1 - Town Council
May 27, 2026

CONTRACT
2025 and 2026 Pavement Rehabilitation Project (CIP 25-401 & 26-401) This public works contract (“Contract”) is entered into by and between the Town of Moraga (“Owner”) and Bay Cities Paving & Grading, Inc (“Contractor”) for work on the 2025 and 2026 Pavement Rehabilitation Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on May 6, 2026, Owner authorized the award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents. The Contract Documents are comprised of the Notice Inviting Bids; the Instructions to Bidders; addenda; the Bid Proposal, and attachments thereto; the Contract; the notice of award and notice to proceed; the payment and performance bonds; the escrow agreement for securities in lieu of retention; the guaranty; certificates of insurance and proof of liability coverage; the General Conditions; the Supplemental General Conditions; the Project plans, drawings, and specifications; applicable provisions of the Caltrans Standard Specifications and the Special Provisions; and Change Orders, if any. The Contract Documents may only be amended, modified, or supplemented by a written Contract Change Order or other written modification signed by Owner, in accordance with the Contract Documents.

3. Contractor’s Services. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Owner shall pay Contractor One Million Six Hundred and Nine Thousand and Seven Dollars ($ 1,609,007) (the “Contract Price”), in accordance with the payment provisions set forth in the General Conditions. The Contract Price is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but 161
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are not limited to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property, or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

5. Time for Completion. Time is of the essence in Contractor’s performance and completion of the work required under the Contract Documents, and Contractor shall diligently prosecute the work and complete it within the Contract Time set forth herein.

Contractor shall provide an executed contract and the necessary bonding and insurance certifications within seven (7) days of the notice of award. The Contractor shall begin work no later than three working days following the beginning date specified in the Notice to Proceed (which may be hand delivered or sent by email). Contractor shall fully complete the Work for the Project within 55 Working Days from the commencement date given in the notice to proceed. Contract execution and work completion are collectively referred to as the “Contract Times”. By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. In accordance with Section 5.4 of the Project General Conditions, if Contractor fails to complete the Work within the Contract Times, Owner may assess liquidated damages in the amount of Four Thousand Two Hundred Dollars ($4,200) for each calendar day of unexcused delay in completion, and the Contract Price shall be reduced accordingly.

7. Labor Code Compliance / DIR Registration. This public works Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including, but not limited to, requirements pertaining to wages, working hours, and workers’ compensation insurance. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

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

9. Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification, or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship, and similar 162
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purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

10. Notice. Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a PDF (or comparable) file.

Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows:

Owner Contractor
Name Town of Moraga Bay Cities Paving & Grading, Inc
Address 329 Rheem Boulevard 1450 Civic Court BLDG B, STE. 400 City/state/zip Moraga, CA 94556 Concord, CA 94520
Phone (925) 888-7023 (925)687-6666
Fax (925) 376-5203 (925)687-2122
Attn: Nate Levine Benjamin Rodriguez Jr.

Email [email protected] [email protected]
Copy to: [email protected] [email protected]

11. General Provisions.

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

11.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Supplemental General Conditions.

11.3 Governing Law and Venue. This Contract shall be governed by California law and venue shall be in the Superior Court of the County in which the Project is located, and no other place.

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

11.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between Owner and Contractor. If any provision of this Contract, or portion thereof, is 163
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determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract shall remain in full force and effect.

11.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.

11.7 Liability of Owner. Contractor and Owner understand and agree that in no instance are the persons signing this Contract for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

11.8 Clayton Act / Cartwright Act. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor offers and agrees to assign to Owner all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

11.9 Independent Contractor. Contractor shall at all times be deemed an independent contractor wholly responsible for the manner in which it performs the work required under the Contract Documents, and fully liable for the acts and omissions of its employees, subcontractors, suppliers, agents, and representatives. Under no circumstances shall this Contract be construed as creating an employment, agency, joint venture, or partnership relationship between Owner and Contractor, and no such relationship shall be implied from performance of this Contract. Terms and conditions in this Contract and the Contract Documents referring to direction from Owner and/or Owner’s Architect/Engineer shall be construed as providing for direction as to policy, conformance with the Contract Documents, and the result of Contractor’s work only, and not as to the means and methods by which such a result is obtained.

