Fairfield City Council
December 3, 2024

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(B) Allan Witt Sports Complex
 Provide and install a 93.1 kWdc PV System
 Existing EV Chargers in Aquatic Center lot meet EVCS mid-cycle code requirement

(C) Allan Witt Aquatics Center
 Provide and install a 340.3 kWdc PV System
 Provide and install 1 New Level 2 EV charging station

(D) Corp. Yard Administration
 Provide and install a 99.5 kWdc PV System
 No ADA or EV stalls needed inside the fenced area

(E) Fairfield Transportation Center
 Provide and install a 289.5 kWdc PV System
 No ADA or EV stall needed; existing EV charging infrastructure satisfies mid cycle code requirements

(F) Cordelia Library
 Provide and install a 89.9 kWdc PV System
 Provide and install 1Shaded Standard ADA stall
 Provide and install 4 New EV Capable Stall for future EV installations

(G) Fire Station No. 41
 Provide and install a 34.8 kWdc PV System
 Provide and install 1 Standard ADA stall

Clarifications for all sites:
 Trenching or boring as required for electrical and communication wire in conduit, including patching, backfill and repair.
 Obtain necessary design approvals and permits required for the Customer & the Authority Having Jurisdiction (AHJ).
 Coordinate net-metering capable utility meter installation with electric utility.
 Furnish and install all electrical mounting equipment necessary for a complete system installation.

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 Furnish and install all control system wiring and all electrical distribution wiring.
 Furnish and install equipment required for proper PV system grounding.
 Furnish and install all DC and AC wiring, conduit and equipment.  Furnish and install balance of system equipment required for a complete system.
 Furnish and install array lighting for canopy systems and integrate into existing lighting controls where possible to be compliant with CA Title 24  Install Data Acquisition System (DAS) that monitors all solar PV performance and provides remote access to Owner
 Cleanup and removal of debris.
 Provide warranty execution instructions to owner for 3 rd party warranties.
 Coordinate testing and commissioning between manufacturer and utility.
 Training of the system operation to owner.
 Provide system operating and maintenance documentation to owner.

(2) FIM – 2: LED Lighting
This work is to be performed at the following sites:

(A) City Hall
(B) Council Chambers
(C) Central Utility Plant
(D) Civic Complex Exterior
(E) Police Department
(F) Community Center
(G) Willow Hall (Inside Community Center)
(H) Adult Recreation Center
(I) Allan Witt Sports Complex
(J) Allan Witt Aquatics Center
(K) Allan Witt Athletic Complex
(L) Fairfield Transportation Center
(M) Rancho Solano Clubhouse
(N) Downtown Theater

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(O) Paradise Valley Clubhouse
(P) Fire Station #35
(Q) Fire Station #37
(R) Fire Station #38
(S) Fire Station #40
(T) Fire Station #41
(U) Fleet Maintenance Facility
(V) Art Koch Range & Training Facility
 Demo existing lighting systems identified in the room schedule lighting audit as contained in City of Fairfield Energy Project Investment Grade Audit Report Phase 1 Appendix G.
 Recycle and dispose of lighting systems per all applicable local, state and federal regulation
 All fluorescent, incandescent, halogen, and HID lamps shall be retrofitted or replaced with LED lamps or fixtures as identified in the room schedule lighting audit as contained i n City of Fairfield Energy Project Investment Grade Audit Report Phase 1 Appendix G.  Furnish and install all materials and labor to provide a complete LED lighting system.
 All existing fixtures with emergency backup ballasts shall retain that function with new battery backed drivers or inverters.
 All existing lighting controls will be left as is.
 Provide 2% lighting product “attic stock”.
 Provide all necessary floor and wall protection to protect existing conditions.
 All spaces will be cleaned at the end of each work shift.  All penetration or damage to drywall must be patched back to maintain their fire rating.
 Provide proper recycling/disposal documentation upon completion of each building to ensure an environmentally friendly and legal disposal of hazardous material during this scope of work.
 Coordinate all logistics needed for receiving, unloading, verifying material, storing, and securing the materials onsite per building.  A designated location will be provided at each building for storage containers(s), dumpsters, and temporary toilets for the subcontractor Exclusions:
 Our proposal assumes the building owner will follow the OSHA 1910.1001 - Asbestos Standard and there will be no delays caused by our workers finding unidentified or unabated PACM (Presumed

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Asbestos Containing Material) or ACM (Asbestos Containing Material) found in our scope of work. We further assume that if there is building within our scope constructed in 1980 or before, we will be provided with an Asbestos Pre-Renovation Report or equivalent for our safety records.
 Exit/Emergency lighting replacement
 Lighting Controls

(3) FIM #3: Central Utility Plant (CUP) Modifications
This work is to be performed at the following site:
(A) The Central Utility Plant at the Fairfield Civic Center CUP Mechanical System Modifications are limited to the following scope of work (including Selective Catalytic Reduction (SCR) system)  Provide onsite design and development to verify existing conditions as required to produce the mechanical and electrical design development of a new design for a new direct exhaust absorption chiller, distribution piping, pumps and VFDs, control valves and control components with a new design to tie -in with existing Heating H ot water ( HHW) and Chilled Water (CHW) distribution systems.
 This will include demolition drawings of the existing vapor phase boiler and associated distribution steam piping and of the existing absorption chiller, distribution steam and chilled water piping to points of disconnection.
 During design, we will develop drawings, and specifications as required to produce the permit set mechanical design.
 During construction, remove the existing vapor phase steam generator.  Remove the existing absorption chiller.
 Provide and install a new Thermax Exhaust Absorption Chiller Model TCH E7 P3 XP or equivalent that uses direct exhaust from the generator, precluding the need for a new vapor phase steam generator.

The direct exhaust fired Absorption Chiller will come with a Lower/Upper Shell, High Temperature Generator, regenerative Heat Exchangers, Auto Purge Recovery Device and a BACNet Controller.  Provide and install (2) Primary CHW Pumps - 605 Gallons per minute (GPM) @ 60’ THD with 15 HP Baldor TEFC motor. Pumps to be Bell & Gossett Series E-80 In-line or equivalent.
 Provide and i nstall (2) Primary HW Pumps - 180 GPM @ 45’ THD with 7.5 HP Baldor TEFC motor. Pumps to be Bell & Gossett Series E- 80 In-line or equivalent.
 Provide and install (4) Variable frequency drives: (2) 15 HP Indoor rated drives and (2) 7.5 HP Indoor rated drives. with BACnet control

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ready communications cards. Variable Frequency Drives (VFDs) to be ABB 580 NEMA3R or equivalent.
 Provide and install (1) Air Separator.
 Provide and install (2) expansion tanks
 Reuse the existing York centrifugal chiller as a backup cooling source as it is still in good operating condition.
 Remove the existing Cleaver Brooks hot water boiler
 Provide and install (3) Lochinvar Energy Efficient Crest boilers 96.2% Efficient each having a 2000 MBH Input Capacity.
 Provide and install a new stainless steel boiler stack.  Provide and install (3) Bell & Gossett series e -90 In-line pumps rated at 1 HP, 1800 RPM, 144GPM, 15ft
 Provide and install (4) variable frequency drives: (1) 50 HP Indoor rated drive, and (2) 20 HP Indoor rated drives with BACnet control ready communications cards.
 Provide VFD Factory start up.
 Provide and i nstall (2) Secondary CHW Pumps each producing 1100 GPM @ 120’ THD with 50 HP TEFC motor
 Provide and install (2) Secondary HW Pumps rated at 500 GPM @ 100’ THD with 25 HP TEFC motor.
 Provide and i nstall new digital controls t o interface with the boiler controls and direct control of the hot water control valves, flow meter, flow switches, and primary hot water pumps LEAD/LAG controls

(B) Tower
 Reuse roof-mounted cooling tower and replace fill material, seal basin and rebuild ventilation slats. Work to include:
 Coordinate and schedule safe-off and Lockout-Tagout (LOTO) of the cooling tower.
 Drain down the tower basin and clean out the debris in the sump.  Remove the drift eliminators and fill media.
 Grind and prepare interior of the tower basin & fill area.  Apply two coats of NovoCoat SP2000 Epoxy to the prepared areas.  Install new fill supports, fill media and drift eliminators.  Remove & replace media from air inlet louvers ( reuse SS frames )  Clean up work area and prepare the tower for fill and restart.  Restore tower system operation

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(C) SCR (selective catalytic reduction) System
 Install an upgraded SCR box with catalyst elements. The SCR Replacement Includes:
 SCR housing with 16” inlet and outlet flanges configured for up to 3 Layers of E‐ Frames,
 18 SCR E Frames (enough for 2 Layers),
 4 High temp 16” exhaust gaskets

(D) CUP Electrical Distribution Modifications
 During design, we propose to develop drawings, and specifications as required to produce the permit set electrical design.
 During construction, we propose the following scope of work for CUP Equipment Power:
 Provide demo of existing feeders/motor connections.
 Remove/replace existing power panels with new electrical gear of sufficient power buss and breaker size to serve the new CUP equipment needs including:
(i) (1) 600 amp panel
(ii) (3) 400 amp panels
(iii) (2) 100 amp panels
 Provide new feeders, disconnects, and VFD mounting for Secondary Chilled Water (SCHW) Pump (2), Service Hot Water (SHW) Pump (2), HHW Boilers (3), HHW Pumps (3), Primary Heating Water Pumps (2), Primary Chilled Water Pumps (2), Absorption Chiller (1)

(E) Generator Controls
 Replace the generator controls including the existing DSLC (Digital Synchronizer and Load Controller) and MSLC (Master Synchronizer and Load Controller)
 Replace generator main breaker.
 New Generator Controls to Include:
i. InteliSys Gas industrial grade controller for power generation applications
ii. 12.1" display unit for ComAp controllers
iii. MOTORTECH Ignition Controllers
iv. MOTORTECH Detonation Control Systems
v. ProAct™ Integrated Throttle Bodies

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vi. Low Voltage WL Circuit Breakers
vii. SEL-700G Generator Protection Relays
viii. The existing DSLC (Digital Synchronizer and Load
Controller) and MSLC (Master Synchronizer and Load
Controller)
Exclusions:
 Adjustments to existing PG&E gas pressure.

(4) FIM #4: HVAC Replacements
This work is to be performed at the following sites:

(A) City Hall
 Install new roof equipment curbs. New roofing work and flashing installed by roofing contractor under roofing scope of work.  Install new rooftop air handlers replacing FC-3 and FC-4 consisting of energy efficient supply fan , motors, mixed air section with outside, exhaust, and return air dampers and actuators for blending return and fresh outside air.
 Install new 2-way style control valves with digital actuators on new air handler hot water and chilled water coils.
 Replace Rooftop mounted exhaust fans EF-15, EF-16, EF-17, EF-22.  Replace fourth floor ceiling mounted exhaust fans EF-10, EF-20, EF- 21  Replace third floor ceiling mounted exhaust fan EF-19  Remove 33 existing hot water reheat coils and replace them with 33 new hot water reheat coils.
 Replace the 3 -way hot water control valves with 2 -way style valves allowing a variable flow pumping sequence to operate.
 Reuse distribution ductwork and install zone damper kits. Distribution ductwork and piping to be reused throughout the system.  Install new Direct Digital Control ( DDC) controls and air ha ndler sequence of operations with remote monitoring, control, and scheduling by the Building Management System (BMS).
 Provide 8 hours owner training on new systems.
 Provide a new code compliant fire alarm system for the city hall.  The new city hall fire a larm system will be separated from the rest of the civic complex. The City Hall system will become its own entity w/ its own panel, annunciator and monitoring service.

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 All city hall devices will be de-programed from the existing fire panel in PD. The PD a nnunciator in the 911 dispatch center will no longer annunciate issues w/ city hall.
 Replacing all city hall initiation devices & re -use all existing notification devices and re-use existing wiring.
 Provide and install ( 1) Addressable duct detectors in FCU -3 supply ductwork and install ( 1) Addressable duct detectors in FCU -4 supply ductwork with the appropriate sampling tubes and remote test switches.  Install (1) relay module in each duct detector for fan shutdown.  Willdan excludes responsibility for coordinating & paying for elevator recall testing after fire panel is replaced.
 Willdan excludes future 2-year monitoring contract costs amounting to an estimated $65/ month that would be required with the installation of this new panel.
 Willdan excludes the costs required to install a new dedicated circuit for the fire alarm panel as Willdan has been directed this is already existing and in place.
 Willdan excludes the existing electrical conditions off all low and 120v electrical systems currently assumed in this price to be salvaged and reused.

(B) Allan Witt Sports Complex
 Replace AC -1, AC -2, AC -3, AC -4, AC -5, and AC -6 with new air handlers consisting of energy efficient supply fan motors, mixed air section with outside, exhaust, and return air dampers and actuators for blending return and fresh outside air. Units will come with new hot water and chilled water coils, and control valves with digital actuators.  Install 2 new 1000 MBH condensing hot water boilers replacing existing Boiler B -1, new stainless steel boiler exhaust stack, 2 new hot water pumps, and new hot water expansion tank.
 Install all piping and piping connections for the new boilers and primary heating water pumps.

 Replace the 3 -way hot water control valves and 3 -way chilled water control valves with 2 -way style valves that will allow a variable flow pumping sequence to operate. Distribution ductwork and piping to be reused through system.
 Install new DDC controls and air handler sequence of operations with remote monitoring, control, and scheduling by the Building Management System (BMS).
 Integrate to a new Building Management System (BMS)

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 Provide and install (1) addressable duct detectors in AC -1 supply ductwork with the appropriate sampling tubes and remote test switches  Provide and install (1) addressable duct detectors in AC -2 supply ductwork with the appropriate sampling tubes and remote test switches.  Install (1) relay module in each duct detector for fan shutdown.  Install (2) relay modules for each detector for future global shutdown, and remote reset.
 Tie the new modules into the existing fire alarm panel.  Willdan excludes the costs required to install a new dedicated circuit for the fire a larm panel as Willdan has been directed this is already existing and in place.
 Willdan excludes the existing electrical conditions off all low and 120v electrical systems currently assumed in this price to be salvaged and reused.
 Willdan excludes a new fir e alarm panel. This proposal includes the integration of new devices into the existing panel.
 Provide 8 hours owner training on new systems.

(C) Rancho Solano Clubhouse
 Replace packaged rooftop air handlers AC -1, AC-2, AC-3, AC-4 and AC-5.
 Replace evaporative cooling units MAU-1 and MAU-2.
 Replace split heat pump units HP -6, HP-9 (consisting of both rooftop condensing units and indoor air handlers).
 Replace multi-split heat pump unit HP-16.
 Replace Refrigeration units RU-1 and RU-2 (consisting of condensing units and evaporator units).
 Replace exhaust fans EF-1 and REF-2.
 Replace all exposed rooftop ductwork associated with HVAC equipment.
 Install a new networked digital thermostat to control Packaged Unit heating and cooling operation.
 Provide wiring and devices to integrate to Integrate to a new Building Management System (BMS).
 Wireless thermostats will be used at the Rancho Solano Clubhouse, to operate the two (2) Downstairs Fan Coil Units.

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 Provide and install (1 each) addressable duct detectors in RTU-2 supply ductwork, RTU-3 supply ductwork, and RTU-4 supply ductwork with the appropriate sampling tubes and remote test switches.  Install (1) relay module in each duct detector for fan shutdown.

Mechanical code states that duct detectors must be tied to a fire alarm only if one exists. If a fire alarm doesn't exist, then the duct detectors are still required but they will be standalone. This means we will not need to tie the duct detection into the f ire alarm system as there is no fire alarm system present in Rancho Solano. Willdan has included the costs for the supply and installation of duct detectors but excludes the costs associated with these detectors being integrated into any life - safety device.
 Willdan excludes all low and 120v electrical systems.  Willdan excludes any alarm scope above the supply and install of duct detection with a local HVAC unit shut down.
 Willdan excludes a new fire alarm panel.
 Willdan to inspect, salvage and reinstall 4 Packaged RTUs, 2 Condensing Units and Associated ductwork serving adjacent building.

Reusing existing condensate drains, piping, gas connections and electrical connections
 Willdan excludes existing conditions of mechanical
equipment, structural support mem bers, gas and condensate piping, drains, controls, electrical wiring and electrical equipment serving these units and assumes reuse of all of these in their current condition.  Provide 8 hours owner training on new systems.

(D) Fairfield Transportation Center
 Install a new energy efficient 50-ton rooftop packaged Unit, AC -1 consisting of energy efficient supply fan motors, mixed air section with dampers and actuators for blending return and fresh outside air and DX compressors for cooling.
 Under separate DDC s cope of work, provide all communications wiring and devices to integrate to a new Building Management System (BMS).
 Install a new small roof mounted boiler and hot water pumps.  Leave in place the existing variable air volume variable distribution system w ith VAV boxes with hot water reheats and temperature controls. Install two new 3-ton split system heat pump units AC-2 and AC-3 to serve the IT server room.
 Provide wiring and devices to integrate to Integrate to a new Building Management System (BMS).

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 The existing JCI controller in the Fairfield Transportation Center will continue to control the VAV’s in that building. It is assumed that functionality of the units will continue without the need to modify or enhance the code in the JCI equipment. In additi on, it is assumed that removal of other equipment being replaced will also not impact the operation of the JCI controller or overall functionality.  The BAS system will access the existing JCI controller at this location via a communications link between Wi lldan’s new NIAGARA JACE controller and the existing JCI controller. All identified points will be imported into the BAS and use the Read/Write functionality to monitor and input setpoint and functional values where appropriate. No modification to the exis ting JCI controller sequencing, operations, or “code” is included in this scope. The BAS solution will duplicate the existing JCI HMI screens wherever possible.
 Provide 8 hours owner training on the new HVAC systems  Provide and install (1) addressable duct detector in AC -1 supply ductwork with the appropriate sampling tubes and remote test switches.  Install (1) relay module in each duct detector for fan shutdown.  Provide and install (2) relay modules for each detector for future global shutdown, and remote reset.
 Tie the new modules into the existing fire alarm panel.  Willdan excludes the costs required to install a new dedicated circuit for the fire alarm panel as Willdan has been directed this is already existing and in place.
 Willdan excludes the existing electrical conditions off all low and 120v electrical systems currently assumed in this price to be salvaged and reused.
 Willdan excludes a new fire alarm panel. This proposal includes the integration of new devices into the existing panel.

(E) Allan Witt Aquatics Center
 Replace two pool dehumidification units with new dehumidification units.
 Demolish existing and i nstall new Ductsock ducting in the pool area for air distribution.
 Replace heating ventilating unit serving the changing locker rooms and restrooms.
 Replace rooftop unit serving the concessions area with rooftop heat pump unit.
 Install controls to control space heating, cooling, dehumidification mode, pool water heating, and ventilation.

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 Provide wiring and devices to integrate to Integrate to a new Building Management System (BMS).
 The City of Fairfield identified that a 2” underground conduit is available from the back of the pool area to the building entrance. They are to verify and pr ovide a piping schedule for this run. Willdan will need to utilize this conduit to run wire in order to implement the proposed BAS solution for this location.
 Provide 8 hours of owner training on new systems.
 Install (1) addressable duct detector in DH -C1 supply ductwork and propose to install (1) addressable duct detector in DH -C2 supply ductwork with the appropriate sampling tubes and remote test switches.  Install (1) relay module in each duct detector for fan shutdown.  Tie the new modules into the existing fire alarm panel.  Willdan excludes costs associated with password recovery to access this panel. If the password cannot be found or is incorrect and does not provide access to the system a change order to recover the password and gain access to the panel will be required.
 Willdan excludes the costs required to install a new dedicated circuit for the fire alarm panel as Willdan has been directed this is already existing and in place.
 Willdan excludes the existing electrical conditions off all low and 120v electrical systems currently assumed in this price to be salvaged and reused.
 Willdan excludes a new fire alarm panel. This proposal includes the integration of new devices into the existing panel.

(5) FIM #5: Controls Integration
This work is to be performed at the following sites:
(A) Art Koch Range & Training Facility
(B) Council Chambers
(C) Fairfield Transportation Center
(D) Cordelia Library
 Four of the facilities being integrated (Art Koch Range & Trainign Facility , Cordelia Library, Council Chambers, and Fairfield Transportation Center) are currently being fully or partially supported by a JCI control system. Our proposed scope of work is to connect to those controllers via a communications bridge to access the operating database within those systems and port them i nto a new JACE8000 controller at each location.
 This database will contain all the necessary points (Appendix H) to support the monitoring and configuration parameters within those

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systems and display them on the new NIAGRA BAS solution. The display and fu nctionality of those buildings will be configured in the same fashion as currently seen on the existing JCI system.  The BAS solution will access the existing JCI controller at each location via a communications link between the new BAS JACE controller and the existing onsite JCI controller. All identified points (Appendix H) will be imported into the BAS and use the Read/Write functionality to monitor and input setpoint and functional values where appropriate. No modification to the existing JCI controller sequencing, operations, or “code” is included in this scope. The BAS solution will duplicate the existing JCI HMI screens wherever possible.  Willdan will not modify or access the control logic (programming) of the JCI units but rather mirror their values f rom the existing JCI controllers into the new BAS solution.
 Willdan will have Read/Write capabilities to the data allowing for setpoint entry and parameter adjustment at the point of control.  Willdan recommends a controls integration upgrade to consolidate the existing control systems, and any new controls needed for the HVAC upgrades in this phase into a single, open protocol capable, non - proprietary system with flexible access for facilities staff.  The proposed system will communicate and control existing building supervisory controllers, and newer generation equipment from different equipment manufactures.

Exclusions:
 For those controllers or sensors found inoperable during the controls integration work, a scope of work to repair/replace will be documented and reported to the city for further needed repairs.
 Integration with Fire alarm systems.

(6) FIM #6: Retro Commissioning (RCx)
This work is to be performed at the following sites:

(A) Art Koch Range & Training Facility
(B) Council Chambers
 Retro-commission these buildings to improve and optimize operation, maintenance, and energy efficiency.
 Inspect the software platform on the Operator
Workstation to ensure:
 All points shown on the points list have been installed.  All graphics shown on the points list have been
programmed.

