Agenda packet, second session — Brentwood City Council, June 9, 2026 (part 6 of 8)

CITY COUNCIL AGENDA ITEM NO. H.1
06/09/2026
May 2026 – Present: The City Treasurer/Director of Finance and Information Systems serves as the voting Board Member and the Assistant City Manager serves as the Alternate Board Member pursuant to Resolution No. 2026-38.

February 2024 – May 2026: Sukari Beshears, Director of Human Resources/Risk Manager, served as the voting Board Member and Kerry Breen, City Treasurer/Director of Finance and Information Systems, served as the Alternate Board Member.

February 2017 – February 2024: Sukari Beshears, Director of Human Resources/Risk Manager, served as the voting Board Member and Damien Brower, City Attorney, served as the Alternate Board Member.

January 2015 – February 2017: Kerry Breen, as Assistant Finance Director and later Finance Director, served as the voting Board Member and Damien Brower, City Attorney, served as the Alternate Board Member.

CITY COUNCIL STRATEGIC INITIATIVE
This item is administrative in nature and is not associated with a specific City Council Strategic Initiative.

PREVIOUS ACTION
Previous action by the City Council is included in Attachment 2.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
This action is not a project within the meaning of the California Environmental Quality Act (CEQA) because it is an organizational and administrative action that will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, the action is exempt from CEQA pursuant to the common sense exemption under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that the appointment of representatives to the Municipal Pooling Authority Board of Directors will not have a significant effect on the environment.

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CITY COUNCIL AGENDA ITEM NO. H.1
06/09/2026

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Appoint another qualified City representative as the voting Board Member and/or Alternate Board Member based on the City Council’s preferred alignment with risk management, administrative, or legal expertise.

2. Do not approve any appointees and provide direction for staff to return with additional information. The City would retain its existing Board Member and Alternate Board Member.

ATTACHMENT(S)

1. Resolution

2. Previous Action

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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.

On January 27, 2015, the City Council adopted Resolution No. 2015-17, designating Kerry Breen as the voting board member and Damien Brower as the alternate board member for the Municipal Pooling Authority Board of Directors.

On February 14, 2017, the City Council adopted Resolution No. 2017-16, designating Sukari Beshears as the voting board member and Damien Brower as the alternate board member for the Municipal Pooling Authority Board of Directors and repealed Resolution No. 2015-17.

On February 13, 2024, the City Council adopted Resolution No. 2024-13, designating Sukari Beshears as the voting board member and Kerry Breen as the alternate board member for the Municipal Pooling Authority Board of Directors and repealed Resolution No. 2017-16.

On May 12, 2026, the City Council adopted Resolution No. 2026-38, designating the City Treasurer/Director of Finance and Information Systems as the voting Board Member and the Assistant City Manager as the Alternate Board Member for the Municipal Pooling Authority Board of Directors and repealing Resolution No. 2024-13.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPOINTING THE CITY ATTORNEY AS THE

VOTING BOARD MEMBER AND THE HUMAN RESOURCES

DIRECTOR AS THE ALTERNATE BOARD MEMBER ON THE

MUNICIPAL POOLING AUTHORITY (MPA) BOARD OF
DIRECTORS; AND REPEALING RESOLUTION NO. 2026-38 IN ITS

ENTIRETY
WHEREAS, the City of Brentwood is a member of the Municipal Pooling Authority (“MPA”), a joint powers authority that provides insurance, risk management, claims administration, and related services to its member agencies; and
WHEREAS, the governing documents of the MPA require the City Council of each member agency to appoint one voting Board Member and one Alternate Board Member to the MPA Board of Directors; and
WHEREAS, Section 5 of the MPA Amended and Restated Joint Exercise of Powers Agreement provides that each member agency shall appoint either its manager or director, or the department head or staff person responsible for its risk management function, and that the Alternate Board Member shall possess the same qualifications; and
WHEREAS, the City Attorney reports directly to the City Council and is the City official most likely to request, attend, and advise in closed-session discussions concerning significant claims, pending litigation, anticipated litigation, settlement authority, and liability exposure; and
WHEREAS, the City Attorney is responsible for advising the City Council, City Manager, and City departments regarding claims, litigation, liability exposure, indemnity obligations, insurance coverage issues, employment matters, public safety liability, and other legal risks facing the City; and
WHEREAS, the City Attorney reviews and evaluates claims presented against the City, advises the City Council regarding significant claims and potential liability exposure, coordinates notice to MPA and other applicable coverage providers, prepares or reviews claim rejections, evaluates legal and strategic considerations associated with claims resolution, selects and oversees legal counsel assigned to defend the City, and provides updates and recommendations to the City Council regarding pending litigation matters handled by defense counsel; and WHEREAS, the Human Resources Director works closely with the City Attorney on a regular basis regarding personnel matters, workplace investigations,

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labor and employment issues, workers’ compensation matters, disability accommodation issues, risk management concerns, and other matters subject to the attorney-client privilege; and
WHEREAS, the Human Resources Director is responsible for administering workers’ compensation programs, employee safety initiatives, employment-related risk management programs, personnel investigations, regulatory compliance, workplace training, disability accommodation processes, and coordination of many MPA- and ERMA-sponsored training and compliance activities; and WHEREAS, the City Council finds that the City Attorney and Human Resources Director each satisfy the qualification requirements set forth in the MPA governing documents because they are department heads with substantial responsibility for the City’s risk management functions, including claims administration, litigation management, workers’ compensation matters, employment-related risks, insurance issues, and enterprise risk management; and
WHEREAS, the City Council further finds that appointment of the City Attorney as the City’s voting representative will strengthen communication between the MPA Board and the City Council regarding risk management, claims, litigation, insurance coverage, Employment Risk Management Authority (ERMA) matters, and other governance issues affecting the City; and
WHEREAS, the City Attorney is prepared to identify MPA or ERMA developments that may warrant City Council attention and, when appropriate, recommend closed-session consideration while maintaining attorney-client privilege and protecting confidential litigation strategy.

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

1. Appoint the City Attorney as the City’s voting Board Member on the Municipal Pooling Authority Board of Directors.

2. Appoint the Human Resources Director, including any person serving in an acting or interim capacity in that position, as the City’s Alternate Board Member on the Municipal Pooling Authority Board of Directors.

3. Repeal Resolution No. 2026-38 in its entirety.

4. Direct that the appointments made herein shall remain effective until modified by subsequent action of the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of June 2026 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. H.2
06/09/2026
SUBJECT: Local Area Formation Commission (LAFCO) request for emergency out-of-agency wastewater service for 8091 Lone Tree Way
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works

TITLE/RECOMMENDATION
Consideration of LAFCO’s request that the City provide out-of-agency wastewater service to an existing residence located at 8091 Lone Tree Way due to the failure of the residence’s existing septic system and lack of available setback distance from water wells and property lines.

FISCAL IMPACT
Should Council agree to provide this service, the property owner would be required to pay the City’s current wastewater service connection fee of $7,842.91. The property would be connected for service to an existing sewer line that runs east and west along Lone Tree Way at the north end of the residential property line. The property owner would also pay $65.50 a month for wastewater service once connected. The monthly cost of service would increase in the future subject to adopted rate studies.

BACKGROUND
On March 10, 2026, Council adopted the Out of Service Area Agreements Policy (Policy No. 40-5) which formalized the City’s policy of denying any request for City utility services to a parcel outside of City Limits. This policy did not consider or distinguish between requests for new development projects, and requests from existing residents located in areas that are outside of City limits, but still retain a Brentwood address.

LAFCO recently approached staff with a request to allow the residence at 8091 Lone Tree Way to connect to the City’s sewer system. The residence currently has a septic system, a private water well, and receives garbage service through the County’s franchise agreement. The resident’s septic system has failed and requires

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CITY COUNCIL AGENDA ITEM NO. H.2
06/09/2026
replacement. Contra Costa County Environmental Health regulations require septic tanks to be set back 100 feet from private wells and 50 feet from property lines, which makes replacement of this septic system impermissible under County regulations.

A temporary holding tank has been installed on the property. The tank requires septic pumping every two weeks. LAFCO considers this a hardship and an emergency circumstance, and thus is requesting the City to consider providing wastewater service for this residence.

Staff recommends approving this request as it is for an existing residence, not a new development project, and because regular septic pumping can be loud, odorous, and disruptive to other residents in the vicinity.

Approval of this request would be limited to the existing residence at 8091 Lone Tree Way and would not constitute a general exception to Policy No. 40-5 for new development projects or other requests for out-of-agency utility service.

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
The action before the City Council is limited to consideration of whether to provide out-of-agency wastewater service to an existing residence with a failed septic system.

Staff recommends that the City Council determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, Existing Facilities, because the action involves the connection of an existing residence to an existing public utility facility with negligible or no expansion of existing or former use.

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CITY COUNCIL AGENDA ITEM NO. H.2
06/09/2026

ALTERNATIVE OPTION(S)
Alternatives include take no action, or direct staff to perform additional research or take different measures.

ATTACHMENT(S)

1. Previous Actions

2. Council/Administrative Policy 40-5

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On March 10, 2026, by Resolution No. 2026-16, the City Council adopted Council/Administrative Policy No. 40-5, Out of Service Area Agreements Policy.

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Exhibit A

COUNCIL/ADMINISTRATIVE POLICY
Subject: OUT OF SERVICE AREA

AGREEMENTS POLICY
Policy No: 40-5 Date: 3/10/2026
Resolution No: 2026-16 Page 1 of 1

CITY OF BRENTWOOD

1. PURPOSE
This policy is intended to provide clear guidance as to the processing of requests to provide City utility services (water, sewer, garbage, and/or recycled water) outside of the municipal limits of the City of Brentwood.

2. POLICY
It is the policy of the City to deny any request for City utility services outside of City limits that is submitted to the City after the date of the adoption of this policy.

If the City Council desires to consider the provision of new City utility services to a parcel outside of City limits, any member of the City Council may request such item to be brought to a regular City Council meeting following the Future Agenda Item request process set forth in the City Council’s Meeting Rules and Procedures. At the City Council’s discretion, the City Council may direct staff to enter into a new agreement for services outside of City limits that was previously approved by Council.

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CITY COUNCIL AGENDA ITEM NO. H.3
06/09/2026
SUBJECT: Adopt a resolution regarding 1) enhancement of Solid Waste collection services and 2) implementing lower water rates than were previously approved in the FY 2023/24 – 2027/28 Utility Rate Study
DEPARTMENT: Public Works and Finance
STAFF: Kerry Breen, Director of Finance & Information Systems Casey Wichert, Director of Public Works

TITLE/RECOMMENDATION
Adopt a resolution regarding 1) enhancement of Solid Waste collection services to include weekly green waste (organics) collection and 2) implementing a reduced water rate increase of 4% for FY 2026/27, lowered from the previously approved

6.5%.

FISCAL IMPACT
Reduced water rate adjustments
Staff continuously monitors the financial condition of the Water, Wastewater, and Solid Waste Enterprise Funds. The Wastewater Fund remains within the financial parameters established by the most recent utility rate study. However, due to a combination of cost savings, project cancellations, and higher than anticipated revenues, the Water Fund has the capacity to implement a lower annual rate increase compared to what was previously adopted by the City Council. The adopted rate study authorized an increase of 6.5% for FY 2026/27. Based on current financial conditions, on April 28, 2026 staff recommended and the City Council directed staff to return with a resolution formalizing a reduction in the increase to 4% (applied to the current FY 2025/26 rates).

Fiscal Year
Previously
Approved
Increase
Proposed
Reduction
FY 2026/27 6.5% 4.0%

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CITY COUNCIL AGENDA ITEM NO. H.3
06/09/2026
Enhanced Solid Waste Collection Services
The adopted rate study authorized rate increases between 3% – 5% for FY 2026/27 and 3% – 4% for FY 2027/28, depending upon type of service (cart, bin and roll-off).

