Electric Vehicle Charging System. While Design/Builder will strive to finish construction in advance of this schedule, actual implementation durations will be based on approval of the final design documents with the AHJ, coordination with City of Brentwood, Utility (PGE) and manufacturing lead-times. The Construction schedule updates will be periodically provided throughout the construction phase and shall always reflect the Design/Builder’s best estimates.

Following approval of design documents and issuance of construction permits from AHJ, Design/Builder will issue a Public Agency-approved reaffirmed project schedule baselining the Substantial Completion and Final Completion dates.

Notwithstanding the foregoing, and in accordance with Section 5 Notices to Proceed above, Design/Builder shall have 248 calendar days from the date of the second Notice to Proceed to achieve Substantial Completion of the Project.

Task Name Duration Start Finish
City of Brentwood Construction Schedule 461 days Thu 3/13/25 Thu 12/31/26 Solar & EV Design Development 461 days Thu 3/13/25 Thu 12/31/26 Conceptual Development Activities 90 days Thu 3/13/25 Wed 7/16/25 Contract Approval 88 days Thu 7/17/25 Mon 11/17/25
Contract Amendment Approval 74 days Thu 7/17/25 Tue 10/28/25 Public Agency to Issue first NTP to Complete
Design, Procurement of Equipment, and
Permitting
14 days Wed 10/29/25 Mon 11/17/25
NTP Received 0 days Mon 11/17/25 Mon 11/17/25
PGE Applications 197 days Mon 6/30/25 Fri 4/3/26
PV Interconnect Application 128 days Fri 10/3/25 Fri 4/3/26 Submit for PGE Supplemental Application
Review 3 days Fri 10/3/25 Tue 10/7/25
PGE Application Engineering Review 120 days Wed 10/8/25 Fri 3/27/26 Execution of Interconnect Agreement
Between Public Agency and PGE 5 days Mon 3/30/26 Fri 4/3/26 EV Application 145 days Mon 6/30/25 Tue 1/20/26
PGE EV Fleet Process 7 mons Mon 6/30/25 Tue 1/13/26
Execution of Agreement Between Public
Agency and PGE 5 days Wed 1/14/26 Tue 1/20/26
Design 171 days Mon 5/12/25 Wed 1/7/26
PV Design 171 days Mon 5/12/25 Wed 1/7/26
PV Design Package 6 wks Mon 5/12/25 Fri 6/20/25
Public Agency to Review Layout 1 day Wed 7/16/25 Wed 7/16/25

Page 622 of 736 ends

Finalize PV Design 7 wks Thu 7/17/25 Wed 9/3/25
Submit to AHJ for Permit Review &
Approval 4 wks Tue 11/18/25 Mon 12/15/25
Back Check Correction 1 wk Tue 12/16/25 Mon 12/22/25
Resubmission to AHJ 2 wks Tue 12/23/25 Wed 1/7/26
Submit to CCC Fire department for Approval 4 wks Tue 11/18/25 Mon 12/15/25 AHJ issue PV Permit 0 days Wed 1/7/26 Wed 1/7/26
EV Design 156 days Mon 5/12/25 Mon 12/15/25
EV Design Package 6 wks Mon 5/12/25 Fri 6/20/25
Public Agency to Review Layout 1 day Wed 7/16/25 Wed 7/16/25 Submit to AHJ for Permit Review &
Approval 3 wks Wed 7/9/25 Tue 7/29/25
Back Check Correction 6 wks Wed 7/30/25 Tue 9/9/25
Resubmission of Final Design Package to
AHJ 2 wks Tue 11/18/25 Mon 12/1/25
Submit to CCC Fire department for Approval 4 wks Tue 11/18/25 Mon 12/15/25 AHJ issue EV Permit 0 days Mon 12/15/25 Mon 12/15/25
Procure Equipment 184 days Tue 11/18/25 Fri 8/7/26
Submittal Packages (Subs/Vendors/SE) 3 wks Tue 11/18/25 Mon 12/8/25 Public Agency Submittal Review 2 wks Tue 12/9/25 Mon 12/22/25 Issue PO's for PV Equipment Procurement 2 wks Tue 12/23/25 Wed 1/7/26 Issue PO for EV Equipment Procurement 2 wks Wed 1/21/26 Wed 2/4/26 Solar 70 days Thu 1/8/26 Thu 4/16/26
Solar Modules 4 wks Thu 1/8/26 Thu 2/5/26
Inverters 10 wks Thu 1/8/26 Thu 3/19/26
X-Former 8 wks Thu 1/8/26 Thu 3/5/26
Structural Steel 14 wks Thu 1/8/26 Thu 4/16/26
EV Chargers 130 days Thu 2/5/26 Fri 8/7/26
EV Chargers 6 wks Thu 2/5/26 Wed 3/18/26
Transformer 130 days Thu 2/5/26 Fri 8/7/26
Switchgear (Main/Switchboard) 130 days Thu 2/5/26 Fri 8/7/26 Construction 248 days Thu 1/8/26 Thu 12/31/26
Public Agency to Issue Second NTP to
Commence PV and EV Construction 14 days Thu 1/8/26 Wed 1/28/26 14 days Wed 1/21/26 Tue 2/10/26
NTP Received PV 0 days Wed 1/28/26 Wed 1/28/26
Mobilize 15 days Thu 1/29/26 Wed 2/18/26
Site Set-up/Laydown/RR's 10 days Thu 1/29/26 Wed 2/11/26 Locate UG utilities & services 5 days Thu 2/12/26 Wed 2/18/26 PV Array 126 days Fri 4/17/26 Wed 10/14/26
Structural 23 days Fri 4/17/26 Tue 5/19/26
Pile, Racking, and Panels Installation 23 days Fri 4/17/26 Tue 5/19/26 Layout for footings 2 days Fri 4/17/26 Mon 4/20/26

Page 623 of 736 ends

Receive Materials Onsite 2 days Tue 4/21/26 Wed 4/22/26 Drill Piers 1 day Thu 4/23/26 Thu 4/23/26
Install steel cages 2 days Fri 4/24/26 Mon 4/27/26
Pour Concrete & Column 2 days Tue 4/28/26 Wed 4/29/26
Concrete Cure 4 days Thu 4/30/26 Tue 5/5/26
Installation of Structural Steel 2 days Wed 5/6/26 Thu 5/7/26 Install Solar Racking 4 days Fri 5/8/26 Wed 5/13/26
Install Solar Panels 4 days Thu 5/14/26 Tue 5/19/26
Electrical 117 days Thu 4/30/26 Wed 10/14/26
UG Electrical 15 days Thu 4/30/26 Wed 5/20/26
UG conduits and sleeves 5 days Thu 4/30/26 Wed 5/6/26
Boring/Trenching to Main Switchgear 10 days Thu 5/7/26 Wed 5/20/26 AG Solar Electrical 64 days Fri 5/8/26 Fri 8/7/26
Installation of Inverter 2 days Fri 5/8/26 Mon 5/11/26
String Wiring 7 days Wed 5/20/26 Fri 5/29/26
Form and Pour Transformer Pad 3 days Thu 5/21/26 Tue 5/26/26 Pad Cure Time 5 days Wed 5/27/26 Tue 6/2/26
Install Transformer 8 days Wed 6/3/26 Fri 6/12/26
Feeders, Conductors & Termination 15 days Mon 6/15/26 Mon 7/6/26 Schedule AHJ Inspection & Sign-Off 3 days Tue 7/7/26 Thu 7/9/26 Schedule Line Side Tap PGE 20 days Fri 7/10/26 Thu 8/6/26 Line Side Tap 1 day Fri 8/7/26 Fri 8/7/26
0 days Fri 8/7/26 Fri 8/7/26
Start Up Commissioning 47 days Mon 8/10/26 Wed 10/14/26 Pre Commissioning 5 days Mon 8/10/26 Fri 8/14/26
Request Permission To Operate (PTO) 20 days Mon 8/10/26 Fri 9/4/26 PTO Inspection by PGE 2 wks Tue 9/8/26 Mon 9/21/26
PTO Granted by PGE 1 day Tue 9/22/26 Tue 9/22/26
PV Energized 1 day Wed 9/23/26 Wed 9/23/26
Final PV Commissioning 5 days Thu 9/24/26 Wed 9/30/26
Training 2 days Thu 10/1/26 Fri 10/2/26
Punch List 2 wks Thu 10/1/26 Wed 10/14/26
PV Final Completion 0 days Wed 10/14/26 Wed 10/14/26
EV Chargers 210 days Tue 2/10/26 Tue 12/8/26
NTP Received EV 0 days Tue 2/10/26 Tue 2/10/26
EV Electrical 73 days Thu 5/21/26 Wed 9/2/26
Install UG Conduits 21 days Thu 5/21/26 Fri 6/19/26
EV Foundation 8 days Mon 6/22/26 Wed 7/1/26
Prep and Pour Concrete SWBD pad 8 days Thu 7/2/26 Tue 7/14/26 Installation of Transformer 2 days Mon 8/10/26 Tue 8/11/26 Installation of SWBD 10 days Mon 8/10/26 Fri 8/21/26
Install cabling & Terminate 8 days Mon 8/24/26 Wed 9/2/26

Page 624 of 736 ends

Install EV Chargers 3 days Wed 7/15/26 Fri 7/17/26
Schedule AHJ Inspection & Sign-Off 3 days Mon 8/24/26 Wed 8/26/26 0 days Wed 8/26/26 Wed 8/26/26
Start-Up and Commissioning 71 days Thu 8/27/26 Tue 12/8/26 PGE to Construct Utility Infrastructure and
Installs Meter 45 days Thu 8/27/26 Thu 10/29/26
PGE Inspection 2 days Fri 10/30/26 Mon 11/2/26
PGE Activates Service 15 days Tue 11/3/26 Mon 11/23/26
Final EV Commissioning 1 wk Tue 11/24/26 Wed 12/2/26
Training 2 days Thu 12/3/26 Fri 12/4/26
Punch List 9 days Tue 11/24/26 Tue 12/8/26
EV Final Completion 0 days Tue 12/8/26 Tue 12/8/26
Site Closeout 86 days Wed 8/26/26 Thu 12/31/26
Substantial Completion 0 days Wed 8/26/26 Wed 8/26/26
Finalize O&M Manuals & Turned Over 3 wks Wed 12/9/26 Thu 12/31/26 Final Completion 0 days Thu 12/31/26 Thu 12/31/26

Page 625 of 736 ends

EXHIBIT F

FINAL ALL-INCLUSIVE PROJECT FEE
The Final All-Inclusive Project Fee (inclusive of the Design Fee*) shall be: $2,996,141:
*Design Fee of $178,000 was previously authorized by Public Agency Council. These items are subsequently identified in the table above labeled with (“Previously Issued with Design Construction Agreement”).