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 All alarms shown on the points list have been
programmed and soft alarms that the City operations
may want.
 All trends shown on the points list have been
programmed.
 Sequence of Operations to be verified include but are not limited to: Air Handler VAV operation, VAV Box operation, Discharge Air Resets, Outside Air Economizers, Building Occupancy Schedules - Optimal Start/Stop, Night
Setback/Shutdown, Building Static Pressure, and Central Plant sequences and operation.
 Perform an onsite system wide inspection - The total physical system should be inspected to ensure:
 Controls installations are neat, orderly, labeled, and in easily serviceable locations.
 All electrical connections are made, and all automatic damper actuators have been installed correctly and are
configured in the BAS.
 Verify all automatic control water valves have been
installed correctly and are configured in the BAS.
 Inspect proper operation of HVAC components, inc luding checking economizers and proper damper function, confirming and adjusting set points for temperature, static pressure, verifying system scheduling, and eliminating potential for simultaneous heating and cooling.
(7) FIM #7: Roofing Replacements
This work is to be performed at the following sites:

(A) City Hall
 Remove and dispose of existing pea gravel, existing pipe flashings, and dispose of existing counterflashing.
 Install new roofing system adhered to structural sheathing with:
 Install new POLYISO insulation – loose laid.
 Install tapered polyisocyanurate insulation (to achieve slope to drains)  Install new Thermoplastic Polyolefin (TPO) type membrane roof.  Replace or extend roof vents and drains as needed.
 Replace flashing where needed.

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 Mechanical and electrical contractors will disconnect roof mounted HVAC equipment where needed for roofing work and replace under separate HVAC Scope of work

(B) Rancho Solano Clubhouse
 Prepare the existing roof for a roofing overlay including leveling field imperfections, cutting or fastening flush significant blisters and ridges, removing loose penetrations, and clearing the roof of loose debris.  Remove existing walkway system and dispose of debris.  Install new POLYISO insulation – loose laid
 Install tapered polyisocyanurate insulation (to achieve slope to drains)  Install new TPO type membrane roof.
 Replace or extend roof vents and drains as needed.
 Replace flashing where needed.
 Furnish and install new roof access ladder
 Mechanical and elec trical contractors will disconnect roof mounted HVAC equipment where needed for roofing work and replace under separate HVAC Scope of work

(8) FIM #8: City Hall Acoustical Ceiling Tile
This work is to be performed at the following site:

(A) City Hall
 Remove existing spline ceiling tiles and dispose of them per local laws.  Floor 1 – Approximately 2,126 SqFt.
 Floor 2 – Approximately 5,140 SqFt.
 Floor 3 – Approximately 3,310 SqFt.
 Floor 4 – Approximately 1,050 SqFt.
 Replace with new acoustical lay in ceiling tile system and match existing Acoustic Ceiling Tile (ACT) system tiles.
 Install new T-Bar Grid with seismic bracing per Division of the State Architect (DSA) documents IR 25 -2 SUSPENDED LAY -IN PANEL CEILING: 2019 CBC only where spline ceiling is being demolished and replaced with ACT. Existing ACT grid is to remain.
 Where existing ceiling is already ACT, remove existing ACT local to mechanical work area.
 Reinstall existing ACT tile when work is done.

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 If damaged, replace with acoustical lay in ceiling tile system and match existing ACT system tiles.
 Leave hard lids, ACT where already installed, and open ceilings spaces in lobby and equipment spaces

(9) FIM #9: Irrigation Controls
This work is to be performed at the following sites:
(A) Allan Witt Community Park
(B) City Hall & Civic Center Park
(C) Dover Neighborhood Park / Bike Path
(D) Dunnell Nature Park & Education Center
(E) Gary Falati Neighborhood Park
(F) Hillview Neighborhood Park
(G) Julia Berger Park
(H) Linear Park Playground at 2nd Street and at 5th Street (I) Mankas Neighborhood Park
(J) Meadow Glen Neighborhood Park
(K) Meadow Neighborhood Park
(L) Ridgeview Neighborhood Park
(M) Rolling Hills Neighborhood Park
(N) Sunrise Neighborhood Park
(O) Tabor Neighborhood Park
(P) Tolenas Neighborhood Park
(Q) Hayes & Utah Street Tot Lot
(R) Veterans Memorial Park
(S) Vintage Green Valley Neighborhood Park
(T) Woodcreek Neighborhood Park City Hall
 Perform a detailed audit of irrigation controls prior to installation.  Test existing valves for proper operation
 Meter test existing wires for continuity.
 Install new central system and new satellite controllers.  Incorporate existing micro -climate zone weather stations for rain shutoff controls.
 Incorporate and integrate any existing controllers that are capable of network integration for remote monitoring and control.

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 Install next generation networked irrigation controllers where needed for remote monitoring, scheduling, and control for a total city -wide system.
 Contract price includes the furnishing and installation of retrofit boxes, wall mounts and new pedestal enclosures where necessary to complete this scope of work
 Provide 8 hours owner training on new system

(10) Work Excluded:
(A) General
 Any work not clearly defined above is excluded
 The City has determined that permit fees will not be required for these projects.
 Abatement of asbestos and other hazardous materials are not included in the Scope of Work. This work is to be performed under a separate contract by the Customer in a timely manner. This proposal includes items listed to include demolition as though no abatement is necessary pending hazardous materials report findings.
 Landscaping beyond reseeding of damaged or disturbed earth.  Integration or modification of security access controls and surveillance system. (Especially relevant when modifying entrances)
 DSA inspection and inspector fees.
 Repair to existing electrical, existing mechanical ductwork and existing paving conditions unless mentioned in the scope.
 Upgrades or modifications to existing utilities unless otherwise defined in the scope of work including fees assessed by utility providers.  ADA, DSA or existing code non -conformance issues not directly related to our proposed scope of work and outside our boundaries of construction
 Delays and cost impacts due to recent US port strike.

Assumptions and Clarifications
 City IT team will handle all IT related items when it comes to work within the City Hall and moving IT equipment (disconnection of networking cables, computers, etc).
 City staff to box up all items to be moved for City Hall scope of work.  Boxes will be provided by Willdan’s moving contractor.

(B) Solar PV

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 Additional changes to equipment or scope after Plan Review  Force majeure material price increases
 Water management materials, weathertight guarantee, or warranty.  Resealing asphalt. Restriping of parki ng stalls except where specified existing striping and asphalt patched back if disturbed.  Excavation or removal of contaminated soils or similar. Offsite relocation of spoils, debris boxes or dumpsters if soil is contaminated  Special foundation drilling, rock excavation, or anything other than what is stipulated under foundation inclusions, alternate spread footings, collapsed footing conditions, water intrusion, any conditions where pier footing is not drillable under normal reasonable conditions such as an existing or planned stormwater management system, where the surface and the subsurface cannot be disturbed to avoid water running freely to the ground below
 Large capacity drilling machinery. Crane rental or any special condition requiring extended reach equipment
 Any Concrete, reinforcement rebar, dry packing of high strength grout under the base plate work
 Gutters, downspouts, elbows, Ethylene Propylene Diene Monomer (EPDM) gutter liners.
 Rock excavation, unforeseen sub-terranean conditions, dewatering.  Storm Water Pollution Protection Plan ( SWPPP), any site prep, or finish grading work except drain inlet protection which will be provided.
 Asphalt replacement due to existing poor conditions if existing lots are past their useful lifespan.
 ADA required asphalt work will be integrated into existing asphalt conditions. The edge of the proposed asphalt work may become compromised by the existing asphalt conditions.
 Full lot overlay and striping.
 Landscaping and irrigation not affected by this scope of work.  Relocation of any existing underground and costs associated with damaged utilities not marked by utility or shown on customer provided as built drawings.
 Replacement of any existing electrical gear assumed currently in working order.
 Any Utility Required facilities upgrades or Interconnection fees, costs associated with service upgrades.

Assumptions:

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 Laydown yard adjacent to the workspace will be provided for construction use for the entirety of the project.
 City to provide a yard to store Connex boxes for PV materials.  Willdan has field-verified the existing integration points and validated their capacity to accept the newly proposed solar integration. Willdan assumes this gear is in proper functioning condition and meets existing code requirements.
 Foundation work above assumed 2000 psi soil bearing pressure and 14 ft Standard Depths.
 Work to be performed during standard business hours.
 Reuse of existing wheel stops.
 Parking lots where solar is to take place will be shut down to publ ic traffic. Willdan will facilitate this lot closure with temp construction fencing only.
 Willdan will not mobilize at all solar locations at the same time but will complete a single location and move over to the next.

(C) LED Lighting
 Title 24 compliance forms
 Lighting controls for daylight harvesting and to coordinate HVAC and plug load occupancy control.
 LED dimming controls.
 Any new electrical panels, circuits, or light switching  Concealed conditions.
 Theatrical lighting or stage lighting.
 Repairs to existing architectural conditions such as but not limited to:

Stained/cracked ceiling tile, VCT/carpet/ athletic flooring scuffs, cracks and discoloration, existing damage to doorways, door frames, base plates etc., existing damage to walls and ceilings in cluding existing discoloration.
 Repairs to existing light supports, verification of the structural integrity of existing hanging methods.
 Stadium or athletic lighting unless in scope
 Exit / Emergency signs
 Evaluation for egress deficiency
 Coordination of lighting with security systems.
 Low voltage wiring unless indicated otherwise.
 BACnet integration.

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 Fire alarm and communications integrations.
 Lighting control gateways, integration to building automation system or any work that requires City IT engagement.
 Any improper wiring of fixtures switches or circuits that pre-existed to the performance of this scope of work will be the customer’s responsibility.
 Cost for emergency power and battery backup ballasts above and beyond budgeted amount are not included and will be additional.  The cost for disposal of any ballast that contains PCBs.  Creating of reflected ceiling plans, electrical drawings or permitting.

ASSUMPTIONS and CLARIFICATIONS
 Lighting project will be completed as a maintenance project.  Installation will be performed on a modified second shift, unless otherwise noted.
 Refer to City of Fairfield Energy Project Phase 1 Investment Grade Audit Report Appendix G – LED Lighting for room schedule lighting audit summary.

(D) CUP Modifications
 New piping beyond the point of disconnect and reconnection within the CUP area.
 Performance testing of existing systems.
 Service, repair, refurbishment, warranty extension to existing equipment and materials.
 Any existing conditions of distribution piping.
 Prior code or construction violations.
 Pipe freezes, hot-taps, and line stops.
 Sterilization and or passivation of systems.
 Acoustical / vibrational testing.
 Pressure testing of existing systems.
 Relocation of existing MEP utilities.
 Metering of any MEP equipment or lines
 X-ray scanning.
 Concrete and grouting work (except for the chiller housekeeping pad).  Structural reinforcement and calculations.
 Site screen additions or modifications.

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 Fire protection, fireproofing, and fire watch.
 Temporary cooling or heating.

Assumptions and Clarifications
 Absorption chiller to be shipped in two pieces and assembled onsite.  Distribution piping will get a system flush with water only . Leaks in the distribution system, at any time before, during or after construction, are outside this scope of work.
 Assumes that all backup equipment (electrical chiller and boiler) is adequate for full loading during CUP room replacement.
 The building wi ll make arrangements for Willdan and their sub - contractors to have unlimited and unescorted site access to and from the work area, including exit and entry to the roof, and electrical control panel serving the equipment mentioned.

(E) HVAC Replacements
 Repair or replacement of existing HVAC equipment and components other than included in scope above.
 Temporary conditioning of occupied spaces is excluded unless mentioned in the scope. Existing HVAC equipment is intended to be kept in operation to provide conditioning of spaces where possible.  Relocation of City Hall Rooftop communications array. City will need to facilitate this and may require coordination with multiple vendors to temporarily move the critical infrastructure equipment.  Ongoing maintenance
 Prior code or construction violations.
 Upgrades to existing electrical or gas service
 Upgrades to existing electrical gear
 Any paint or epoxy coating of the Mechanical & Boiler room floors.  Site screen work and or modification.
 New piping beyond the point of any connection.
 After hours), weekend, Black-Friday, and holiday work.  Performance testing of existing systems.
 Service, repair, refurbishment, warranty extension to existing equipment and materials.
 Any existing conditions of distribution piping.
 Pipe freezes, hot-taps, and line stops.

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 Addition of chemicals, sterilization and or passivation of systems.  Duct pressure testing.
 Duct cleaning.
 Scaffolding.
 Acoustical / vibrational testing.
 Pressure testing of existing systems.
 Relocation of existing MEP utilities.
 Metering of any MEP equipment or lines
 X-ray scanning.
 Concrete and grouting work (except for the chiller housekeeping pad).  Structural reinforcement and calculations.
 Fire protection, fireproofing, and fire watch.
 Temporary cooling or heating
 Dust and noise control barriers
 Modifications to existing below roof lot ductwork
Assumptions and Clarifications
 City Hall rooftop unit will be redesigned for a single AHU with supply and return within the same unit cabinet.
 Mechanical HVAC units at the City Hall, the Transportation Center, the Aquatics Center, the Sports Complex and Rancho Solano will not receive full BAS controls integration immediately upon install but full integration will follow. HVAC units will run in a preset fashion until the full controls scope is completed.
 Assumed there will be staging areas for work to be performed.  Aquatics Center work to be performed on straight time as the dehumidifier is already down.
 All Electrical work is to be reused as possible. There are only three main areas where new electrical is anticipated: City Hall FC -3, FC-4, the Sports Center 2nd boiler/pump circuit and Aquatics Center AC-B1 conversion to HP style from gas.
 Existing piping is installed per code, in good working condition and ready to be used for the proposed project.
 Willdan assumes existing ductwork is in working condition and balanced properly. As this project will be swapping roof top units, Willdan will balance the units at the rooftop level only. No interior Testing, Adjusting, and Balancing (TAB) is included.
 Moving of furniture in City Hall is proposed and priced as an allowance and not as a lump sum.

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(F) Controls Integration
 IT infrastructure and IT support: Customer to provide IT support to assist in connection of controls remote access interface.

(G) Retro Commissioning (RCx)
 Replacement of identified non-functional equipment

(H) Roofing Replacements
 Any work not clearly defined above
 Removal or relocation of any special systems located on the roof  Repair or replacement of roofing assemblies other than included in scope above.
 Pre existing conditions including but not limited to structural damage or deficiencies, clogged drains, mold growth, excessive standing water, damaged or leaking skylights
 Removal or modifications of H VAC units, conduits, gas lines, water lines, electrical whether located above, below, or in the roof system, lightning protection systems, communication cable, communication devices, signal wire, weather stations, antennae, or other devices.  Amendments to pre-existing structural deficiencies except as stated above.
 Painting or priming
 Any metal roofing replacement.
 Any gutter, downspout, scupper or light gauge metal roofing  Membrane roofing repairs outside of flat roof mechanical area at Rancho Solano site (ie. roofing valleys)

(I) City Hall Acoustical Ceiling Tile
 Painting of any surfaces
 Wood blocking
 Insulation
 Wires for registers
 Any hard lid ceiling work (gypsum board ceilings)

(J) Irrigation Controls

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 Any work related to wiring or valves beyond meter and function testing.
 Flow System installation and repairs
 Installation or repair of flow sensing or monitoring systems. While Willdan will reconnect existing flow lines on the site, any new flow components or repairs are not included.
 Installation of new communication wire . Willdan will reconnect existing communication wire between controllers.
 Disposal fees of existing equipment. All existing equipment will be returned to the City of Fairfield to be used for parts and or disposed of.  Any pre-existing electrical issues must be addressed by others.  ProMax Remote Receivers: Willdan will reinstall existing ProMax remote receivers with the new controllers. However, this contract does not include the purchase or installation of new ProMax remote transmitters or receivers.
 Any grounding issues must be addressed by others or may be included as a change order.
 Overtime: This quote is based off of regular business hours M-F. It does not include working on weekends, or overtime.
 Any 120v electrical work. Willdan assumes there is an existing functional outlet at the existing controller location.

Assumptions and Clarifications
 All controllers will be installed and programmed with the correct time and day. The City of Fairfield will need to provide the necessary programming for irrigatio n i ncluding program days of week, start times, and time per station.
o Willdan and subcontractors will reprogram controllers with existing programs, following the provided schedule. DX2 controllers with Laguna Programming will be upgraded, and existing programming will be transferred to the new
controllers. If no programming is provided, a basic MWF 10 - minute schedule will be used. The City of Fairfield must provide programming 2 weeks before installatio n. If
programming is not provided, a basic schedule will be used.

Subsequent remobilizations due to not receiving proper
schedule input from the city are not included in this current price.
 Willdan and subcontractors are not responsible for the existing condition of the landscaping, including the health of plants, soil quality, or any other factors. Willdan is not responsible for future landscape conditions, regardless of whether the irrigation programming is provided by the City of Fairfield or set in bas ic mode. The City of Fairfield is responsible for maintaining the irrigation programming

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after installation and reviewing site conditions to ensure the programming remains appropriate.
 Electrical Requirements: This proposal assumes that all existing equipment has a 110V power supply.
 Grounding: This proposal assumes that existing grounding is in place, and Willdan will utilize it for the new controllers.
 Work is based off of regular business hours, Monday through Friday.

(b) Drawings & Specifications. The Scope of Work in Schedule A-5 supersedes any scope defined in the Drawings and Specifications or in the City of Fairfield Energy Project Investment Grade Audit Report Phase 1 . The Drawings and Specifications are provided to provide layout, quantities and general quality of equipment and materials to be incorporated in the Project. (c) Allowances.

Allowances.
(A) Customer’s Allowance: [$468,000]
The following client allowance has been included in the contract sum totaling $468,000. The allowance will be used to cover the costs for all labor, materials and equipment associated with the following work defined in this clause. The allowance will be used for the below identified costs. All changes orders against this allowance are subject to review, negotiation, and approval by the client prior to the work being performed. The customer will be responsible for any costs over the value of the allowance. I f there is a balance remaining after all scopes of work are completed, then the customer will receive the balance of the allowance, as a credit to the contract amount or can be used for additional scopes of work, per written direction from the customer. Th e value of the allowance will be reconciled after the scopes of work are completed.

Site Work Amount
City Hall
City Hall Furniture Movement Allowance
$360,000
Art Koch Range &
Training Facility, Council
Chambers RCx repair budget $22,000
Rancho Solano Clubhouse Roof penetrations for future work $6,000 City Parks GIS Mapping of Irrigation Controls $50,000
Rancho Solano
Clubhouse, Allan Witt
Aquatics Center Fire alarm panel password recovery $30,000

Schedule A-6.

(a) Supplementary and other Conditions of the Contract. (b) Deviations from the Program Requirements as identified in Schedule A-3:

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Schedule A-7. WES’S PERSONNEL, CONTRACTORS AND SUPPLIERS (a) WES’s key personnel are identified below:

Superintendent. – Abe Eustice
Project Manager(s). – Willie Wright
Others. – TBD
Schedule A-8. TIME.
(a) Construction and installation of energy-saving and/or energy-generating equipment (“Equipment”) by WES shall proceed throughout the Construction Period described in the detailed schedule of construction, which will be submitted to Customer following commencement of the Construction Phase.

This schedule will be updated throughout construction to reflect ongoing progress on the Project. (b) Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays beyond the control of WES shall not count toward the Construction Period. The completion dates will be modified by Change Order for these events.

Schedule A-9. Systems Startup and Equipment Commissioning . WES shall conduct a thorough and systematic performance test of each element and total system of the installed Equipment in accordance with the procedures specified in Schedule C-1, and prior to acceptance of the Project or any portion thereof by Customer. WES shall provide notice to the Customer of the scheduled test(s) and the Customer and/or its designees shall have the right to be present at any or all such tests conducted by WES and/or manufacturers of the Equipment. WES shall be responsible for correcting and/or adjusting all deficiencies in systems and Equipment operations that may be observed during system commissioning procedures.

Schedule A-10. EQUIPMENT WARRANTIES.

EXCEPT FOR THE WARRANTIES PROVIDED I N THIS Schedule A -10, WES MAKES NO

WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT,

WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERT Y INFRINGEMENT. CUSTOMER WILL

HAVE NO REMEDIES AGAINST EITHER WES OR ANY WES SUBCONTRACTOR OR VENDOR

FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR

OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW.
(a) WES covenants and agrees that all material and Equipment installed as part of this Contract will be new, in good and proper working condition and protected by appropriate written warranties covering the performance of parts and Equipment, which will be transferred to Customer upon Substantial Completion. WES further warrants that its workmanship provided hereunder, including its Subcontractors’ workmanship, will be free of material defects for a period of one (1) year from the date of Substa ntial Completion as indicated on the executed Certificate of Substantial Completion (“WES Warranty”).

Notwithstanding the preceding sentence, the date the WES Warranty commences with respect to a specific piece or pieces of Equipment may be further defined in Schedule 1-B. (b) Equipment and material warranties that exceed the WES Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to Customer, after the one (1) year period. Durin g the WES Warranty period, WES will be Customer’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. If any material defects are discovered within the WES Warranty period, WES, or WES’s su bcontractors, will correct its defects, and/or WES will work with the equipment or material manufacturer as Customer’s agent to facilitate the manufacturer’s correction of the equipment or material

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defect. Such warranty services will be performed in a time ly manner and at the reasonable convenience of Customer. If a warranty issue arises on any equipment or material installed after the WES Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, Customer will contact t he manufacturer directly to resolve such warranty issues and Customer acknowledges that the manufacturer will have sole responsibility for such issues.
(c) The warranties in this Schedule A-10 expressly exclude any remedy for damage or defect caused by improper or inadequate maintenance of the installed equipment by service providers other than WES or its subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized WES subcontractor, improper use or operation, or normal wear and tear under normal usage. WES shall not be responsible for the cost of correcting a breach of warranty or defect to the extent that the manufacturer of the equipment that is the subject of a warranty hereunder does not honor its equipment warranty as a result of its termination of operations, insolvency, liquidation, bankruptcy or similar occurrence. Unless otherwise specified, all warranties hereunder, including without limitation those for defects, whether latent or patent, in design, engineering, or construction, will terminate one (1) year from the date of Substantial Completion; and thereafter, WES will have no liability for breach of any warranty or for any latent or patent defect of any kind pursuant to California Code of Civil Procedure §§337.1 and 337.15. (d) Customer and WES have discussed the risks and rewards associated with this Project, as well as the Contract Sum to be paid to WES for performance of the Work. C ustomer and WES agree to allocate certain of the risks so that, to the fullest extent permitted by applicable law, WES’s total aggregate liability to Customer and all third parties is limited to the Contract Sum for any and all injuries, damages, claims, losses, expenses, or claim expenses (including attorney’s fees) arising out of this Contract from any cause or causes. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Schedule A-11. TRAINING BY WES.
(a) WES shall conduct the training program described in Schedule C-3 hereto. Such training must be completed prior to acceptance of the Equipment installation. WES shall provide ongoing training whenever requested by Customer with respect to updated or altered Equipment, including upgraded software. Such training shall be provided at no charge to the Customer.