The existing rate study contemplated significant additional costs associated with the implementation of Senate Bill 1383 (SB 1383) requirements. The Solid Waste Fund is in a financial position to offer enhanced collection services which would help address concerns raised by residents regarding bi-weekly collection of green waste.

On April 28, 2026 staff recommended and the City Council directed that staff return with a resolution to allow enhancement of the Solid Waste service level to include weekly green waste collection service.

Enhanced Organics Service (Weekly Garbage and Green Waste; Bi-weekly Recycling)
 One-time cost (funded by existing excess cash reserves): Approximately $4.5 million for the purchase of five new single-body garbage trucks.  On-going costs: Approximately $1.7 million per year (FY 2026/27 dollars) including three additional drivers and one additional truck mechanic.  Rate adjustment: No change to previously adopted rate increases (3% – 5%) and no expected impact to future rates.

Feature Impact/Cost
Green Waste Service (including
Organics) Weekly Collection (upgraded)
Recycling Service Bi-weekly Collection (no change)
Effect on Rates
No change to adopted increases;
no impact beyond inflation for
next rate study
One-Time Cost Approximately $4.5M (Purchase of
5 new trucks)
Ongoing Annual Cost* Approximately $1.7M
*Ongoing annual costs include increased costs for personnel, electricity, fuel, maintenance, insurance, administration and replacement funding.

Authorization for the new positions, budgets for personnel costs, vehicles and other operating costs will be incorporated into the final version of the Fiscal Year 2026/27 – 2027/28 Operating Budget and presented for consideration of adoption at the June 23, 2026 City Council meeting.

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CITY COUNCIL AGENDA ITEM NO. H.3
06/09/2026

BACKGROUND
During the Council meeting on April 28, 2026, staff requested City Council direction related to enhancement of Solid Waste collection services and implementing lower water rates than were previously approved in the FY 2023/24 – 2027/28 Utility Rate Study. Council discussion led to clear direction to staff to enhance Solid Waste services by implementing weekly pick-up of green waste and implement lower than previously approved water rate increases for next fiscal year.

Since the models used for the FY 2023/24 – 2027/28 Water, Wastewater, and Solid Waste Rate Studies are projections, staff performs regular analysis of the financial health of the funds and verifies that the adopted rates provide the necessary revenues to ensure financial stability. If changes to the adopted rate schedules are warranted, staff presents the analysis to Council and makes a recommendation for any needed changes to the previously adopted rates. On June 24, 2025 the City Council approved a 4% increase for FY 2025/26 for the Water Enterprise rather than the 6.5% increase adopted in the original rate study. Staff recommended the same change for FY 2026/27 at the April 28, 2026, City Council meeting.

Water
The Water Enterprise Fund remains healthy, and the fund balance has increased since the rate study was completed in 2023. Of particular note, approximately $7 million was set aside for buy-in to the planned expansion of the Los Vaqueros Dam Expansion Project. That project has dissolved, and the $7 million set aside for that project is now available for other uses. Annual personnel and supplies and services budget savings have added to the fund balance. In addition, the Water Enterprise Fund is experiencing higher revenues due to higher water use. As a result, the Water Enterprise has a cash balance above the target reserve amount.

As directed at the April 28, 2026, City Council meeting, Staff is requesting that Council approve a lower rate increase than what was adopted in the 2023 rate study with a 4% water rate increase rather than the previously approved 6.5% increase for FY 2026/27. The FY 2026/27 increase would be calculated from the current FY 2025/26 rates.

Solid Waste and Enhanced Services
The Solid Waste Enterprise Fund remains healthy, and the fund balance has increased since the rate study was completed in 2023. Of particular note, the rate study included several million dollars of debt service for the Solid Waste Organics project.

That project was estimated to cost $95 million, but ultimately increased to $160 million. Due to the significant project cost increase, staff determined that it was in

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CITY COUNCIL AGENDA ITEM NO. H.3
06/09/2026
the best interest to abandon the project. Staff has also been able to delay the implementation of increased costs associated with SB 1383 compliance which has contributed to the financial health of the Enterprise.

SB 1383 requires food waste and organics to be placed in the green cart. Staff has received feedback from residents that the hot summer months could result in increased odors and pest activity around green waste. With the cancellation of the Solid Waste Organics project, the Solid Waste Enterprise has the financial capacity to address these concerns with enhanced (i.e., weekly) green waste collection services.

Weekly green waste collection service will require the purchase of five new singlebody trucks to handle the increased collection activity. These new trucks will likely be EV-powered and will count towards the City’s requirements to convert fleet vehicles from gas powered to EV. In addition, three new drivers will be needed to staff the additional routes created by the increased level of service, and one new truck mechanic will be needed to maintain the additional trucks. The existing cash balance in the Fund will be sufficient to fund the purchase of the trucks and the scheduled rate increases (3% - 5% for FY 2026/27 & 3% - 4% for FY 2027/28) will be sufficient to cover the ongoing cost of new employees for the remaining two years of the current rate study. The next rate study will not be negatively impacted by the enhanced services, and staff anticipates that future rate increases will be near inflation levels.

As directed by the City Council on April 28, 2026, staff is requesting approval to implement adjustments to Solid Waste collection services to transition from bi-weekly to weekly green waste service.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. H.3
06/09/2026

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

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On July 26, 2022, the City Council adopted Resolution No. 2022-96, approving and authorizing the City Manager or designee to execute a Professional Service Agreement with Raftelis Financial Consultants, Inc. for a Comprehensive Water and Wastewater (including Non-potable Water) Rate and User Fee Study, in the amount of $76,290, plus a 10% contingency of $7,629 for a total not-to-exceed amount of $83,919.00.

On August 9, 2022, the City Council adopted Resolution No. 2022-102, approving and authorizing the City Manager or designee to execute a Professional Service Agreement with HF&H Consultants, LLC. for a Comprehensive Solid Waste Rate and User Fee Study, in the amount of $56,780, plus a 10% contingency of $5,678 for a total not-to-exceed amount of $62,458.

On April 12, 2023, a City Council Workshop was held to outline the utility rate process, identify utility enterprise expenses and present proposed water, wastewater and solid waste utility rates for Fiscal Years 2023/24 through 2027/28.

On April 21, 2023, Public Hearing Notices were sent to all property owners and customers of the parcels served by the City’s Water, Wastewater and Solid Waste utilities. The City also activated a website that provided interested parties access to the cost of service studies, answered frequently asked questions, and provided a rate calculator for customers to estimate their actual bill impact.

On June 13, 2023, the City Council adopted;

1. Resolution 2023-75, accepting and approving the Water and Wastewater Rate Study, and the rate structures for water utility service, and;

2. Resolution 2023-76 accepting and approving the Water and Wastewater Rate Study, and the rate structures for wastewater utility service, and;

3. Resolution 2023-77, accepting and approving the Water and Wastewater Rate Study, and the rate structures for solid waste utility service.

On July 1, 2025, the City Council adopted Resolution 2025-73, approving revised monthly user charges for water service for Fiscal Year 2025/26.

On April 28, 2026 the City Council gave direction to staff to 1) return with resolutions approving a lower water user fee increase than previously adopted in the 2023 rate study, and 2) increase solid waste service levels to implement weekly collection of green waste.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE IMPLEMENTATION OF LOWER

WATER RATES THAN PREVIOUSLY APPROVED IN THE FY
2023/24 – 2027/28 RATE STUDY, AND AUTHORIZING

ENHANCED SOLID WASTE SERVICE LEVELS TO INCLUDE

WEEKLY GREEN WASTE/ORGANICS COLLECTION
WHEREAS, on July 26, 2022, the City Council adopted Resolution No. 2022- 96, approving and authorizing the City Manager or designee to execute a Professional Service Agreement with Raftelis Financial Consultants, Inc. for a Comprehensive Water and Wastewater (including Non-potable Water) Rate and User Fee Study, in the amount of $76,290, plus a 10% contingency of $7,629 for a total not-to-exceed amount of $83,919.00; and
WHEREAS, on August 9, 2022, the City Council adopted Resolution No. 2022- 102, approving and authorizing the City Manager or designee to execute a Professional Service Agreement with HF&H Consultants, LLC. for a Comprehensive Solid Waste Rate and User Fee Study, in the amount of $56,780, plus a 10% contingency of $5,678 for a total not-to-exceed amount of $62,458; and WHEREAS, on April 12, 2023, a City Council Workshop was held to outline the utility rate process, identify utility enterprise expenses and present proposed water, wastewater and solid waste utility rates for Fiscal Years 2023/24 through 2027/28; and
WHEREAS, on April 21, 2023, Public Hearing Notices were sent to all property owners and customers of the parcels served by the City’s Water, Wastewater and Solid Waste utilities. The City also activated a website that provided interested parties access to the cost of service studies, answered frequently asked questions, and provided a rate calculator for customers to estimate their actual bill impact; and WHEREAS, on June 13, 2023, the City Council adopted Resolution No. 2023- 75, accepting and approving the Water and Wastewater Rate Study, and the rate structures for water utility service; and
WHEREAS, on June 13, 2023, the City Council adopted Resolution No. 2023- 76 accepting and approving the Water and Wastewater Rate Study, and the rate structures for wastewater utility service; and
WHEREAS, on June 13, 2023, the City Council adopted Resolution No. 2023- 77, accepting and approving the Water and Wastewater Rate Study, and the rate structures for solid waste utility service; and

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WHEREAS, on June 24, 2025, the City Council adopted Resolution No. 2025- 73, approving revised monthly user charges for water service for Fiscal Year 2025/26; and
WHEREAS, Staff reviews the Water, Wastewater, and Solid Waste Enterprise Fund financial conditions on an ongoing basis and through a combination of cost savings and project cancellations there is an option in the Water and Solid Waste Funds to implement a lower annual rate increase than was previously adopted by the City Council; and
WHEREAS, if changes to the adopted rate schedules are warranted, staff presents the analysis to the City Council and makes a recommendation for any needed changes to the previously adopted rates; and
WHEREAS, the Wastewater Enterprise fund remains healthy and forecasted expenditures indicate the previously adopted 2% annual increases are appropriate; and
WHEREAS, the Water Enterprise Fund remains healthy, and the fund balance has increased substantially since the rate study was completed in 2023; and WHEREAS, the proposed 4% water rate increase for Fiscal Year 2026/27 is lower than the 6.5% increase previously approved by the City Council and does not exceed the maximum rates previously noticed and approved through the Proposition 218 process; and
WHEREAS, Staff recommends a 4% rate increase for the Water Enterprise Fund for the 2026/27 fiscal year instead of the 6.5% increase that was adopted in the 2023 rate study; and
WHEREAS, Staff is recommending no changes to the previously approved Solid Waste rate increases for the next two fiscal years; and WHEREAS, the City Council finds that this action is not a “project” within the meaning of the California Environmental Quality Act (CEQA) because it involves utility rate-setting, fiscal planning, and service-level direction and does not commit the City to a specific physical project that may result in a direct or reasonably foreseeable indirect physical change in the environment.

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

1. The foregoing recitals are true and correct and are incorporated herein by this reference; and

2. The City Council approves a 4% rate increase for the Water Enterprise fund for the 2026/27 fiscal year instead of the 6.5% increase that was adopted in the 2023 rate study; and

3. The City Council approves the Water rates set forth in Exhibit “A,” attached hereto and incorporated herein by this reference, effective July 1, 2026, or

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such other effective date as established by the City’s applicable billing procedures; and

4. The City Council authorizes an increase in Solid Waste service levels to include weekly collection of green waste/organics collection, with implementation subject to the City’s final budget approval, procurement, staffing, operational readiness, and applicable law.