Solar Pre-Construction
Conceptual Development (Previously Issued with Design Construction Agreement) $ 10,000 Design Development phase (Previously Issued with Design Construction Agreement) $ 79,000 Balance of Design Engineering/Permitting $ 54,129
Solar Material
Solar (Panels, Inverters, Balance of Systems, etc.) $ 79,341 Electric Infrastructure (Switchgear, Transformers, Service, etc.) $ 435,343 Solar Installation Labor
Steel Carport Subcontractor (Solar) $ 277,695
Electrical Subcontractor (Solar) $ 204,304
Solar Subtotal $ 1,139,813
EV Pre-Construction
Conceptual Development (Previously Issued with Design Construction Agreement) $ 10,000 Design Development phase (Previously Issued with Design Construction Agreement) $ 79,000 Balance of Design Engineering/Permitting $ 165,451
EV Material
1 DC EV Charger (Dual Port) $125,071
16 Level 2 Chargers (Dual Port) $208,687
Electric Infrastructure (Switchgear, Transformers, Service, etc.) $ 383,461 EV Installation Labor
Electrical Subcontractor (EV) $ 884,658
EV Subtotal $ 1,856,328
Total Project Cost $ 2,996,141

Page 626 of 736 ends

EXHIBIT G
60% DESIGN DOCUMENTS
 Exhibit G1 EV Chargers – 60% Design Documents
 Exhibit G2 PV System – 60% Design Documents

Page 627 of 736 ends

BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION CS-1 COVER SHEET ENGINEERS OF RECORD KEY PROJECT CONTACT INFORMATION SCOPE OF WORK PARTIAL LIST OF APPLICABLE STANDARDS 1 VICINITY MAP - SCALE: NTS 2 SITE PLAN - SCALE: NTS APPLICABLE CODES BLYMYER ENGINEERS DRAWING LIST EXHIBIT G1 Page 628 of 736 1 GENERAL SITE PLAN - SCALE: 1" = 20'-0" 1" = 20'-0" 0 20' 40' G-100 GENERAL SITE PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION GENERAL NOTES LEGEND E E Page 629 of 736 POWER

SCHEMATIC

MOUNTING HEIGHTS

GENERAL NOTES QUALITY ASSURANCE NOTES

EQUIPMENT SPECIFICATIONS
·
·
·
·
·
·

ACCEPTANCE TESTING

ABBREVIATIONS

ELECTRICAL SYMBOLS
℄
∅

BLYMYER

ENGINEERS
1101 MARINA VILLAGE PKWY
ALAMEDA, CA 94501
510.521.3773

BUILDING D
2201 ELKINS WAY
BRENTWOOD, CA 94513

BLYMYER

ENGINEERS
1101 MARINA VILLAGE PKWY
ALAMEDA, CA 94501
510.521.3773

NOT FOR

CONSTRUCTION
E-1.0

ELECTRICAL NOTES

Page 630 of 736 ends

GENERAL NOTES # KEYED NOTES: LOAD SUMMARY 1 SINGLE LINE DIAGRAM - SCALE: NTS 3 1 4 2 E-2.0 SINGLE LINE DIAGRAM BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 631 of 736 AC SCHEDULE AND CALCULATIONS E-2.1 WIRE SCHEDULES BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 632 of 736 GENERAL NOTES # KEYED NOTES: L1 L2 L3 G 1 L1 L2 L3 N G 1 THREE LINE DIAGRAM-EV - SCALE: NTS N G E-2.2 THREE LINE DIAGRAM BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 633 of 736 1 PANEL SCHEDULES - SCALE: NTS E-2.3 PANEL SCHEDULES BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 634 of 736 E-2.4 TITLE 24 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 635 of 736

56.75 56.50

56.75 57.00

57.00 56.75

56.75 56.75

56.50 56.50 1 ELECTRICAL SITE PLAN - SCALE: 1" = 20'-0" 1" = 20'-0" 0 20' 40' E-3.0 ELECTRICAL SITE PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION GENERAL NOTES LEGEND # KEYED NOTES: 1 1 E-3.1 2 E-3.1 3 E-3.1 Page 636 of 736 E-3.1 ELECTRICAL ENLARGED PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION GENERAL NOTES LEGEND 1 ELECTRICAL ENLARGED PLAN - (N) EV MAIN - SCALE: 1/4" = 1'-0" 0 4' 8' 1/4" = 1'-0" 0 1' 2' 2 ELECTRICAL ENLARGED PLAN - (N) EV CHARGERS (TYP.) - SCALE: 1/4" = 1'-0" 0 4' 8' 1/4" = 1'-0" 0 1' 2' ELECTRICAL ENLARGED PLAN - (N) DCFC - SCALE: 1/4" = 1'-0" 0 4' 8' 1/4" = 1'-0" 0 1' 2' 3 MFR PROVIDED PEDESTAL MTD MFR PROVIDED PEDESTAL MTD Page 637 of 736 E-7.0 ELECTRICAL DETAILS BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION 1 TRAFFIC RATED PULLBOX - SCALE: 1/2" = 1'-0" 2 NON-TRAFFIC RATED PULL BOX - SCALE: 1/2" = 1'-0" 3 LV TRENCHING - SCALE: NTS 4 DIRECTIONAL BORING DETAIL - SCALE: NTS 5 CMS ENCLOSURE - SCALE: NTS 6 COMMUNICATION WIRING DIAGRAM - SCALE: NTS Page 638 of 736 ID-XY
1 EQUIPMENT LABEL
- SCALE: NTS EQUIPMENT LABELS WARNING LABELS E-9.0 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 639 of 736 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION 1 EV DC FAST CHARGER - E-10.0 EQUIPMENT SPECIFICATIONS 2 LEVEL 2 EV DUAL CHARGER - Page 640 of 736 S-1.0 STRUCTURAL DETAILS BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 BUILDING D 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION A PAD DETAIL S-1.0 0 1' 2' 1/2" = 1'-0" 3" 6" 1 ICE-180 FAST CHARGER FOUNDATION PLAN S-1.0 1" = 1'-0" 0 1' 2' PAD DETAILS DESIGN CRITERIA CONCRETE NOTES Page 641 of 736 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION CS-1 COVER SHEET ENGINEERS OF RECORD KEY PROJECT CONTACT INFORMATION SCOPE OF WORK PARTIAL LIST OF APPLICABLE STANDARDS 1 VICINITY MAP - SCALE: NTS 2 SITE PLAN - SCALE: NTS APPLICABLE CODES BLYMYER ENGINEERS DRAWING LIST TEICHERT DRAWING LIST (BY OTHERS) EXHIBIT G2 Page 642 of 736 1 GENERAL SITE PLAN - SCALE: 1" = 20'-0" 1" = 20'-0" 0 20' 40' G-100 GENERAL SITE PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION LEGEND PROJECT PARAMETERS SYSTEM SUMMARY E E Page 643 of 736 POWER

SCHEMATIC

MOUNTING HEIGHTS

GENERAL NOTES QUALITY ASSURANCE NOTES

EQUIPMENT SPECIFICATIONS
·
·
·
·
·
·

ACCEPTANCE TESTING

ABBREVIATIONS

ELECTRICAL SYMBOLS
℄
∅

BLYMYER

ENGINEERS
1101 MARINA VILLAGE PKWY
ALAMEDA, CA 94501
510.521.3773

MSC FACILITY
2201 ELKINS WAY
BRENTWOOD, CA 94513

BLYMYER

ENGINEERS
1101 MARINA VILLAGE PKWY
ALAMEDA, CA 94501
510.521.3773

NOT FOR

CONSTRUCTION
E-1.0

ELECTRICAL NOTES

Page 644 of 736 ends

DC SCHEDULE AND CALCULATIONS INVERTER CONFIGURATION AC SCHEDULE AND CALCULATIONS 423 SYSTEM SUMMARY - GENERAL NOTES # KEYED NOTES: 1 SINGLE LINE DIAGRAM - SCALE: NTS 1 5 E-2.0 SINGLE LINE DIAGRAM BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 645 of 736 GENERAL NOTES G G G G N L3 L2 L1 ++ ++ + + + + - - - - - - - - + + + + + + - - - - - - - - GGGGGGG + + -- -- + + + + + + + + + + - - - - - - - - -- + + + + 1 3 4 2 N 1 THREE LINE DIAGRAM - SCALE: NTS G L1 L2 L3 N G 5 # KEYED NOTES: E-2.1 THREE LINE DIAGRAM BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 646 of 736