Schedule A-12. PERMITS AND APPROVALS; COORDINATION
(a) Permits and Approvals. The Equipment and the operation of the Equipment by WES shall at all times conform to all applicable federal, state and local code requirements. Customer shall cooperate fully with WES in obtaining all necessary permits and approvals for installation of the Equipment.

WES is responsible for obtaining and paying for all permits, except those permits to be issued by Customer itself. Customer will be responsible for obtaining and paying for annual operating permits and any approvals or exemptions required by CEQA. WES shall furnish copies of each permit or license which is required to perform the Work to the Customer before WES commences the portion of the Work requiring such permit or license. Customer is responsible for hiring and paying inspectors, and for fees associated with plan checks (including expedited plan checks), inspections, certifications, and utility interconnection(s), including any additional Work that may be required by the electric utilities as part of interconnection. (b) Coordination During Installation . The Customer and WES shall coordinate the activities of WES’s Equipment installers with those of the Customer, its employees, and agents. WES shall not commit or permit any act which will unreasonably interfere with the performance of business activities conducted by the Customer or its employees without prior written approval of the Customer.

Schedule A-13. LOCATION AND ACCESS
(a) Customer shall provide sufficient space on the Premises for th e installation and operation of the Equipment and shall take reasonable steps to protect such Equipment from harm, theft and

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misuse. Customer shall provide access to the Premises for WES to perform any function related to this Contract during regular busin ess hours, or such other reasonable hours as may be requested by WES and reasonably acceptable to the Customer. WES’s access to Premises to make emergency repairs or corrections as it may determine are needed shall not be unreasonably restricted by the Customer.

Schedule A-14. EQUIPMENT SERVICE
(a) Actions by WES . WES shall provide all service, repairs, and adjustments to the Equipment installed under terms of this Contract pursuant to Schedule C-5. Customer shall incur no cost for Equipment service, repairs, and adjustments, except as set forth in the Compensation Schedule, provided, however, that if WES determines that the need for mai ntenance or repairs principally arises due to the negligence or willful misconduct of the Customer or any employee or other agent of Customer, WES may charge Customer for the actual cost of the maintenance or repair insofar as such cost is not covered by a ny warranty or insurance proceeds.
(b) Malfunctions and Emergencies. Customer shall use its best efforts to notify WES or its designee(s) within twenty-four (24) hours after the Customer’s actual knowledge of the occurrence of:
(i) any malfunction in the operation of the Equipment or any preexisting energy-related equipment that might materially impact upon any energy savings guaranteed by WES , (ii) any interruption or alteration to the energy supply to the Premises, or (iii) any alteration or modification in any energy-related Equipment or its operation.
(c) Where Customer exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration it shall be deemed not at fault in failing to correctly identify such conditions as h aving a material impact upon the guaranteed energy savings. Customer shall notify WES within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. WES or its designee(s) shall respond within twenty -four (24) hours to promptly proceed with corrective measures. Any telephonic notice of such conditions by Customer shall be followed within three (3) business days by written notice to WES from Customer. If Customer unreasonably delays in so notifying WES of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, such conditions will be treated as a Material Change (as defined herein) and the applicable provisions of Schedule 2-B shall be applied.
(d) Actions by Customer. Customer shall not move, remove, modify, alter, or change in any way the Equipment or any part thereof without the prior written approval of WES except as set forth in Schedule C -6. Notwithstanding the foregoing, Customer may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible or reasonable to notify WES before taking any such actions. In the event of such an emergency, Customer shall take reas onable steps to protect the Equipment from damage or injury and shall follow instructions for emergency action provided in advance by WES.

Customer agrees to maintain the Premises in good repair and to protect and preserve all portions thereof , which may in any way affect the operation or maintenance of the Equipment.

Schedule A-15. OWNERSHIP
(a) Ownership of Existing Equipment . Ownership of the equipment and materials presently existing at the Premises at the time of execution of this Contract shall remain the property of t he Customer even if they are replaced or their operation made unnecessary by Work performed by WES pursuant to this Contract. If applicable, WES shall advise the Customer in writing of all equipment and materials to be replaced at the Premises and the Customer shall within thirty (30) days designate in writing to WES which equipment and materials (other than Hazardous Substances (as defined herein), which will be the responsibility of Customer) should not be disposed of off -site by WES. It is understood and agreed by both Parties that the Customer shall be responsible for and designate the location and storage for any equipment and materials that should not be disposed of off -site. WES shall be responsible for the disposal of all equipment and materials (other than Hazardous Substances) designated by the Customer as disposable

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off-site in accordance with all applicable laws and regulations regarding such disposal. WES will not be responsible for the removal and/or disposal of any Hazardous Substances except a s specified in the Scope of Work.
(b) New Equipment. All new Equipment or materials supplied to the Customer shall become the property of the Customer upon installation and payment therefor. WES shall grant to the Customer a perpetual, irrevocable royalty -free license for any WES software or other WES intellectual property rights necessary for the Customer to continue to operate, maintain, and repair the Equipment in a manner that will yield maximal energy consumption reductions.

Schedule A-16. GUARANTEE PHASE SERVICES
(a) Facility Personnel Assistance.

WES’s commissioning group will assist Customer personnel in achieving the most efficient operation of Customer ’s facility. The commissioning group will remotely monitor the facility and will help identify potential problems [with the HVAC] as well as work with the facility staff to enhance and implement energy conservation programs.

Customer will be responsible for the maintenance of all energy systems, including lighting, mechanical, electrical, and building automation control systems per Schedule C-6. (b) Savings Tracking and Reporting.

WES will be responsible for the monthly tracking and monitoring of the Project and will provide ongoing assistance to Customer’s staff.

WES will provide a quarterly savings report. This report will detail current monthly savings, year to date savings, and guaranteed savings. This report will also show the actual savings in units of energy.
(c) Utility Rate Negotiation.

If, during the term of this Contract, deregulation of the electric and gas utilities should occur, WES shall have the right to negotiate on behalf of the Customer, in whole or in part, other utility services beyond the current providers of tho se services. WES will represent the Customer as long as the services being negotiated are cost competitive for the Customer. WES will seek the most cost competitive providers of those services who can provide equal or better-quality service. In the event that the Customer is able to locate a more cost competitive provider, with equal quality, WES will agree to use that provider. The purpose of this paragraph is to minimize utility costs for the Customer.
(d) Cancellation.

Customer may cancel the Guarantee Phase services on any anniversary of the commencement of Guarantee Services, or at the end of Customer’s fiscal year. If Customer cancels these services, WES reserves the right to cancel the Energy Savings Guarantee as outlined in Exhibit 2 .

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SCHEDULE B

COMPENSATION TO WES
This compensation schedule (“Compensation Schedule”) is attached to, and forms an integral part of, the Energy Savings Performance Contract (together with its Schedules and Exhibits, the “ Contract”) between Willdan Energy Solutions (“WES”) and Customer. Capitalized terms used and not defined in this Compensation Schedule have the meanings given to them in the Contract.

The Customer shall compensate and make payments to WES for the Construction Phase services and Guarantee Phase services as follows:

Schedule B-1. CONSTRUCTION PHASE
(a) For WES’s performance of the Construction, the Customer shall pay WES the Construction Phase Contract Sum of $29,998,064 in current funds for WES’s performance of the Contract.

Schedule B-2. GUARANTEE PHASE
(a) For WES’s performance of any Energy Savings Guarantee, the Customer shall pay WES in current funds for WES ’s performance of the applicable Guarantee Phase services following Final Completion of the corresponding portion of the Project, and issue to WES the “Certificate of Acceptance - Final Completion” as defined in Schedule 1-C for such portion of the Project. The Guarantee Phase Contract Sum shall be identified in the corresponding Energy Savings Guarantee.

Schedule B-3. PAYMENT PROCEDURES
(a) Construction Phase Payments.
(1) Project Mobilization. The initial Application for Payment shall include all remaining pre -construction-phase services amounts as well as ten percent (10%) of the remaining total compensation to allow for mobilization of WES and subcontractors. (2) Progress Payments. WES shall provide a monthly Application for Payment to Customer for work completed during the previous month. The Customer shall make payment in the manner and within the time provided in Section 4.3 of the Contract . Until a specific Scope of Work is complete, as identified as a line item in the Schedule of Values, Customer will pay one hundred percent (100%) of the amount due to WES on account of progress payments. WES shall provide a Retainage Bond that represents ten percent (10%) of the total Contract value. (3) Schedule of Values. WES will prepare and submit a complete schedule of values along with the initial Application for Payment. Portions of the Scope of Work listed as line items in the Schedule of Values will be treated as individual Scopes of Work for the purposes of Progress Payments, Substantial Completion, Final Completion, and withholding of retention amounts. (4) Substantial Completion. Substantial Completion is the stage in the progress of the Scope of Work when the Scope of Work or designated portion thereof is sufficiently complete in accordance with the ESPC Documents so that the Customer can utilize the Work for its beneficial use.

When WES considers that an individual Scope of Work is Substantially Complete, WES shall prepare and submit to the Customer a comprehensive list of items to be completed or corrected prior to final payment (the “Punch List”). Upon receipt of WES’s Punch List, the Customer shall, within 14(14) days, inspect the Work to determine whether the Work or designa ted portion thereof is Substantially Complete. If the Customer’s inspection discloses any item, whether or not included on the Punch List, which is not sufficiently complete in accordance with the ESPC Documents so that the Customer can utilize the Work or designated portion thereof for its intended use, WES shall, before issuance of the Certificate of Acceptance - Final Completion, complete or correct such item

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upon notification by the Customer. In such case, WES shall then submit a request for another inspection by the Customer to determine Substantial Completion.

When the Work or designated portion thereof is Substantially Complete, WES will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Customer and WES for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which WES shall finish all items on the Punch L ist accompanying the Certificate. Warranties require d by the ESPC Documents shall commence on the date of Substantial Completion of the Scope of Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submi tted to the Customer for their written acceptance of responsibilities assigned to them in such Certificate.
(5) Substantial Completion Payment . Upon Substantial Completion acceptance, the Customer shall make payment of retainage applying to such Work or design ated portion thereof within the time provided in Section 4.3 of the Contract. Such payment shall be reasonably adjusted to reflect the dollar value of Work that is incomplete or not in accordance with the requirements of the ESPC Documents.
(6) Final Completion and Payment. After WES’s completion of all Punch List items, closeout requirements, and upon receipt of written notice that the Work or designated portion thereof is ready for final inspection and acceptance and upon receipt of a Final Application for Payment, the Customer will make such inspection within seven (7) days and, when the Customer finds the Work acceptable under the ESPC Documents and the Contract fully performed, the Customer will execute and issue the Certificate of Acceptance within two (2) days from the final inspection and pay the entire balance found to be due to WES as stated in the Final Application for Payment within the time provided in Section

4.3 of the Contract.
(b) Guarantee Phase Payments.
(1) WES shall provide annual Applications for Payment to Customer for Guarantee Phase services to be completed in the subsequent year. The Customer shall make payment in the manner and within the time provided in Section 4.3 of the Contract. (c) Failure of Payment. If the Customer does not pay WES within five (5) days after the date established in Section 4.3 of the Contract , then WES may, upon written notice to the Customer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of WES’s reasonable costs of shut - down, delay and start-up, plus interest.

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SCHEDULE C

ADDITIONAL RESPONSIBILITIES
Schedule C-1. System Start-up & Commissioning. WES will perform start-up and commissioning services for all equipment installed.

Schedule C-2. Operating parameters of installed equipment . WES will provide operating parameters in the Operation and Maintenance Manuals. These manuals will be provided to Customer prior to Final Completion of the corresponding Scope of Work.

Schedule C-3. Training Requirements. WES will provide 8 hours of dedicated training prior to Final Completion of the corresponding Scope of Work to ensure proper understanding of installed systems.

Additional training will be provided at no additional cost until Final Completion of the corresponding Scope of Work as deemed necessary by Customer and WES.

Schedule C-4. Standards of Comfort.
(a) Customer will maintain the following standards of comfort, which were used to evaluate the energy conservation measures for the corresponding Scope of Work. Significant deviation from these standards will represent a change in operation that must be accounted for, in accordance with Exhibit 2-4, in order to accurately verify the Energy Savings Guarantee. (b) Occupied temperature set points: 70°F or below in heating and 74°F or above in cooling.
(c) Unoccupied temperature set points: 65°F in heating and 85°F or above in cooling.

Schedule C-5. WES Maintenance Responsibilities. WES is not responsible for performance of any maintenance of equipment on the Premises.

Schedule C-6. Customer Maintenance Responsibilities . Customer is required to perform all necessary maintenance as recommended by the manufacturer in the Operation and Maintenance manuals (to be provided upon Final Completion of the corresponding Scope of Work) for equipment installed as part of this Contract, as well as all additional equipment that will continue to operate in Customer facilities.

Schedule C-7. Facility Maintenance Checklist . WES shall provide Customer with a complete facility maintenance checklist prior to the Acceptance of Final Completion of the corresponding Scope of Work.

Schedule C-8. Customer Information Technology Responsibilities. (a) Customer is responsible for providing a working WAN infrastructure connecting multiple buildings and configuring it for connecting new internet-based building control system, accessible via standard web-browser from inside and outside the Customer’s network. (b) Customer is responsible for providing network connection(s) (cables and switches), open ports and IP addresses for connection of building control system’s web server to Customer’s network for internet accessibility.
(c) Customer shall engage their IT representative familiar with the Customer’s network to work with WES and its subcontractors to establish IP addresses and communications to assure proper operation of the building control system with the Customer’s wide area network.

Schedule C-9. Differing Site Conditions . The conditions at the site are the responsibility of the Customer regardless of whether or not they could be identified by an investigation or exploration conducted according to the professional standard of care. A “Differing Site Condition” is a subsurface, hidden, latent, or physical condition at a Project site/building not revealed by the site exploration, site investigation, or other

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information provided by the Customer and which cannot be reasonably anticipated. Special risks occur whenever engineering is applied to identifying site/building conditions. Even a comprehensive investigation, according to the professional standard of care, may not detect all subsurface or site/building conditions. WES shall not be liable for site/building conditions that could not be identified by such an investigation or exploration. Accordingly, the Customer agrees to indemnify, including all costs and fees, and hold WES harmless from all claims for Differing Site Conditions.

Schedule C-10. Hazardous Substances.
(a) WES contemplates that it will not encounter any Hazardous Substances at the Premises, except as has been disclosed as a pre-existing condition by Customer. However, any disclosure of Hazardous Substances that will affect the performance of the Work will constitute a valid basis for a Change Order.
(b) “Hazardous Substances ” means (i) any hazardous, toxic, or dangerous wastes, substances, chemicals, constituents, contaminants, pollutants, and materials and any other carcinogenic, liquids, corrosive, ignitable, radioactive, reactive, toxic, or otherwise hazardous substances or mixtures (whether solids, liquids, gases) now or at any time subject to regulation, control, remediation, or otherwise addressed under Applicable Laws; (ii) any “hazardous substance” as defined by the Resource, Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), as amended, and regulations promulgated thereunder; (iii) any “hazardous, toxic or dangerous waste, substance or material” specifically defined as such in 42 U.S.C. §9601 et seq., as amended and regulations promulgated thereunder; and (iv) any hazardous, toxic or dangerous waste, substance, or material as defined in any so-called “superfund” or “superlien” law.

Schedule C-11. Trenching. Pursuant to California Labor Code §6705, if the Work is a public work involving an estimated expenditure in excess of $25,000 and includes the excavation of any trench or trenches five (5) feet or more in depth, WES will, in advance of excavation, submit to Customer and/or a registered civil or structural engineer, employed by Customer, to whom authority to accept has been delegated, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, which provisions will be no less effective than the current and applicable CAL-OSHA Construction Safety Orders. No excavation of such trench or trenches may be commenced u ntil this detailed plan has been accepted by Customer or by the person to whom authority to accept has been delegated by Customer.

Pursuant to California Labor Code §6705, nothing in this Schedule C-11 imposes tort liability on Customer or any of its employees.

Schedule C-12. Subsurface Conditions. Pursuant to California Public Contract Code §7104, if the Work is a public work involving digging trenches or other excavations that extend deeper than four (4) feet below the surface of the ground:
(a) WES will promptly, and before the following conditions are disturbed, notify Customer, in writing, of any:
(1) Material that WES believes may be material that is hazardous waste, as defined in California Health and Safety Code §25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to WES; (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
(b) Customer will promptly investigate the conditions and, if it finds that the conditions do materially so differ or do involve hazardous waste, and cause a decrease or increase in WES’s cost of, or

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the time required for, performance of any part of the Work will issue a Change Order under the procedures described in this Contract.
(c) If a dispute arises between Customer and WES, whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in WES’s cost of, or time r equired for, performance of any part of the Work, WES will not be excused from any scheduled completion date provided for by this Contract but will proceed with all Work to be performed under this Contract. WES will retain any and all rights provided eithe r by contract or by law which pertain to the resolution of disputes and protests between the Parties.

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SCHEDULE 1-A

CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Project Number:

From: WES To (Customer): [CUSTOMER NAME]
[WES Address] [Customer Address]
[WES Address] [Customer Address]

PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE:

Scope of Work A {Identify the Work, or portion thereof per the schedule of values, that is Substantially Complete}
The Work performed under this Contract has been reviewed and found, to the best of the Customer ’s knowledge, information, and belief, to be Substantially Complete. Substantial Completion is the stage in the progress of the Work when the Work or designated port ion is sufficiently complete in accordance with the ESPC Documents so that the Customer can occupy or utilize the work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the ESPC Documents, except as stated below:
{Identify warranties that do not commence on the date of Substantial Completion, if any, and indicate their date of commencement}
Warranty Date of
Commencement
Equipment A, if any

CUSTOMER’S

REPRESENTATIVE
BY (Signature) DATE OF ISSUANCE
A list of items to be completed or corrected is attached hereto. The failure to include any items on such a list does not alter the responsibility of WES to complete all Work in accordance with the ESPC Documents.

Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment.

The estimated cost of work that is incomplete or
defective:
$ 0.00

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WES will complete or correct the Work on the list of items attached hereto within [___] days from the above date of Substantial Completion:

WES BY (Signature) DATE
The Customer accepts the Work or designated portion as Substantially Complete and will assume full possession thereof on the above date of Substantial Completion. Customer assumes responsibility for security, maintenance, heat, utilities, damage to the Work and insurance.

CUSTOMER BY (Signature) DATE

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SCHEDULE 1-B
CERTIFICATE OF ACCEPTANCE – FINAL COMPLETION
This is to certify that a final inspection of the Scope of Work has been conducted jointly by WES and [CUSTOMER NAME], and that the Parties have determined that the applicable Scope of Work has been fully completed in accordance with the ESPC Documents. All guarantees and warranties that have not commenced previously shall commence as of the date of completion below.

Customer accepts the applicable Scope of Work as being fully completed and assumes all responsibility for the corresponding Premises. Customer will promptly record a notice of completion or notice of acceptance in the office of the county recorder in accordance with California Civil Code §9204. WES remains responsible for correcting errors and omissions discovered subsequent to the execution of this document and to respond to claims made under applicable warranties.

WES CUSTOMER

Signed Signed
Name Name
Title Title

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EXHIBIT 2
FORM OF ENERGY SAVINGS GUARANTEE1
Exhibit 2-1. GUARANTEE PHASE CONTRACT SUM
(a) Customer shall pay WES annual payments for Guarantee Phase services for the corresponding Scope of Work in the amounts listed below, subject to Schedule B and any other applicable terms of this Energy Savings Guarantee:

Year One through Three: $0.00 (included in Construction Phase Contract Sum) Year Four and Beyond: TBD.
(b) Customer may cancel the applicable Guarantee Phase services on any anniversary of the commencement of such Guarantee Services, or at the end of Customer ’s fiscal year. If Customer cancels these services, WES reserves the right to cancel the corresponding Energy Savings Guarantee as outlined in this Exhibit 2.

Exhibit 2-2. CUSTOMER’S COMPLIANCE WITH FACILITIES MAINTENANCE CHECKLIST (a) The Parties acknowledge and agree that WES has entered into this Contract in reliance upon the prospect of earning compensation, as set forth on Exhibit B and Exhibit 2-1. (b) The Parties further acknowledge and agree that any guaranteed energy savings would not likely be obtained unless certain procedures and methods of operation designed for energy savings conservation shall be implemented and followed by Customer on a regular and continuous basis. (c) Customer agrees that it shall adhere to, follow and implement the energy conservation procedures and methods of operation to be set forth in Schedule C-6. (d) Customer agrees that WES shall have the right once a month, with prior notice, to inspect the Premises to determine if Customer is complying, and has complied, with its obligations as set forth above in Exhibit 2-2(c). For the purpose of determining Customer’s compliance, the checklist to be set forth on Schedule C-7, as completed and recorded by WES during its monthly inspections, shall be used to measure and record Customer’s compliance. Customer shall make the Premises available to WES for and during each monthly inspection and shall have the right to witness each inspection and the recordations on the checklist.

Exhibit 2-3. UPGRADING OR ALTERING CUSTOMER’S EQUIPMENT (a) Subject to Customer ’s prior written approval, which shall not be unreasonably withheld, WES shall at all times have the right (but not the obligation) to change the Equipment, revise any procedures for the operation of the Equipment or implement other energy saving actions for the Premises, provided that:
(1) WES complies with the standards of comfort and services set forth in Schedule C- 4;
(2) such modifications or additions to, or replacement of, the Equipment, and any operational changes or new procedures, are necessary to enable WES to achieve the energy savings for the Premises; and

1 NTD: Use only for savings guarantees for a building or facility.

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(3) any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of WES. (b) All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental Schedule(s) to be provided to the Customer for approval, which shall not be un reasonably withheld, provided that any replacement of the Equipment shall be new and have equal or better potential to reduce energy consumption for the Premises than the Equipment being replaced. WES shall update any and all software to be used in connection with the Equipment in accordance with the provisions of Section 10.1 . All replacements of and alterations or additions to the Equipment shall become part of the Equipment described in the Scope of Work.