5. The City Council directs staff to incorporate the necessary staffing, vehicle, and operating cost assumptions for the enhanced Solid Waste service level into the proposed Fiscal Years 2026/27 through 2027/28 Operating Budget for City Council consideration.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of June 2026 by the following vote:

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EXHIBIT “A”
Water rates are comprised of a fixed (base) monthly charge in addition to a charge for the volume of water used

WATER RATES PER MONTH
FY 2024-25 FY 2025-26 FY 2026-27
Monthly Base Rate
5/8” or 3/4” Meter 30.00 31.20 32.45
1” Meter 43.93 45.69 47.52

1.5” Meter 78.72 81.87 85.14
2” Meter 120.49 125.31 130.32
3” Meter 252.74 262.85 273.36
4” Meter 447.64 465.55 484.17
6” Meter 913.99 950.55 988.57
Usage Rate
Residential
Tier 1: Units 1-5 3.39 3.53 3.67
Tier 2: Units 6-14 7.03 7.31 7.60
Tier 3: Units 15-20 8.88 9.24 9.61
Tier 4: Units 21+ 8.98 9.34 9.71
Non-Residential
Tier 1: Units 1-5 3.41 3.54 3.68
Tier 2: Units 6+ 8.50 8.84 9.19
Non-Potable
All Units 1.19 1.24 1.29
Hydrant
All Units 9.49 9.87 10.26
Drought Surcharge
Per Unit
10% Reduction .49 0.51 0.53
20% Reduction 1.01 1.05 1.09
30% Reduction 1.60 1.66 1.73
40% Reduction 2.50 2.60 2.70
50% Reduction 3.37 3.50 3.64
Unit = 1,000 Gallons
Rates may be further adjusted to recover costs that are not within the City’s control, including but not limited to purchased water costs, electrical costs, chemical costs etc., to the extent such costs exceed the amount projected. The additional costs may be recovered through the rates at the actual cost paid by the City.

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CITY COUNCIL AGENDA ITEM NO. H.4
06/09/2026
SUBJECT: Memorandum of Understanding and Fee Waiver with Meals on Wheels Diablo Region for operation of the senior nutrition program at the Brentwood Senior Activity Center
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Director of Parks and Recreation Thien Nguyen, Recreation Manager
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution:

1. Approving a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center;

2. Approving a fee waiver for MOWDR’s use of City facilities for FY 2026/27 and FY 2027/28.

3. Approving the payment to MOWDR of $36,000 per fiscal year in 2026/27 and 2027/28 for staffing services.

FISCAL IMPACT
If approved, MOWDR would receive fee waivers for the use of City facilities in the amount of $65,268 for FY 2026/27 and $65,964 for FY 2027/28.

If approved, funding for MOWDR staffing services would be provided by the General Fund in the amount of $36,000 in both FY 2026/27 and FY 2027/28.

The draft FY 2026/27 – 2027/28 General Fund Operating Budget presented to the City Council at a workshop on May 26, 2026, included placeholder amounts for the fee waivers and funding for MOWDR staffing services of $26,000 in both FY 2026/27 and FY 2027/28.

At the workshop, staff presented information to the City Council that an additional $10,000 per fiscal year was requested by MOWDR for staffing services due to increased MOWDR operating costs. City Council directed that additional funding of $10,000 per year for both FY 2026/27 and FY 2027/28 be incorporated into the final version of the FY 2026/27 – 2027/28 Operating Budget. The increase reflects

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CITY COUNCIL AGENDA ITEM NO. H.4
06/09/2026
MOWDR’s rising staffing and supply costs and reductions in federal funding, and does not expand services, meal production, or programming at BSAC.

Additionally, the City was awarded a CalAIM grant from Contra Costa County in FY 2025/26 providing funding in support of senior activities and services for FY 2025/26 and FY 2026/27. In FY 2026/27, CalAIM grant revenue will be used to offset the additional $10,000 cost of MOWDR staffing services. The FY 2026/27 - 2027/28 Operating Budget will be presented for consideration of adoption by the City Council on June 23, 2026.

BACKGROUND
Meals on Wheels Diablo Region serves over 7,500 seniors each year throughout Contra Costa County (“County”) by providing free meals and supportive services that empower older adults to live independently for as long as possible. Services and offerings include free breakfasts, lunches and groceries. In addition to nutrition support, MOWDR also provides fall prevention, case management, outreach, exercise and nutrition classes, friendly visitors, callers, and helpers to older adults, supporting their health and independence.

MOWDR currently operates several senior nutrition programs located in cities and special districts within the east, central and west areas of the County, including Brentwood. Each city and special district provides a facility in their location to provide these services, at no charge to MOWDR.

MOWDR operates Café Costa at the Brentwood Senior Activity Center (“BSAC”) five days a week where on average 40 older adults per day enjoy a free, nutritious meal and engage in social activities promoting independence and connection with community. MOWDR staff have partnered with the Brentwood Senior Citizens Club to celebrate monthly birthdays of the Café goers as well as provide holiday celebrations where participant numbers increase between 80 to100 adults.

The County, through its Health Services Department, has provided the senior nutrition program for the City of Brentwood since 2002. The program in Brentwood includes a congregate meal program (“Café Costa”) and a Meals on Wheels program.

The County provides a Senior Nutrition Coordinator who works with the Senior Center, and an Assistant Coordinator who provides support to the Café Costa Manager, as needed.

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CITY COUNCIL AGENDA ITEM NO. H.4
06/09/2026
In September 2022, MOWDR assumed responsibility of Café Costa at the Senior Center through a contract between MOWDR and the County. Given that MOWDR is operating Café Costa, it is in the best interest ofMOWDR and the City to enter into an MOU that outlines the responsibilities of MOWDR and the City (attached).

Council/Administrative Policy 10-12 provides that organizations requesting the use of City funds make such requests through the fee waiver and/or fee reduction/donation process. The County previously requested fee waivers for the meeting room and kitchen in the Senior Center for FY 2022/23 in the amount of $64,166 and $63,920 for FY 2023/24. As the application met the fee waiver and/or fee reduction requirements, it was approved by Resolution No. 2022-62.

On February 27, 2024, a request to approve an MOU with MOWDR, and approval of the fee waiver applications for FY 2024/25 and FY 2025/26 in the amounts of $62,646 and $62,550, along with a payment of $26,000 in annual funding for this program was approved by Resolution No. 2024-17.

During FY 2025/26, MOWDR experienced reductions in federal funding and increases in staffing and supply costs, resulting in reduced service levels and the elimination of certain programs throughout Contra Costa County. On April 16, 2026, City staff were notified that the annual staffing cost for operating Café Costa at BSAC would increase by $10,000, from $26,000 to $36,000, for each of the next two fiscal years. The increased cost will not expand services at BSAC, increase meal production, or provide additional programming for seniors. Rather, the increase is necessary to offset funding shortfalls experienced by MOWDR as a result of federal funding reductions and rising operational expenses.

As discussed in the Fiscal Impact section of this staff report, the City recently received funding through Contra Costa County’s CalAIM program. To avoid placing an additional burden on the General Fund, staff proposed at the May 26, 2026, Budget Workshop to use CalAIM grant funds to cover the $10,000 annual increase in Café Costa operating costs. Under the program, the County will provide annual installments of $40,000 in FY 2025/26 and FY 2026/27, which can be used for programming and supply costs at BSAC.

CalAIM is a statewide initiative designed to improve health outcomes by expanding access to preventative services and community-based support beyond traditional medical care. Through this partnership, BSAC will serve as a CalAIM Center, providing space for Contra Costa Health educators to offer office hours, educational workshops,

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CITY COUNCIL AGENDA ITEM NO. H.4
06/09/2026
and resources focused on preventative health, chronic disease management, health plan navigation, and identifying gaps in care for older adults.

To avoid a disruption in Café Costa services, staff is requesting the following:

Adopt a Resolution:

1. Approving a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center;

2. Approving a fee waiver for MOWDR’s use of City facilities for FY 2026/27 and FY 2027/28; and

3. Approving the payment to MOWDR of $36,000 per fiscal year 2026/27 and 2027/28 for staffing services.

CITY COUNCIL STRATEGIC INITIATIVE
This item supports City Council’s goal to expand and enhance recreation opportunities by increasing programming for seniors, youth, and teens and implementing adaptive recreation.

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

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation, which could result in the discontinuation of the meal program at the Brentwood Senior Activity Center.

2. Continue the item and direct staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Memorandum of Understanding
a. Facility Uses and Regulations

4. Fee Waiver Request

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On May 8, 2018, the City Council adopted Resolution No. 2018-44 approving the renewal of a two-year grant request from Contra Costa County for $20,000 per year for two years and approved a fee waiver in the amount of $56,231.50 for fiscal year 2018/19 and $57,278.00 for fiscal year 2019/20 for use of City facilities for the operation of the Country Senior Nutrition Program (Café Costa).

On March 24, 2020, the City Council adopted Resolution No. 2020-41 approving the renewal of a two-year grant request from Contra Costa County for $20,000 per year for two years and approved a fee waiver in the amount of $63,512 for fiscal year 2020/21 and $62,894 for fiscal year 2021/22 for the use of City facilities for the operation of the Country Senior Nutrition Program (Café Costa).

On June 6, 2020, the City Council adopted Resolution No. 2020-64 approving a $6,000 increase to the approved two-year grant request for Contra Costa County for a total of $26,000 per year for two years (FY 2020/21 and FY 2021/22) for the operation of the County Senior Nutrition Program (Café Costa).

On May 26, 2022, the City Council adopted Resolution No. 2022-62 approving the fee waiver request from Contra Costa County for use of City facilities in the amount of $64,166.00 for fiscal year 2022/23 and $63,920.00 for fiscal year 2023/24 for inkind services for the operation of the County Senior Nutrition Program (Café Costa) at the Brentwood Senior Activity Center.

On February 27, 2024, the City Council Adopted Resolution No. 2024-17: 1. Approved a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center;

2. Approved a fee waiver for MOWDR’s use of City facilities for FY 2024/25 and FY 2025/26; 3. Amended the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region”; 4. Approved the replacement of Contra Costa County Senior Nutrition Program with Meals on Wheels Diablo Region to receive the FY 2023/24 payment in the amount of $26,000.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD 1) APPROVING A MEMORANDUM OF

UNDERSTANDING WITH MEALS ON WHEELS DIABLO REGION
(“MOWDR”) FOR THE SENIOR NUTRITION PROGRAM AT THE
BRENTWOOD SENIOR ACTIVITY CENTER, 2) APPROVING A FEE
WAIVER FOR MOWDR’S USE OF CITY FACILITIES FOR FY
2026/27 AND FY 2027/28, 3) APPROVING A PAYMENT TO
MOWDR IN THE AMOUNT OF $36,000 PER FISCAL YEAR FOR FY
2026/27 AND FY 2027/28 FOR STAFFING SERVICES
WHEREAS, Contra Costa County’s Health Services Department (“County”) has been providing the senior nutrition program for the City of Brentwood since 2002; and
WHEREAS, on May 8, 2018, the City Council adopted Resolution No. 2018-44 approving the renewal of a two-year grant request from the County for $20,000 per year for two years and approved a fee waiver in the amount of $56,234.50 for fiscal year 2018/19 and $57,278.00 for fiscal year 2019/20 for use of City facilities for the operation of the senior nutrition Program (“Café Costa”); and WHEREAS, on March 24, 2020, the City Council adopted Resolution No. 2020- 41 approving the renewal of a two-year grant request from the County for $20,000 per year for two years and approved a fee waiver in the amount of $63,512 for fiscal year 2020/21 and $62,894 for fiscal year 2021/22 for the use of City facilities for the operation of Café Costa; and
WHEREAS, on June 6, 2020, the City Council adopted Resolution No. 2020- 64 approving a $6,000 increase to the approved two-year grant request from the County for a total of $26,000 per year for two years (FY 2020/21 and FY 2021/22) for the operation of Café Costa; and
WHEREAS, on May 26, 2022, the City Council adopted Resolution No. 2022- 62 approving the fee waiver request from the County for use of City facilities in the amount of $64,166.00 for fiscal year 2022/23 and $63,920.00 for fiscal year 2023/24 for in-kind services for the operation of Café Costa at the Brentwood Senior Activity Center; and
WHEREAS, on June 28, 2022, by Resolution No. 2022-86, the City Council amended the 2021/22 Operating Budget and adopted the 2022/23 – 2023/24 Operating Budget; and
WHEREAS, on August 9, 2022, by Resolution No. 2022-101, the City Council approved the Policy and Procedures for Requests for Use of City Funds; and