56.75 56.50

56.75 56.75

56.75 56.50 1 ELECTRICAL SITE PLAN - SCALE: 1" = 20'-0" 1" = 20'-0" 0 20' 40' E-3.0 ELECTRICAL SITE PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION GENERAL NOTES LEGEND # KEYED NOTES: 1 2 3 1 E-3.1 Page 647 of 736 1 ELECTRICAL ENLARGED PLAN - (E) ELECTRICAL ROOM - SCALE: 1/4" = 1'-0" 0 4' 8' 1/4" = 1'-0" 0 1' 2' E-3.1 ELECTRICAL ENLARGED PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION GENERAL NOTES LEGEND # KEYED NOTES: 1 Page 648 of 736

56.50 1 STRINGING PLAN - SCALE: NTS E-3.2 STRINGING PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION LEGEND 2 ONE-BY-ONE STRINGING - SCALE: NTS 3 SKIP STRINGING - SCALE: NTS GENERAL NOTES Page 649 of 736 1 LIGHTING PLAN - SCALE: 1" = 20'-0" 1" = 20'-0" 0 20' 40' E-5.0 LIGHTING PLAN BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION GENERAL NOTES # KEYED NOTES: LEGEND V# V12 1 TYPE 2 TYPICAL LIGHTING FIXTURE INSTALLATION - NTS Page 650 of 736 E-5.1

LIGHTING LINE

DIAGRAM

BLYMYER

ENGINEERS
1101 MARINA VILLAGE PKWY
ALAMEDA, CA 94501
510.521.3773

MSC FACILITY
2201 ELKINS WAY
BRENTWOOD, CA 94513

BLYMYER

ENGINEERS
1101 MARINA VILLAGE PKWY
ALAMEDA, CA 94501
510.521.3773

NOT FOR

CONSTRUCTION
# KEYED NOTES:
1 2
3 1 LIGHTING LINE DIAGRAM
- SCALE: NTS

GENERAL NOTES

Page 651 of 736 ends

E-5.2 TITLE 24 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTIONPage 652 of 736 E-7.0 ELECTRICAL DETAILS BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION 1 TRAFFIC RATED PULLBOX - SCALE: 1/2" = 1'-0" 2 NON-TRAFFIC RATED PULL BOX - SCALE: 1/2" = 1'-0" 3 LV TRENCHING - SCALE: NTS 4 DIRECTIONAL BORING DETAIL - SCALE: NTS Page 653 of 736 E-7.1 ELECTRICAL DETAILS BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION 3 TYPICAL CANOPY COLUMN GROUNDING - SCALE: 1/2' = 1'-0" 4- 4- 1 INVERTER MOUNTING DETAIL - SCALE: 1/2' = 1'-0" 4- 3- 4 TYPICAL GROUNDED CONDUCTOR TO STRUCTURE ATTACHMENT - SCALE: NTS G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G 5 TYPICAL MODULE GROUNDING PLAN - SCALE: NTS 6- 4- 2 PANELBOARD MOUNTING DETAIL - SCALE: 1/2' = 1'-0" 4-3- 6 TYPICAL MODULE GROUNDING DETAIL - SCALE: 1/2' = 1'-0" A PURLIN SECTION A - 1/2" = 1'-0" Page 654 of 736 WARNING LABELS E-9.0 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION 1 PV SYSTEM SOURCE DC DISCONNECT - SCALE: NTS ID-XY PHOTOVOLTAIC AC DISCONNECT WARNING! ELECTRICAL SHOCK HAZARD. DO NOT TOUCH TERMINALS. TERMINALS ON BOTH THE LINE AND LOAD SIDES MAY BE ENERGIZED IN THE OPEN POSITION. MAX. OPERATING VOLTAGE: MAX. OPERATING CURRENT: 480V PHOTOVOLTAIC SYSTEM WARNING! ELECTRICAL SHOCK HAZARD. DO NOT TOUCH TERMINALS. TERMINALS ON BOTH THE LINE AND LOAD SIDES MAY BE ENERGIZED IN THE OPEN POSITION. MAX. OPERATING VOLTAGE: MAX. OPERATING CURRENT: 480V 357.0A/POLE WARNING: PHOTOVOLTAIC POWER SOURCE MAIN AC DISCONNECT WARNING! DO NOT REPLACE FUSES WHILE THE CIRCUIT IS ENERGIZED. 2 EQUIPMENT LABEL - SCALE: NTS 3 INVERTER PANELBOARD LABEL - SCALE: NTS 4 PV SOURCE ENCLOSURE AND RACEWAY LABEL - SCALE: NTS 5 PV INVERTER AC DISCONNECT - SCALE: NTS 6 PV SYSTEM UTILITY AC DISCONNECT - SCALE: NTS 7 MARKING FOR MAIN SERVICE POI - SCALE: NTS 8 FUSE WARNING SIGN - SCALE: NTS WARNING9 ARC FLASH HAZARD WARNING - SCALE: NTS ARC FLASH AND SHOCK HAZARD PRESENT APPROPRIATE PPE REQUIRED ### [IN]- FLASH HAZARD BOUNDARY ### [CAL/CM^2] - FLASH HAZARD AT 18" REQUIRED PPE: ### ### KVAC SHOCK HAZARD WHEN COVER REMOVED ### GLOVE CLASS ### [FT] LIMITED APROACH ### [FT] RESTRICTED APPROACH BLYMYER ENGINEERS MM/DD/YYY EQUIPMENT ID - #### DANGER ARC FLASH AND SHOCK HAZARD PRESENT APPROPRIATE PPE REQUIRED ### [IN]- FLASH HAZARD BOUNDARY ### [CAL/CM^2] - FLASH HAZARD AT 18" REQUIRED PPE: ### ### KVAC SHOCK HAZARD WHEN COVER REMOVED ### GLOVE CLASS ### [FT] LIMITED APROACH ### [FT] RESTRICTED APPROACH BLYMYER ENGINEERS MM/DD/YYY EQUIPMENT ID - #### EQUIPMENT LABELS SERVICE RATED EQUIPMENT PHOTOVOLTAIC DC DISCONNECT WARNING! ELECTRICAL SHOCK HAZARD. DO NOT TOUCH TERMINALS. TERMINALS ON BOTH THE LINE AND LOAD SIDES MAY BE ENERGIZED IN THE OPEN POSITION. MAX. SYSTEM VOLTAGE (Voc): MAX. POWER VOLTAGE (Vmp): MAX. CIRCUIT CURRENT (Isc): MAX. POWER CURRENT (Imp): (*)V (*)V 46.4A 43.3A (*)-SEE TABLE BELOW DC SYSTEM VALUES 2201 ELKINS WAY BRENTWOOD, CA 94513 72.2A/ POLE 2201 ELKINS WAY BRENTWOOD, CA 94513

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SITE DIRECTORY E-9.1 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION SCALE: 1- POWER SOURCE DIRECTORY NONE SCALE: 2- POWER SOURCE DIRECTORY NONE Page 656 of 736 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION 1 PV MODULE
- E-10.0 EQUIPMENT SPECIFICATIONS
2 PV INVERTER
- Page 657 of 736
S-1.0 STRUCTURAL DETAILS BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 MSC FACILITY 2201 ELKINS WAY BRENTWOOD, CA 94513 BLYMYER ENGINEERS 1101 MARINA VILLAGE PKWY ALAMEDA, CA 94501 510.521.3773 NOT FOR CONSTRUCTION A PAD DETAIL S-1.0 0 1' 2' 1/2" = 1'-0" 3" 6" 1 ICE-180 FAST CHARGER FOUNDATION PLAN S-1.0 1" = 1'-0" 0 1' 2' PAD DETAILS DESIGN CRITERIA CONCRETE NOTES Page 658 of 736

EXHIBIT H

GENERAL CONDITIONS

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General Conditions
Article 1 - Definitions
Definitions. The following definitions shall only apply to the General Conditions where the Agreement for Turnkey Design and Construction of Energy Services is silent, unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day,” or “working day.” Agreement means the Turnkey Design and Construction Energy Services (“Agreement”) between the Public Agency and Design/Builder made effective as of February 11, 2025. “Contract” is synonymous with “Agreement” which is used throughout these General Conditions.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order has the meaning set forth in Section 0.2 of the Agreement.

City is synonymous to Public Agency which is the municipality that has entered into the Agreement with Design/Builder for performance of the Work, acting through its City Council, officers, employees, Public Agency or City Engineer, and any other authorized representatives.

City Engineer means the Public Agency or City Engineer for Public Agency and their authorized delegee(s).

Claim means a separate demand by Design/Builder for a change in the Contract Time or Final AllInclusive Project Fee, that has previously been submitted to Public Agency in accordance with the requirements of the Contract Documents, and which has been rejected by Public Agency, in whole or in part; or a written demand by Design/Builder objecting to the amount of Final Payment.

Contract Documents means, collectively, all of the documents that are clearly and unambiguously made part of the Agreement and Construction Amendment, including the Agreement, Construction Amendment; Notices to Proceed; the payment and performance bonds; the General Conditions; Exhibits; and Design Documents. See Article 3.2 of the General Conditions for order of precedence.

Contract Price means the total compensation to be paid to Design/Builder for performance of the Work, as set forth in the Agreement and Construction Amendment and as may be amended by Change Order.

The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies, or equipment following execution of the Agreement and Construction Amendment. The Contract Price is synonymous with Final All-Inclusive Project Fee.

Contract Time is synonymous to Construction Time defined in Section 2.3.1 of the Agreement.

Completion Date is defined in Section 2.3.1 of the Agreement.

Day means a calendar day unless otherwise specified.

Design Professional means the licensed individual(s) or firm(s) retained by the Design/Builder to provide architectural, engineering, or other design professional services for the Project.

DIR means the California Department of Industrial Relations.

Design/Builder is defined in the Agreement and is synonymous with “Contractor” used throughout these General Conditions.

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Drawings has the same meaning as Plans.