Exhibit 2-4. MATERIAL CHANGES
(a) Material Changes Defined. A Material Change shall include any change in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the reasonable judgment of WES, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in Schedule 2 -B, by at least 0.5% after adjustments for climatic variations. Actions by the Customer which may result in Material Change include but are not limited to the following:
(1) manner of use of Premises by the Customer; or
(2) hours of operation for the Premises or f or any equipment or energy-[ and water- ]using systems operating at the Premises; or
(3) permanent changes in the comfort and service parameters set forth in Schedule C- 3; or
(4) occupancy of the Premises; or
(5) structure of the Premises; or
(6) types and quantity of equipment used at the Premises; or (7) modification, renovation or construction at the Premises; or (8) the Customer’s failure to provide maintenance of or repairs to the Equipment in accordance with Schedule C-6; or
(9) any other conditions, other than climate, affecting energy use at the Premises. (b) Reported Material Changes; Notice by C ustomer. The Customer shall use its best efforts to deliver to WES a written notice describing all actual or proposed Material Changes in the Premises or in the operation of the Premises at least thirty (30) days before any actual or proposed Material Change is implemented or as soon as is practicable after an emergency or unplanned event. Notice to WES of Material Changes caused by a bona fide emergency or other situation which precludes advance notification shall be deemed sufficient if given by the Custo mer within thirty (30) hours after having actual knowledge that the event constituting the Material Change occurred or was discovered by the Customer to have occurred. (c) Unreported Material Change. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule 2-A should not change more than two percent (2%) during any month from the projected energy use for that month, after adjustments for changes in climate conditions. Therefore, if energy consumption for any month as set forth in Schedule 2-A deviates by more than two percent (2%) from the energy consumption of the same month of the preceding year after adjustments for changes to climatic conditions, then such deviation shall be tim ely reviewed by WES to ascertain the cause of deviation. WES shall report its findings to the Customer in a timely manner and WES shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule 2-B.

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Exhibit 2-5. GUARANTEED ENERGY SAVINGS
(a) WES guarantees t he Customer will realize the total annual savings and/or production shown in the following table the 3-year Guarantee Term.

Performance
Year
Guaranteed
Savings /
Production
(kWh)
Guaranteed
Savings /
Production
(therms)
Year 1

2,719,798 15,279
Year 2

2,711,228 15,279
Year 3

2,702,701 15,279
Subsections (1) through (4) below describes the breakdown of energy savings or production by the individual Measurement &Verification (M&V) approach:
(1) The City and WES agree that stipulated savings of 587,011 kWh and 15,279 therms for the CUP Modifications, HVAC replacements, Controls Integration, Retro-commissioning, Roof replacement, and Irrigation Controls facility improv ement measures. No further tracking of these savings shall take place.
(2) International Performance Measurement and Verification Protocol Option A – Partially Measured Retrofit Isolation will be utilized to verify Energy Savings of 418,774 kWh within the facilities for the LED retrofit measure . This guarantee comprises 95% of the total estimated savings from the lighting retrofit measure. Energy consumption in Customer’s Premises following the completion of the Scope of Work will be compared to baseline energy consumption in Customer’s Premises as described in Schedule 2-B.
(3) International Performance Measurement and Verification Protocol Option B – Fully Measured Retrofit Isolation will be utilized to verify the annual electric production of shown in the following table. This guarantee comprises 90% of the total estimated generation from the PV measure, as well as a 2.0% degradation rate for the module’s first year. The guaranteed savings for subsequent years will be derated by 0.5% annually to account for normal degradation of the PV system.

Performance
Year
Guaranteed
Production
(kWh)
Year 1 1,714,013
Year 2 1,705,443
Year 3 1,696,916
(4) Customer and WES agree that annual maintenance savings of $109,385 is achieved as guaranteed. No further tracking or monitoring of this savings shall take place Exhibit 2-6. Savings Reporting and Reconciliation. No more than eighteen (18) months following Final Completion, WES shall provide to Customer a savings report identifying the Actual energy savings achieved

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during the installation period as well as a period of twelve ( 12) consecutive months during this period following Final Completion. The total Actual energy savings and Energy Savings Guarantee are defined as:
(a) Actual Energy Savings = Construction Period Savings + Performance Period Savings x Guarantee Term
Where: Performance Period savings is savings from a period of twelve (12) consecutive months during the period following Final Completion
(b) Energy Savings Guarantee = Annual Guarantee Amount x Guarantee Term (c) In the event that the Actual Energy Savings is in excess of the energy Savings Guarantee, the energy Savings Guarantee shall be deemed satisfied. No further tracking shall be conducted by WES, nor shall any additional services be performed. (d) In the event that Actual energy savings falls short of the Energy Savings Guarantee, WES shall reimburse Customer for the full amount of the difference between the Actual Energy and the Energy Savings Guarantee, as described in Schedule 2-B, for the consecutive 12-month period identified. In addition, WES shall, at its discretion, perform one of the following actions:
(1) Reimburse Customer for all remaining 12 -month periods remaining in the Guarantee Term. T he reimbursement for the remaining 12 -month periods in the Guarantee Term will use an annual five percent (5%) discount rate to account for the present value of the funds being reimbursed.
(2) Continue to track savings for the 12 months immediately following the previous 12- month guarantee period. At the conclusion of this 12 -month term Guarantee Term, WES shall provide to Customer a savings report identifying the Actual Energy Savings achieved during the Term.
(A) In the event that the most recent Actual Energy Savings is in excess of the Energy Savings Guarantee, the Energy Savings Guarantee shall be deemed satisfied. No further tracking shall be conducted by WES, nor shall any additional services be performed. (B) In the event that additional savings above guarante e are achieved in any year during the guarantee period, these savings can be used to offset shortfalls in savings in other years. If WES has written a savings shortfall check to the C ustomer, and later Total Dollar Savings exceed the annual guarantee amoun t, Customer will reimburse WES up to the amount of WES’s shortfall check, to the extent that the shortfall is made up by savings in excess of the guarantee.
(C) In the event that the most recent Actual Energy Savings falls short of the Energy Savings Guarantee, WES shall reimburse Customer for the full amount of the difference between the Actual Energy and the Energy Savings Guarantee for the consecutive 12-month period identified. In addition, WES shall, at its discretion, perform one of the actions described in Exhibit 2-6(d)(1) or Exhibit 2-6(d)(2) above.

Exhibit 2-7. Utility Rates Used to Calculate Savings. The utility rates listed in the table s below will be used to determine:
(a) The amount of dollar savings achieved each year for purposes of measuring the program’s performance relative to the Energy Savings Guarantee and (b) The dollar amount that WES shall compensate the Customer in the event that there is an Energy shortfall

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Table 1: Blended Rates for Non-Solar PV FIMs
Building Name Address Baseline Blended Elec
Cost / kWh ($)
Baseline Blended Gas Cost
/ therm ($)
Art Koch Range and
Training Facility 1717 Rex Clift Lane $0.340 $1.819
Allan Witt Aquatics
Complex 1741 W. Texas St. $0.288 $1.810
Allan Witt Sports Center 1741 W. Texas St. $0.347 $1.704 Central Utility Plant 1000 Webster Street $0.185 $1.750 City Hall 1000 Webster Street $0.185 $1.750
Community Center 1000 Webster Street $0.185 $1.750
Corporation Yard Admin.

Bldg. 420 Gregory Lane $0.339 $2.023
Council Chambers 1000 Webster Street $0.185 $1.750
Fairfield Cordelia Library 5050 Business Center Dr $0.331 $1.859 Fire Station No. 38
(Union Ave.) 1633 Union Ave. $0.328 $2.103
Fire Station No. 40
(Hilborn Rd.) 2555 Hillborn Rd. $0.378 $2.144
Fire Station No. 41 (N.

Texas St.) 3200 N Texas St. $0.379 $2.045
Paradise Valley
Clubhouse 3950 Paradise Valley Dr. $0.651 $2.164
Police Department 1000 Webster Street $0.185 $1.750
Rancho Solano
Clubhouse 3250 Rancho Solano Pkwy. $0.282 $2.380
Transportation Center 2000 Cadenasso Dr $0.279 $1.866
Fire Station No. 35 (Lopes
Rd.) 600 Lopez Road $0.394 $1.980
Fire Station No. 37
(Kentucky St.) 1200 Kentucky Street $0.185 $2.031
Downtown Theater 1035 Texas Street $0.314 $4.427
Adult Recreation Center 1200 Civic Center Dr. /
Harry Price Dr. $0.185 $1.763
Willow Hall 1000 Webster Street $0.185 $1.750
Fleet Maintenance
Building 420 Gregory Lane $0.242 $2.072

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Table 2: Blended rates used for Solar PV based on Energy Tool Base modeling software:

Building Name Address Baseline Blended Elec
Cost / kWh ($)
Allan Witt Aquatics
Complex 1741 W. Texas St. $0.227
Allan Witt Sports Center 1741 W. Texas St. $0.372
Corporation Yard Admin.

Bldg. 420 Gregory Lane $0.259
Fairfield Cordelia Library 5050 Business Center Dr $0.270 Fire Station No. 41 (N.

Texas St.) 3200 N Texas St. $0.415
Police Department 1000 Webster Street $0.258
Transportation Center 2000 Cadenasso Dr $0.195
Notes: Year zero rate adjusted for current year’s CPI for all utility rates

Exhibit 2-8. Requirements of Customer: To facilitate successful achievement of the Energy Guarantee, Customer agrees to:
(a) Provide utility data for the meters listed in Schedule 2-A to WES within thirty (30) days of receiving such information from utility providers. Failure to provide data within this timeframe shall void the Energy Savings Guarantee.
(b) Provide WES access to all buildings covered under the Guarantee; all temperature control and energy management systems which control part or all of the buildings covered under the Guarantee; personnel with responsibility for operating and/or managing any of the above buildings; and construction documents, equipment inventories, and other documents that may be helpful in evaluating a cause for adjustment.

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SCHEDULE 2-A

BASELINE ENERGY CONSUMPTION
An accurate measurement of Baseline is necessary to facilitate accurate measurement and verification of the Energy Savings Guarantee. Baseline conditions generally include physical, operational, and energy and water use data on the facility and systems. This Schedule identifies baseline performance and operating factors that infl uence energy consumption, and how their values will be determined through observations and measurements. The Schedule also demonstrates the calculated Baseline for the Customer’s Premises.

This Baseline shall be used to determine whether Actual Energy exceeds or falls short of the Energy Savings Guarantee.

Schedule 2-A-1. Lighting Retrofits: Retrofit existing fluorescent, incandescent, and HID lighting fixtures with more efficient LED lamps and fixtures. Savings will result from reduced fixture power consumption. Operating hours are not affected by this Energy Conservation Measure (ECM). (a) M&V Option: IPMVP Option A – Partially Measured Retrofit Isolation (b) Applicable Interior Lighting ECMs. The following facilities will utilize this M&V methodology for the purposes of measuring interior lighting energy savings. (A) City Hall
(B) Council Chambers
(C) Central Utility Plant
(D) Civic Complex Exterior
(E) Police Department
(F) Community Center
(G) Willow Hall
(H) Recreation Center
(I) Allan Witt Sports Complex
(J) Allan Witt Aquatics Center
(K) Allan Witt Athletic Complex
(L) Fairfield Transportation Center
(M) Rancho Solano Clubhouse
(N) Downtown Theater
(O) Paradise Valley Club
(P) Fire Station #35
(Q) Fire Station #37
(R) Fire Station #38
(S) Fire Station #40
(T) Fire Station #41
(U) Fleet Maintenance Facility
(V) Art Koch Range & Training Facility

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(c) Definition of Baseline . The baseline is that set of parameters that describes the lighting energy and power during the baseline year for the lighting fixtures being retrofitted and/or replaced. (d) Energy Baseline Development. Prior to the execution of the Co ntract, a series of comprehensive lighting audits were completed. Room -by-room inventories of fixture counts, types, and circuits were made . These inventories of all existing lighting equipment were created as part of the investment grade audit. In all cases, burned out fixtures and lamps are noted in the room-by-room inventory.

Additional measurements will be performed during construction prior to installing new lighting systems.

The data includes:
(1) Lamp types
(2) Light levels (foot candles) measured at desk height in the approximate center of the space, where measurement was feasible
(3) Sampling of electricity demand (kW) spot measurements for each electrically significant fixture configuration in accordance with the IPMVP M&V Guidelines to provide 80% confidence and 20% precision
(4) Burn hours based on building operating hours and space types (5) Areas where upgrades were not needed
(e) Baseline Energy consumption. Samples of the most common fixture types will be measured to determine the fixture power consumption under actual operating conditions. The formulas are listed below:
(1) Fixture Energy consumption:

LCB = ∑ Pre-Retrofit System Consumption
Where,
∑ Pre -Retrofit System Consumption = ∑ (Measured Fixture Watts x Annual Operating Hours)
LCB = Lighting Baseline E lectrical Consumption (Lighting specific, Includes interior and exterior lighting)
(2) Fixture Power Demand:

LDB = ∑ Pre-Retrofit System Power x 12 months
Where,
∑ Pre-Retrofit System Power = ∑ (Measured Fixture Watts x Diversity Factor) LDB = Annual Lighting Baseline Electrical Demand (Lighting specific, Includes interior and exterior lighting)
Diversity Factor = Percentage of time the fixtures are on when the peak demand is set (stipulated)
(3) Air Conditioning Consumption: Electrical consumption associated with the cooling load generated from lighting.

𝐴𝐶𝐵 (𝑘𝑊ℎ) = 𝐿𝐶𝐵
𝐶𝑂𝑃
Where,
ACB = Baseline air conditioning electrical consumption associated with lighting

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COP = Coefficient of Performance of the cooling system (assumed) (4) Air Conditioning Demand: Electrical demand associated with the cooling load generated from lighting.

𝐴𝐷𝐵 (𝑘𝑊) = 𝐿𝐷𝐵 × 𝑁𝑜. 𝐶𝑜𝑜𝑙𝑖𝑛𝑔 𝑀𝑜𝑛𝑡ℎ𝑠
12 𝑚𝑜𝑛𝑡ℎ𝑠
𝑦𝑟 × 𝐶𝑂𝑃

Where,
ADB = Annual baseline air conditioning electrical demand associated with lighting COP = Coefficient of Performance of the cooling system (assumed) (5) Heating Fuel Baseline: Heating fuel consumption offset by the heat contributed to the space from lighting.

𝐻𝐶𝐵 (𝑡ℎ𝑒𝑟𝑚𝑠) = 𝐿𝐶𝐵 × 𝑁𝑜. 𝐻𝑒𝑎𝑡𝑖𝑛𝑔 𝑀𝑜𝑛𝑡ℎ𝑠 × 3412 𝐵𝑡𝑢/𝑘𝑊ℎ 12 𝑚𝑜𝑛𝑡ℎ𝑠
𝑦𝑟 × 100,000 𝐵𝑡𝑢
𝑇ℎ𝑒𝑟𝑚 × 𝐻𝑒𝑎𝑡𝑖𝑛𝑔 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦

Where,
HCB = Baseline lighting contribution space heat that offsets heating system load Heating Efficiency = Efficiency of the heating system (assumed) (6) Stipulated Variables.
(A) Annual Operating Hours – Run hours for light fixtures will not be measured; operating hours are based on typical hours of occupancy for each space type. See next section for details.
(B) Demand Factor – Demand Factor is stipulated based on typical probabilities that a give n room type will be illuminated when the building ’s peak demand is set for each month.
(C) Coefficient of Performance of the cooling system – Published efficiency data is used for cooling systems in each building. Impact of this variable does not justify the cost to measure.
(D) Heating System Efficiency – Published efficiency data is used for heating systems in each building. Impact of this variable does not justify the cost to measure (E) Run hours for light fixtures will not be measured; operating hours are based on typical hours of occupancy for each space type. (f) Baseline Measurements and Sample Sizes . Baseline power (Watt) measurements will be performed during the Construction and Installation Period prior to modifying, retrofitting or replacing the lighting systems being measured. Quantities and locations of measurements will be determined utilizing the IPMVP Guidelines for Partially Measured Retrofit Isolation. Sample sizes shall meet confidence of at least 80% and a precision of 20%.

Schedule 2-A-2. Solar PV Installation (IPMVP Option B): Installation of new solar arrays (a) International Performance Measurement and Verification Protocol Option B. (b) The following facilities will utilize this M&V methodology for the purposes of measuring solar production:

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(A) Art Koch Range & Training Facility
(B) Allan Witt Sports Complex
(C) Allan Witt Aquatics Center
(D) Corp. Yard Administration
(E) Fairfield Transportation Center
(F) Cordelia Library
(G) Fire Station No. 41
(c) Solar PV : The baseline consumption of any new PV installation is the energy performance of the facility prior to the installation of this ECM. Sites with no prior PV installations have a baseline of zero production.

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SCHEDULE 2-B
SAVINGS MEASUREMENT & CALCULATION FORMULAE;
Schedule 2-B-1. Savings Measurement (IPMVP Option A):
(a) International Performance Measurement and Verification Protocol Option A verification techniques measure savings at a system level where key performance factors (e.g., lighting power) can be measured during the baseline and post -installation periods. Any factor not measured is estimated based on assumptions, analysis of historical data, or manufacturer’s data. (b) Quantities and locations of measurements will be determined utilizing the IPMVP Guidelines for Partially Measured Retrofit Isolation. Sample sizes shall meet a confidence of at least 80% and a precision of 20%.
(1) Lighting Energy Savings:

LCS(kWh) = LCB – LCP
Where,
LCB = Baseline lighting consumption (kWh)
LCP = Proposed lighting consumption (kWh)
LCB = FWB x OPHRS / 1,000
LCP = FWP x OPHRS /1,000
FWB = Baseline Fixture Watts (measured parameter)
FWP = Post-retrofit Fixture Watts (measured parameter)
OPHRS = Fixture Annual Operating Hours (stipulated values) (2) Lighting Demand Savings:

LDS(kW) = LDB - LDP
Where,
LDB = Baseline lighting demand (kW)
LDP = Proposed lighting demand (kW)
LDB = FWB / 1,000
LDP = FWP / 1,000
FWB = Baseline Fixture Watts (measured parameter)
FWP = Post-retrofit Fixture Watts (measured parameter)
(3) AC Consumption Savings
ACS(kWh) = ACB – ACP
Where,
ACB = Baseline air conditioning consumption associated with lighting (kWh) ACP = Proposed air conditioning consumption associated with lighting (kWh) 𝐴𝐶𝐵 (𝑘𝑊ℎ) = 𝐿𝐶𝐵
𝐶𝑂𝑃

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𝐴𝐶𝑃 (𝑘𝑊ℎ) = 𝐿𝐶𝑃
𝐶𝑂𝑃
LCB = Baseline lighting consumption (kWh)
LCP = Proposed lighting consumption (kWh)
COP = Coefficient of Performance of the cooling system (assumed) (4) AC Demand Savings
ADS(kWh) = ADB – ADP
Where,
ACB = Baseline air conditioning consumption associated with lighting (kWh) ACP = Proposed air conditioning consumption associated with lighting (kWh) 𝐴𝐷𝐵 (𝑘𝑊) = 𝐿𝐷𝐵 × 𝑁𝑜. 𝐶𝑜𝑜𝑙𝑖𝑛𝑔 𝑀𝑜𝑛𝑡ℎ𝑠
12 𝑚𝑜𝑛𝑡ℎ𝑠
𝑦𝑟 × 𝐶𝑂𝑃

𝐴𝐷𝑃 (𝑘𝑊ℎ) = 𝐿𝐷𝑃 × 𝑁𝑜. 𝐶𝑜𝑜𝑙𝑖𝑛𝑔 𝑀𝑜𝑛𝑡ℎ𝑠
12 𝑚𝑜𝑛𝑡ℎ𝑠
𝑦𝑟 × 𝐶𝑂𝑃

LDB = Baseline annual lighting demand (kW)
LDP = Proposed annual lighting demand (kW)
COP = Coefficient of Performance of the cooling system (assumed) (5) Heating Fuel Savings
HCS(kWh) = HCB – HCP
Where,
HCB = Baseline lighting contribution space heat that offsets heating system load HCP = Proposed lighting contribution space heat that offsets heating system load 𝐻𝐶𝐵 (𝑡ℎ𝑒𝑟𝑚𝑠) = 𝐿𝐶𝐵 × 𝑁𝑜. 𝐻𝑒𝑎𝑡𝑖𝑛𝑔 𝑀𝑜𝑛𝑡ℎ𝑠 × 3412 𝐵𝑡𝑢/𝑘𝑊ℎ 12 𝑚𝑜𝑛𝑡ℎ𝑠
𝑦𝑟 × 100,000 𝐵𝑡𝑢
𝑇ℎ𝑒𝑟𝑚 × 𝐻𝑒𝑎𝑡𝑖𝑛𝑔 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦

𝐻𝐶𝑃 (𝑡ℎ𝑒𝑟𝑚𝑠) = 𝐿𝐶𝑃 × 𝑁𝑜. 𝐻𝑒𝑎𝑡𝑖𝑛𝑔 𝑀𝑜𝑛𝑡ℎ𝑠 × 3412 𝐵𝑡𝑢/𝑘𝑊ℎ 12 𝑚𝑜𝑛𝑡ℎ𝑠
𝑦𝑟 × 100,000 𝐵𝑡𝑢
𝑇ℎ𝑒𝑟𝑚 × 𝐻𝑒𝑎𝑡𝑖𝑛𝑔 𝐸𝑓𝑓𝑖𝑐𝑖𝑒𝑛𝑐𝑦

LCB = Baseline lighting consumption (kWh)
LCP = Proposed lighting consumption (kWh)
Heating Efficiency = Efficiency of the heating system (assumed) Schedule 2-B-2. Savings Measurement (IPMVP Option B):
(a) International Performance Measurement and Verification Protocol Option B verification techniques measure savings at a system level where key performance factors load and hours of use are directly measured.

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(b) Solar PV: The solar production will be tracked utilizing the system portal.

Production data cost impacts will be analyzed using the outlined blended rate.

Schedule 2-B-3. Determination of Dollars Saved.
(a) Total Annual $ Savings = ∑ (Energy/Demand/Water Savings x Contractual Energy/Demand Rates)
Where:

Contractual Energy Rates = Utility rates defined in Exhibit 2-7.

Schedule 2-B-4. Causes for Adjustment to the Baseline.
(a) Implicit in this measurement option is the necessity of identifying and accounting for the effects of changes to the facilities and conditions during the measurement period that are beyond the scope of the measures installed. During the measurement and verificatio n period, all variables must have their energy impact accounted for if the true savings from the energy conservation measure is to be assessed.

Following is a partial list of changes that will lead to adjusting the Baseline Energy and water consumption:
(1) building additions
(2) changes in operating hours
(3) remodeling projects
(4) changes in usage patterns
(5) equipment replacements
(b) In the event that any change is made to the Customer ’s Premises that will impact energy and water consumption, Customer shall notify WES in writing of such change within 30 days. WES will utilize existing building models used to calculate Baseline Energy and water consumption to update that Baseline Energy and water consumption and determine the impact that any such change will have on Actual Energy and Water and present Customer a written analysis of the effects of the changes. Changes that are long-term or permanent will be reflected in a change to the Baseline Energy and water consumption .