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Page 2 of 3 ends

WHEREAS, through a contract with the County, in September 2022, MOWDR assumed responsibility for Café Costa; and
WHEREAS, on February 27, 2024, by Resolution 2024-17 the City Council (1) approved a MOU with MOWDR for the senior nutrition program at the Brentwood Senior Activity Center, (2) approved a fee waiver for MOWDR’s use of City facilities for FY 2024/25 in the amount of $62,646 and FY 2025/26 in the amount of $62,550, (3) amended the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region,” and (4) approved the replacement of Contra Costa County Senior Nutrition Program with Meals on Wheels Diablo Region to receive the FY 2023/24 payment in the amount of $26,000; and
WHEREAS, during FY 2025/26, MOWDR experienced reductions in federal funding and increases in staffing and supply costs, resulting in reduced service levels and the elimination of certain programs throughout Contra Costa County; and WHEREAS, on April 16, 2026, City staff were notified that the annual staffing cost for operating Café Costa at the Brentwood Senior Activity Center would increase by $10,000, from $26,000 to $36,000, for each of the next two fiscal years; and WHEREAS, the City Council considered the proposed funding for MOWDR staffing services during the May 26, 2026 Budget Workshop, and directed that additional funding of $10,000 per year for FY 2026/27 and FY 2027/28 be incorporated into the final version of the 2026/27 – 2027/28 Operating Budget; and WHEREAS, the City was awarded a CalAIM grant from Contra Costa County in FY 2025/26 providing funding in support of senior activities and services for FY 2025/26 and FY 2026/27, and staff intends to use CalAIM grant revenue in FY 2026/27 to offset the additional $10,000 cost of MOWDR staffing services; and WHEREAS, the proposed fee waiver amounts for MOWDR’s use of City facilities are $65,268 for FY 2026/27 and $65,964 for FY 2027/28.

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

1. Approves a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center,

2. Approves a fee waiver for MOWDR’s use of City facilities for FY 2026/27 in the amount of $65,268 and for FY 2027/28 in the amount of $65,964, and

3. Approves the payment to MOWDR of $36,000 per fiscal year for FY 2026/27 and FY 2027/28 for staffing services, subject to appropriation in the adopted budget.

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Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of June 2026 by the following vote:

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1 MEMORANDUM OF UNDERSTANDING FOR CONGREGATE MEAL SERVICES

MEALS ON WHEELS DIABLO REGION
This MEMORANDUM OF UNDERSTANDING is entered this ____ day of _____________ 2026, and effective on July 1, 2026 (“Effective Date”), by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Meals On Wheels Diablo Region (“MOWDR”), a non-profit corporation in the State of California (each a Party, and collectively, the “Parties”).

RECITALS
A. Contra Costa County (“County”) has been providing senior nutrition congregate meal services (“Meal Services”) for the City since at least 2002, and the City has provided annual fee waivers and donations to offset the County’s costs to provide these services to Brentwood senior citizens (“Seniors”); and
B. MOWDR and the County entered into an agreement for MOWDR to provide Title III C Senior Nutrition Services throughout the County (the “Agreement”), including at the Brentwood Senior Activity Center located at 193 Griffith Lane (“Senior Center”); and C. MOWDR took over providing the Meal Services at the Senior Center as of September 1, 2022; and
D. The Parties desire to memorialize the understanding between the City and MOWDR regarding the rights, responsibilities and liabilities of the Parties in regards to the use of the Senior Center; and
E. At its June 9, 2026 Council meeting, the City approved a few waiver for MOWDR’s use of City facilities through June 30, 2028, as well as approved payments of $36,000 for FY 2026/27 and $36,000 FY 2027/28 to be made to MOWDR to offset the cost to operate the Meal Services at the Senior Center.

NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the Parties agree as follows:

1. Responsibilities of the Parties. Along with the terms and conditions of this Memorandum of Understanding (“MOU”), the Parties agree to be responsible for, and complete those items, set forth in the attached Exhibit “A”, which is incorporated into this MOU by this reference.

2. Relationship of the Parties. MOWDR is free from the control and direction of the City, in pursuit of MOWDR’s independent calling, and not as an employee of the City. It is understood that this is an agreement by and between independent contractors and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor. Any persons used by MOWDR to provide services under this MOU will not be considered employees of the City for any purposes whatsoever.

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2 3. Term. This MOU will commence on the Effective Date and continue through June 30, 2028 (“Term”), unless terminated earlier in accordance with this MOU, or extended by mutual agreement of the Parties.

4. Payment. The City will issue payments in the amount of $36,000 for FY 2026/27 and $36,000 for FY 2027/28 to MOWDR for the provision of Meal Services at the Senior Center, as more specifically described in Exhibit “A.” Any funds or fee waivers provided by the City, to MOWDR, to offset the cost of providing the Meal Services, are contingent on City Council approval, which are not guaranteed.

5. Use of Premises. MOWDR will use a portion of the Senior Center only for the purpose of providing a congregate meal program to Brentwood Seniors (referred to as “Café Costa” or “Café”), in accordance with its contract with the County. MOWDR has full use of the Commercial Kitchen and all of its equipment (including refrigerator, freezer, ice machine, oven and stove) and designated storage cabinets in the Commercial Kitchen and Meeting Room.

MOWDR will keep and maintain the portion of the Senior Center it uses in good and clean condition. Use of the Senior Center shall be subject to all applicable local, state and federal laws and regulations and any permits required thereunder.

6. Indemnity. MOWDR agrees that City and its employees, officers, agents, contractors, commissions, and assigns (collectively, “Released Parties”), will not be held liable or responsible in any way for any damage to MOWDR belongings or property, or for any harm, injury, or death to MOWDR employees, officers, contractors, agents, volunteers, or assigns that may occur as a result of this MOU. MOWDR agrees that its employees, officers, contractors, agents, volunteers, and assigns have no rights, entitlements, or claims against the City for any type of employment benefits or workers’ compensation. To the fullest extent permitted by law, MOWDR will indemnify, defend, and hold harmless the Released Parties from and against any loss, claim, damage, expense, cost, liability, or lawsuit of any kind or nature arising out of this MOU.

7. Insurance. MOWDR will obtain and maintain, at its cost and expense, for the duration of the MOU and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with the MOU by MOWDR or MOWDR’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

7.1 Coverages and Limits. MOWDR will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on MOWDR's indemnification obligations under this MOU. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by MOWDR pursuant to this MOU are adequate to protect MOWDR. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. MOWDR will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.

If MOWDR believes that any required insurance coverage is inadequate, MOWDR will obtain such additional insurance coverage, as MOWDR deems adequate, at MOWDR’s sole expense.

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3 7.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this MOU or the general aggregate will be twice the required per occurrence limit.

7.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

7.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

7.1.4 Professional Liability. Errors and omissions liability appropriate to MOWDR’s profession with limits of not less than $1,000,000 per claim.

7.2 Endorsements. For Commercial General Liability Insurance, MOWDR will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this MOU, MOWDR will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

7.3 Cancellation. Insurance will be in force during the life of the MOU and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this MOU.

7.4 Failure to Maintain Coverage. If MOWDR fails to maintain any of these insurance coverages, then City will have the option to declare MOWDR in breach of this MOU, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. MOWDR is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from MOWDR.

7.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

7.6 Primary Coverage. For any claims related to this MOU, the MOWDR’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of MOWDR’s insurance and not contributory with it.

7.7 Reduction in Coverage/Material Changes. MOWDR will notify City in writing pursuant to the notice provisions of this MOU thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this MOU or any material changes to the respective insurance policies.

7.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

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4 8. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

9. Entire Agreement. This MOU and its Exhibits, contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

10. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

11. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:

City: City of Brentwood
Attention: Lindsay Pinell, Recreation Supervisor
150 City Park Way
Brentwood, CA 94513
MOWDR: Meals on Wheels Diablo Region
Attention: Fern Fonseca, Executive Director
390 N Wiget Lane, Suite 200
Walnut Creek, CA 94596
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. MOWDR must notify City within 14 days of any change to its mailing address.

12. Termination. Either Party, upon tendering 30 calendar days written notice to the other Party, may terminate this MOU for convenience. In the event of a breach of a term of this MOU, termination may be effective immediately

13. Assignment. Neither Party will assign any right or obligation under this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

14. Third Parties. This MOU does not confer any benefits to any third party.

15. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

16. General Compliance with Laws. MOWDR will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by MOWDR, or in any way affect the performance of the MOU. MOWDR will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the MOU with all applicable laws, ordinances and regulations.

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5 17. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.

18. No Waiver. The waiver by either Party of any breach or violation of any term, covenant, or condition of this MOU or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law.

19. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

20. Signatures.

20.1 Counterparts. This MOU may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

20.2 Digital/Electronic Signatures. Using a City-approved method, this MOU 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 MOU will be construed as the Parties’ consent to do business electronically.

21. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

Meals on Wheels Diablo Region:

By:

David Linnell, Director
City of Brentwood:

By:

G. Harold Duffey, City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, City Attorney

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6 Exhibit A
I. Obligations of Both Parties. MOWDR and the City will:
 Jointly develop an appropriate process for providing lunch 5 days a week, Monday through Friday for senior participants.
 Maintain accountability and responsibility for its own organizational processes and services.
 Fulfill their responsibilities under this MOU in accordance with the laws and regulations that govern their activities. Nothing in this MOU negates or otherwise renders ineffective such provisions or operating procedures. If at any time either Party is unable to perform its functions under this MOU consistent with its statutory or regulatory mandates, the affected Party shall notify the other Party. Both Parties will work mutually to resolve the conflict.

II. MOWDR’s Obligations. MOWDR will:
 Abide by Fee Waiver policies in accordance with City Council/Administrative Policy No. 10-12, as that Policy may be amended from time to time.  Provide a trained professional to oversee the Café site at the Senior Center.  Provide Café lunch services five days a week, Monday through Friday.  Provide City with dates and holidays that Café is not operating in advance of closures  Promote the Café site among the Brentwood older adult population.  Provide staff coverage if assigned staff member is out for any reason.  Maintain participant confidentiality.
 Adhere to all City Facility Rental Rules & Regulations attached and incorporated as Exhibit “B.”
 Maintain organization and cleanliness of kitchen cabinet storage and communicate with City Staff on annual cleaning of cabinets.

III. City’s Obligations. The City, through its Senior Center will:
 Provide proper facility space for use for Café services provided by MOWDR staff.  Notify MOWDR immediately of a relocation area if facility space is not available for Café service.
 Provide MOWDR staff with City staff support, as needed.  Provide copier service (printing, fax, scanning, shredding), as needed.  Provide MOWDR access to kitchen cabinet storage during duration of program.  Deep clean appliances in the kitchen annually.
 Issue payments to MOWDR in the amount of $36,000 for the operation of Café Costa at the Brentwood Senior Activity Center in July 2026 for FY 2026/27 and again in July 2027 for FY 2027/28.

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FACILITY USES AND REGULATIONS

1. Facility rental applications are accepted no more than 18 months in advance for Brentwood residents and 12 months in advance for non-residents. A completed application must be submitted, along with a payment of rental deposit and non-refundable application fee, to reserve the facility.

2. City accepts the following forms of payment: check/money order; MasterCard, Visa, Discover, and cash. Payments for non-profit organizations or public agencies must be drawn on the organization or agency account.

3. Reservations should be made at least 30 days prior to the event. Special requests of less than 30 days are considered on a case-by-case basis.

4. Renters must be a minimum of 18 years of age. If alcohol is being served, renter must be a minimum of 21 years of age. A photo I.D with the applicant’s address and birth date must be provided at the time of the reservation.

5. Upon acceptance and approval of application, renter will sign the Facility Permit and be provided a Facility Renter Checklist outlining future dates for fees due, various paperwork submittals, and facility walk through and floorplan.