Engineer means the City Engineer, the Public Works Director, or their authorized delegees. If there is no City Engineer, these responsibilities will transfer to the City Project Manager (City Project Lead).

Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in their sole discretion, including Work that was not part of or incidental to the Scope of Construction Work when the Design/Builder’s proposal was submitted; Work that is substantially different from the Work as described in the Contract Documents during execution of the Agreement or Work that results from a substantially differing and unforeseeable condition.

Final Completion shall have the meaning set forth in Section 0.14 of the Agreement.

Final Payment means payment to Design/Builder of the unpaid Final All-Inclusive Project Fee, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.

Furnish means to purchase and deliver for the Project.

Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.

Inspector means the individual(s) or firm(s) retained or employed by Public Agency to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements.

Plans means the Design/Builders provided plans, drawings, details, or graphical depictions of the Project requirements, and may include Shop Drawings.

Project has the meaning set forth in Section 0.17 of the Agreement.

Final All-Inclusive Project Fee has the meaning set forth above in Part I, Section 4 of the Construction Amendment.

Project Manager means the individual designated by Public Agency to oversee and manage the Project on Public Agency’s behalf and may include their authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer.

Project Site has the meaning set forth in Section 0.20 of the Agreement.

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Request for Information or RFI means Design/Builders written request for information which may include Contract Documents, the Work or the Project, submitted to Public Agency in the manner and format specified by Public Agency.

Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Design/Builder, and subject to Public Agency acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.

Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self-perform.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for to accompany the Plans and maybe incorporated into the Contract by the Design/Builder and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party.

Substantial Completion shall have the meaning set forth in Section 0.22 of the Agreement.

Technical Specifications has the same meaning as Specifications.

Work has the meaning set forth in Section 0.23 of the Agreement Work Day or Working Day, whether or not capitalized, means a weekday when the Public Agency is open for business, and does not include holidays observed by the Public Agency.

Article 2 - Roles and Responsibilities

2.1 City.
(A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of Public Agency. Unless otherwise specified, all of Design/Builder’s communications to Public Agency (in any form) will go to or through the Project Manager. Public Agency reserves the right to reassign the Project Manager role at any time or to delegate duties to additional Public Agency representatives, without prior notice to or consent of Design/Builder.

C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Design/Builder and will serve as Public Agency’s representative for daily administration of the Project on behalf of Public Agency. Unless otherwise specified, all of Design/Builder’s communications to Public Agency (in any form) will go to or through the Project Manager. Public Agency reserves the right to reassign the Project Manager role at any time or to delegate duties to additional Public Agency representatives, without prior notice to or consent of Design/Builder.

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2.2 Design/Builder.
(A) Design/Builder. The Design Builder is responsible for both the design and construction phases of the Project and scope will include the Design Professional and the Design Builder. The Design Builder will be the single point of contact for the Public Agency when it comes coordinating all design professionals and implementation of the Project through the construction phases.
1) Design Professional. The Design Professional is responsible for the overall design of the Project and to ensure performance of the Work is in compliance with the Plans and Specifications, including any design changes authorized by a Change Order. The Design Professional’s duties may include review of submittals, visits to any Project Site, inspecting the Work, evaluating test and inspection results, and participation in Projectrelated meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive.
2) Design/Builder must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of Public Agency, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Design/Builder is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Design/Builder is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Design/Builder’s responsibilities extend to any plan, method or sequence suggested, but not required by Public Agency or specified in the Contract Documents. From the date of commencement of the Work until either the date on which Public Agency formally accepts the Project or the effective date of termination of the Contract, whichever is later, Design/Builder bears all risks of injury or damage to the Work and the materials and equipment delivered to any Project Site, by any cause including fire, earthquake, wind, weather, vandalism, or theft. (C) Project Administration. Design/Builder must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Design/Builder must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Design/Builder’s organization who is to serve as Design/Builder’s primary representative for the Project, and who has authority to act on Design/Builder’s behalf. A Subcontractor may not serve as Design/Builder’s primary representative.
(D) On-Site Superintendent. Design/Builder must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to Public Agency, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Design/Builder, and Design/Builder will be bound by the superintendent’s communications to Public Agency. Public Agency’s approval of the superintendent is required before the Work commences. If Public Agency is not satisfied with the superintendent’s performance, Public Agency may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Design/Builder’s sole expense and with no extension of Contract Time, until an approved

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superintendent is physically present to supervise the Work. Design/Builder must provide written notice to Public Agency, as soon as practicable, before replacing the superintendent. (E) Reserved.
(F) Meetings. Design/Builder, its project manager, superintendent and any primary Subcontractors requested by Public Agency, must attend a pre-construction conference, if requested by Public Agency, as well as weekly Project progress meetings scheduled with Public Agency. If applicable, Design/Builder may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by Public Agency, other contractors, or other utility owners.
(G) Construction Records. Design/Builder will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Design/Builder will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Design/Builder will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon a reasonable request by the Public Agency, Design/Builder will permit review of these construction records.
(H) Responsible Party. Design/Builder is solely responsible to Public Agency for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Design/Builder or the Subcontractors. Upon Public Agency’s written request, Design/Builder must promptly and permanently remove from the Project, at no cost to Public Agency, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.
(I) Correction of Defects. During performance of the Work, Design/Builder must promptly correct, at Design/Builder’s sole expense, any Work that is reasonably determined by Public Agency to be deficient or defective in any way, including workmanship, materials, parts, or equipment. Workmanship, materials, parts, or equipment that do not conform to the requirements under the Plans, Specifications, and other Contract Documents, as reasonably determined by Public Agency, will be considered defective and subject to rejection. Design/Builder must also promptly correct, at Design/Builder’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by Public Agency, and any Extra Work performed without Public Agency’s prior written approval. If Design/Builder fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from Public Agency, or within the time specified in Public Agency’s notice to correct if such time is greater than 5 days, Public Agency may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Final All-Inclusive Project Fee. If Public Agency elects to correct defective Work due to Design/Builder’s failure or refusal to do so, Public Agency or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Project Site on Public Agency property, in order to effectuate the correction, at no extra cost to Public Agency.

Design/Builder’s warranty obligations under Section 3.7 of the Agreement, will not be waived nor limited by Public Agency’s actions to correct defective Work under these circumstances.

Alternatively, Public Agency may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Design/Builder. This

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paragraph applies to any defective Work performed by Design/Builder during the one-year warranty period under Section 3.7 of the Agreement.
(J) Design/Builder’s Records. Design/Builder must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. (1) Design/Builder’s cost records must include all supporting documentation, that DesignBuilder maintains based on its policies and procedures which may include invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials, and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Design/Builder as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) Design/Builder must continue to maintain its Project-related records in an organized manner for a period of five years after Public Agency’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Design/Builder, Public Agency is entitled to inspect any of Design/Builder’s records relating to the Project during Design/Builder’s normal business hours. Design/Builder’s records may be subject to examination and audit by the California State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. (K) Copies of Project Documents. Design/Builder and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to Public Agency for reference at all times during construction of the Project.

2.3 Subcontractors.
(A) General. All Work which is not performed by Design/Builder with its own forces must be performed by Subcontractors. Public Agency reserves the right to approve or reject any and all Subcontractors not identified in Exhibit D proposed to perform the Work, for reasons including the Subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Public Agency’s approval of a subcontractor will not be unreasonably withheld. Each Subcontractor must obtain a Public Agency business license before performing any Work.
(B) Contractual Obligations. Design/Builder must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Design/Builder will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to Public Agency. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and Public Agency, but Public Agency is deemed to be a third-party beneficiary of the contract between Design/Builder and each Subcontractor.
(C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Design/Builder to Public Agency, subject to the prior rights of any surety, but only if

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and to the extent that Public Agency accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Design/Builder pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Public Agency determines that a Subcontractor is unacceptable to Public Agency based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), Public Agency may request removal of the Subcontractor from the Project. Upon receipt of a written request from Public Agency to remove a Subcontractor pursuant to this paragraph, Design/Builder will immediately remove the Subcontractor from the Project and, at no further cost to Public Agency, will either (1) self-perform the remaining Work to the extent that Design/Builder.

Design/Builder is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by Public Agency. To the full extent permitted by law, Design/Builder must hold harmless and indemnify Public Agency against any and all claims arising from or related to Design/Builder’s active negligence, or willful hindrance resulting in delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.

2.4 Coordination of Work.
(A) Concurrent Work. Public Agency reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by Public Agency.

To the full extent permitted by law, Contractor must hold harmless and indemnify Public Agency against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.
(B) Coordination. If Design/Builder’s Work will connect or interface with work performed by others, Design/Builder is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Design/Builder is responsible for any failure by Design/Builder or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Design/Builder must give the Project Manager prompt written notification of any defects Design/Builder discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Design/Builder that the work of others is not defective and will not prevent the proper execution of the Work. Design/Builder must also promptly notify Public Agency if work performed by others, including work or activities performed by Public Agency’s own forces, is operating to hinder, delay, or interfere with Design/Builder’s timely performance of the Work. Public Agency reserves the right to backcharge Design/Builder for any additional costs incurred due to Design/Builder’s failure to comply with the requirements in this Section 2.4. (1) Public Agency Coordination Responsibility. The Public Agency will be responsible for disclosing to Design/Builder other work being performed on or adjacent to the Project site which may impact Design/Builders scope of work. Failure by the Public Agency to disclose such work could result in a schedule or cost impact to the Design/Builder.