Temporary changes that affect energy and water use will be calculated and added to the corresponding month(s) Actual Energy and Water.
(c) Any changes made by WES to the Baseline Energy and water consumption or saving calculations shall be presented to Customer for approval. Customer shall have 30 days to protes t recommended modifications in writing, after which time change will be considered accepted. If Customer protests any recommended modifications, Customer and WES will work together to establish mutually acceptable modifications based on accurate building models showing the impact of changes to facilities. (d) Weather normalization will be employed to ensure that the impact of actual weather conditions is eliminated from the Energy Guarantee calculations. Normalization shall not be utilized to the benefit of either Customer or WES, but shall be used solely for the purpose of accurately accounting for the impact on Actual Energy and Water of the Scope of Work implemented in conjunction with this Contract.

Schedule 2-B-5. Adjustments Methodology for Material Changes. (a) For Adjustments necessitated by Material Changes , the following procedure shall be followed:
(1) Customer will notify WES of planned changes in building use or function.

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(2) WES and Customer will review the changes planned and determine if these changes are likely to cause a change in energy and water use that would exceed the threshold limits defined in Exhibit 2 -4. If the expected changes are less than the threshold, the effect will be ignored and no adjustment will be used.
(3) If the changes are expected to raise or lower energy and water consumption more than the threshold limits defined in Exhibit 2-4, the building will be sub-metered by Customer for both pre- and post-use change periods until the effect on energy has been determined. (A) For changes to existing buildings that are metered, a linear regression will be performed to correlate heating- and cooling-degree days to the pre-change period’s energy usage for the building, similar to the procedure p erformed to adjust the base year for weather. The post - change heating - and cooling -degree days will then be applied to the pre -change regression equation to determine what the post -change period’s use would have been if no change had occurred. The differen ce between this use and the period ’s actual use will be, whether positive or negative, used as the adjustment, shown as term “M” in the equations in the Measurement and Adjustments Methodology section in this Schedule.
(B) If the entire effect of the change is independently sub-metered, such as the addition of a building on an existing utility service, the sub -metered energy and water use for that building for each guarantee period will be used to determine the baseline adjustment, shown as term “M” in the equations in the Measurement and Adjustments Methodology section in this Schedule. (C) If the method for determining adjustment described in the previous paragraph is agreed to be not appropriate or too complex for a specific adjustment by the Customer and WES, Customer and WES will develop a separate measurement and verification (M&V) plan to track the effect of the building change.
(4) If the changes occur at a time when the impact would affect a fraction of that year’s energy and water use for an existing building or system, the procedure described in the previous section will be performed separately for the year in which the change occurred and the subsequent year to accurately account for the effect of the change in both years. The subsequent year’s adjustment will then be used for all future years.

Schedule 2-B-6. Adjustments for Mild Weather Season During Performance Period. (a) For performance periods with mild weather season, WES may elect to normalize both the baseline and the Guaranteed Period Consumption for a specific utility to Typical Meteorological Year (TMY3) weather data available for download from the National Renewable Energy Laboratory. (b) A mild weather season is defined as a heating or cooling season containing fewer heating or cooling degree days that a Typical Meteorological Year, evaluated using TMY3 weather data. (c) The TMY3 weather data set will be for TMY, 10km grid (38.25, -122.05), NREL (prospector). Methodology used to normalize consumption is defined in Schedule 2-B-5. (d) For Solar PV generation measures, The actual irradiance will be compared against the average TMY3 weather data that was sourced from solar irradiation data modeled by the National Renewable Energy Laboratory (NREL) for the 10 square km grid surrounding the project site. Weather Adjustments will follow the following equation:

Weather Adjusted Guarantee = Simulated Guarantee * Weather Adjustment Ratio 𝑊𝑒𝑎𝑡ℎ𝑒𝑟 𝐴𝑑𝑗𝑢𝑚𝑒𝑛𝑡 𝑅𝑎𝑡𝑖𝑜 =
𝑆𝑖𝑚𝑢𝑙𝑎𝑡𝑒𝑑 𝑒𝑛𝑒𝑟𝑔𝑦 𝑢𝑠𝑖𝑛𝑔 𝑚𝑒𝑎𝑠𝑢𝑟𝑒𝑑 𝑖𝑟𝑟𝑎𝑑𝑖𝑎𝑛𝑐𝑒 𝑖𝑛 𝑝𝑒𝑟𝑓𝑜𝑟𝑚𝑎𝑛𝑐𝑒 𝑦𝑒𝑎𝑟 𝑆𝑖𝑚𝑢𝑙𝑎𝑡𝑒𝑑 𝑒𝑛𝑒𝑟𝑔𝑦 𝑢𝑠𝑖𝑛𝑔 𝑎𝑣𝑒𝑟𝑎𝑔𝑒 𝑖𝑟𝑟𝑎𝑑𝑖𝑢𝑎𝑛𝑐𝑒 𝑖𝑛 𝑎 𝑇𝑀𝑌 𝑦𝑒𝑎𝑟

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Schedule D

INSURANCE REQUIREMENTS

1. Provision of Insurance . Without limiting WES' indemnification of Customer , and prior to commencement of Work, WES shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Customer. WES agrees to provide insurance in accordance with requirements set forth here. If WES uses existing coverage to comply and that coverage does not meet these requireme nts, WES agrees to amend, supplement or endorse the existing coverage.

2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Customer Representative.

3. Coverage Requirements.

A. Workers' Compensation Insurance. WES shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000).

WES shall submit to Customer, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Customer, its officers, agents, employees and volunteers.

B. General Liability Insurance. WES shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($3,000,000) per occurrence, two million dollars ($6,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must i nclude contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

C. Automobile Liability Insurance. WES shall maintain automobile insurance at least as broad as Insurance S ervices Office form CA 00 01 covering bodily injury and property damage for all activities of WES arising out o f or in connection with the Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($2,000,000) combined single limit for each accident.

D. Professional Liability Insurance. WES shall maintain professional liability or errors and omissions insurance appropriate to its profession, in such form and with insurance comp anies acceptable to the Customer, and with limits not less than $1,000,000 per claim and aggregate (errors and omissions). This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be w ritten on a policy coverage form specifically designed to protect against acts, errors or omissions of WES in the performance of professional services. “Covered Professional Services” as designated in the policy must specifically include work performed und er this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. The retroactive date (if any) such each policy is to be no later than the effective date of this Agreement. If a “cl aims-made” professional liability policy is provided, it shall include an extended reporting period of not less than three (3) years.

4. INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

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Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $29,998,064

5. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to wa ive subrogation against Customer, its elected or appointed officers, agents, officials, employees and volunteers o r sha ll specifically allow WES or others providing insurance evidence in compliance with these requirements to waive their right of recov ery prior to a loss. WES hereby waives its own ri ght of recovery against Customer, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that Customer and its officers, officials, employees, agents, and vo lunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

C. Primary and Non Contributory. Coverage provided by WES shall be primary and any insurance or self-insurance procured or maintained by Customer shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be en dorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Customer before the Customer’s own insurance or self-insurance shall be called upon to protect it as a named insured.

D. Notice of Cancellation. WES agrees to oblige its insurance agent or broker and insurers to provide to Customer with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

6. Additional Agreements Between the Parties. The parties hereby agree to the following:

A. Evidence of Insurance. WES shall provide certificates of insurance to Customer as evidence of the insurance coverage required herein, along with a w aiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by Customer Representative prior to commencement of performance. Current certification of insurance shall be kept on file with Customer at all times during the term of this Agreement.

B. Acceptability of Insurer. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CUSTOMER.

Verification of Coverage. WES shall furnish the CITY with original endorsements effecting coverage required by this Schedule D. The endorsements are to be signed by a person authorized

X

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by that insurer to bind coverage on its beha lf; on forms equivalent to CG 20 10 11 85, subject to CUSTOMER approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be received and approved by the CUSTOMER before work commences. At the request of the CUSTOMER, WES shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

C. Customer’s Right to Revise Requirements. Customer reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving WES a ninety (90) -day advance written notice of such change. If such change results in substanti al additional cost to WES, the Customer and WES may renegotiate WES' compensation.

D. Right to Review Subcontracts . WES agrees that upon request, all agreements with subcontractors or others with whom WES enters into contracts with on behalf of Customer will be submitted to Customer for review. Failure of Customer to request copies of such agreements will not impose any liability on Customer, or its employees.

E. Enforcement of Agreement Provisions. WES acknowledges and agrees that any actual or alleged failure on the part of Customer to inform WES of noncompliance with any requirement imposes no additional obligations on Customer nor does it waive any rights hereunder.

F. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If WES maintains higher limits than the minimums shown above, the Customer requires and shall be entitled to coverage for the higher lim its maintained by WES. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Customer.

G. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the Customer. The Customer reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by acceptable security. Self -insurance will not be considered to comply with these requirements unless approved by the Customer.

H. Customer Remedies for Non-Compliance. If WES or any subcontractor fails to provide and maintain insurance as required herein, then Customer shall have the right but not the obligation, to purchase such insurance, to termi nate this Agr eement, or to suspend WES' right to proceed until proper evidence of insurance is provided. Any amounts paid by Customer shall, at Customer’s sole option, be deducted from amounts payable to WES or reimbursed by WES upon demand.

I. Timely Notice of Claims . WES shall give Customer p rompt and timely notice of claims made or suits instituted that arise out of or result from WES' performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Customer assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Customer.

J. WES’ Insurance. WES shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Agenda Item No: M.2

AGENDA REPORT
DATE: December 3, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-280

Rescinding Approving Issuance of a Commercial Cannabis Retail Business Permit to Authentic Fairfield LLC

Funding Source: N/A

Contact: Dave Zellers, (707) 428-7436

RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The City Council has requested agendizing a Public Hearing for consideration of rescinding the Preliminary Approval for a Commercial Cannabis Retail Business Permit awarded to Authentic Fairfield LLC on June 22, 2021, by the City per attached Resolution 2021-143.

DISCUSSION
The council approved the adoption of Ordinance 2024-08, which includes an amendment to Fairfield Municipal Code Chapter (FMC) 10E, also known as Commercial Cannabis Businesses allowing for the revocation of Preliminary Approvals for a Commercial Cannabis Business Permit. During the presentation for the first reading of Ordinance 2024-08 in October 2024, two council members requested agendizing a Public Hearing for rescinding of the preliminary approval granted to Authentic Fairfield LLC. Furthermore, the city attorney stated during the October 2024 presentation that regardless of the changes to the FMC the council may rescind preliminary approval as it related to the conditions at the time it was conferred.

In June 2021, Authentic Fairfield LLC was granted approval for a Commercial Cannabis Business Permit pending the completion of actions and meeting specific conditions per City of Fairfield Resolution 2021-143. Since June 2021, the complete set of conditions has not been satisfied, nor has documentation been provided to indicate whether some or all the conditions have been satisfied. The

most recent communication from Authentic Fairfield LLC with City staff overseeing the commercial cannabis program was in July 2023 and indicated the business was exploring the possibility of utilizing a different location than the one specified in its initial application. Furthermore, as of November 2024, State of California Department of Cannabis Control records do not show the same owners for Authentic Fairfield LLC as the application submitted to the City indicated in September 2020. As there has been no communication with the City to indicate a change in ownership at any point in the last three years, per Section 1.5 of Exhibit A included with Resolution 2021-143 and FMC Chapter 10E, the City Council may consider rescinding the approval granted in 2021.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The public hearing was advertised in the Daily Republic on Sunday, November 17, 2024. A certified letter dated November 14, 2024, was sent to the individuals listed on the 20 20 permit application as owners of Fairfield Authentic LLC to inform them of the public hearing.

ALTERNATIVE ACTION
The council may choose to vote against the passage of the resolution.

COORDINATED WITH
City Attorney’s Office and City Manager’s Office

STAFF CONTACT
Dave Zellers, Director of Community and Economic Development (707) 428-7436
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Resolution 2021-143

CITY OF FAIRFIELD

RESOLUTION NO. 2024-280

RESCINDING APPROVED ISSUANCE OF A COMMERCIAL CANNABIS RETAIL BUSINESS PERMIT

TO AUTHENTIC FAIRFIELD LLC

WHEREAS, on June 22, 2021, the City Council of the City of Fairfield approved Resolution 2021 - 143 granting Authentic Fairfield LLC; and

WHEREAS, Fairfield Municipal Code Chapter 10E Section 11(b) states:

“(b) The City Council may revoke a preliminary approval or a commercial cannabis business permit for a violation of any State or local law, including, but not limited to, this Chapter; a violation of any condition or term of the commercial cannabis business permit; and/or a violation of any condition or term made a part of any other permit or entitlement granted to the commercial cannabis business or its owner;” and

WHEREAS, Section 1.5 in Exhibit A as part of City of Fairfield Resolution 2021-143 states:

“Notwithstanding the issuance of a commercial cannabis business permit, the contents of AUTHENTIC FAIRFIELD LLC's application and the conditions of approval as set forth shall remain applicable and be fully enforceable through the City's police power. In the event AUTHENTIC FAIRFIELD LLC's operations deviate from AUTHENTIC FAIRFIELD LLC's application in any way, violate these conditions of approval, result in a public or private nuisance, or are otherwise inconsistent with any federal, state, or local, law, rule, or regulation, the City shall have all remedies available, in law or in equity to enforce the terms of AUTHENTIC FAIRFIELD LLC's application, conditions, laws, rules and regulations. Notwithstanding the above, the city manager may approve deviations from AUTHENTIC FAIRFIELD LLC's application to the extent necessary to further the purposes of FMC Chapter 10E or to protect public health, safety, and welfare;” and

WHEREAS, Fairfield Municipal Code 10E Section 14(b) states:

“The permittee shall file an updated application form with the City Manager at least 30 calendar days prior to an anticipated change to any other information listed in the permit application, including but not limited to a change in contact information, change in trade name, or change in the security plan; provided, however, that a change in ownership shall comply with Section 10E.15;” and

WHEREAS, Fairfield Municipal Code 10E Section 15(a) states:

RES. NO. 2024-280

“Prior to any transfer or change in ownership of a commercial cannabis business permit, the permittee shall file a new application with the City Manager. The application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as an application fee);” and

WHEREAS, Fairfield Municipal Code 10E Section 15(b) states:

“The City Manager shall review the application to determine whether the new owner(s) meet the minimum permit eligibility criteria. If the transfer involves a substantial change in ownership, the City Council shall hold a public hearing and approve or deny the transfer pursuant to the procedures for approval of a new permit application. A "substantial change in ownership" shall mean any change in the permittee’s business structure or ownership of the business entity that results in a change of more than 51% of the original ow nership. A transferred permit shall be valid for a period of one year from the date of the City Council’s approval;” and

WHEREAS, State of California Department of Cannabis Control records for Authentic Fairfield LLC ownership do not match the ownership r ecord provided as part of the application for a Commercial Cannabis Retail Business Permit provided to the City of Fairfield and the business has not communicated to the City Manager as prescribed in Fairfield Municipal Code Chapter 10E that an ownership c hange has taken place nor provided the required information for an ownership change; and

WHEREAS, Authentic Fairfield LLC has not wholly complied with the conditions of approval for the permit set forth as part of Resolution 2021 -143 nor provided documentation of progress on satisfying all conditions in full in order to receive a Commercial Cannabis Retail Business Permit.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The City Council revokes the preliminary approval of Resolution 2021 -143 for a Commercial Cannabis Retail Permit granted to Fairfield Authentic LLC due to the applicant’s failure to comply with Fairfield Municipal Code Chapter 10E Sections 14(b), 15(a), and 15(b), and directs the City Manager to do all things necessary to effectuate this revocation.

RES. NO. 2024-280

PASSED AND ADOPTED this 3rd day of December 2024, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

CITY OF FAIRFIELD
RESOLUTION NO. 2021- 143

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING ISSUANCE OF A

COMMERCIAL CANNABIS RETAIL BUSINESS PERMIT TO AUTHENTIC FAIRFIELD LLC SUBJECT TO

CONDITIONS AND IN ACCORDANCE WITH THE REQUIREMENTS AND PROCEDURES OF FAIRFIELD MUNICIPAL CODE CHAPTER 10E
WHEREAS, on June 16, 2020, the City Council of the City of Fairfield adopted Ordinance 2020- 07, adding Chapter 10E (Commercial Cannabis Businesses) to the Fairfield Municipal Code ( FMC) to permit commercial cannabis businesses within the City and establish a regulatory program requiring all commercial cannabis uses to obtain a commercial cannabis business permit issued by the City prior to commencing operation; and
WHEREAS, as required by FMC Sections 10E.8 and 10E.9, on July 7, 2020, the council approved Resolution 2020- 136, establishing the procedures to govern the application process by which decisions would be made regarding the issuance of commercial cannabis business permits in a document known as " Application Procedures & Guidelines for a Commercial Cannabis Business Permit" ( the " Application Procedures"); and
WHEREAS, during the application period conducted from September 8, 2020 to October 23, 2020, the City received fourteen applications for retail permits and one application for a manufacturing permit; and
WHEREAS, the council approved Resolution 2021- 68 and Resolution 2021- 80 to modify the Application Procedures in response to unanticipated circumstances; and WHEREAS, all applicants for retail permits made presentations to the council on April 28, 2021 and April 29, 2021; and
WHEREAS, on May 4, 2021, the council held a public hearing to receive public testimony on the applications and to consider the merits of all fourteen applications for retail permits; and WHEREAS, following the close of the public hearing, the council considered the evaluation criteria set forth in Resolution 2021- 80 and narrowed their review to five top applicants and gave preliminary approval to two of these applicants; and
WHEREAS, since new information was received on one of the remaining three top applicants after the close of the public hearing, the council moved to continue the discussion on these three top applicants so that this information could be entered into the public record at a subsequent limited hearing; and

RES. NO. 2021- 143

WHEREAS, on June 1, 2021, the council held a limited public hearing to discuss the new information that was received by the council and awarded preliminary approval to operate a commercial cannabis retail business to Authentic Fairfield LLC; and WHEREAS, the council directed staff to prepare a resolution authorizing the city manager to issue a commercial cannabis business permit to Authentic Fairfield LLC subject to conditions and in accordance with the requirements and procedures of FMC Code Chapter 10E.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. Pursuant to FMC Section 10E.9(g), the council adopts the following findings in support of issuing a commercial cannabis business permit to Authentic Fairfield LLC:
a) The location and site characteristics of the proposed cannabis business are consistent with all applicable state laws and City standards and guidelines. The application submitted by Authentic Fairfield LLCdemonstrates that the proposed business meets or exceeds the requirements of FMC Chapter 10E Section 18, Location and Design of Cannabis Businesses.

The business conforms with the City' s general plan and is located in and meets all development requirements for the CR (Regional Commercial) district. It is to be located within an existing single -tenant building and commercial center and meets parking requirements with 101 parking spaces reserved on site to serve the business. It is located over 600 feet away from sensitive uses. The business shall be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, consistent with surrounding properties. The location is adequate in size and shape to accommodate the walls, fences, parking and loading facilities, landscaping, and all items required for the development of the business. The business can be adequately served by existing highways and road network. As conditioned, the location and site characteristics of the business will be consistent with all applicable state laws and City standards and guidelines.
b) All provisions have been made to ensure that the operation of the commercial cannabis business will not create excessive demands for police service or other public services, and that the business will benefit the City. The business meets the safety and security requirements as specified in FMC Chapter 10E, as conditioned. A safety plan and security plan has been prepared by licensed professionals and will be subject to the review and approval the Fairfield Fire Department and Police Department. The business will have 24- hour on -site security which will deter criminal activity on -site. This in addition to compliance with the requirements of FMC Chapter 10E.22, Security Measures, will ensure the business does not create an excessive demand for police service. The business will be located in a building that will be served with adequate electricity, sewerage, disposal, water, fire protection, and storm drainage facilities for a cannabis business. The business will be required to enter into a community relations agreement with the Cityfor the benefit of the city, committing to the provision of benefits and programs such as a youth

RES. NO. 2021- 143

educational program, a compassionate care program, the establishment of a drug prevention community fund, and the provision of a minimum of one -and -one- half percent of gross annual profit to the community fund, in perpetuity. As conditioned, the operation of the commercial cannabis business will not create excessive demands for police service or other public services, and the business will benefit the city.

Section 2. Based on the above findings, the council hereby approves the application by Authentic Fairfield LLC to operate a commercial cannabis — retail business at 2470 Martin Road.

Section 3. The council hereby authorizes the city manager to formally issue a commercial cannabis business permit to Authentic Fairfield LLCto operate a retail cannabis business at 2470 Martin Road after the director of community development confirms that all of the required Land use approvals have been obtained, subject to the Conditions of Approval attached hereto as Exhibit A" and incorporated herein by this reference, and in accordance with the requirements and procedures of FMC Code Chapter 10E.

Section 4. The council finds that approving the application for a commercial cannabis business permit by Authentic Fairfield LLC is categorically exempt from the requirements of Calfiornia Environmental Quality Act ( CEQA) pursuant to Section 15301 of the CEQA Guidelines Existing Facilities). Permit approval would allow for operation of the commercial cannabis business in an existing single -tenant building in an urban area. An expansion of use beyond the former commercial use is not contemplated, and minor interior or exterior alterations as proposed are consistent with the Section 15301 exemption. No environmentally sensitive areas or historic resources are on the site, and there are not unusual circumstances or cumulative effects that could result in a significant effect on the environment.

PASSEDAND ADOPTEDthis 22"dday of June 2021, by the following vote:
4 AYES: COUNCILMEMBERS: PRICE /- BfiiT l / MOY / PANDURO / TIMM / TONNESEN / VACCARO NOES: COUNCILMEMBERS:(' A
ABSENT: COUNCILMEMBERS: ` 0 4
ABSTAIN: COUNCILMEMBERS: NOri
MAYOR

CITY CLERK

EXHIBIT A
Commercial Cannabis — Retail
Conditions of Approval
Business Name: Authentic Fairfield LLC
DBA: Authentic Fairfield
Address: 2470 Martin Road
File No.: CRM2020- 003
AUTHENTIC FAIRFIELD LLC has been granted preliminary approval to operate a commercial cannabis — retail business in the City of Fairfield at 2470 Martin Road as described in the application and shown on the site plan submitted to the City on October 15, 2020.