6. City reserves the right to book additional events/rentals before and/or after confirmed rental start and end times and in other non-occupied rooms in the facility.

7. All remaining fees are due 30 days prior to the event. For rentals less than 30 days, all fees are due upon booking of facility.

8. Rental Permit Modification Processing: Once the rental permit has been issued, the renter has one opportunity to make any changes or modifications at no additional cost to the rental permit up to 60 days prior to the event date. Changes or modifications made after that one courtesy modification/change to the rental permit will assess an additional fee per request. City reserves the right to assess an additional fee per request, for any reservation changes made less than 60 days prior to the event.

9. Any changes to the original submitted application must be in writing to ensure rental permit matches.

10. Refunds will not give for any unused rental time.

Attachment 3A

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RENTAL CATEGORIES
The facility may be used by residents, non-residents, non-profit organizations and commercial groups, defined as follows:

Resident: an individual whose primary residence is within the City limits of Brentwood Non-Resident: an individual whose primary residence is outside the City limits of Brentwood Non-Profit: When use of the facility is by a non-profit organization as determined by the Internal Revenue Service and/or State of California with at least 75% of its membership made up of Brentwood residents, and the purpose of the use is to raise funds for community, charitable, or education projects within Brentwood or that benefits Brentwood residents. A copy of the letter granting the organization non-profit status from the Secretary of State’s office is required to receive the non-profit rate.

Commercial: when use of the facility is for profit or sale with proceeds to benefit an individual or organization.

CANCELLATIONS

1. City reserves the right to cancel, reschedule, suspend, and/or refuse to grant the use of its facilities to any person or group if such use violates the Brentwood Municipal Code/City Rules and Regulations or in case of emergency.

2. 100% Rental deposits and fees are refunded if cancellations are made 6 months or more prior to your rental date, with the exception of the application fee and the cancellation processing fee.

3. Cancellations less than 6 months, but more than 4 months prior to your rental date, 15% of your total deposit will be retained in addition to the application fee and the cancellation processing fee.

4. Cancellations less than 4 months, but more than 1 month prior to your rental date, 25% of your total deposit will be retained in addition to the application fee and the cancellation processing fee.

5. Cancellations less than 30 days prior to your rental, 40% of the entire rental fee is retained in the addition to the application fee and the cancellation processing fee.

6. If applicant wishes to cancel their event, a written cancellation letter must be submitted.

DAMAGE DEPOSIT

1. A Damage Deposit is required with all rental fees. Deposit will be returned within 30 days after facility use as long as there is no damage to the facility or any additional expenses incurred.

2. A Damage Deposit of $250 is required for event without alcohol and $500 for events serving alcohol.

3. Renter will be billed for any additional expense not covered by the damage deposit. The determination and assessment of additional charges shall be at the sole discretion of the City.

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INSURANCE

1. Renters are responsible for providing insurance. Renter is accountable financially for any and all accidents or injuries to persons or property resulting from their use of City facilities.

2. Renters may use their own insurance provided that the “City of Brentwood” is named as an additional insured party and that the coverage of the policy meets minimum standards (City staff will provide information if choosing this option).

3. Renters may purchase insurance through the City instead of using their own insurance. Please request a quote from City staff.

SERVICES PROVIDED

1. City will schedule an appointment for final walk-through prior to the event to discuss event details and floorplans. Appointments are scheduled Monday through Friday during business hours.

2. The facility will be opened for the Renter or their designated representative as indicated on the Facility Rental Application at the contracted rental start time. Service providers such as florists, caterers, musicians, decorators, etc. must be instructed to arrive during the contracted rental start time. Rental time is continuous from preparation/decorating through clean-up. Facility is available for rent from 7 a.m. to 1 a.m.

3. City staff provides the following services: be present in the building during your entire use of the facility, open and close the facility at renters scheduled start and end times, set-up and take-down of tables and chairs and rented City equipment, provide information, control lighting, audio visual system, heating and air conditioning. City staff will keep the restrooms and kitchens supplied with paper towels, hand soap, toilet paper, seat covers, and garbage bags.

4. City staff is responsible for enforcing all of the facility use policies and procedures of the City of Brentwood.

5. City staff will not be available to serve, decorate or be involved in Renters function/event.

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EVENT REGULATIONS

1. A minimum of one half hour is required for set-up of all rentals, although many larger events may require more, depending on the amount of decorating.

2. Renter is responsible for leaving the facility in the same condition as it was upon arrival.

3. At the conclusion of the event the Renter is responsible for the general condition of the facility, including all areas used by the Renter, guests and service providers.

4. A minimum of one half hour is required for take-down of all rentals, however, at least one-hour cleanup time is recommended after the actual event for the Renter to do their clean-up and for all equipment to be removed.

5. Renter signing the permit is responsible for any loss or damage to the property. Renter must pay the City an amount equal to the cost of repair and/or replace the lost or damaged item.

6. Renter is responsible for the control and supervision of all guests, caterers, musicians, and other contracted service providers and ensure that all adhere to the City’s policies and procedures. Minors (any person under the age of 18) must be supervised at all times.

7. City staff cannot sign for or receive deliveries. The Renter or a designated representative must be present to supervise and sign for all deliveries and pick-ups associated with their event.

8. City equipment may not be removed from the facility. Equipment brought into the facility by the Renter must be removed immediately after the event. City staff will not store equipment and/or be responsible for anything left in the facility. City staff reserves the right to remove any such equipment at the cost of the Renter. Additional charges may be assessed to the Renter for use of the facility beyond the specified rental contracted time. The determination of assessment will be at the sole discretion of the City and will be taken from the Renter’s deposit.

9. Maximum capacity of the facility will be strictly enforced and it includes all adults and children.

Violation of any facility rules will result in immediate termination of Renters event and forfeiture of some or all of Renters damage deposit.

10. No rice, birdseed, confetti, glitter, rose petals, or sand may be thrown inside or outside of the facility.

11. Smoking is prohibited within 20 feet of the entrance to City facilities per State of California law (State Code 7596-7598), or inside any City facility.

12. Treat all furniture with care and respect. Do not slide tables/chairs across the floor or stand, sit or lie on tables.

13. Any furniture brought in by the renter (chairs, sofas, tables, light bars, etc.) must have padded or protected feet so as to not scratch the floor.

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14. All City furniture must stay inside the facility.

15. Use of nails, tacks, scotch tape, staples, etc., is strictly prohibited. Only painters tape may be used to attach items to walls.

16. At no time shall exits or exit signs be covered or obstructed.

17. City will not supply ladders, extension cords, scissors, tape or paper for use. Renter must provide supplies, if necessary.

18. Latex balloons with helium are permitted.

19. Air-filled Mylar/foil balloons are permitted, however, Mylar/foil balloons with helium are prohibited.

20. The use of candles is permitted only when in approved holders (hurricanes, votives taller than the flame, etc.) as table centerpieces.

21. Open flames such as gas burners, candles and butter warmers (with the exception of Sterno-type cups) are not allowed inside the facility.

22. Live Christmas trees must be fireproofed with attached written verification for use in the building.

23. No “jump houses” or “playhouses” are allowed in the building.

24. Fog and smoke machines are not permitted.

25. Barbecues, grills or griddles are permitted only with advance approval and in designated areas.

26. All decorations must be removed before the premise is vacated.

27. Parking is available on nearby streets and City parking lots/structure but is not guaranteed.

CATERING & KITCHEN USE

1. City allows Renter to use a caterer of their choice.

2. Caterers must provide all equipment needed for their service, including utensils, cookware, and cleaning supplies.

3. A temporary food event permit must be obtained from the Contra Costa Environmental Health Division (CCEHD) if food is given away or sold at a public/community event. Renter can contact the CCEHD at (925)692-2500 or visit www.cchealth.org/eh/ to obtain a temporary food event permit application. Submit completed application to the CCEHD three weeks prior to event date. (Do not submit this application to the Parks and Recreation Department.) Temporary food event permit or permit receipt must be on file with the City one week prior to Renter’s event.

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ALCOHOL

1. If alcohol is going to be served or sold, it must be indicated on the rental application and permit.

2. Alcoholic beverage, if allowed, is the responsibility and liability of the Renter and/or organization renting the facility.

3. Presence and/or the consumption of any and all alcoholic beverages shall be prohibited except by permit, and only consumed during the event time indicated on the permit.

4. Alcohol is not permitted to be served after 11:30 p.m. and serving alcohol must end 30 minutes before the conclusion of the event.

5. All alcohol must be removed from the property by 12 a.m.

6. To sell alcoholic beverages at your event, a valid alcohol permit from the California Department of Alcoholic Beverage Control (A.B.C.), must be obtained. Alcohol permit must be on file in the Parks and Recreation Office 14 days prior to your event. Alcohol permit must be prominently displayed during your event. City staff is required to check your license prior to allowing the sale or distribution of alcohol at the event.

7. Alcohol may be consumed without a permit from California Department of Alcoholic Beverage Control (A.B.C.) when there is no monetary exchange for the beverages or admission charged to the event.

Events involving the exchange of monetary consideration (example: purchase of meal or meal ticket with any form of alcohol being served as part of the meal) require California Department of Alcoholic Beverage Control (A.B.C.) permit. A.B.C. will issue one-day permits to 501(c)3 non-profit groups who wish to sell admission tickets, beer, wine or distilled spirits at a fundraising event. A.B.C. applications are available at the Parks and Recreation office and it is the renter’s responsibility to complete and submit the application to A.B.C. (located at Elihn M. Harris State Office Bldg. 1515 Clay Street, Suite 2208, Oakland, CA 94612, (510) 622-4970).

8. Violation of any of these requirements will result in immediate termination of Renter’s event and will result in forfeiture of the damage deposit.

SECURITY

1. Security guards may be required to be on duty during the event. Brentwood Police Department will determine if security guards are necessary and the number of guards required at the event. Renter is responsible to pay for these services. Security guards must be present at the times stated on the Brentwood Police Department’s Conditions of Approval letter.

2. Security guard companies must be registered and approved by the Brentwood Police Department and must have a valid City of Brentwood business license. City will provide you a list of approved companies and the renter can select and reserve a company from the list.

3. Renter has direction over security guard duties.

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RENTER CLEAN-UP
General Areas Used
• Remove all garbage during and after the event to the designated area. Make sure all bags are secured and transported in the containers on wheels. City will provide trash can bags. • Flatten cardboard and place in the recycle dumpsters for disposal. • Remove all decorations, including tape from walls, balloons, tables, etc. • Remove all gum, food and food service products etc.
• Wipe down all tables and chairs with cleaning agent (renter must provide) • Sweep and clean the floor of all debris as needed.
• Spot clean carpet of all debris/spills.
• Remove everything from inside and outside the facility that was brought in for the event. • Mop up all spills immediately.

Kitchen
• Dispose of all grease/oil properly, not down the drain. • Dump excess ice in sink.
• Each piece of equipment used must be cleaned and shut down properly. • Surface clean all appliances used, wipe down all stainless steel counters and sinks with hot soapy water.
• Empty the refrigerator and freezer of all food and drinks. Wipe down the inside of the refrigerator and freezer with damp cloth.
• Clean coffee maker and/or bar if used.
• If Renter fails to perform the clean-up, and City staff is required to perform additional cleaning, a fee will be assessed and it will be deducted from the Renter’s deposit and/or billed for the service. Upon completion of clean-up, the Renter and City staff will both sign-off on the closing checklist. **See Clean-up list at the end of this packet for complete listing

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POLICIES FOR VENDORS AND EVENT RENTAL SERVICES
The City of Bentwood does not have a preferred vendor list, nor does the City directly contract any vendors for rentals. Renters may select their favorite service providers, including catering, event planners, entertainment providers, photography, audio/visual companies, and other event services. The Renter is responsible for ensuring that all vendors follow the facility rules and regulations provided by the City. Failure to follow the policies could result in a partial or full forfeiture of damage deposit.