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2.5 Submittals.
(A) Unless otherwise specified, equipment listed in the design drawings shall be considered the basis of design and Design/Builders will only provide submittals for the following component that are referenced in the design drawings.
(1) Electric Vehicle Chargers
a. Electric Vehicle Design Drawings
b. EV Chargers
c. Electrical Gear - Switch Gear, Switch Boards, Transformers, Panelboard (2) Solar Array
a. Solar Array Design Drawings
b. Solar Panels.
c. Inverters
d. Color Swatch for Structural Steel Canopy
(B) General. Design/Builder is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(C) Time and Manner of Submission. Design/Builder must ensure that its submittals are prepared and delivered in a manner consistent with the current Public Agency-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. Public Agency will take no longer than five (5) working days to review submitted submittal packages
(D) Required Contents. Each submittal must include the Project name and contract number, Design/Builder’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(E) Required Corrections. If corrections are required, Design/Builder must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (F) Effect of Review and Acceptance. Review and acceptance of a submittal by Public Agency will not relieve Design/Builder from complying with the requirements of the Contract Documents. Design/Builder is responsible for any errors in any submittal, and review or acceptance of a submittal by Public Agency is not an assumption of risk or liability by Public Agency.
(G) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without Public Agency’s prior acceptance of a required submittal is performed or provided at Design/Builder’s risk, and Design/Builder may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of Public Agency, including costs for the Design Professional, Project Manager, or Inspector. (H) Excessive RFIs. A RFI will be considered excessive or unnecessary if Public Agency determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. Public Agency’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.

2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Design/Builder’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. If Public Agency requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings,

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Design/Builder will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by Public Agency. Design/Builder is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by Public Agency does not relieve Design/Builder of Design/Builder’s responsibility.

Public Agency will take no longer than five (5) working days to review submitted shop drawing packages.

2.7 Access to Work. Design/Builder must afford prompt and safe access to any Project site by Public Agency and its employees, agents, or consultants authorized by Public Agency; and upon request by Public Agency, Design/Builder must promptly arrange for Public Agency representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work.

2.8 Personnel. Design/Builder and its Subcontractors must employ only competent and skillful personnel to perform the Work. Design/Builder and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Design/Builder and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety.

Any such discharged personnel may not be re-employed or permitted on the Project in any capacity without Public Agency’s prior written consent.

2.9 Request for Information. Due to time is of the essence, the Public Agency will work to respond to RFI’s Submitted by the Design Builder as soon as possible and will take no longer than three (3) working days to formally respond to submitted RFI’s including requesting additional time to review if necessary.

Article 3 - Contract Documents

3.1 Interpretation of Contract Documents.
(A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Design/Builder must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Design/Builder must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Plans will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and largescale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Design/Builder’s field investigation. Design/Builder may request access to underlying or background information in Public Agency’s possession that is necessary for Design/Builder to form its own conclusions. (B) Duty to Notify and Seek Direction. If Design/Builder becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Design/Builder must

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promptly submit a Request for Information to the Engineer and wait for a response from Public Agency before proceeding further with the related Work. The RFI must notify Public Agency of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Design/Builder. If Design/Builder proceeds with the related Work before obtaining Public Agency’s response, Design/Builder will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay.

Delay resulting from Design/Builder’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Design/Builder believes that Public Agency’s response to an RFI justifies a change to the Final All-Inclusive Project Fee or Contract Time, Design/Builder must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Articles 5 and 6 of the General Conditions within this Construction Amendment.)
(C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.
(E) Measurements. Design/Builder must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements.
(F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws.

3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. In case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version:
(A) Change Orders;
(B) Addenda;
(C) Agreement;
(D) Construction Amendment;
(E) Notices to Proceed (first and second);
(F) General Conditions;
(G) Payment and Performance Bonds;
(H) Design/Builder Plans;
(I) Design/Builder Specifications;
(J) Building Code – 2022 CEC, 2022 BCB;
(K) Design/Builder’s Project Proposal and attachments; and (L) Public Agency’s standard specifications, if provided to Design/Builder prior to execution of the Agreement.

3.4 For Reference Only. Design/Builder is responsible for the careful review of any document, study, or report provided by Public Agency or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Design/Builder is advised that Public Agency or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract

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Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only.

3.5 Current Versions. Unless otherwise specified by Public Agency, any reference to standard specifications, technical specifications, or any Public Agency or state codes or regulations means the latest specification, code, or regulation in effect on the date that bids were due.

3.6 Conformed Copies. If Public Agency prepares a conformed set of the Contract Documents following award of the Contract, it will provide Design/Builder with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Design/Builder’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Design/Builder’s sole expense.

Article 4 – Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds. See Section 2.1.2 of the Agreement. (A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from Public Agency, Design/Builder must substitute a surety acceptable to Public Agency. If Design/Builder fails to substitute an acceptable surety within the specified time, Public Agency may, at its sole discretion, withhold payment from Design/Builder until the surety is replaced to Public Agency’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Final All-Inclusive Project Fee. If the Final AllInclusive Project Fee increases during construction by five percent or more over the original Final All-Inclusive Project Fee, Design/Builder must provide supplemental or replacement bonds within ten days of written notice from Public Agency pursuant to this Section, covering 100% of the increased Final All-Inclusive Project Fee and using the bond forms included with the Contract Documents.

4.2 Indemnity. See Article 7 of the Agreement.

4.3 Insurance. See Article 6 of the Agreement.

4.4 Additional Insurance Requirements. In addition to the insurance required under Section 6.1 of the Agreement, no later than ten days following execution of this Construction Amendment, Design/Builder must procure and provide proof of the additional insurance coverage required by this Section in the form of certificates and endorsements acceptable to Public Agency. (A) Additional Policy and Limits. The following additional insurance policy and limits are required for the Agreement:
(1) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work.
(B) All provisions of Sections 6.2 through and including Section 6.11 of the Agreement also apply to the Pollution Liability Insurance.

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Article 5 - Contract Time for Performance

5.1 Time is of the Essence. Time is of the essence in Design/Builder’s performance and completion of the Work, and Design/Builder must diligently prosecute the Work and complete it within the Contract Time.
(A) General. Design/Builder must commence the Work on the date indicated in the Notices to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and by the Completion Date. Design/Builder may not begin performing the Work before the date specified in the Notices to Proceed. (B) Authorization. Design/Builder is not entitled to compensation or credit for any Work performed before the date specified in the Notices to Proceed, with the exception of any design work, schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notices to Proceed.
(C) Rate of Progress. Design/Builder and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If the Design/Builder falls behind schedule without providing an acceptable recovery plan, Design/Builder may need to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to Public Agency, in order to achieve a rate of progress satisfactory to Public Agency. If DesignBuilder fails to comply with Public Agency’s directive in this regard, Public Agency may, at Design-Builder’s expense, separately contract for additional workers, materials, or equipment or use Public Agency’s own forces to achieve the necessary rate of progress. Alternatively, Public Agency may terminate the Contract based on Design/Builder’s default.

5.2 Schedule Requirements. Design/Builder must prepare all schedules using standard, Microsoft Project scheduling software, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Design/Builder must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications.
(A) Specialized Materials Ordering. Within five calendar days following issuance of the first Notice to Proceed, Design/Builder following approval of submittals by owner, must order any specialized material or equipment for the Work that is not readily available from material suppliers. Design/Builder must also retain documentation of the purchase order date(s).

Baseline (As-Planned) Schedule. Within ten calendar days following Public Agency’s issuance of the second Notice to Proceed (or as otherwise specified in the Notice to Proceed), Design/Builder must submit to Public Agency for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Design/Builder plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials, and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by Public Agency, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (B) Public Agency’s Review of Schedules. Public Agency will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Design/Builder is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the

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schedule to address the exceptions. Public Agency’s review or acceptance of Design/Builder’s schedules will not operate to waive or limit Design/Builder’s duty to complete the Project within the Contract Time, nor to waive or limit Public Agency’s right to assess liquidated damages for Design/Builder’s unexcused failure to do so.
(C) Progress Schedules. After Public Agency accepts the final baseline schedule with no exceptions, Design/Builder must submit an updated progress schedule and three-week lookahead schedule, in a Microsoft Project Gantt Chart format, for review and acceptance with each application for a progress payment, or when otherwise specified by Public Agency, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Design/Builder must also submit periodic reports to Public Agency of any changes in the projected material or equipment delivery dates for the Project. (1) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Design/Builder fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which Public Agency has noted exceptions that are not corrected, Public Agency may withhold up to five percent from payment(s) otherwise due to Design/Builder until the exceptions are resolved, the schedule is corrected and resubmitted, and Public Agency has accepted the schedule. In addition, Design/Builder’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Design/Builder is out of compliance, subject only to the limits of Public Contract Code § 7102.
(D) Recovery Schedule. If Public Agency determines that the Work is more than two weeks behind schedule, within seven days following written notice of such determination, Design/Builder must submit a recovery schedule, showing how Design/Builder intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. Design/Builder and its Subcontractors must perform the Work in accordance with the most current Public Agency-accepted schedule unless otherwise directed by Public Agency. Public Agency’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect Public Agency’s right to assess liquidated damages for Design/Builder’s unexcused delay in completing the Work within the Contract Time.
(F) Posting. Design/Builder must at all times prominently post a copy of the most current Public Agency-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. Public Agency reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by Public Agency or others, or to facilitate Public Agency’s use of its property. The Contract Time or Final All-Inclusive Project Fee may be adjusted to the extent such changes in sequence actually increase or decrease Design/Builder’s time or cost to perform the Work.
(H) Authorized Working Days and Times. Design/Builder is limited to working Monday through Friday, excluding holidays, during Public Agency’s normal business hours or as authorized in writing by Public Agency. Public Agency reserves the right to charge Design/- Builder for additional costs incurred by Public Agency due to Work performed on days or during hours not expressly authorized in the Contract Documents that requested by Design/Builder,

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including reimbursement of costs incurred for inspection, testing, and construction management services.