The City Council may impose such terms, conditions, and restrictions on the operation, management, and conduct of the commercial cannabis business, as deemed necessary to protect the health, safety, or welfare of the City or to ensure compliance with state or local laws. This preliminary approval has been granted subject to compliance with the following conditions which must be satisfied prior to the issuance of a commercial cannabis business permit, unless noted otherwise:

1. 0 PRELIMINARY APPROVAL/ REVOCATION

1. 1 AUTHENTIC FAIRFIELD LLC shall comply with ( i) all of the provisions set forth in Fairfield Municipal Code ( FMC) Chapter 10E applicable to a store - front retail commercial cannabis business, as the case may be; ( ii) any and all applicable rules and regulations at any time promulgated by the city manager pursuant to said chapter; ( iii) any and all amendments to said chapter; ( iv) any and all ordinances, rules, and policies adopted by the City which are made applicable to all store -front retail commercial cannabis businesses operating within the jurisdictional boundaries of the City; and ( v) any and all laws and regulations of the State of California applicable to AUTHENTIC FAIRFIELD LLC' s store - front commercial cannabis retail business.

1.2 The city manager shall not formally issue the commercial cannabis business permit to AUTHENTIC FAIRFIELD LLC unless and until the community development director confirms that all of the required land use approvals have been obtained.

1.3 AUTHENTIC FAIRFIELD LLC shall not begin operations, notwithstanding the issuance of a permit, until it has complied with all state and local laws and regulations, including but not limited to receipt of a state license.

1.4 AUTHENTIC FAIRFIELD LLC shall abide by, honor, adhere to, perform, implement, and carry out all the representations, statements, promises, statements of plans and intentions, assurances, descriptions, conditions, and terms, as the case may be, set forth in AUTHENTIC FAIRFIELDLLC's application. Should any conflicts exist between AUTHENTIC FAIRFIELDLLC's application and the laws, rules, policies, and/ or regulations described in condition 1. 1, above, the more stringent provision shall apply.

1.5 Notwithstanding the issuance of a commercial cannabis business permit, the contents of AUTHENTIC FAIRFIELD LLC's application and the conditions of approval as set forth shall remain applicable and be fully enforceable through the City' s police power. In the event AUTHENTIC FAIRFIELD LLC' s operations deviate from AUTHENTIC FAIRFIELD LLC' s application in any way, violate these conditions of approval, result in a public or private nuisance, or are otherwise inconsistent with any federal, state, or local, law, rule, or regulation, the City shall have all remedies available, in law or in equity to enforce the terms of AUTHENTIC FAIRFIELD LLC's application, conditions, laws, rules and regulations. Notwithstanding the above, the city manager may approve deviations from AUTHENTIC FAIRFIELD LLC's application to the extent necessary to further the purposes of FMC Chapter 10E or to protect public health, safety, and welfare.

2. 0 COMMUNITY RELATIONS

2.1 AUTHENTIC FAIRFIELDLLC shall provide to the City, and to all businesses and residences located within 100 feet of the business, the name, telephone number, and email address of a community relations representative to whom notice of problems associated with the commercial cannabis business can be provided.

2.2 During the first year of operations following receipt of a permit, the owner, manager, and community relations representative from AUTHENTIC FAIRFIELD LLC shall attend meetings with the city manager, and other interested parties as deemed appropriate by the city manager, to discuss the costs, benefits, and other community issues arising as a result of implementation of FMC Chapter 10E. After the first year of operation, the owner, manager, and community relations representative from AUTHENTIC FAIRFIELD LLC shall meet with the city manager upon reasonable request.

2. 3 AUTHENTIC FAIRFIELD LLC shall develop a City -approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction.

2.4 Prior to issuance of the commercial cannabis business permit, AUTHENTIC FAIRFIELDLLCshall enter into a community relations agreement with the City setting forth the terms and conditions under which AUTHENTIC FAIRFIELD LLC shall implement its community relations program, including but not limited to those set forth below:

2. 4. 1 AUTHENTIC FAIRFIELDLLCshall establish a drug prevention community fund for the sole purposes of funding a youth education and drug prevention program and drug prevention program community outreach and engagement activities.

2. 4. 2 AUTHENTIC FAIRFIELD LLC shall allocate a minimum of 1. 5% of gross annual profits to the drug prevention community fund in perpetuity.

2. 4. 3 AUTHENTIC FAIRFIELDLLCshall establish a community advisory board made up of Fairfield community stakeholders and representatives. The board shall have the sole power and authority to distribute the drug prevention community fund to community partners for the implementation of the youth education and drug prevention program community outreach and engagement activities in perpetuity and free of influence of AUTHENTIC FAIRFIELD LLC staff.

2. 4. 4 AUTHENTIC FAIRFIELD LLCshall reserve up to two community advisory board positions for City of Fairfield representatives. The final number of City of Fairfield representatives will be determined as part of the community relations agreement.

2. 4. 5 AUTHENTIC FAIRFIELDLLCshall partner with Community Action North Bay and commit to providing monetary support, with a minimum annual contribution of 15, 000. 00 in perpetuity.

2. 4. 6 AUTHENTIC FAIRFIELDLLCshall partner with the Food Bank of Contra Costa and Solano and commit to providing monetary support, with a minimum annual contribution of $ 15, 000. 00 in perpetuity.

2. 4. 7 AUTHENTIC FAIRFIELD LLC shall host monthly educational panels, informational workshops, or non- profit partnership events for the purpose of providing community education on cannabis and related safety issues.

2. 4. 8 AUTHENTIC FAIRFIELD LLC shall create and provide a workforce development program in partnership with the Los Angeles Trade Tech College, or other institution as specified in the community relations agreement, providing both educational classes and career development counseling. The program shall be made available to all Fairfield employees.

2. 4. 9 AUTHENTIC FAIRFIELD LLC shall create and provide a career development program in partnership with Solano Community College, or other institution as specified in the community relations agreement. The program shall include, but not be limited to, scholarships for two years of classes at Solano Community College for three participants and a work program providing part time jobs and mentoring to Solaro Community College students on an annual basis. The program shall be targeted towards individuals such as those with a non-violent cannabis offense, veterans, those from the foster care system, or others who have simply experienced extreme financial hardship.

2. 4. 10 AUTHENTIC FAIRFIELD LLC shall create educational materials on the subject of cannabis and safe cannabis consumption and make such materials available in store.

2.4.11 AUTHENTIC FAIRFIELD LLC shall offer a compassionate use program which provides reduced and no -cost medicine to low income and seriously ill patients in accordance with the regulations set forth by the Bureau of Cannabis Control.

2.4.12 AUTHENTIC FAIRFIELDLLCshall provide a living wage for all retail non -salaried employees starting at $ 17.50 per hour, subject to cost -of -living increases.

2. 4. 13 AUTHENTIC FAIRFIELD LLC shall offer all employees a competitive comprehensive benefits package which includes health, vision, and dental programs and shall cover a minimum of 70% of all insurance premiums for employees enrolled in the plans.

2.4.14 AUTHENTIC FAIRFIELDLLCshall provide all full- time employees 10 paid holidays per year and provide double pay if an employee works on such a day.

2.4. 15 AUTHENTIC FAIRFIELD LLC shall provide all employees a minimum of 72 hours of paid time off and 48 hours of paid sick leave per year, separate from any paid time off provided for volunteer time or holidays.

2.4. 16 AUTHENTIC FAIRFIELD LLC shall create an employer funded pension plan available to all employees.

2.4.17 AUTHENTIC FAIRFIELDLLCshall provide all employees up to 6 weeks of maternity or paternity leave, separate from and in addition to any leave guaranteed under the Family Medical Leave Act.

2.4.18 AUTHENTIC FAIRFIELDLLCshall provide a minimum of 24 paid volunteer hours per year to all employees.

2. 4. 19 A minimum of 75% of employees hired by AUTHENTIC FAIRFIELDLLCto work at the permitted location shall be local hires. For the purposes of this condition local hire" means that the employee, at the time of hire, is a resident of Solano County.

3. 0 GENERAL REQUIREMENTS

3. 1 No person may engage in any commercial cannabis business or in any commercial cannabis activity within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person ( 1) has a

valid commercial cannabis business permit from the City; (2) has a valid State license, and (3) is currently in compliance with all applicable State and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities.

3.2 It is the responsibility of the owner( s) of AUTHENTIC FAIRFIELDLLCto ensure that it operates in a manner that complies with all applicable State and local laws, any regulations promulgated thereunder, and any licensing or permit requirements or conditions of approval.

3.3 Neither preliminary approval or the issuance of a commercial cannabis business permit for AUTHENTIC FAIRFIELDLLCshall waive compliance with all sections of the Fairfield City Code Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.

3.4 Any leases, subleases, or other agreements for the use of real property by AUTHENTIC FAIRFIELD LLC must be based on a monthly rate. No person shall be issued or hold a commercial cannabis business permit if such person has entered into a lease, sublease, or other agreement for the use of property for such business at less than fair market value or such lease, sublease or agreement provides for the tenant to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City.

3.5 Issuance of a commercial cannabis business permit does not create a property right or land use entitlement. Each commercial cannabis business permit shall expire 12 months after the date of issuance. No person shall have any entitlement or vested right to receive a permit under FMC Chapter 10E.

3.6 AUTHENTIC FAIRFIELDLLCshall pay the commercial cannabis business permit fee established by resolution of the City Council.

3. 7 AUTHENTIC FAIRFIELD LLC shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities.

On no less than an annual basis ( at or before the time of the renewal of a commercial cannabis business permit), or at any time upon reasonable request of the City, AUTHENTIC FAIRFIELD LLCshall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous twelvemonth period ( or shorter period based upon the timing of the request), provided on a per -month basis. The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, AUTHENTIC FAIRFIELD LLC shall submit to the City a financial audit of the business' s operations conducted by an independent certified public accountant. AUTHENTIC FAIRFIELD LLCshall be subject to a regulatory compliance review and financial audit as determined by the City Manager.

3. 8 AUTHENTIC FAIRFIELD LLC shall maintain a current register of the names and contact information ( including the address and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers,

employees, agents, and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager upon reasonable request.

3.9 AUTHENTIC FAIRFIELD LLC shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing, production or manufacturing, and laboratory testing until purchase as set forth in MAUCRSA.

3. 10 AUTHENTIC FAIRFIELDLLCshall allow City officials accessto the business's books, records, and accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of determining compliance with FMC Chapter 10E. Books, records, accounts, and any and all relevant data or documents will be produced or made available no later than 24 hours after receipt of the City' s request, unless otherwise stipulated by the City. The city may require the materials to be submitted in an electronic format that is compatible with the City' s software and hardware.

4. 0 OPERATING REQUIREMENTS

4.1 Operating hours where the business is open to the public for both in-store and/ or delivery services, shall be restricted to 9: OOam— 10: 00pm, seven days a week. No business activities may occur, regardless of whether the business is open to the public or not, between the hours of 10: OOpm — 6: OOam, seven days a week.

4.2 AUTHENTIC FAIRFIELDLLCshall comply with the requirements of Fairfield Municipal Code Chapter 10E Section 24, General Operating Requirements.

4.3 AUTHENTIC FAIRFIELDLLC shall comply with the requirements of Fairfield Municipal Code Chapter 10E Section 25, Operating Requirements for Store -front Retailers.

4.4 Prior to commencing operations, AUTHENTIC FAIRFIELD LLC shall obtain a City business license.

4. 5 The original copy of the commercial cannabis business permit and the City - issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public. A copy of these conditions of approval shall be maintained on -site and shall be provided for review upon request by any law enforcement officer or City official.

4.6 AUTHENTIC FAIRFIELD LLC shall have in place a point -of -sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales by weight and by sale) and other information which may be deemed necessary by the City.

The commercial cannabis business shall ensure that such system is compatible with the City'

s record- keeping systems and can produce historical transactional data for review. The system must be approved by the City Manager prior to being used by the permittee.

4. 7 Persons under the age of 21 shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It is unlawful and a violation of FMC Chapter 10E for any person to employ any person at a commercial cannabis business who is not at least 21 years of age. Notwithstanding the above, persons who are at least 18 years old and in possession of a valid physician' s recommendation and/ or Health and Safety Code Section 11362. 71 identification card (" Medical Marijuana Card") may be granted access to a retail cannabis business for the sole purpose of purchasing medicinal cannabis or medicinal cannabis products consistent with the physician' s recommendation.

4.8 Minimum training standards shall be established for all employees in accordance with the training standards included in AUTHENTIC FAIRFIELDLLC's application and any Federal, State, or local law, rule, or regulation. The City Manager shall have the discretion to require additional training should the City identify deficiencies or non- compliance issues with City or State requirements.

4. 9 AUTHENTIC FAIRFIELD LLC shall maintain the property in a clean and orderly condition at all times and remove all litter from the exterior areas around the premises, including adjacent public sidewalk areas and parking areas, no less frequently than once each day prior to the close of business.

5. 0 SECURITY

5.1 The final Security Plan shall be in substantial conformance with AUTHENTIC FAIRFIELDLLC's application and shall comply with the requirements of FMC Chapter 10E Section 22, Security Measures. The final Security Plan shall be reviewed and approved by the Chief of Police prior to the issuance of a commercial cannabis business permit.

5.2 AUTHENTIC FAIRFIELD LLC shall contract with a security firm licensed by the State of California' s Bureau of Security and Investigative Services to provide a minimum of two licensed, uniformed, on -site security guards during operating hours and one licensed, uniformed, on -site security guard during non - business hours.

5.3 All owners of AUTHENTIC FAIRFIELDLLCmust undergo a criminal history background check to demonstrate that they do not provide " good cause" for denial per FMC Sections 10E. 7 and 10E.21. All owners shall submit to a Live Scan prior to permit issuance in order to complete the background check process. This will require the owner( s) to submit fingerprints to the city.

The process will be conducted by the Fairfield Police Department, which will submit the Live Scan to the DOJ/ FBI to review for criminal offender record information ( CORI). The CORI reports will be provided to the City for the sole purpose of determining eligibility for operating

a commercial cannabis business. The Live Scan process must be completed prior to issuance of the commercial cannabis business permit.

5. 4 Before the date of hire or within 30 calendar days of issuance of a commercial cannabis business permit, whichever is later, AUTHENTIC FAIRFIELD LLC shall identify each prospective employee and submit for each: the name, address, telephone number, title, primary responsibility( ies), and a valid government - issued form of identification, together with any other related information requested by the Chief of Police for the purpose of conducting mandatory background checks. Evidence that a prospective employee has been convicted of any the offenses listed in FMC Section 10E.21(b) shall be grounds for denial of employment.

If AUTHENTIC FAIRFIELD LLC wishes to hire an individual despite such conviction, it shall appeal to the Chief of Police, who at his or her sole discretion may issue a written waiver.

5. 5 AUTHENTIC FAIRFIELD LLC shall provide the City Manager with the name, telephone number both land line and mobile, if available) of an on- site employee or owner to whom emergency notice can be provided at any hour of the day. AUTHENTIC FAIRFIELDLLCshall ensure such contact information remains current for the duration of the commercial cannabis permit.

5.6 AUTHENTIC FAIRFIELD LLC shall prohibit loitering by persons outside the facility on the premises and shall notify the Fairfield Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual( s) and the action has failed to do so in a timely manner.

6. 0 SITE DEVELOPMENT

6.1 The building design and construction for the business, including, but not limited to, floor plan, site plan, landscape plan, and building fagade, shall be in substantial conformance with the plans provided in AUTHENTIC FAIRFIELD LLC's application.

6.2 Before a building permit may be issued, AUTHENTIC FAIRFIELDLLCshall submit all building design, construction, and/ or improvement plans for the business to the Community Development Department for the purposes of verifying compliance with site development conditions of approval; provided, however, that if Minor Discretionary Review, Plan Review, or other land use approvals are required, such plans may be submitted as part of that entitlement process.

6. 3 AUTHENTIC FAIRFIELD LLC shall retain and maintain on -site parking which meets the requirements of the City of Fairfield Zoning Ordinance, at all times. One on -site parking space shall be required for every 200 square feet of floor area. If the business is to operate out of a multi -tenant building, AUTHENTIC FAIRFIELDLLCshall provide verification that the required number of parking spaces necessary to serve the business shall be reserved for said business.

Verification shall be in the form of lease agreement or other binding document subject to the review and approval of the Community Development Department.

6.4 Prior to commencing operations, AUTHENTIC FAIRFIELDLLCshall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone.

This includes but is not limited to obtaining any required building permit( s), Fairfield Fire Department approvals, and Health Department approvals.

6.5 AUTHENTIC FAIRFIELD LLC shall comply with Fairfield Fire Department & Building Code requirements as contained in the attached document " Building and Fire Code Requirements for Cannabis Related Occupancies".

6.6 The final Safety Plan shall be in substantial conformance with AUTHENTIC FAIRFIELD LLC's application and shall be reviewed and approved by the Fairfield Fire Department prior to the issuance of a commercial cannabis business permit.

6.7 AUTHENTIC FAIRFIELDLLCshall ensure that landscaping is maintained in a healthy and well - kept manner at all times. Dead or damaged landscape material/ vegetation shall be replaced immediately per the approved landscape plan. The irrigation system shall be maintained at all times. Trees shall be permitted to grow to their maximum height.

6.8 AUTHENTIC FAIRFIELDLLCshall ensure that the building is maintained in good condition at all times.

6.9 AUTHENTIC FAIRFIELDLLCshall ensure that the driveway and parking areas are maintained in good condition at all times.

6. 10 AUTHENTIC FAIRFIELD LLC shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights- of -way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, AUTHENTIC FAIRFIELD LLC must install and maintain the following equipment, or any other equipment which the City Manager determines is a more effective method or technology:

6. 10. 1 An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

6.10.2 An air system that creates negative air pressure between the commercial cannabis business' s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

7. 0 SIGNS

7. 1 Business identification signage for AUTHENTIC FAIRFIELD LLC shall conform to the requirements of the City' s Sign Ordinance, including, but not limited to, seeking the issuance of a City sign permit.

7. 2 No cannabis or cannabis products, or graphics depicting cannabis or cannabis products, shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business.

7.3 No signs shall obstruct any entrance, exit, or window of the commercial cannabis business.

7. 4 Each entrance shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

7. 5 The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 is permitted to enter the premises.

7.6 Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right- of- way.

7. 7 No banners, flags, a- frames, inflatables or billboards, or other prohibited signs may be used at any time.

7.8 AUTHENTIC FAIRFIELDLLCunderstands and agrees that it is prohibited from advertising any commercial cannabis business located in the city utilizing a billboard fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

8. 0 INDEMNIFICATION AND INSURANCE

8.1 By accepting the commercial cannabis business permit, AUTHENTIC FAIRFIELDLLCagrees to indemnify, defend ( at applicant' s sole cost and expense), and hold harmless the City and its officers, officials, employees, representatives, and agents, from any and all claims, damages, injuries, liabilities, or losses (including attorney and expert witness fees) which arise out of, or which are in any way related to, the City' s issuance of the commercial cannabis business permit or other pertinent approvals to AUTHENTIC FAIRFIELDLLC, the process used by the City in making its decisions, the alleged violation of any federal, state, or local laws by AUTHENTIC FAIRFIELD LLC' s commercial cannabis business operations, or the operations or

activities of AUTHENTIC FAIRFIELD LLC or any of its officers, employees or agents. The requirements of this Section 8. 1 shall survive expiration or termination of the commercial cannabis business permit.

8. 2 By accepting the commercial cannabis business permit, AUTHENTIC FAIRFIELD LLC agrees that it shall reimburse the City for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City may be required to pay as a result of any legal challenge related to the City' s approval of the commercial cannabis business permit or the operations of AUTHENTIC FAIRFIELDLLC's commercial cannabis business in the City. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed by this section. The requirements of this Section 8. 2 shall survive expiration or termination of the commercial cannabis business permit.

8.3 AUTHENTIC FAIRFIELDLLC shall procure and maintain for the duration of the commercial cannabis business permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with commercial cannabis activities by AUTHENTIC FAIRFIELD LLC, its agents, representatives, employees, or subcontractors.

8. 3. 1 MINIMUM SCOPE AND LIMITS OF INSURANCE

8.3.1.1 Commercial General Liability coverage ( occurrence Form CG 00 01) with minimum limits of $ 2,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/ location orthe general aggregate limit shall be twice the required occurrence limit.

8.3.1.2 Automobile Liability coverage ( Form CA 00 01 with Code 1 — any auto) with minimum limits of $ 1,000,000 per accident for bodily injury and property damage.

8.3.1.3 Workers' Compensation insurance as required by the State of California and Employers' Liability insurance, each in the amount of $ 1,000, 000 per accident for bodily injury or disease.

8. 3. 2 OTHER INSURANCE PROVISIONS

8.3.2.1 Any deductibles or self -insured retentions must be declared to and approved by the city. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees, and volunteers; or AUTHENTIC FAIRFIELDLLCshall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

8. 3. 2. 2 The general and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a) The CITY, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of AUTHENTIC FAIRFIELDLLC; products and operations of AUTHENTIC FAIRFIELD LLC; premises owned, occupied, or used by AUTHENTIC FAIRFIELD LLC; and automobiles owned, leased, hired, or borrowed by AUTHENTIC FAIRFIELD LLC. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, or volunteers.
b) For any claims related to the commercial cannabis business permit or business operations, AUTHENTIC FAIRFIELD LLC' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees, or volunteers shall be excess of AUTHENTIC FAIRFIELD LLC' s insurance and shall not contribute with it. AUTHENTIC FAIRFIELD LLC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability. c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
d) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce AUTHENTIC FAIRFIELD LLC's policy limits of coverage.

Therefore, the requirements for coverage and limits shall be ( 1) the minimum coverage and limits specified herein, or ( 2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

8.3.2.3 Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City.

8.3.2.4 AUTHENTIC FAIRFIELD LLC shall furnish the City with original endorsements effecting coverage required by this provision. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85,

subject to City approval; and submitted electronically through the Exigis insurance system to: certificates- fairfield@riskworks. com. All insurance certificates and endorsements are to be received and approved by the City before issuance of the commercial cannabis business permit. At the request of the City, AUTHENTIC FAIRFIELD LLCshall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

9. 0 APPLICANT CONSENT
I hereby declare under penalty of perjury that I am authorized to sign on behalf of AUTHENTIC FAIRFIELD LLC and by signing these conditions of approval AUTHENTIC FAIRFIELD LLC agrees to all conditions contained herein and shall satisfy all conditions prior to the issuance of a commercial cannabis business permit, unless noted otherwise.