Listed below are the rules and regulations that all renters, including their vendors, must follow in order to receive a refund of the damage deposit at the conclusion of the event.

DJ’S, BANDS, AND MUSICIANS
• Any DJ or band using equipment that requires the use of the facility’s power outlet must be informed that the outlets can handle no more than 20 amps. City will not be held liable if a circuit breaker trips and causes damage to equipment.
• Must bring own equipment, including extension cords.
• .
• No duct taping cords to floor, however gaffer tape is permitted. • Fog and smoke machines are not permitted.
• All musical entertainment are to be cleaned up and out of the facility by the contracted time, failure to do so will result in overtime charges.
• EQUIPMENT AND LINEN RENTAL COMPANIES
• All equipment should be delivered and picked up within contracted rental times. There is no storage available at any City facilities.
• Equipment brought on site may require prior approval from the Facilities Supervisor. Examples include photo booths, backdrops, BBQs, audio visual equipment, ice sculptures, etc. • All linens must be delivered and picked up with the contracted rental times. • Refer to the Capacity and Equipment information sheet for City owned table and equipment sizes.

CATERERS, FLORISTS AND BAKERIES
• All floral or baked items should be delivered within contracted rental times. There is no storage available at any City facilities.

EVENT PLANNERS/DECORATORS
• All set up/decorating, the main event, and clean-up/take down must occur within the contracted rental times.
• No rice, birdseed, confetti, glitter, rose petals or sand may be thrown inside or outside of the facility. • Smoking is prohibited within 20 feet of the entrance to City facilities per State of California law (State Code 7596-7598), or inside any City facility.
• Treat all furniture with care and respect. Do not slide tables/chairs across the floor or stand, sit or lie on tables.

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• Any furniture brought in by the renter (chairs, sofas, tables, light bars, etc.) must have padded or protected feet so as to not scratch the floor.
• All City furniture must stay inside the facility.
• Use of nails, tacks, scotch tape, staples, etc., is strictly prohibited. Only painters tape may be used to attach items to walls.
• At no time shall exits or exit signs be covered or obstructed. • City will not supply ladders, extension cords, scissors, tape or paper for use. Renter must provide supplies, if necessary.
• Open flames such as gas burners, candles and butter warmers (with the exception of Sterno-type cups) are not allowed inside the facility.
• The use of candles is permitted only when in approved holders (hurricanes, votives taller than the flame, etc) as table centerpieces.
• Latex balloons with helium are permitted. Air-filled Mylar/foil balloons are permitted, however, Mylar/foil balloons with helium are prohibited.
• Live Christmas trees must be fireproofed with attached written verification for use in the building. • No “jump houses” or “playhouses” are allowed in the building. • Barbecues, grills or griddles are permitted only with advance approval and in designated areas. • All decorations must be removed before the premise is vacated.

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REQUIRED CLEAN UP CHECKLIST
Renters are required to complete the following by end of their contracted rental time. These items correlate with the Facility Rules and Regulations you previously signed. Cleaning products are not provided so we suggest you bring a cleaning agent, rags, and paper towels or Clorox or Lysol wipes.

It is strongly suggested that renter also notify their caterer and/or event planner of all cleaning requirements.

Renter is responsible for all cleaning requirements and failure to follow the guidelines listed below, may result in forfeit of rental deposit.

MAIN HALL/LOBBY/MULTI-PURPOSE ROOMS/CONFERENCE ROOMS/CLASSROOMS  Clear the floor of garbage/debris hand size or larger  Remove all garbage & recyclables from the facility, outdoor spaces, any other areas used during the rental
 Confirm that all garbage and recyclables are placed in the proper containers outside  Remove all decorations from facility including balloons and tape from walls and tables  Wipe down tables
 Spot clean carpet/floor of any spills (broom and mop available if needed)

KITCHEN
 Clean sinks, stoves, oven, and countertops
 Dispose of all grease/oil properly (remove from facility)  Dump all excess ice in sink
 Sweep and mop kitchen floor if necessary (staff will advise)  Remove all food items from refrigerator, freezer, oven and microwave  Empty and clean dishwasher, if used
 Clean griddle, if used
 Wipe down cart, if used
BAR (if used)
 Remove any items from bar, including ice
 Wipe down and dry bar, including sink
 Empty and rinse sink bar bucket and return dry to bar

EQUIPMENT
 Remove all non-City rental equipment from the building (rented chairs, backdrops, etc)  Remove all DJ and Band equipment from the building
 Remember: City does not provide tape, scissors, extension cords, ladders, steps stools, pens/pencils, kitchen utensils, or cleaning supplies—please bring your own  Return easels, stanchions, etc.

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FACILITY RENTER CHECKLIST
Please submit all items to the Parks and Recreation Office at 35 Oak Street, Brentwood, CA 94513. If ABC or Health permits are required, a renter is responsible for completing and submitting to each agency and providing proof of a permit to the City by the below deadline.

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Fee Waiver/Fee Reduction
Application
Finance &
Information Systems
Effective: November 2025
City Hall – 150 City Park Way, Brentwood, CA 94513
 Finance & Information Systems (925) 516-5460
Request for: Fee Waiver Fee Reduction
(Select One)
Date of Application: Date of Event:

Please complete the following and submit to: (City Department) City of Brentwood
150 City Park Way
Brentwood, CA 94513
925-516-5400
(include all fees)
Zip:

1. Proposed Event Name:

2. Total Requested Fee Waiver or Fee Reduction: $

3. Have matching funds been secured for this event? Yes No

4. Applicant Information:

Name of Organization/Agency:

Organization Category (Check One):

Intergovernmental Cooperation Department Sponsored Program Financial Hardship/Non-Profit Private Community Benefit (City Manager Must Approve) Contact Name:

Mailing Address:

Street Address:

City:

Telephone:

Email Address:

State:

Business License #:

Nonprofit ID # :

5. Does this event fall under one or more of the City Council Two Year Goals? If yes, please explain.

6. Have your or your organization previously requested and/or received any funding from the City? If yes, please provide any pertinent funding information.

7. Will promotional materials be created for the event? If yes, please be aware all promotional materials shall provide appropriate recognition to the City as a co-sponsor or partner of event/program. Promotional materials are to be approved by the City. Yes No
Fee Waiver/Reduction requests shall be made no less then 60 days prior to the event. ✔
5/6/26 Parks and Recreation 68-0044205 N/A FY 26/27 and FY 27/28 M-F Brentwood Cafe Costa FY26/27 $65,268 and FY27/28 $65,964 ✔ Meals on Wheels Diablo Region ✔
Fern Fonseca 390 N Wiget Lane Suite 200 925.937.8607 ext. 602 Walnut Creek CA 94598 Yes. City of Brentwood Strategic Plan Focus Area 5.4 is to "Expand and enhance recreation opportunities by increasing programming for seniors, youth and teens;" Yes, through a memorandum of understanding with the City of Brentwood for Cafe Costa services, 2/27/24-6/30/26 ✔ Attachment 4

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Additional pages may be included, if needed.

Required Attachments: Please provide the required copies of the following: (Please note: Applications without the following documents will not be reviewed for funding) Please label attachments A, B, etc. A. Names of governing board; identify current board officers, etc.

B. Proof of Non-Profit Status from the IRS or California Secretary of State.

C. Hold Harmless Agreement
D. Certificate of Insurance or Statement of Self-Insurance per required Policy Program limits
E. Promotional materials for review

8. Proposed Event Information:
a. Please explain how the event/program would be impacted if the City assistance is not provided. b. How will the requested funds be used? Describe, in detail, the proposed event. Clearly define any fee schedules that are applicable to this event. Identify if the proposed event is a new service, or extension of an existing one.
c. Will this event/program serve a significant number of Brentwood Residents ? Yes No Specify the proposed area (e.g. downtown), population or agency that will benefit from this event/program. ___________________________ _______________________ ____________ Applicant Signature Applicant Name Date
Hundreds of seniors eat a free lunch everyday, enjoying a nutritious meal and engaging in social activities that would otherwise not be provided if we were not able to use the space. We do not need funds but need space without having to pay rental fees. We will use the space to provide free lunch and activities for Brentwood residents who are 60 years or older. All services are free. ✔ All seniors livinging in the City of Brentwood. All seniors livinging in the City of Brentwood. Each day we have approcimately 40 senoirs that join us for lunch. Each day we have approcimately 40 senoirs that join us for lunch. Fern Fonseca 5/7/26

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Fee Waiver/Fee Reduction
Application Finance &
Information Systems
Effective: April 2023
City Hall – 150 City Park Way, Brentwood, CA 94513
Finance & Information Systems (925) 516-5460
C. Hold Harmless Agreement
Fiscal Year __________
Applicant, Event Sponsor or Contractor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigations) of every nature arising out of or in connection with Applicant, Event Sponsor or Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement except such loss or damage with was caused by the sole negligence or willful misconduct of the City.

Signatures:

Applicant Date
Name of Organization /Agency
Note: Applicants will be notified within five (5) business days if the request for use of City funds will be granted.

For City of Brentwood Use Only
Completed Actual Waived with Director approval should be sent to Finance immediately ============================================================================ Approved by: ________________________________ ______________ $ __________ $_______________ Director Date
Approved by: ________________________________ ______________ $ _________ $_______________ Approved by: ________________________________ ______________ $ _________ $_______________ Approved by: ________________________________ ______________ $ _________ $_______________ Approved by: ________________________________ ______________ $ _________ $_______________ Approved Actual Waived
Director Date
Director Date
Director Date
Director
Total Fees Approved to be Waived: $ _______________ (NTE) Total Fees Actually Waived: $ _______________
Director approval signifies "Actual Waived"
Date
FY26/27 and FY27/285/7/26 Meals on Wheels Diablo Region

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JIERITACE • VISI N • 0Pl'0RTUNITY
Fee Waiver/Fee Reduction
Application
Finance &
Information Systems
Effective: April 2023
For City of Brentwood Use Only
• The service provided by the City is within the scope of services normally provided by the Department
• All resources provided by the City in sponsorship of the event are provided for with the Departments current budget allocation and without a reduction of services • Appropriate recognition as co-sponsor or partner of the event/program is provided for on all promotional materials and are approved by the Graphic Standards Committee • The event/program is in compliance with Council Policy 20-23, Prohibiting Unlawful Workplace Discrimination and Harassment
• Applicant has provided a certification of insurance or self-insurance with the required limits per the Use of City Funds Policy, 10-12, or staff has obtained a waiver from the Risk Manager and it is attached
• Applicant has NOT previously failed to abide by the rules and procedures of the Policy Program • All required attachments per the Application have been provided and attached Staff Initials
Required
City Hall - 150 City Park Way, Brentwood, CA 94513
Finance & Information Systems (925) 516-5460
Submit this form to Finance with the completed Fee Waiver/Fee Reduction Application Package IF ANY OF THE ITEMS ABOVE ARE NOT MARKED , PLEASE EXPLAIN WHY:

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CITY COUNCIL AGENDA ITEM NO. H.5
06/09/2026
SUBJECT: Award of Contract to Wilson General Contracting, Inc., for the Aquatic Complex Mechanical Room Improvements, CIP Project No. 352-52434
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Director of Parks and Recreation Aaron Wanden, Parks Maintenance Manager
Christopher Lopes, Parks Maintenance Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a contract and any necessary related documents with Wilson General Contracting, Inc., as the lowest responsive and responsible bidder in the amount of $342,450 plus a 10% contingency amount of $34,245, for a total funding authorization not to exceed amount of $376,695, for the Aquatic Complex Mechanical Room Improvements, CIP Project No. 352-52434 (“Project”).

FISCAL IMPACT
If approved, the cost of the contract with Wilson General Contracting, Inc., is $342,450, plus a funding authorization for a 10% contingency amount of $34,245, for a total funding authorization not to exceed amount of $376,695.

The total Project budget is $495,000 and is included in the adopted 2026/27 – 2030/31 Capital Improvement Program (“CIP”). This project is funded by the Parks and LLAD Replacement Fund.