5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If Design/Builder becomes aware of any actual or potential delay , Design/Builder must promptly notify the Public Agency in writing, regardless of the nature or cause of the delay, so that Public Agency has a reasonable opportunity to mitigate or avoid the delay.
(B) Excusable Delay. The Contract Time may be extended if Design/Builder encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Design/Builder’s control, and which Design/Builder could not have avoided or mitigated through reasonable care, planning, foresight, or diligence, provided that Design/Builder is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Design/Builder and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather.

Determination of what constitutes critical path Work scheduled for that day will be based on the most current, Public Agency-approved schedule. Design/Builder will be entitled to a noncompensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications).
(1) Design/Builder must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) Design/Builder will not be entitled to an extension of time for a Weather Delay Day to the extent Design/Builder is responsible for concurrent delay on that day. (3) Design/Builder must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment.
(D) Non-Excusable Delay. Delay which Design/Builder could have avoided or mitigated through reasonable care, planning, foresight, or diligence is “Non-Excusable Delay.” Design/Builder is not entitled to an extension of Contract Time or any compensation for Non-Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Design/Builder’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time;

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(3) Design/Builder’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) foreseeable conditions which Design/Builder could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Design/Builder;
(5) Design/Builder’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by Design/Builder’s Subcontractors or suppliers except to the extent such issues related to performance or non-performance are attributable to an Excusable Delay;
(7) the time required to respond to excessive RFIs (see Section 2.5(H)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals;
(9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by Public Agency, or outside agencies with jurisdiction over the Work; or
(11) Public Agency’s exercise or enforcement of any of its rights or Design/Builder’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals.
(E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Design/Builder is entitled to compensation for costs incurred due to delay caused by Public Agency, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Design/Builder is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to Weather Delay Days in excess of normal for a given month, as set forth in Section 5.3(C), is not Compensable Delay, and will only entitle Design/Builder to an extension of time commensurate with the time lost due to such delay. (F) Recoverable Costs. Design/Builder is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Design/Builder is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Design/Builder from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by Public Agency. Recoverable Costs will not include home office overhead or lost profit. (G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to Public Agency within 14 calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the

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requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Design/Builder has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Design/Builder’s plan for continued mitigation of the delay or its effects.
(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known.

If Design/Builder believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Design/Builder is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to Public Agency. (4) Burden of Proof. Design/Builder has the burden of proving that: the delay was an Excusable Delay or Compensable Delay, as defined above; Design/Builder has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Design/Builder has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Design/Builder were actually incurred and were reasonable under the circumstances.
(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of Public Agency’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Design/Builder may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Design/Builder’s sole recourse for an unresolved dispute based on Public Agency’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 8 of the Agreement.

Article 6 - Contract Modification

6.1 Contract Modification. Any change in the Work or the Contract Documents, including the Final All-Inclusive Project Fee or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order.

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6.2 Design/Builder Change Order Requests. Design/Builder must submit a request or proposal for a change in the Work, or a change in the Final All-Inclusive Project Fee or Completion Date as a written Change Order request or proposal.
(A) Time for Submission. Any request for a change in the Final All-Inclusive Project Fee or the Completion Date must be submitted in writing to the Public Agency within ten (10) calendar days of the date that Design/Builder first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change to the Final All-Inclusive Project Fee or impact on the Completion Date is not yet known at that time. If Public Agency requests that Design/Builder propose the terms of a Change Order, unless otherwise specified in Public Agency’s request, Design/Builder must provide the Engineer with a written proposal for the change in the Final All-Inclusive Project Fee and/ or Completion Date within ten (10) working days of receiving Public Agency’s request, in a form reasonably satisfactory to the Engineer.
(B) Required Contents. Any Change Order request or proposal submitted by Design/Builder must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, and subcontract amounts. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Design/Builder must permit Public Agency to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs.
(D) Reserved.
(E) Certification. All Change Order requests must be signed by Design/Builder and must include the following certification:
“The undersigned Design/Builder certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Design/Builder warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.”

6.3 Adjustments to Final All-Inclusive Project Fee. The amount of any increase or decrease in the Final All-Inclusive Project Fee will be determined based on the following method listed below.

Markup applies only to Public Agency-authorized time and material Work, and does not apply to any other payments to Design/Builder. For Work items or components that are deleted in their entirety, Design/Builder will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Design/Builder was notified of the Public Agency’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs on the portion of the Work that is deleted by Change Order. (A) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work including markup for overhead, profit, and other indirect costs.

6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Design-Builder has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, Public Agency may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Final All-Inclusive Project Fee or Contract Time for the adjustment to compensation or time that the Public Agency believes is merited. Design/Builder’s sole recourse to

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dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 8 of the Agreement.

6.5 Non-Compliance Deemed Waiver. Design/Builder waives its entitlement to any increase in the Final All-Inclusive Project Fee or Contract Time if Design/Builder fails to fully comply with the provisions of this Article. Design/Builder will not be paid for unauthorized Extra Work.

Article 7 - General Construction Provisions

7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License. Design/Builder must obtain and pay for all permits, fees, and licenses required to perform the Work, including a City business license.

Design/Builder must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Design/Builder must provide Public Agency with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work.
(B) Taxes. Design/Builder must pay for all taxes on labor, material, and equipment, except Federal Excise Tax to the extent that Public Agency is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Design/Builder must provide, at Design/Builder’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the Public Agency prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Design/Builder must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions.
(A) Utilities. Design/Builder must install and maintain the power, water, sewer, and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Design/Builder must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first.

Design/Builder must promptly repair any damage to Public Agency’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition.

7.3 Noninterference and Site Management. Design/Builder must avoid interfering with Public Agency’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Design/Builder must also minimize disruption of access to private property in the Project vicinity. Design/Builder must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Design/Builder must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours.

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(A) Offsite Acquisition. Unless otherwise provided by Public Agency, Design/Builder must acquire, use, and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Design/Builder may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Design/Builder must provide Public Agency with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding Public Agency harmless from any related liability, in a form acceptable to the Public Agency Attorney. (C) Traffic Management. Design/Builder must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic.

7.4 Signs. No signs may be displayed on or about Public Agency’s property, except signage which is required by Laws or by the Contract Documents, without Public Agency’s prior written approval as to size, design, and location.

7.5 Project Site and Nearby Property Protections.
(A) General. Design/Builder is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the Public Agency has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by Public Agency, Design/Builder must confine its operations to the area of the Project site indicated in the Plans and Specifications.

Design/Builder is liable for any damage caused by Design/Builder or its Subcontractors to the Work, Public Agency’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for Public Agency, including damage related to Design/Builder’s failure to adequately secure the Work or any Project Site. (1) Subject to Public Agency’s approval, Design/Builder will provide and install safeguards to protect the Work; any Project Site, including the Project site; Public Agency’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) Public Agency wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Design/Builder must immediately notify Public Agency and establish a plan, subject to Public Agency’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill.
(3) Design/Builder must remove with due care, and store at Public Agency’s request, any objects or material from the Project site that Public Agency will salvage or reuse at another location.
(4) If directed by Engineer, Design/Builder must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, Public Agency may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Design/Builder.
(5) Design/Builder will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure.

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(B) Securing Project Site. After completion of Work each day, Design/Builder must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless Public Agency approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Design/Builder and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from Public Agency. (C) Support; Adjacent Properties. Design/Builder must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to Public Agency’s property and adjacent properties and improvements thereon. Design/Builder must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More.
(D) Notification of Property Damage. Design/Builder must immediately notify the Public Agency of damage to any real or personal property resulting from Work on the Project.

Design/Builder must immediately provide a written report to Public Agency of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Design/Builder or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Design/Builder is required to file an accident report with another government agency, Design/Builder will provide a copy of the report to Public Agency.

7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work.

Design/Builder must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Design/Builder is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Design/Builder is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Design/Builder’s sole cost until Public Agency has formally accepted the Project as set forth in Article 11.3, Final Completion. Design/Builder will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered.
(B) Public Agency-Provided. If the Work includes installation of materials or equipment to be provided by Public Agency, Design/Builder is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Design/Builder must notify Public Agency of any defects discovered in Public Agency-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Design/Builder is solely responsible for any loss of or damage to such items which occurs while the items are in Design/Builder’s custody and control, the cost of which may be offset from the Final All-Inclusive Project Fee and deducted from any payment(s) due to Design/Builder.
(C) Intellectual Property Rights. Design/Builder must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices, or processes that are incorporated into the Work. Design/Builder’s indemnity obligations

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in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision.

7.7 Substitutions.
(A) Final product selection is subject to change based on final design and at the discretion of the Design/Builder due to lead time and availability so long as it is in accordance the minimum requirements of the Agreement and Construction Amendment, with final approval by the Public Agency. Unless the request for substitution was based on the lack of availability of product. (B) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Design/Builder may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item or service that is used solely for the purpose of describing the type of item or service desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item or service in every aspect of design, function, and quality, as determined by Public Agency, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (C) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Public Agency for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier. (B) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Design/Builder’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (E) Burden of Proving Equality. Design/Builder has the burden of proving the equality of the proposed substitution at Design/Builder’s sole cost. Public Agency has sole discretion to determine whether a proposed substitution is equal, and Public Agency’s determination is final.