Signature: Date:

Name:

Title:

The original, signed conditions of approval and related supporting material shall be retained on file by the City of Fairfield. A copy of these signed conditions of approval shall be maintained on -site of the business and shall be provided for review upon request by any law enforcement officer or City official.

EST. 1865
FIRE DEPT.

Fairfield Fire Department & Building Code
Requirements
Building and Fire Code Requirements
for
Cannabis Related Occupancies
The following regulations pertain to City of Fairfield Building Division and Fire Department requirements for the permit application, plan review, approval, and inspection of cannabis related occupancies. The requirements listed below are intended to assist the applicant with some of the requirements applicable to a Building Division permit submittal, and are not to be considered an all- inclusive listing of Building and/ or Fire Code requirements for plan approval or permit issuance. Only items pertinent to each specific submittal are to be included. Every listed item will not necessarily be applicable to all projects.

General Requirements

1. A building permit is required to verify occupancy for a cannabis facility, even if no improvements or modifications to the property are proposed. The building permit application must meet the City's general building permit submittal requirements.

2. Construction plans, calculations and related documentation supporting the building permit application are required per the California Building Code Section 105 when the owner or occupant intends to construct, enlarge, alter, remove, repair, demolish, or change the occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Building and/ or Fire Code; or to cause this work to be done. As a minimum, a site plan and floor plan of the proposed occupancy shall be submitted for all proposed projects.

3. All Building permit design and supporting documentation is required to be prepared, stamped, and signed by qualified design professionals licensed and registered by the state of California. California Business and Professions Code ( B& PQ § 5536. 1 and 6735.

4. An application for a building permit will not be accepted for a cannabis related business without confirmation that all discretionary approvals have been obtained or a zoning clearance has been issued.

5. All construction and related work must be performed by contractors licensed by the State of California as general and/ or specialty contractors for the specific discipline of work to be performed.

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6. All design and construction shall be consistent with the provisions of the City of Fairfield Municipal Code and the current edition of the California Building and Fire Codes as adopted by the California Building Standards Commission, and as amended by the Santa Rosa City Code.

7. A City of Fairfield building permit application form must be completed in its entirety and included with each submittal.

8. Codes and Standards regulating cannabis facilities currently adopted and/ or recognized by the City of Fairfield include, but are not limited to:

A. California Building Code (CBC)
B. California Electrical Code ( CEC)
C. California Mechanical Code ( CIVIC)
D. California Plumbing Code (CPC)
E. California Energy Code
F. California Fire Code ( CFC)
G. California Existing Building Code ( CEBC)
H. California Green Building Standards Code (CalGreen)
I. California Existing Building Code ( CEBC)
J. California Health and Safety Code (H&SC)
K. California Business and Professions Code ( B& PC)
L. National Fire Protection Association Standards ( NFPA) M. Medical and Adult Use Cannabis Regulation and Safety Act ( MAUCRSA) N. Fairfield City Code ( FCC)

9. A project specific submittal package is required for each individual building and building address, or each tenant in multi -tenant buildings. A minimum of 3 sets of plan documents, 2 sets of Title 24 energy compliance documentation and 2 sets of CALGreen check lists are required at time of submittal. Additional documentation may be required for structural modifications and/ or additions to existing building or structures. Contact the Building Permit Center for final determination of required documentation for submittal.

10. The plan review fees must be paid in full before the plans will be accepted for plan review.

11. Construction or work for which the permit is required shall be subject to inspection by the Building Division and/ or Fire Department, and such construction or work shall remain accessible and exposed for inspection purposes until approved. No construction shall commence prior to the issuance of a Building permit.

12. No building or structure shall be used or occupied, and no change in the existing occupancy classification of the building or structure or portion thereof shall be made, until the Building Official has issued a certificate of occupancy. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of applicable codes and standards or the other regulations of the State of California or the City of Fairfield.

13. The owner/ occupant is required to keep all City approved plans, specifications, and related documents on the premises, in an easily accessible location for City inspection staff for the required inspections.

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Building Code Repuir' ements ( applicableto all occupanciesand MAUCRSApermit types)

1. The height and area of all structures shall be designed and detailed for compliance with CBC Chapter 5.

2. The Building Official shall determine the Occupancy and Construction Type of the proposed facility, and such occupancy designation shall be clearly identified by the applicant on the construction plan documents consistent with the requirements of CBC Chapter 6.

3. All fire rated elements in the space must meet the applicable requirements of CBC Chapter 7.

4. Applicable Means of Egress requirements shall be consistent with CBC Chapter 10. The design for the occupant load based on CBC Chapter 10, § 1004. Unless otherwise determined by the Building Official, growing, storage and shipping areas are 300 sq. ft. per person; cannabis manufacturing, processing, and infused products preparation, testing and business areas are 100 sq. ft. per person.

5. The minimum required exit width shall be consistent with CBC § 1005.

6. The means of egress, including the exit discharge, shall be illuminated at all times the building space is occupied in accordance with CBC § 1008.

7. Accessible means of egress is required. Accessible means of egress shall comply with CBC § 1009. Occupiable spaces shall be provided with not less than one accessible means of egress. Where CBCrequires more than one means of egress from any space, each portion of the space shall be served by not less than two accessible means of egress. § 1015.1 or § 1021.1. An accessible route of travel shall be provided and maintained between multiple required exits from any space or building including cultivation areas.

8. The minimum width of stairways shall be consistent with CBC § 1005. 1, but such width shall not be less than 44 inches. CBC § 1009. 2

9. Exits and exit accessdoors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that no point in an exit access corridor or exit passageway is more than 100 feet or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign.

CBC § 1011.

10. Two exits are required from all spaces when the occupant load is greater than 49 occupants and/ or the common egress path of travel distance exceeds 75 feet, CBC § 1014. 3 & § 1015. 1 ( NOTE: In other than H Occupancies, A 100- foot common path travel distance is allowed if the building is equipped with an automatic fire sprinkler system in accordance with CBC § 903. 3. 1. 1).

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11. Corridors shall be fire - resistance rated in accordance with CBC Table 1018. 1. The corridor walls required to be fire - resistance rated shall be consistent with CBC § 709 for fire partitions.

12. All spaces within each story shall have accessto the minimum number of approved independent exits as specified in CBC Table 1021. 1 based upon the tributary occupant load of the space and story.

13. Exits shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide direct access to grade. The exit discharge shall not re- enter a building, and shall provide a compliant path of travel to the Public Way. CBC § 1027.

14. Interior finish requirements based on occupancy type of group. Interior wall and ceiling finishes shall have a flame spread index not greater than that specified in CBCTable 803.9 for the group and location designated.

Interior wall and ceiling finish materials tested in accordance with NFPA286 and meeting the acceptance criteria of CBC § 803.1.2.1, shall be permitted to be used where a ClassA classification in accordance with ASTM E 84 or UL 723 is required. CBC § 803. 9.

15. All materials used as interior finishes, trim and decorative materials must comply with the provisions of CBC 803 " Wall and Ceiling Finishes" and the flame spread rating for interior finishes or covered with a thermal barrier per CBC § 2603.4. Plastic film, foam plastic insulation and the paper facing on fiberglass insulation must be rated or covered with an approved thermal barrier.

16. The ventilation, temperature control, lighting, yards and courts, sound transmission, room dimensions, surrounding materials and rodent proofing associated with the interior spaces of buildings shall be consistent with CBC Chapter 12, " Interior Environment".

Accessibility Requirements ( applicableto all occupanciesand MAUCRSApermit types) Accessibility requirements are based on standards outlined in CBCChapter 11-B. Access shall be provided throughout the building for individuals with disabilities.

Accessibility requirements apply to sites, building, structures, facilities, elements, and spaces, temporary or permanent to provide access to individuals with disabilities. This includes anyone who utilizes a space, including occupants, employees, students, spectators, participants, and visitors. Minimum scoping and technical requirements are set forth in CBC Chapter 11- B. New buildings, structures, facilities, elements, and spaces must comply in their entirety. Additions and alterations to existing buildings or facilities must comply with CBC § 116- 202.4. Alterations that decrease accessibility are prohibited.

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The following is a list of some of the elements of required accessfor individuals with disabilities:

Path of travel reauirements.

When alterations or additions are made to an existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:

A. A primary entrance to the building or facility,
B. Toilets and bathing facilities serving the area,
C. Public telephones serving the area, and
D. Signs.

1. Interior accessible path of travel shall address all the following:

A. Accessible routes to all functional areas.

B. Common use circulation paths with employee work areas.

C. Clear width of walking areas.

2. Door or gate information should include:

A. Required clear width dimensions.

B. Maneuvering clearances.

C. Level landings on each side of doors or gates.

D. Required threshold dimensions and geometry.

E. Door or gate hardware should not require tight grasping, pinching, or twisting of the wrist.

F. Required smooth surface dimensions on push side of the door within the finish floor or ground.

3. Restroom information should include:

A. Turning space within the room.

B. Door swing not in the clear space of any fixture ( except for a single user).

C. Mirrors and accessories.

D. Clear floor space at fixtures.

E. Compartment configuration side and end entry, toe clearances.

F. Side and rear grab bars.

G. Accessible lavatories ( sinks), heights and knee clearances.

H. Restroom symbols on doors.

I. Shower compartments ( if any) must be accessible.

J. Drinking fountains.

4. Miscellaneous elements include:

A. Dressing and locker rooms.

B. Storage.

C. Exit signs ( tactile)
D. Signs.

E. Benches.

F. Dining or break room tables.

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G. Electrical switches, controls, and electrical receptacle outlets.

H. Kitchen and common sinks.

5. Site plan should include information on site accessibility features including:

A. Arrival points including parking area access points and signage from the public way.

B. The location and number accessible parking stalls and the number of standard parking stalls.

C. Access aisles from parking.

D. The slope of the accessible parking spaces and access aisles.

E. The identification at accessible spaces and/ or lot entrances.

F. A clear accessible egress path of travel to the adjoining public way.

Fire Code Renuif ements ( applicableto all occupanciesand MAUCRSApermit types) All applicants will need to provide a detailed written scope of work related to all business activities, equipment and products utilized in their business model or process in compliance with the current Edition of the 2019 California Building and Fire Codes. List license type( s) proposed, storage configurations, equipment type and location, and hazardous materials to be stored and utilized. Prior to finalization of Building Permit, annual operation permits will need to be secured with the Fire Department.

1. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in CFC § 903 and as amended by the City of Fairfield Fire Code. A change in the occupancy of the space, substantial alterations, or an expansion of square footage, may require the installation of a fire suppression system for the proposed space.

2. Automatic fire -extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested, and maintained in accordance with the provisions of CFC § 903 and the applicable referenced standards.

3. An approved fire alarm system installed in accordance with the provisions of the CFCand 2019 NFPA 72 shall be provided in new buildings and structures in accordance with CFC § 907. 2 and provide occupant notification in accordance with CFC § 907. 6 as well as specific requirements detailed in CFC.

4. Duct smoke detectors complying with UL 268A shall be installed in accordance with the CBC, CFC, CIVICand NFPA 72.
a. In the main return air and exhaust air plenum of each air-conditioning system having a capacity greater than 2,000 CFM. Such detectors shall be located in a serviceable area downstream of the last duct inlet.
b. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air-conditioning system.

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5. Portable fire extinguishers shall be installed in F, B, H, and U occupancy groups per CFC § 906. The size and distribution of portable fire extinguishers shall be in accordance with CFC § 906.

6. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life- saving or fire -fighting purposes, the Fire Code Official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the Fire Code Official per CFC § 506. 1

7. The provisions of CFC § 407 shall be applicable where hazardous materials subject to permits under CFC § 5001.5 are used and/ or stored on the premises or where required by the Fire Code Official.

8. Storage, use and handling of compressed gases in compressed containers, cylinders, tanks, and systems shall comply with CFCChapter 53 including those gases regulated elsewhere in the CFC and/ or any applicable NFPAStandards as determined by the Fire Code Official. Partially full compressed gas container, cylinders or tanks containing residual gases shall be considered as full for purposes of the controls required.

9. Compressed gases classified as hazardous materials shall also comply with CFCChapter 50 for general requirements and chapter addressing specific hazards, including CFCChapters 58 Flammable Gases), 60 (Highly Toxic and Toxic Materials), 63 (Oxidizer, Oxidizing Gases, and Oxidizing Cryogenic Fluids) and 64 (Pyrophoric Materials) and/ or any applicable NFPAStandards as determined by the Fire Code Official.

10. The storage, use and handling of all hazardous materials shall be in accordance with CFCChapter 50 and California Health and Safety Code requirements. The maximum allowable quantity ( MAQ) of hazardous materials per control area will be established using CFC § 5003. 1. Applicant will need to contact the Fire Department for hazardous materials storage permitting and approval.

11. Hazardous Materials Inventory Statement ( HMIS) per CFC § 5001. 5. 2. An application for building permit shall include an HMIS. The HIMS shall include the following information:

A. Product name.

B. Component.

C. Chemical Abstract Service ( CAS) number.

D. Location where stored or used.

E. Container size.

F. Hazard classification.

G. Amount in storage.

H. Amount in use - closed systems.

I. Amount in use - open systems.

J. Safety Data Sheets (SDS) for all proposed materials
The business will also need to comply with electronic reporting requirements specific to the California Environmental Reporting System ( CERS). Applicants will need to contact the Fire Department for direction and permitting related to hazardous materials inventory reporting amounts.

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12. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in CFC § 310.

13. Storage of combustible materials in buildings shall be orderly. Storage shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur per CFC § 315.

14. Any security device or system that emits any medium that could obscure a means of egress in any building, structure or premise shall be prohibited per CFC § 316. 5.

15. Reporting of emergencies, coordination with emergency response forces, emergency plans and procedures for managing or responding to emergencies shall comply with the provisions of CFC § 401.

16. Emergency evacuation drills complying with provisions of the Fire Code shall be conducted at least annually for Group H and Group Foccupancies listed in section CFC § 403 or when required by the Fire Code Official.

CFC § 405.

17. High - piled storage or rack storage in any occupancy group shall comply with the CFC Chapter 32.

MAUCRSA Permit Specific Requirements
The requirements in this section are related to specific permit types as outlined in the Medical and Adult Use Cannabis Regulation and Safety Act ( MAUCRSA)
Cultivation Facilities ( MAUCRSA permit types 1- 5)

1. An Annual Fire Department Operational Permit is required for all cannabis cultivation facilities.

2. Cannabis Cultivation facilities shall be consistent with CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Factory Industrial, F-1, Moderate - hazard Occupancy. CBC § 306. 2.

3. Cannabis Cultivation facilities for the exclusive use of plant production may be classified as a U occupancy and shall be consistent with the requirements of CBC Appendix C.

4. Cultivation areas shall be considered " wet locations" as they are subject to wash down. Indoor wet location wiring methods shall meet requirements of CECarticle 300. 6.

5. Grow lights must be installed per the manufacture instructions and wired per CEC article 410.

A. Remote ballasts shall be installed as near to the lamp as practicable to keep the secondary conductors as short as possible. CEC article 410. 144( B).

B. Ballast secondary cord/ conductors cannot pass through partitions and must be visible its entire length outside the fixture. CEC article 410. 62( C)( 1).

C. All grow lights shall be controlled by a multi -level astronomical time switch.

6. High -Intensity Discharge Lighting. Luminaires that use a Metal Halide lamp, other than a thick- glass parabolic reflector lamp ( PAR), shall be provided with a containment barrier ( LENS) on the fixture. CEC article 410. 130( F)( 5).

7. NM cable ( Romex) is not allowed for use in damp locations ( cultivation rooms) ( CEC § 334. 10). Approved wiring methods utilized in cultivation facilities shall be consistent with " Wet Use" Wiring Methods and Materials, ( CEC Chapter 3).

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8. Cultivation areas shall be supplied with ventilation at a minimum rate of 15 cfm/ person for the number of occupants. The minimum occupant load for ventilation design shall be specified by the building designer, and shall not be less than one half of the maximum occupant load assumed for egress purposes as specified in the California Building Code, whichever is greater. ( CIVIC table 402. 1 footnote 4 & CEC subchapter 120. 1( b).

9. All applications for a cultivation occupancy shall include an odor mitigation plan certified by a qualified licensed professional engineer that includes the following:

A. Operational processes and maintenance plan, including activities undertaken to ensure the odor mitigation system remains functional;
B. Staff training procedures;
C. Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources.

All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry -specific technologies designed to effectively mitigate cannabis odors

10. Cultivation facility exhaust outlets must be located at least 10' from the property lines, operable openings into the building and from mechanical air intakes ( CIVIC § 506. 9).

11. A separate permit from the Fire Department is required for CO2enrichment systems used within any cultivation system and room. Separate monitoring alarm systems shall be provided in all buildings, areas or rooms which use CO2enrichmentManufacturing;
Facility ( MAUCRSA permit type 6, N, P) 1.

AnAnnualFire DepartmentOperational Permit is requiredfor all cannabismanufacturingfacilities. 2.

AllPlantProcessingand Extractionfacilities shall complywith CFC Chapter39. 3.

Facilitiesused for processingcannabis into foods, beverages, salves, inhalants, tinctures or otherforms for human consumptionor useare subjectto reviewand approvalby theSolanoCounty EnvironmentalHealth Division.

A separatepermit applicationis requiredthrough their office. Buildingpermits will not be issuedprior to planapprovalfrom HealthDepartment. Final occupancywill not be grantedprior to fieldinspectionand approvalfrom Health Department. 4.

Type6 ( non-volatile) manufacturingfacilities shall complywith CBC, Chapter3 requirementsbased upon Use and OccupancyClassificationfor a FactoryIndustrial, F- 1, Moderate -Hazard Occupancy. High pressureCO2 extraction may requireclassificationas a HighHazardH- 2 Occupancybased upon systempressure and/ or volume. CBC § 306 and 307. 5.

Type7 ( volatile) manufacturingfacilities are to meetCBC, Chapter3 requirementsbased upon Use and Occupancy Classificationfor a FactoryIndustrial, F- 1, Moderate -Hazard Occupancy, or HighHazardGroup H- 2 basedupon the MaximumAllowed Quantities (MAQ) of hazardous, dangerous, flammable, or combustible materials used and/ or storedin thefacility. CBC § 306 and 307. 6.

Extractionprocesses utilizing flammablegasses or flammablecryogenic fluids shall not be locatedin a building containinga GroupA, E, I, orR occupancy. CFC § 3903. 2 7.

Cannabismanufacturingfacilities shall submitas a partof theirpermitapplicationa comprehensivedescription of theprogramand all processesproposed for the operationand productionat thefacility. The documentation shall, as applies, include ( but not be limitedto) all thefollowing:

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A. A written narrative that specifies all means, methods, materials, and equipment to be used for extracting, heating, washing, infusing, cooking, baking or otherwise combining, or changing the form of the cannabis plant; all methods and equipment used for testing any cannabis or cannabis product; all methods, materials, and equipment used for processing and packaging the final product; all means, methods, and quantities for storage of raw and processing materials, and final products.

B. A description of all toxic, dangerous, hazardous, volatile, flammable, or other materials regulated by the CBC, CFC, or any other federal, state, or local government codes and standards that will be used, stored, processed, or created at the facility; the quantities of such materials used at each location within the facility; and the manner and quantity in which such materials will be stored.

C. Material Safety Data Sheets for all proposed toxic, dangerous, hazardous, volatile, or health hazard materials proposed for storage and use within the facility.

8. Concentrations of grease, smoke, heat, steam, off -gassing, or products of combustion created when cannabis is manufactured into products including, but not limited to, foods, beverages, salves, inhalants, and tinctures are to be contained as detailed in the CIVIC § s 506 and 507 ( Type I and Type II hoods). Hoods that are utilized for the removal of grease laden vapors shall be protected by a fixed engineered extinguishing system. Contact the Fire Department for verification of requirements.

9. Sanitation requirements for facilities used for processing cannabis into foods, beverages, salves, inhalants, and tinctures shall meet the requirements of Solano County Environmental Health Department. The following are general guidelines that are to be detailed on the drawings submitted for review:

A. Location of hand wash sinks.

B. Hand sinks must be conveniently located for employees.

C. Hand sinks shall only be used for hand washing ( maximum water temperature of 110 degrees is to be maintained through an appropriate mixing valve).

D. Sinks used for food or medicine preparation or for washing equipment shall not be used for hand washing.

E. How dishes will be washed. CPC § 802. 1 requires all food handling and health care related fixtures, devices, and equipment to discharge through indirect waste lines into a floor sink.

F. Contact surfaces shall be smooth, free of breaks, open seams, cracks, chips, pits and similar imperfections, free from sharp internal angles, corners, crevices, finishes to have smooth welds and joints.

G. Equipment containing bearings and gears shall be designed, constructed, and maintained to ensure that it meets food and health requirements ( washing machines are not listed for food or health related preparations).

H. All rooms shall have sufficient ventilation to keep them free from excessive heat, steam, condensation, vapors, odors, smoke, and fumes per CIVIC chapters 4 and 5.

I. Table or counter mounted equipment shall be installed to facilitate the cleaning of the equipment and adjacent areas by being sealed to the surface or elevated by at least four inches.

J. Three compartment sinks are required for washing, rinsing, and sanitizing equipment and utensils.

K. At least one utility or mop sink must be provided.

L. Garbage and refuse shall be stored in a manner to be inaccessible to insects and rodents.

M. Floors shall be smooth, durable, nonabsorbent, light colored and maintained in good repair.

N. Walls and ceilings must be smooth and easily cleanable.

0. Hazardous materials waste discharge to the sanitary sewer is prohibited.

10. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with CFC, NFPAStandards, H&SCand CCR, including those gases regulated elsewhere in this code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required.

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Compressed gases classified as hazardous materials shall also comply with CFCChapters 50 and 53 for general requirements and chapters addressing specific hazards, including Chapters 58 Flammable Gases), 60 (Highly Toxic and Toxic Materials), 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and 41 (Pyrophoric Materials).

EXTRACTION EQUIPMENT

11. If cannabis plant oil extraction is proposed, provide complete details of the proposed extraction process as a part of the comprehensive narrative description outlined in item # 7 above. Extraction description shall include:

A. Types of extraction proposed ( CO2, Butane, Propane, ethanol etc.) B. Number of extraction equipment units proposed
C. Manufacturers cut - sheets for all listed equipment
D. Description of basic design of non - listed equipment E. Resume of qualifications and experience of proposed independent equipment certification engineer F. Description of proposed exhaust systems
G. Description of monitoring and alarm systems
H. Description for storage and use of raw and production materials I. MAUCRSA Permit type ( Type 6 or 7)
J. Description of employee safety program

12. Extraction equipment shall be located in an enclosed room fully separated from all other areas of the facility. Multiple extraction units contained in a single room shall comply with all requirements for occupancy type and MAQ quantities allowed for type of extraction proposed. All extraction units contained in a single room shall be of the same type.