There are no additional maintenance costs incurred from the Aquatic Complex Mechanical Room Improvements project. Maintenance for the mezzanine is included in the monthly inspections completed by the Parks Maintenance staff and the cost is included in the 2026/27 – 2027/28 Operating Budget to be presented for consideration of adoption by the City Council on June 23, 2026.

BACKGROUND
The Brentwood Family Aquatic Complex, constructed in 1999, includes a stainless steel mezzanine that supports the filtration systems for its pools. Since the facility’s

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CITY COUNCIL AGENDA ITEM NO. H.5
06/09/2026
completion, this mezzanine has not been replaced. Over time, staff inspections have identified structural concerns, including noticeable bowing in the section supporting five (5) of the ten (10) pool filtration systems. Although staff have performed multiple repairs over the years, these have only provided temporary solutions. Given the ongoing deterioration and potential safety risks, staff worked with the Engineering Department to hire an outside engineering firm to prepare a feasibility study with recommendations for temporary and/or permanent repairs to ensure the continued safe and reliable operation of the facility.

After a Request for Proposals was published, staff retained Wood Rodgers to prepare an assessment of the current condition of the steel mezzanine supporting the pool filters. Following its evaluation, in October 2024, Wood Rodgers submitted a technical memorandum titled “Pool Equipment Mezzanine Condition Observations and Recommendations”. The report identified the following conditions:
 Minor cracking with exposure of aggregate
 Widespread exposed concrete due to deterioration of the metal deck  Significant corrosion of the metal deck, including complete loss of sections  Flaking of steel members with evidence of section (thickness) loss The report proposed the following improvement options:

Option 1: Removal and Replacement with Coated Carbon Steel Framing This option involves demolition and replacement of the existing concrete-filled metal deck and supporting framing. The mezzanine would be reconstructed using coated carbon steel framing and high-strength concrete. Given the corrosive environment, the anticipated service life of this option is greater than 20 years with proper maintenance.

Option 2: Removal and Replacement with Stainless Steel Framing Similar to Option 1, this approach includes full demolition and replacement of the existing structure. However, the new mezzanine would utilize 316 stainless steel framing in place of coated carbon steel. This option provides enhanced corrosion resistance and is expected to achieve a longer service life than Option 1.

Option 3: Mechanical Room Addition with Relocated Pool Equipment This option consists of a reconfiguration of the existing system, including construction of a new mechanical room. The expansion would include new masonry walls and reinforced concrete slabs designed to support the pool filtration equipment at grade.

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CITY COUNCIL AGENDA ITEM NO. H.5
06/09/2026
Under this approach, all pool filters would be relocated to ground level, eliminating the need for a steel-framed mezzanine system.

After careful consideration of long-term durability and safety, staff determined that Option 2 represents the most appropriate solution. Accordingly, staff proceeded with the preparation of the necessary formal bid documents to solicit competitive proposals for the Project.

Formal bid documents were made available to the public on March 5, 2026. A mandatory pre-bid conference was held on March 19, 2026, at the Brentwood Family Aquatic Complex mechanical room, and was attended by four staff members and twelve prospective contractors.

The bid opening was conducted on April 16, 2026, at which time a total of five (5) bids were received, as summarized below:

Contractor Total of Bid
Wilson General Contracting, Inc. $342,450
Paymun Building & Development Inc. $388,000
All Site Corp. Goods/Services Construction $411,576
MARC Builders $450,882
Saboo Inc. $580,000
Following consideration of a bid protest submitted by the second-lowest bidder, Paymun Building & Development Inc., and consultation with the City Attorney’s Office, a written response to the protest (see Attachment 4) was provided, and no further action was taken. In conformance with the Public Contract Code, staff recommends the award of the contract for the Aquatic Complex Mechanical Room Improvements, CIP Project No. 352-52434, to Wilson General Contracting, Inc. as being a responsive and responsible bidder, in the amount of $342,450, plus funding authorization for a 10% contingency amount of $34,245, for a total not to exceed funding authorization amount of $376,695.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

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CITY COUNCIL AGENDA ITEM NO. H.5
06/09/2026

DATE OF NOTICE
Notice of Inviting Bids was published in The Press on March 13, 2026.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation which would result in a delay of the Project and would leave the identified onsite safety issues unresolved.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract

4. City’s Bid Protest Response

5. CIP Project Sheet

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On September 28, 1999, the City Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.

On February 13, 2001, the City Council accepted the work performed by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202), and directed the City Clerk to file a notice of completion with the Recorder’s office of Contra Costa County
On January 22, 2008, by Resolution No. 2008-17, the City Council awarded the bid and approved and authorized the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., for the replacement of pool heaters in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352- 52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403.

On May 26, 2026, the City Council approved Resolution No. 2026-44 adopting the 2026/27 – 2030/31 Capital Improvement Program (CIP).

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RESOLUTION NO. 2026-XX

A RESOLUTION APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID, AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT AND

NECESSARY DOCUMENTS, INCLUDING THE USE OF

CONTINGENCY AMOUNTS, FOR THE AQUATIC COMPLEX
MECHANICAL ROOM IMPROVEMENTS, CIP PROJECT NO. 352-
52434 TO WILSON GENERAL CONTRACTING INC., AS THE

LOWEST RESPONSIVE AND RESPONSIBLE BIDDER IN THE
AMOUNT OF $342,450 PLUS A 10% CONTINGENCY AMOUNT OF
$34,245 FOR ADDITIONAL SERVICES, FOR A TOTAL FUNDING
AUTHORIZATION NOT TO EXCEED AMOUNT OF $376,695
WHEREAS, on September 28, 1999, the Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.; and
WHEREAS, on February 13, 2001, the City Council accepted the work performed by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202), and directed the City Clerk to file a notice of completion with the Recorder’s Office of Contra Costa County; and WHEREAS, on January 22, 2008, by Resolution No. 2008-17, the City Council awarded the bid and approved and authorized the City Manager or designee to execute a Construction Contract and necessary documents with Carrier Corporation Inc., for the replacement of pool heaters in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amended the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403; and WHEREAS, on May 26, 2026, the City Council approved Resolution No. 2026- 44 adopting the 2026/27-2030/31 Capital Improvement Program (CIP); and WHEREAS, routine staff inspections have identified structural concerns, including noticeable bowing in sections supporting five of the ten pool filtration systems; and
WHEREAS, due to ongoing deterioration, and repairs already performed by staff, Wood Rodgers, an independent engineering firm, was retained to prepare a feasibility study outlining its findings and recommendations for the support system of the pool filters; and
WHEREAS, in October 2024, Wood Rodgers submitted a technical memorandum outlining its findings and presenting three options: (1) removal and replacement of the mezzanine with coated carbon steel framing, (2) removal and

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replacement of the existing framing with stainless steel framing, and (3) construction of a mechanical room addition with relocated pool equipment; and WHEREAS, staff selected option 2 and solicited bids on March 5, 2026, and five bids were received on April 16, 2026; and
WHEREAS, staff reviewed the bids received and is recommending the award of the contract to Wilson General Contracting Inc. as the lowest responsive and responsible bidder for the project following consideration of a protest submitted by the second lowest bidder, Paymun Building & Development; and WHEREAS, after consultation with the City Attorney’s Office, the City provided a written response to the bid protest and determined that no further action was warranted; and
WHEREAS, the Project has been reviewed for compliance with the California Environmental Quality Act (“CEQA”), and the City Council finds that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15301, Existing Facilities, because the Project consists of repair, maintenance, and replacement improvements to an existing public facility involving negligible or no expansion of existing or former use.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the contract documents, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for Aquatic Complex Mechanical Room Improvements CIP Project No. 352-52434 to Wilson General Contracting Inc., as the lowest responsive and responsible bidder in the amount of $342,450, plus a 10% contingency amount of $34,245 for additional services, for a total funding authorization not to exceed amount of $376,695.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of June 2026 by the following vote:

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Aquatic Complex Mechanical Room 2025 Form CONTRACT
Improvements
CIP Project No. 352-52434 Page 1
Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Wilson General Contracting Inc. (“Contractor”), for work on the Aquatic Complex Mechanical Room Improvements Project, CIP Project No. 352-52434 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On June 9, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $342,450.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion by January 31, 2027, from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated

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Aquatic Complex Mechanical Room 2025 Form CONTRACT
Improvements
CIP Project No. 352-52434 Page 2
damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S.

Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City of Brentwood Contractor
Name/Title Christophor Lopes
Park Maintenance Supervisor
Wilson Magat
Owner
Address 150 City Park Way 15923 Madrid Court
City/State/Zip Brentwood, CA 94513 Tracy, CA 95304
Phone 925-516-5444 925-915-1606

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Aquatic Complex Mechanical Room 2025 Form CONTRACT
Improvements
CIP Project No. 352-52434 Page 3
Fax 925-516-5447
Email [email protected] [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.

12.9 Digital/Electronic Signatures. Using a City-approved method, this Contract 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 Contract will be construed as the Parties’ consent to do business electronically. [Signatures are on the following page.]

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Aquatic Complex Mechanical Room 2025 Form CONTRACT
Improvements
CIP Project No. 352-52434 Page 4
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ G. Harold Duffey, City Manager Thomas Lloyd Smith, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
Date: ___________________________
CONTRACTOR: Wilson General Contracting Inc.
s/_______________________________ Seal:

Wilson Magat, President / Assistant Treasurer
Date: ____________________________
#798732 11/30/2027
Contractor’s California License Number(s) and Expiration Date(s) #1000054388 6/30/2027
Department of Industrial Relations (DIR) Number and Expiration Date(s)

END OF CONTRACT

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Aquatic Complex Mechanical Room 2025 Form PAYMENT BOND
Improvements
CIP Project No. 352-52434 Page 5
Payment Bond
The City of Brentwood (“City”) and Wilson General Contracting Inc. (“Contractor”) have entered into a contract for work on the Aquatic Complex Mechanical Room Improvements Project, CIP Project No. 352-52434 (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and Wilson General Contracting Inc., its surety (“Surety”), are bound to City as obligee in an amount not less than $342,450, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place.

Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]

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Aquatic Complex Mechanical Room 2025 Form PAYMENT BOND
Improvements
CIP Project No. 352-52434 Page 6

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 2026.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

Wilson General Contracting Inc.

Business Name
s/__________________________________ ______________________________ Date
___________________________________
Wilson Magat, President / Assistant Treasurer
APPROVED BY CITY:

City of Brentwood
s/ __________________________________ ______________________________ G. Harold Duffey, City Manager Date

END OF PAYMENT BOND

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Aquatic Complex Mechanical Room 2025 Form PERFORMANCE BOND Improvements
CIP Project No. 352-52424 Page 7
Performance Bond
The City of Brentwood (“City”) and Wilson General Contracting Inc. (“Contractor”) have entered into a contract for work on the Aquatic Complex Mechanical Room Improvements Project, CIP Project No. 352-52434 (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and Wilson General Contracting Inc., its surety (“Surety”), are bound to City as obligee for an amount not less than $342,450 to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________

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Aquatic Complex Mechanical Room 2025 Form PERFORMANCE BOND Improvements
CIP Project No. 352-52424 Page 8
City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place.

Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 2026.

SURETY:
______________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

Wilson General Contracting Inc.

Business Name
s/__________________________________ ______________________________ Date
___________________________________
Wilson Magat, President / Assistant Treasurer
APPROVED BY CITY:

City of Brentwood
s/ __________________________________ ______________________________ G. Harold Duffey, City Manager Date

END OF PERFORMANCE BOND

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Aquatic Complex Mechanical Room 2025 Form GENERAL CONDITIONS Improvements
CIP Project No. 352-52434 Page 9
General Conditions
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents 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.”
Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose.

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

Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time.

City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives.

City Engineer means the City Engineer for City and his or her authorized delegee(s).

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; a written demand by Contractor disputing a unilateral Change Order or a portion thereof; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include Informational Documents, provided for reference only, or documents that are intended solely to provide information regarding existing conditions.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance.