(F) Approval or Rejection. If the proposed substitution is approved, Design/Builder is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Design/Builder must, without delay, install the item or use the service as specified by Public Agency unless the substitution request was based on the lack of availability of product.
(G) Design/Builder’s Obligations. Public Agency’s approval of a proposed substitution will not relieve Design/Builder from any of its obligations under the Contract Documents. In the event Design/Builder makes an unauthorized substitution, Design/Builder will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by Public Agency at all times and at all locations during construction and/or fabrication, including at any Project Site, shops, and yards. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Design/Builder must, at all times, make the Work available for testing or inspection. Neither Public Agency’s inspection or testing of Work, nor its failure to do so, operate

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to waive or limit Design/Builder’s duty to complete the Work in accordance with the Contract Documents.
(B) Scheduling and Notification. Design/Builder must cooperate with Public Agency in coordinating the inspections and testing. Design/Builder must submit samples of materials, at Design/Builder’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Design/Builder must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Design/Builder schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized Public Agency holiday, Design/Builder must notify the Public Agency at least two Working Days in advance for approval. If approved, Design/Builder must reimburse Public Agency for the cost of the overtime inspection or testing. Such costs, including the Public Agency’s hourly costs for required personnel, may be deducted from payments otherwise due to Design/Builder. (C) Responsibility for Costs. Public Agency will bear the initial cost of inspection and testing to be performed by independent consultants retained by Public Agency, subject to the following exceptions:
(1) Design/Builder will be responsible for the costs of any subsequent inspections or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs.
(2) Design/Builder will be responsible for inspection costs, at Public Agency’s hourly rates, for inspection time lost because the Work is not ready, or Design/Builder fails to appear for a scheduled inspection.
(3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Design/Builder prior to the inspection or testing, Design/Builder will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Design/Builder is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Design/Builder, at Design/Builder’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Design/Builder’s Obligations. Design/Builder is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection or testing of the Work does not in any way relieve Design/Builder of its obligations to perform the Work as specified. Any Work done without the inspection(s) or testing required by the Contract Documents will be subject to rejection by Public Agency.
(E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Design/Builder is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions.

7.9 Project Site Conditions and Maintenance. Design/Builder must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust

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control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to Public Agency’s prior approval.

Design/Builder must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site.
(A) Air Emissions Control. Design/Builder must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. Design/Builder must comply with all Laws, including the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.).
(B) Dust and Debris. Design/Builder must minimize and confine dust and debris resulting from the Work. Design/Builder must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Design/Builder that an airborne nuisance exists. The Engineer may direct that Design/Builder provide an approved water-spraying truck for this purpose. If water is used for dust control, Design/Builder will only use the minimum necessary.

Design/Builder must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If Public Agency determines that the dust control is not adequate, Public Agency may have the work done by others and deduct the cost from the Project Fee. Design/Builder will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Design/Builder must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by Public Agency, will be Design/Builder’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on Public Agency streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Design/Builder must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Design/Builder must dispose of all Project debris and waste materials in a safe and legal manner. Design/Builder may not burn or bury waste materials on the Project site.

Design/Builder will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system.
(E) Completion. At the completion of the Work, Design/Builder must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Design/Builder must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Design/Builder must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Design/Builder must provide all cutting, fitting and patching needed to accomplish that requirement.

Design/Builder must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, landscaping, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Design/Builder must restore to

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original condition all property or items that are not designated for alteration under the Contract Documents and leave each Project Site clean and ready for occupancy or use by Public Agency. (F) Non-Compliance. If Design/Builder fails to comply with its maintenance and cleanup obligations or any Public Agency clean up order, Public Agency may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Project Fee, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Design/Builder.

7.10 Instructions and Manuals. Design/Builder must provide to Public Agency three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified.

These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for Public Agency to easily maintain and service the materials and equipment installed for this Project.
(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to Public Agency at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to Public Agency for review. (B) Training. Design/Builder or its Subcontractors must train Public Agency’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents.

7.11 As-built Drawings. Design/Builder and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project.
(A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Public Agency may withhold the estimated cost for Public Agency to have the as-built drawings prepared from payments otherwise due to Design/Builder, until the as-built drawings are brought up to date to the satisfaction of Public Agency. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements. (B) Final Completion. Design/Builder must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Public Agency for review and acceptance as a condition precedent to Final Completion and Final Payment.

7.12 Existing Utilities.
(A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Design/Builder must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Design/Builder will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Design/Builder’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7.

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(B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Design/Builder discovers utility facilities not identified by Public Agency in the Contract Documents, Design/Builder must immediately provide written notice to Public Agency and the utility. Public Agency assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Design/Builder will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Design/Builder’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Design/Builder will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by Public Agency’s failure to provide for removal or relocation of the utility facilities.

7.13 Notice of Excavation. Design/Builder must comply with all applicable requirements in Government Code § 4216 et seq., which are incorporated by reference herein.

7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project. (A) Duty to Notify. Design/Builder must promptly, and before the following conditions are disturbed, provide written notice to Public Agency if Design/Builder finds any of the following conditions:
(1) Material that Design/Builder believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or
(3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents.
(B) Public Agency Investigation. Public Agency will promptly investigate the conditions and if Public Agency finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or 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, Public Agency will issue a Change Order. (C) Disputes. In the event that a dispute arises between Public Agency and Design/Builder regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by Public Agency, Design/Builder will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract.

Design/Builder will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Design/Builder and Public Agency.

7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Project Fee exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to Public Agency for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a

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California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.

7.16 New Utility Connections. Except as otherwise specified, Public Agency will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any.

Design/Builder must notify Public Agency sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule.

7.17 Lines and Grades. Design/Builder is required to use any benchmark provided by the Engineer.

Unless otherwise specified in the Contract Documents, Design/Builder must provide all lines and grades required to execute the Work. Design/Builder must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Design/Builder must notify the Engineer of any discrepancies found between Design/Builder’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order.

7.18 Historic or Archeological Items.
(A) Design/Builder’s Obligations. Design/Builder must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”).
(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by Public Agency. If required by Public Agency, Design/Builder must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At Public Agency’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13.

7.19 Environmental Control. Design/Builder must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials.

Design/Builder must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into Public Agency’s storm drain system and watercourses as required below. Design/Builder and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways. (A) Stormwater Permit. Design/Builder must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”).
(B) Design/Builder’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in Public Agency’s principal administrative offices, and Design/Builder must comply with it without adjustment of the Final All-Inclusive Project Fee or the Contract Time. Design/Builder must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Design/Builder also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs.

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7.20 Noise Control. Design/Builder must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Design/Builder.

7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which may be accessed online at: https://www.conservation.ca.gov/smgb/Pages/AB-3098-List.aspx.

Article 8 - Payment

8.1 Deleted or Reduced Work. Design/Builder will not be compensated for Work that Public Agency has deleted or reduced in scope, except for any labor, material, or equipment costs for such Work that Design/Builder reasonably incurred before Design/Builder learned that the Work could be deleted or reduced. Design/Builder will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Design/Builder will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the schedule of values and any other substantiating data required by the Contract Documents.
(B) Payment of Undisputed Amounts. Public Agency will pay the undisputed amount due within 30 days after Design/Builder has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. Public Agency will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may deduct or withhold additional amounts as set forth in Section 8.3, below.

8.3 Adjustment of Payment Application. Public Agency may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Design/Builder will be notified in writing of the basis for the modification to the amount requested. Public Agency may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below.

Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists.
(A) For Design/Builder’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, Public Agency may withhold or deduct an amount based on the Public Agency’s estimated cost to correct or complete the Work. (B) For loss or damage caused by Design/Builder or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, Public Agency may deduct an amount based on the estimated cost to repair or replace. (C) For Design/Builder’s failure to pay its Subcontractors and suppliers when payment is due, Public Agency may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks.

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(D) For Design/Builder’s failure to timely correct rejected, nonconforming, or defective Work, Public Agency may withhold or deduct an amount based on the Public Agency’s estimated cost to correct or complete the Work.
(E) For any unreleased stop notice, Public Agency may withhold 125% of the amount claimed.
(F) For Design/Builder’s failure to submit any required schedule or schedule update in the manner specified or within the time specified in the Contract Documents, Public Agency may withhold an amount equal to five percent of the total amount requested until Design/Builder complies with its schedule submittal obligations.
(G) For Design/Builder’s failure to maintain or submit as-built documents in the manner specified or within the time specified in the Contract Documents, Public Agency may withhold or deduct an amount based on the Public Agency’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by Public Agency, when accepted Shop Drawings are required before proceeding with the Work, Public Agency may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value.
(I) For fines, payments, or penalties assessed under the Labor Code, Public Agency may deduct from payments due to Design/Builder as required by Laws and as directed by the Division of Labor Standards Enforcement.
(J) For any other costs or charges that may be withheld or deducted from payments to Design/Builder, as provided in the Contract Documents, including liquidated damages, Public Agency may withhold or deduct such amounts from payment otherwise due to Design/Builder.

8.4 Early Occupancy. Neither Public Agency’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.

8.5 Retention. Public Agency will retain five(5%) percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.

Design/Builder is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following Public Agency’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Design/Builder may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by Public Agency. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by Public Agency’s legal counsel. If Public Agency exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (g) of Public Contract Code § 22300 (“Escrow Agreement”), and if Design/Builder disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 5 of the Agreement and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes Public Agency’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee

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of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement.
(B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Design/Builder no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by Public Agency’s governing body or authorized designee pursuant to Article 11.3(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c).

8.6 Payment to Subcontractors and Suppliers. Each month, Design/Builder must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract.
(A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, Public Agency will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by Public Agency for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. In the event the Design/Builder is deemed financially insolvent, the Public Agency may reserves the right, acting in its sole discretion, to issue joint checks made payable to Design/Builder and a Subcontractor or supplier, if Public Agency determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the Public Agency Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between Public Agency and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

8.7 Final Payment. Design/Builder’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments may be included in the Final Payment. If Design/Builder fails to submit a timely application for Final Payment, Public Agency reserves the right to unilaterally process and issue Final Payment without an application from Design/Builder in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 8 of the Agreement, the date of Final Payment is deemed to be the date that Public Agency acts to release undisputed retention as final payment to Design/Builder, or otherwise provides written notice to Design/Builder of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Design/Builder to Public Agency exceeds the amount of Final Payment, Public Agency retains the right to recover the balance from Design/Builder or its sureties.