13. Exit doors from any and all rooms containing extraction equipment shall swing in the direction of egress path of travel.

14. A local hydrocarbon, solvent vapor, or CO2 detection and alarm system consistent with CFC requirements shall be used in all extraction and material storage areas as determined by the Fire Code Official. A separate permit from the Fire Department is required for all detection and alarm systems.

15. The use of propane, butane, hexane, or other similar flammable hydrocarbon gasses in open systems is prohibited by Santa Rosa City Code. Closed hydrocarbon systems are approved by permit only after review to confirm that the system follows the CBC, CFC, and Fairfield City Code requirements.

16. Closed hydrocarbon system rooms shall include a low level (typically floor level) mechanical exhaust system minimum 1 CFM/ sq. ft. of floor area) or a hazardous exhaust hood or other system listed and rated for exhausting flammable vapors to capture any possible vapor release. Hydrocarbon extraction ventilation and exhaust systems shall be designed by a licensed mechanical engineer.

17. Where closed hydrocarbon systems use refrigeration recovery units, the unit must be rated for use with hydrocarbon refrigerants.

18. CO2supercritical extraction relief venting shall be piped to the exterior of the building.

19. The use of alcohol or other volatile, flammable, combustible solvents in open systems is prohibited by Fairfield City Code. Closed solvent systems are approved by permit only after review to confirm that the system follows the CBC, CFC, and Fairfield City Code requirements

Building and Fire Code Requirements for Page 12
Cannabis Related Occupancies April 22, 2020

20. Alcohol or other volatile, flammable, combustible solvent extractions or post production treatment where the liquid is heated, boiled, distilled, or evaporated shall be contained within a closed loop system and shall be consistent with the CFCand Fairfield City Code. The proposed solvents ( typically alcohol) shall be clearly identified including type, use and storage in the narrative description noted under item # 5 above.

21. Rooms containing extraction equipment using volatile, flammable, or combustible materials and areas adjacent to extraction rooms shall include Class 1 Division 2 rated electrical fixtures, equipment, and wiring methods consistent with California Electrical Code Article 500.

22. Closed solvent extraction system rooms shall include a mechanical exhaust system ( minimum 1 CFM/ sq. ft. of floor area) or a hazardous exhaust hood or other system designed for or specifically listed and rated for exhausting flammable and/ or volatile vapors to capture any possible vapor release. Solvent extraction ventilation and exhaust systems shall be designed by a licensed mechanical engineer.

23. Systems and/ or equipment used for extraction shall be listed for the specific use. If the systems and/ or equipment is not listed, then the systems and/ or equipment shall be reviewed and analyzed by an independent approved California licensed professional engineer. The reviewing engineer shall prepare a technical report based upon analysis of the systems and/ or equipment. The report shall be consistent with CFC § 3904. 3. The report shall include but not be limited to:

1. Equipment manufacturer information

2. Name and contact information of report author

3. Date of report and revision history

4. Preparers engineering stamp and signature

5. Equipment model number and/ or description

6. Description of the design and review methodology

7. Equipment description

8. General flow schematic

9. Pressure vessel analysis

10. Structural analysis of the frame supporting equipment and seismic anchorage of equipment

11. Process safety analysis

12. Comprehensive process analysis

13. Review of assembly instructions, operational and maintenance manuals

14. List of standards and references used in the analysis Report is to be provided for review by the Building Official and Fire Code Official at the time of building permit submittal. Deferred approval of extraction equipment is not allowed.

24. Certification from a California Licensed Engineer confirming field review of the extraction facility and verifying all extraction equipment assembly, installation, and the improvements associated with such equipment are constructed and installed consistent with the approved equipment design and supporting documents. This written certification shall be submitted at final inspection. This certification shall be reviewed and approved by the Building Official and Fire Code Official prior to issuance of occupancy. CFC § 3904. 4

25. All extraction equipment shall be subject to annual re -certification by a California licensed engineer. A current report shall be maintained on site for review by the Fire Department during the annual inspection of the facility.

Building and Fire Code Requirements for
Cannabis Related Occupancies

April 22, 2020

26. Additions, alterations, or repairs to previously approved extraction equipment shall be reviewed and analyzed by an independent approved California licensed professional engineer consistent with the requirements of CFC § 3904. 3. A new and/ or revised report outlining all equipment modifications shall be submitted for review and approval by the Building Official and fire Code Official prior to operation of the modified equipment.

Testing/ Laboratory ( MAUCRSA permit type 8)

1. An annual Fire Department Operational Permit is required for all Testing and Laboratory facilities.

2. Testing/ Laboratory facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Business Group, B, Occupancy. CBC § 304. 1.

3. Exhaust hoods shall meet the requirements of CIVIC § s 506, 507 and 508.

4. Hazardous materials storage, use, handling, and wastes shall be permitted and reported through the Fire Department prior to operation.

Retail ( MAUCRSA permit 10)

1. Cannabis Retail facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Mercantile Group, M, Occupancy. CBC § 309. 1.

2. Cannabis consumption areas associated with retail facilities shall meet CBC Chapter 3 requirements based upon use and occupancy classification A- 2.

3. Retail areas including display cases, checkout counters, credit card readers or point of sale devices shall be accessible to persons with disabilities consistent with the requirements of CBCChapter 11B.

4. Retail facilities where cannabis foods, beverages, salves, inhalants, tinctures, or otherforms intended for human consumption or use are sold are subject to review and approval by the Sonoma County Environmental Health Division. A separate permit application is required through their office. Building permit will not be issued prior to plan approval from Health Department. Final occupancy will not be granted prior to field inspection and approval from Health Department.

Distribution Facilities ( MAUCRSA permit type 11)

1. An annual Fire Department Operational Permit is required for all Distributor facilities.

2. Distributor facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Storage Group, S, Occupancy. CBC § 311. 1.

A. Facilities that include storage and distribution of food products in non-combustible containers shall be classified in Occupancy Group S-2 " Low Hazard Storage". CBC § 311. 3.

B. Facilities that include storage and distribution of all other cannabis packaged and manufactured products shall be classified in Occupancy Group S-1 "Moderate Hazard Storage". CBC § 311. 2.

Building and Fire Code Requirements for
Cannabis Related Occupancies
Microbusiness ( MAUCRSA)

April 22, 2020

1. Cannabis microbusiness facilities containing cultivation, manufacturing, distribution, retail, and consumption areas in any combination shall be classified as "mixed use" occupancies consistent with CBC section 508. Occupancy classifications for specific areas may include: F-1 (cultivation, manufacturing); H-2 manufacturing); B (office and administrative); S-1/ S-2 (storage, open or enclosed vehicle parking); A-2 larger consumption areas); M ( retail areas).

2. Each separate occupancy area may require fire barrier separation between adjacent occupancies as required in CBC section 508. 4
Microbusiness ( MAUCRSA permit type 12)

1. Cannabis microbusiness facilities containing cultivation, manufacturing, distribution, retail, and consumption areas in any combination shall be classified as "mixed use" occupancies consistent with CBC section 508. Occupancy classifications for specific areas may include: F-1 (cultivation, manufacturing); H-2 manufacturing); B (office and administrative); S-1/ S-2 (storage, open or enclosed vehicle parking); A-2 larger consumption areas); M ( retail areas).

2. Each separate occupancy area may require fire barrier separation between adjacent occupancies as required in CBC section 508. 4
Transporter ( MAUCRSA permit type 13)

1. Type 13 Transporter facilities are to meet CBC, Chapter 3 requirements based upon Use and Occupancy Classification for a Storage Group, S-1, and/ or Business Group, B, Occupancy. CBC § 311. 1.

A. Facilities that include storage, transfer, and/ or temporary warehousing of cannabis products shall be classified in Occupancy Group S-1.

B. Facilities that do not contain any storage, transfer or warehousing of products and consists of administrative offices shall be classified in Occupancy Group B.

Agenda Item No: M.3

AGENDA REPORT
DATE: December 3, 2024

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2024-281

Certifying a Final Environmental Impact Report (ER2024 -043), Adopting Findings, a Statement of Overriding Considerations, and Mitigation Monitoring Program Related to the Final Environmental Impact Report, and Adopting the Fairfield Forward 2050 project, Consisting of Repealing Certain Elements of the General Plan, Adoption Certain Elements of the General Plan, and Adopting of a Climate Action Plan

Funding Source: N/A

Contact: Jessie Hernandez, (707) 428-7450

RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The purpose of this meeting is to review the Public Hearing drafts of the Fairfield Forward 2050 project, consisting of a General Plan Update, Climate Action Plan (CAP), and Final Environmental Impact Report (EIR). At the meeting, the City Council will be asked to consider 1) certifying the Final EIR, 2) adopting its associated findings, statement of overriding considerations, and mitigation monitoring program, and 3) adopting the General Plan Update and CAP. The Public Hearing Drafts are available to review online:

 Public Hearing Draft General Plan Update:
https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?id=97568&dbid=0&repo=SharedDocs

 Public Hearing Draft Climate Action
Plan: https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?id=97500&dbid=0&repo=Share dDocs
 Final Environmental Impact Report, Findings, Statement of Overriding Considerations, and Mitigation Monitoring

Plan: https://eservices.fairfield.ca.gov/WebLink/DocView.aspx?id=97501&dbid=0&repo=Share dDocs

DISCUSSION
Background Information
Fairfield Forward 2050 consists of a General Plan Update, CAP, and Environmental Impact Report. The General Plan Update establishes a shared community visi on and sets forth policies to implement that vision through 2050. Core topics include land use and urban design, transportation, protection of Travis Air Force Base, public facilities and services, parks and recreation, conservation and open space, and economic development.

The CAP outlines strategies for reducing greenhouse gas emissions and meeting State emissions reductions goals. The Environmental Impact Report assesses the General Plan Update and Climate Action Plan’s potential adverse environmental impacts and includes measures to reduce these impacts.

Since project kickoff in 2020, the City has engaged with a wide range of Fairfield residents, business and property owners, and other stakeholders at all stages of the planning process. Engagement took place from the initial visioning to exploration of land use and transportation alternatives, to the selection of the Preferred Plan and during General Plan policy development.

Overviews of the Fairfield Forward 2050 process, General Plan Updat e, Climate Action Plan, and Final Environmental Impact Report are provided in the November 7, 2024, Planning Commission Staff Report.

The General Plan Update and Climate Action Plan were also summarized in detail in the May 21, 2024, City Council Agenda Report.

Key Components of the General Plan Update
The General Plan envisions Fairfield building on its strengths to become a more complete, vibrant city, with affordable and walkable neighborhoods that are well -integrated with places to meet daily needs.

Walkable and affordable neighborhoods, connections to open space, economic prosperity and job opportunities, social stability and equity, and cultural, entertainment, and recreation choices are key components of this community vision.

Key strategies for achieving the City’s vision include encouraging infill development, designing complete streets to provide convenient and comfortable walking, biking, and transit access to key destinations; increasing housing, shopping and recreation opportunities, employment uses, an d public services; and developing regulations that stimulate investment, while ensuring that new development meets community needs and contributes to Fairfield’s visual identity.

Existing specific plans and new focus areas will aid in transforming and revitalizing areas throughout the city. The Heart of Fairfield Specific Plan (HOF) and Train Station Specific Plan (TSSP) implement the General Plan through the establishment of more detailed policies, regulations, and actions. Focus areas will catalyze new development patterns that align with stakeholder preferences and serve stakeholder needs.

Physical Growth and Infill Focus Areas
Three physical growth areas and eight infill areas represent focus areas where major land use changes or policy directives are planned. These focus areas are identified by Attachment 4.

Key focus areas are summarized below:

 Business Flex Corridor – To provide a more coherent vision for the Business Center Drive corridor and reinforce the area’s importance as a jobs center, a new “business flex” land use designation along Business Center Drive will encourage a flexible range of employment uses while conditionally permitting housing to promote a mixed-use development pattern.  Cordelia-Suisun Valley Gateway – Currently vacant, this approximately 40-acre area bounded by Suisun Valley Road, Kaiser Drive, and I -80 in northern Cordelia is envisioned as a “destination gateway” into Suisun Valley. This gateway is designated as a mixed -use lifestyle center with experiential retail, entertainment, lodging, and commercial recreation opportunities to build upon the growing agritourism opportunities in neighboring Suisun Valley.  Hale Ranch – The Hale Ranch physical growth area represents three parcels just over 110 acres bounded by I-80, Hale Ranch Road, and Cordelia Road. The land is currently used for agriculture.

This area is one of the only large, contiguous parcels near existing food and beverage manufacturing clusters that would bolster Fairfield’s strength in high -value industrial development and provide jobs. The vision for development of Hale Ranch aims to incorporate high-value employment uses while res pecting the area’s agricultural and agritourism activities.

Specific industries, such as those supporting agriculture, agritourism, food science, manufacturing, and winemaking, are prioritized for development.  North Texas Street Mixed Use Corridor – The Plan envisions redevelopment of larger sites along North Texas Street into new mixed -use development “nodes.” These mixed -use nodes are designated for a mix of commercial and higher density housing and green spaces. Multi -modal, transit service, and public realm improvements will help to foster a safer and more vibrant environment.
 Solano Town Center – The General Plan introduces a new type of land use designation called “Solano Town Center Mixed Use” to revitalize the Solano Town Center mall and create a new “community hub” with commercial and community uses, pedestrian paths, and plazas and human-scaled design.

Proposed Changes to the Public Review Draft General Plan Update and Climate Action Plan Public Review Drafts of the General Plan Update and CAP have been updated to address comments submitted during the public comment period from July 26 to September 9, 2024. Comments received on the General Plan Update from government agencies and the public are available in Attachment 4. The City’s responses to General Plan Update to comments are summarized by theme in Attachment 5. There were no public comments made on the CAP during the public comment period. In accordance with state law, the Final EIR document includes detailed responses to all comments on the Draft EIR in accordance with state law.

Many public comment letters requested refined or strengthened language for a range of topics, and others requested policy changes that have already been considered and declined by the council at

previous study sessions. Staff and consultants incorporated requests that aligned with the intent of the broader policy framework, council direction, and community values and priorities.

Several changes were made that affect draft policy and future project implementation, including:

 Agricultural Mitigation Fee Increase – Policy LU -5.5 was added to increase the existing agricultural mitigation fee from its original intent to achieve a 1:1 agricultural mitigation ratio to its current intent to achieve a 1:1.5 agricultural mitigation ratio.  Airport Land Use Compatibility Plan Alignment – Text and figures were updated to align with a new Draft Travis Airport Land Use Compatibility Plan published in August 2024.  Nelson Hill Housing Units Increase – Policy language was added to policy LU-22.1 to allow up to 450 housing units total (increased from 350) at Nelson Hill to be considered contingent upon adequately addressing environmental and safety concerns related to traffic engineering, wildfire safety, evacuation routes, etc.

Final Environmental Impact Report Key Findings
The City of Fairfield is the lead agency for the Fairfield Forward 2050 EIR. According to CEQA, lead agencies are required to consult with public agencies having jurisdiction over a Proposed Project, and to provide the general public with an opportunity to comment on the Draft EIR. The Draft EIR was made available for public review on July 26, 2024. The Draft EIR was distributed to local and State responsible and trustee agencies and the general public was advised of the availability of the Draft EIR through public notice published in the local newspaper and on the City's website and the project website as required by law.

The Final EIR provides responses to all comments rece ived during the public comment period and includes revisions to the text of the Draft EIR made in response to comments. The Final EIR also identifies significant environmental impacts that will result from implementation of the project, including five significant and unavoidable impacts, nine less than significant with mitigation impacts, and 52 less than significant impacts. However, the City finds that the inclusion of certain mitigation measures as part of project approval will reduce most impacts to les s-than-significant levels. The impacts that are not reduced to less-than-significant levels are identified and overridden due to specific considerations that are described in the Final EIR CEQA Findings and Statement of Overriding Considerations.

Under CEQA, the City is permitted to approve projects with significant impacts if it identifies specific legal, social, technological, or other benefits outweigh its unavoidable and significant impacts. Exhibit B of the attached resolution includes a “Statement of Overriding Considerations” that document the specific reasons why the benefits of Fairfield Forward 2050 outweigh its significant environmental impacts. The Statement of Overriding Considerations concludes that the Fairfield Forward 2050 project’s social, economic, technological, and environmental impacts outweigh its significant environmental impacts.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Community outreach and engagement are critical to developing a community -based vision for growth and policies that reflect the community’s needs and priorities. The City has held over 100 engagement activities over four years as part of the Fairfield Forward 2050 process, including two online surveys, nine community workshops and open houses, 12 pop -up events, over 60 stakeholder interviews and meetings, and 20 study sessions with the Planning Commission and/or City Council. The City engaged a wide range of stakeholders and were responsive to public input and Planning Commission and City Council direction throughout this process.

On November 6, 2024, the Planning Commission unanimously adopted Resolution No. PC2024 -12 recommending that the council certify the FEIR; adopt findings, a Statement of Overriding Considerations, and Mitigation Monitoring Program related to the FEIR; and adopt the Fairfield Forward 2050 project, consisting of repealing certain Elements of the General Plan, adoption of certain Elements of the General Plan, and adoption of a Climate Action Plan.

On November 14, 2024, the Airport Land Use Commission (ALUC) unanimously adopted Resolution No.

ALUC-24-12, finding Fairfield Forward 2050 consistent with the 2024 Travis Air Force Base La nd Use Compatibility Plan.

ALTERNATIVE ACTION
The council may choose to edit the Fairfield Forward 2050 documents, to not adopt Fairfield Forward 2050, or provide alternative direction.

COORDINATED WITH
N/A

STAFF CONTACT
Jessie Hernandez, Associate Planner
(707) 428-7450
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Links to General Plan Attachments

CITY OF FAIRFIELD

RESOLUTION NO. 2024-281

CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (ER2024-043); ADOPTING FINDINGS,

A STATEMENT OF OVERRIDING CONSIDERTIONS, AND MITIGATION MONITORING PROGRAM RELATED TO THE FINAL ENVIRONMENTAL IMPACT REPORT; AND ADOPTING THE FAIRFIELD FORWARD 2050 PROJECT, CONSISTING OF REPEALING CERTAIN ELEMENTS OF THE GENERAL

PLAN, ADOPTION OF CERTAIN ELEMENTS OF THE GENERAL PLAN, AND ADOPTING OF A

CLIMATE ACTION PLAN

WHEREAS, the City Council initiated the Fairfield Forward 2050 project in 2020, consisting of a comprehensive update of the City ’s General Plan (GPU), development of a Climate Action Plan , and Environmental Impact Report (EIR); and

WHEREAS, the City held more than 100 engagement activities, interviews, and meetings; engaging thoroughly with a wide range of stakeholders over four years to identify needs and issues, develop shared values and priorities, and solicit input to guide decision making; and

WHEREAS, the City prepared a Final EIR for the Fairfield Forward 2050 project in compliance with the California Environmental Quality Act; and

WHEREAS, the Planning Commission (Commission) conducted a duly noticed public hearing on the Draft EIR on August 14,2024, and conducted a duly noticed public hearing on the Final EIR on November 6, 2024; and

WHEREAS, the council conducted a duly noticed public hearing on the Final EIR on December 3, 2024; and

WHEREAS, the council determined that mitigations identified in the Final EIR will reduce impacts of Fairfield Forward 2050 to less-then significant levels, except for impacts related to agricultural resources, mineral resources, noise, and transportation; and

WHEREAS, the council determined that the economic, social, and other benefits of Fairfield Forward 2050 outweigh its remaining significant and unavoidable impacts; and

WHEREAS, Findings, a Statement of Overriding Considerations , and a Mitigation Monitoring Program are prepared; and

WHEREAS, the Commission reviewed Fairfield Forward 2050-related documents and stakeholder input and provided direction at Study Sessions on the following dates: September 8, 2021, October 27, 2021, September 14, 2022, September 27, 2023, November 8, 2023, May 1, 2024, June 12, 2024, and August 14, 2024; and

RES. NO. 2024-281

WHEREAS, the council reviewed Fairfield Forward 2050 -related documents and stakeholder input and provided direction at Study Sessions on the following dates: November 17, 2020, June 16, 2021, November 2, 2021, February 8, 2022, March 8, 2022, April 12, 2022, February 7, 2023, April 11, 2023, June 13, 2023, September 12, 2023, December 19, 2023, and May 7, 2024; and

WHEREAS, the City and consultants presented factual information regarding Fairfield Forward 2050; and

WHEREAS, the council considered all public testimony and information presented during the public hearing.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. To certify and adopt the Final EIR and associated Findings, Statement of Overriding Considerations, and Mitigation Monitoring Program prepared for the City’s Fairfield Forward 2050 project as contained in Exhibits A and B.

Section 2. To repeal the following components and Elements of the General Plan:

a. Agriculture Element
b. Circulation Element
c. Economic Development Element
d. Health and Safety Element
e. Land Use Element
f. General Plan Land Use Diagram
g. Open Space, Conservation, and Recreation Element
h. Public Facilities and Services Element
i. Travis Protection Element
j. Urban Design Element
k. Definitions

Section 3. To adopt the following components and Elements of the General Plan as contained in Exhibit C:

a. Introduction
b. Land Use and Urban Design Element, including a Land Use Diagram c. Travis Protection Element
d. Circulation Element
e. Public Facilities and Services Element
f. Open Space, Conservation, and Recreation Element

RES. NO. 2024-281

g. Sustainability Element
h. Health and Safety Element
i. Environmental Justice Element
j. Economic Development Element
k. Glossary
l. Circulation Appendix

Section 4. To adopt the Climate Action Plan and associated Appendices as contained in Exhibit D.

PASSED AND ADOPTED this 3rd day of December 2024, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

______________________________________________________
MAYOR

ATTEST:

____________________________

CITY CLERK

Attachment 3: Links to General Plan Attachments

Attachment 1: Proposed Resolution Attachments:
o Exhibit A: Final Environmental Impact Report (ER2024-043) o Exhibit B: CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring & Reporting Program (ER2024-043)
o Exhibit C: Public Hearing Draft General Plan Update
o Exhibit D: Public Hearing Draft Climate Action Plan
Attachment 4: Planning Commission Resolution PC2024-12
Attachment 5: Focus Areas Map
Attachment 6: Public Comments on the General Plan Update Attachment 7: Summary of Staff Responses to Public Comments on the General Plan Update