The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies, or equipment following submission of the Bid Proposal.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, or joint venture that has signed the Contract with City to perform the Work.

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Aquatic Complex Mechanical Room 2025 Form GENERAL CONDITIONS Improvements
CIP Project No. 352-52434 Page 10
Day means a calendar day unless otherwise specified.

Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or other design professional services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

Drawings has the same meaning as Plans.

Engineer means the City Engineer for the City of Brentwood and their authorized delegees.

Excusable Delay is defined in Section 5.3(B), Excusable Delay.

Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings.

Final Payment means payment to Contractor of the unpaid Contract Price, 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 City 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.

Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay.

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Aquatic Complex Mechanical Room 2025 Form GENERAL CONDITIONS Improvements
CIP Project No. 352-52434 Page 11
Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings.

Project means the public works project referenced in the Contract, as modified by any Project alternates elected by City, if any.

Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her 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.

Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.

Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City.

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 Contractor, and subject to City 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 selfperform.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, 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.

Technical Specifications has the same meaning as Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City.

Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication.

Article 2 - Roles and Responsibilities

2.1 City.

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Aquatic Complex Mechanical Room 2025 Form GENERAL CONDITIONS Improvements
CIP Project No. 352-52434 Page 12
(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 City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager.

City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related 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.

2.2 Contractor.
(A) General. Contractor 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 City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor 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. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism, or theft, subject to the limitations of Laws, including Public Contract Code § 7105.
(C) Project Administration. Contractor 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, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to

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Aquatic Complex Mechanical Room 2025 Form GENERAL CONDITIONS Improvements
CIP Project No. 352-52434 Page 13
act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, 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 Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents, Laws, and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims.
(F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor 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 City, other contractors, or other utility owners.
(G) Construction Records. Contractor 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.

Contractor 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. Contractor will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records.
(H) Responsible Party. Contractor is solely responsible to City 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 Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, 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.

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(I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City 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 Contract Documents, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City 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 Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City 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 Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances.

Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2.
(J) Contractor’s Records. Contractor 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. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids.
(1) Contractor’s cost records must include all supporting documentation, including original receipts, 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 Contractor 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) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. Contractor’s records may also 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. Contractor 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

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documents must be available to City for reference at all times during construction of the Project.

2.3 Subcontractors.
(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors 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. Each Subcontractor must obtain a City business license before performing any Work.
(B) Contractual Obligations. Contractor 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. Contractor 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 City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor.
(C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City 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), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable.

2.4 Coordination of Work.
(A) Concurrent Work. City 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 City. To the full extent permitted by law, Contractor must hold harmless and indemnify City 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.

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(B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor 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, Contractor must give the Project Manager prompt written notification of any defects Contractor 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 Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4.

2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-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.
(C) Required Contents. Each submittal must include the Project name and contract number, Contractor’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).
(D) Required Corrections. If corrections are required, Contractor 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. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor 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 City, including costs for the Design Professional, Project Manager, or Inspector.

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(G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’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 Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City 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, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor 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 City does not relieve Contractor of Contractor’s responsibility.

2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work.

2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor 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, Contractor 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 City’s prior written consent.

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, Contractor 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. Contractor 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 Specifications 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 large-scale 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.

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Actual locations and depths must be determined by Contractor’s field investigation.

Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor 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, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor 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 Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor 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.)
(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. Contractor 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. Unless otherwise specified in the Special Conditions, 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) Contract;
(D) Notice to Proceed;
(E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions;
(G) General Conditions;
(H) Payment and Performance Bonds;
(I) Specifications;
(J) Plans;
(K) Notice of Potential Award;
(L) Notice Inviting Bids;
(M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders;
(O) Contractor’s Bid Proposal and attachments;

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(P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions.

3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions:
(A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents.
(B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern.
(C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows:
(1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City.

3.4 Informational Documents. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “Informational Documents.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such Informational 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 informational purposes only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any Informational Document that is provided for reference only.

3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City 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 City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all

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Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense.

3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

Article 4 - Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each executed by Contractor and its surety using the bond forms included with the Contract Documents.
(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 City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default.
(B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents.

4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201.

Contractor waives any right to express or implied indemnity against any Indemnitee.

Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.

4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all

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times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions:
(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protective coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $5,000,000 per occurrence and at least $10,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR.
(4) 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. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (6) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days

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advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or equivalent form(s) approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
(E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage.
(F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor

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has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.

Article 5 - Contract Time

5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time.
(A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed.
(C) Rate of Progress. Contractor 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 City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress.

Alternatively, City may terminate the Contract based on Contractor’s default.

5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, 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, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor 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 City, 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.

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(1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers.

Contractor must also retain documentation of the purchase order date(s). (B) City’s Review of Schedules. City 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. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so.
(C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week lookahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, 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. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project.
(2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to five percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’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 Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102.
(D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’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 City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.

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(F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City 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 City or others, or to facilitate City’s use of its property.

The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, 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 Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay.
(B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, or diligence, provided that Contractor 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 Contractor 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, City-approved schedule.

Contractor will be entitled to a non-compensable 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) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day.

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(3) Contractor 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 Contractor could have avoided or mitigated through reasonable care, planning, foresight, or diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for NonExcusable 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) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’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 Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’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 Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (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 City, or outside agencies with jurisdiction over the Work; or
(11) City’s exercise or enforcement of any of its rights or Contractor’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, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor 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 Contractor to an extension of time commensurate with the time lost due to such delay.

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(F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. 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 City 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 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 Contractor 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 Contractor’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 Contractor 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. Contractor 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 City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable Delay or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and

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any Recoverable Costs claimed by Contractor 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 City’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, Contractor 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.

Contractor’s sole recourse for an unresolved dispute based on City’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 12 below.

5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time due to Contractor’s NonExcusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion.
(E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor.

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Article 6 - Contract Modification

6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order.

Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties.
(A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract.

Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings.
(B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease 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, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease 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, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below.
(C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section 6.2, below.

Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating

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the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order.

Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day.
(D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.

6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within 14 calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer.
(B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. 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, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs.
(D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor

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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 Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work) will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup;
(3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup;
(4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of the total of the previous four sums.

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 Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.

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6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor 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. Contractor must obtain and pay for all permits, fees, and licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work.
(B) Taxes. Contractor must pay for all taxes on labor, material, and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Contractor must provide, at Contractor’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 City 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. Contractor 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. Contractor 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. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’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. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor 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, Contractor 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 City, Contractor 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, Contractor 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, Contractor must provide City 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 City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor 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 City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location.

7.5 Project Site and Nearby Property Protections.
(A) General. Contractor 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 City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections.
(2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’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) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City 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 Contractor.
(5) Contractor 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, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City 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. Contractor 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 City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above.
(D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More.
(E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City 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 Contractor 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 Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City.

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. Contractor 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. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor 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.

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(B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.
(C) Intellectual Property Rights. Contractor 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. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights.

7.7 Substitutions.
(A) “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 Contractor 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 City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts.
(B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer 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.
(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution.

Contractor’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.
(D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final.

(E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City.
(F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all

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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 City at all times and at all locations during construction and/or fabrication, including at any Worksite, 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. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents.
(B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor 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 Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent consultants retained by City, subject to the following exceptions:
(1) Contractor 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) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready, or Contractor 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 Contractor prior to the inspection or testing, Contractor 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) Contractor 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 Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. Contractor 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 Contractor of its obligations to perform the

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Work as specified. Any Work done without the inspection(s) or testing required by the Contract Documents will be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor 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. Contractor 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 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 City’s prior approval. Contractor 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. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. Contractor 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. Contractor must minimize and confine dust and debris resulting from the Work. Contractor 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 Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved water-spraying truck for this purpose. If water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor 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, Contractor 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 City, will be Contractor’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor 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. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor 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.

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(E) Completion. At the completion of the Work, Contractor 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, Contractor 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. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor 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. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City.
(F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City 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 Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor.

7.10 Instructions and Manuals. Contractor must provide to City 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 City to easily maintain and service the materials and equipment installed for this Project.
(A) Submittal Requirements. The instructions and manuals, along with any required guarantees, must be delivered to City for review prior to requesting final inspection pursuant to Section 11.1(A), unless otherwise specified. (B) Training. Contractor or its Subcontractors must train City’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. Contractor 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. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. 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. Contractor 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

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the Engineer 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. Contractor 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, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City 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. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’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. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities.

7.13 Notice of Excavation. Contractor 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. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions:
(1) Material that Contractor 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) City Investigation. City will promptly investigate the conditions and if City 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

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waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract.

Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City.

7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price 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 City 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 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, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any.

Contractor must notify City 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. Contractor is required to use any benchmark provided by the Engineer.

Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor 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.

Contractor must notify the Engineer of any discrepancies found between Contractor’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) Contractor’s Obligations. Contractor 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 City. If required by City, Contractor 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 City’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.

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

Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways.
(A) Stormwater Permit. Contractor 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) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs.

7.20 Noise Control. Contractor 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 Contractor.

7.21 Mined Materials. Pursuant to Public Contract Code § 20676, Contractor will not purchase any sand, gravel, or other minerals for the Work from an operation subject to the Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) unless the Contractor certifies, under penalty of perjury, that the minerals are from a 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 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents.
(B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material, or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct

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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, Contractor 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 unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City 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. City 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. Contractor will be notified in writing of the basis for the modification to the amount requested. City 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 Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City 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. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(E) For any unreleased stop notice, City may withhold 125% of the amount claimed. (F) For Contractor’s failure to submit any required schedule or schedule update in the manner specified or within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations.
(G) For Contractor’s failure to maintain or submit as-built documents in the manner specified or within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts.

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(H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City 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, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement.
(J) For any other fines, payments, or penalties assessed against the City relating to Contractor’s acts or omissions, including violations of Laws, City may withhold or deduct such amounts from payment otherwise due to Contractor.
(K) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor.

8.4 Early Occupancy. Neither City’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. City will retain five 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.

Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s recordation of the Notice of Completion, subject to the terms of Public Contract Code § 7107. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. 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 City’s legal counsel. If City 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 Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’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 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 Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the

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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, Contractor 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, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City 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 City 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 City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

8.7 Final Payment. Contractor’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, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor 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 Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties.

8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City 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.

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

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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. Contractor 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, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor 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. Contractor 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, Contractor 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 City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site.
(A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City 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. Contractor 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, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates.

9.4 Payroll Records. Contractor 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) Contractor and Subcontractor Obligations. Contractor 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) Contractor 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 his or her authorized representative on request, to City, 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, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor 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 Contractor.

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.

Article 10 - Safety Provisions

10.1 Safety Precautions and Programs. Contractor 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. Contractor 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 Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite.
(A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite 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 Contractor 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 Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City.
(B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws.
(C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor.

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(D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’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 Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor 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 City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.

10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’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. Contractor 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 Contractor’s employees, Subcontractors, and City.
(A) Contractor Obligations. Contractor 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. Contractor must notify the Engineer if a specified product or material cannot be used safely.
(B) Labeling. Contractor 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. Contractor 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, Contractor 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 Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City.

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Article 11 - Completion and Warranty Provisions

11.1 Final Completion.
(A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City 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 Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’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 City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item.
(B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City 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 City 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 Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’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.

11.2 Warranty.
(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.

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(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be coguarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below.
(G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work.

11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City 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 City’s rights or Contractor’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.

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(B) City’s Responsibility. City 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 Contract Price 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 Contractor’s cost or time to complete the Work within the Contract Time.

11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article.

Article 12 - Dispute Resolution

12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (B) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein.
(C) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (D) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City.

12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, by registered or certified mail with return receipt requested and clearly identified as a “Claim” submitted pursuant to this Article 12. The Claim must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each

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component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim:
a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include the following certification, executed by Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”

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(C) Submission Deadlines.
(1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 21 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 21 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 21 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents.

12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an informal conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived.
(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed

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to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.

12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.
(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process.

However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated

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Brentwood City CouncilJune 9, 2026

Brentwood City Council
June 9, 2026