8.8 Release of Claims. Public Agency may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Design/Builder furnishing Public Agency with a written waiver and release of all claims against Public Agency arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release.

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8.9 Warranty of Title. Design/Builder warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to Public Agency free of any claims, liens, or encumbrances upon payment to Design/Builder.

Article 9 - Labor Provisions

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Design/Builder and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.
(A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract.
(B) Penalty. Pursuant to Labor Code § 1813, Design/Builder will forfeit to Public Agency as a penalty, the sum of $25.00 for each day during which a worker employed by Design/Builder or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815.
(C) Apprentices. Design/Builder is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference.
(D) Notices. Pursuant to Labor Code § 1771.4, Design/Builder is required to post all job site notices prescribed by Laws.

9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720, 1720.3, or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the Public Agency and available online at http://www.dir.ca.gov/dlsr. Design/Builder must post a copy of the applicable prevailing rates at the Project site.
(A) Penalties. Pursuant to Labor Code § 1775, Design/Builder and any Subcontractor will forfeit to Public Agency as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Design/Builder must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
(B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Design/Builder and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates.

9.4 Payroll Records. Design/Builder must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR. (A) Design/Builder and Subcontractor Obligations. Design/Builder and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee

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employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) Design/Builder or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or their authorized representative on request, to Public Agency, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Design/Builder or Subcontractor has ten days in which to comply with the requirements of this section. If Design/Builder or Subcontractor fails to do so within the ten-day period, Design/Builder or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Design/Builder.

9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

The Public Agency has registered the project with the California Department of Industrial Relations (DIR). The project has been assigned the following DIR 20250576377.

Article 10 - Safety Provisions

10.1 Safety Precautions and Programs. Design/Builder and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Design/Builder and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Project Site, materials and equipment stored on or off site, and property at or adjacent to any Project Site.
(A) Reporting Requirements. Design/Builder must immediately notify the Public Agency of any death, serious injury or illness resulting from Work on the Project. Design/Builder must immediately provide a written report to Public Agency of each recordable accident or injury occurring at any Project Site within 24 hours of the occurrence. The written report must include:
(1) the name and address of the injured or deceased person; (2) the name and address of each employee of Design/Builder or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Design/Builder is required to file an accident report with a government agency, Design/Builder will provide a copy of the report to Public Agency.
(B) Legal Compliance. Design/Builder’s safety program must comply with the applicable legal and regulatory requirements. Design/Builder must provide Public Agency with copies of all notices required by Laws.
(C) Design/Builder’s Obligations. Any damage or loss caused by Design/Builder arising from the Work which is not insured under property insurance must be promptly remedied by Design/Builder.

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(D) Remedies. If Public Agency determines, in its sole discretion, that any part of the Work or Project site is unsafe, Public Agency may, without assuming responsibility for Design/Builder’s safety program, require Design/Builder or its Subcontractor to cease performance of the Work or to take corrective measures to Public Agency’s satisfaction. If Design/Builder fails to promptly take the required corrective measures, Public Agency may perform them and deduct the cost from the Project Fee. Design/Builder agrees it is not entitled to submit a Claim for damages, for an increase in Project Fee, or for a change in Contract Time based on Design/Builder’s compliance with Public Agency’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Design/Builder encounters materials on the Project site that Design/Builder reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Design/Builder may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to Public Agency. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.

10.3 Material Safety. Design/Builder is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Design/Builder’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Design/Builder must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Design/Builder’s employees, Subcontractors, and Public Agency.
(A) Design/Builder Obligations. Design/Builder is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Design/Builder must notify the Engineer if a specified product or material cannot be used safely.
(B) Labeling. Design/Builder must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.

10.4 Hazardous Condition. Design/Builder is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Design/Builder must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed.

10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Project Site, Design/Builder must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the Public Agency if, under the circumstances, there is inadequate time to seek prior authorization from the Public Agency.

Article 11 - Completion and Warranty Provisions

11.1 Substantial Completion
(A) Design/Builder certifies that the Work has been furnished, installed, and verified for proper operation and has been reviewed and found to be substantially complete.

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(B) Requirements for Substantial Completion. Substantial Completion of the Work is the date certified by the Public Agency when the Work is sufficiently complete, in accordance with the Contract Documents, so that the Public Agency can utilize the Work or the specified portion of the Work for which it is intended to be used.
(C) A list of items to be completed or corrected shall be identified as Punchlist Items. Based on an inspection of the work with the Design Builder, the Public Agency will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Design/Builder will specify the time by which all of the punch list items must be completed or corrected. The punch list may include Public Agency’s estimated cost to complete each punch list item if Design/Builder fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Design/Builder from fulfilling all requirements of the Contract Documents.

Design/Builder’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the Public Agency or by a third party retained by the Public Agency due to Design/Builder’s failure to timely complete any such outstanding item. (D) The Public Agency will not hold up acceptance of Substantial Completion for items outside the control of the Design/Builder or that require Utility approval such as:
a. Execution of Interconnect agreement between the Public Agency and the Utility. b. Final Utility Inspections of Installed System.
c. Issuance of PTO (Permission to Operate) by the Utility.

11.2 Warranty. See Section 3.7 of the Agreement.

11. 3 Final Completion.
(A) Final Inspection and review of Punch List items. When the Work required by this Contract is fully performed, Design/Builder must provide written notification to Public Agency requesting final inspection. The Public Agency will schedule the date and time for final inspection, which must include Design/Builder’s primary representative for this Project and its superintendent.
(B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by Public Agency’s further inspection and Public Agency’s satisfaction of all other Contract requirements, including:
a. Any commissioning required under the Contract Documents b. Submission of all final submittals, including instructions and manuals as required under Section 7.10,
c. Complete, final as-built drawings as required under Section 7.11, all to Public Agency’s satisfaction.
d. Execution of Interconnect agreement between the Public Agency and the Utility. e. Final Utility Inspections of Installed System.
f. Issuance of PTO (Permission to Operate) by the Utility. (C) Acceptance. The Project will be considered accepted upon Public Agency Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the Public Agency may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Design/Builder fails to

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complete all of the punch list items within the specified time, Public Agency may withhold up to 150% of Public Agency’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self-perform the outstanding items or to retain a third party to complete any such outstanding punch list item. (E) Commencement of Warranties. The Final Completion date is also the date of commencement of applicable warranties, as required by the Contract Documents.

11.4 Use Prior to Final Completion. Public Agency reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if Public Agency has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of Public Agency’s rights or Design/Builder’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.
(B) Public Agency’s Responsibility. Public Agency will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Final All-Inclusive Project Fee or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Design/Builder’s cost or time to complete the Work within the Contract Time.

Article 12 - Reserved
Article 13 - Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to Public Agency, if Design/Builder fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, Public Agency may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to Public Agency’s satisfaction. (A) Notice of Suspension. Upon receipt of Public Agency’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Design/Builder and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Project Site; and protect the completed and in-progress Work and materials. Design/Builder is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project.

(B) Resumption of Work. Upon receipt of the Public Agency’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Design/Builder and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Design/Builder must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Design/Builder will complete the Work within the Contract Time. (C) Failure to Comply. Design/Builder will not be entitled to an increase in the Contract Time or Final All-Inclusive Project Fee for a suspension occasioned by Design/Builder’s failure to comply with the Contract Documents.

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(D) No Duty to Suspend. Public Agency’s right to suspend the Work will not give rise to a duty to suspend the Work, and Public Agency’s failure to suspend the Work will not constitute a defense to Design/Builder’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. Public Agency reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for Public Agency’s convenience. Upon notice by Public Agency pursuant to this provision, Design/Builder must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by Public Agency except for taking measures to protect completed or in-progress Work as directed in the suspension notice, and subject to the provisions of Article 13.1(A) and (B), above. If Design/Builder submits a timely request for a Change Order in compliance with Articles 5 and 6, the Final All-Inclusive Project Fee and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Design/Builder’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Substantial Completion. If Design/Builder disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 8 of the Agreement.

13.3 Reserved.

13.4 Reserved.

13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination, Public Agency may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Design/Builder will transfer title to and deliver all completed Work and all Work in progress to Public Agency which have been paid for. (B) Submittals. Unless otherwise specified in the notice of termination, Design/Builder must immediately submit to Public Agency all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, which have been paid for
(C) Close Out Requirements. Except as otherwise specified in the notice of termination, Design/Builder must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with Public Agency’s instructions for cessation of labor and securing the Project and any other Project Site(s). (2) Comply with Public Agency’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) Design/Builder must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated.
(4) As directed in the notice, Design/Builder must assign to Public Agency or cancel existing subcontracts that relate to performance of the terminated Work, subject to any

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prior rights, if any, of the surety for Design/Builder’s performance bond, and settle all outstanding liabilities and claims, subject to Public Agency’s approval. (5) As directed in the notice, Design/Builder must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to Public Agency.
(D) Reserved.
(E) Continuing Obligations. Regardless of any Contract termination, Design/Builder’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.

Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Design/Builder and its Subcontractors agree to assign to Public Agency all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time Public Agency tenders Final Payment to Design/Builder, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.

14.3 Waiver. Public Agency’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by Public Agency. Public Agency’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by Public Agency.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due.

14.6 Survival. The provisions that survive termination or expiration of the Agreement are specified therein and the following provisions in these General Conditions shall survive termination or expiration of the Agreement: Section 2.2(J), Design/Builder’s Records, and Article 11 – Completion and Warranty Provisions.

END OF GENERAL CONDITIONS

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Brentwood City CouncilOctober 28, 2025

Brentwood City Council
October 28, 2025