Contractor shall pay all taxes (including California sales and use taxes) levied upon this Contract, the transaction, or the labor, materials, and/or equipment furnished pursuant to this Contract without additional compensation, regardless of which party has liability for such tax under applicable law, and any deficiency, interest or penalty asserted with respect thereto. Contractor shall pay all other taxes including but not limited to any applicable Town business tax, not explicitly assumed in writing by Owner hereunder. Contractor shall comply with all valid 164
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administrative regulations respecting the assumption of liability for the payment of payroll taxes and contributions as above described and provide any necessary information with respect thereto to the proper authorities.

The parties agree to this Contract as witnessed by the signatures below:

OWNER: TOWN OF MORAGA CONTRACTOR:
s/_______________________________ s/_________________________ Scott Mitnick
Town Manager _________________________
Name/Title [print]
Date: ___________________________
Date: ______________________
Attest:
_____238650_______________
s/_______________________________ Contractor’s License Number(s) Amy Heavener _____06/30/2027____________
Town Clerk
Expiration Date(s)
Date: ____________________________
Seal:

Approved as to Form:
s/_______________________________
Michelle Marchetta Kenyon
Town Attorney
Date: ____________________________
Funding:
s/_______________________________
Katie Bruner
Administrative Services Director
Date: ____________________________
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CONSENT CALENDAR: 6.6
To: Honorable Mayor and Councilmembers
From: Mackenzie Brady, Parks and Recreation Director
Subject: Employee Recreation and Wellness Discount Pilot Program Meeting Date: May 27, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution approving the Employee Recreation and Wellness Discount Pilot Program through June 30, 2027 and authorizing administrative implementation and continuation by the Town Manager, or designee.

BACKGROUND
The Town of Moraga offers a variety of recreation programs, camps, and facility rentals that promote health, wellness, social connection, and community engagement. Staff have explored opportunities to support employee wellness, work-life balance, and organizational recruitment and retention efforts through low-cost employee benefits that also encourage participation in Town recreation offerings.

The proposed Employee Recreation and Wellness Discount Pilot Program would establish a pilot program through June 30, 2027 to provide eligible Town employees and qualifying household members with discounted access to select Town-operated recreation programs, camps, and facility rentals. The program is intended to support employee wellbeing while maintaining fiscal responsibility and preserving public access to recreation opportunities.

The proposed program includes annual discount caps, eligibility limitations, and exclusions for programs where operational or cost recovery considerations make discounts impractical.

Following the pilot period, the Town Manager, or designee, would have authority to extend, modify, suspend, terminate, or continue the program administratively consistent with the adopted policy and applicable regulations.

DISCUSSION
Under the proposed policy, eligible employees would receive a twenty percent (20%) discount 166
on eligible recreation programs, camps, contractor-operated programs, and base facility rental fees after application of the resident rate. The total annual benefit would be capped at $500 per employee household per fiscal year.

Eligible employees would include:

Regular full-time employees
Regular part-time employees
Probationary employees
Eligible household members would be limited to immediate family members residing within the employee’s household.

The proposed program excludes:

Sports leagues
Drop-in programs
Security deposits
Staffing fees
Equipment fees
Insurance requirements
Damage or cleaning fees
The policy also clarifies that:

Participation remains subject to space availability
No priority registration would be provided
Discounts may not be combined with scholarships or other reductions Contractor compensation would not be reduced for contractor-operated programs Staff researched employee wellness and recreation benefits offered by other public agencies in Contra Costa County and neighboring recreation agencies:

Antioch provides eligible employees with reimbursement of up to $27 per month for gym or health club memberships.

Concord offers eligible full-time employees a complimentary lap swim pass as part of its employee wellness program, administered through the Human Resources Department.

El Cerrito provides employees and eligible household members a 25% discount off the resident rate for recreation programs and facility rentals, free access to drop-in swim programs, and priority registration. El Cerrito staff noted that employee participation can help identify registration system issues prior to public registration and may increase utilization of programs where fixed costs already exist.

Hayward Area Recreation and Park District offers a 40% discount on recreation classes (capped at $500 annually), a 40% discount on facility rentals (maximum two per year), and a 40% discount on picnic site rentals (maximum two per year).

Compared to these agencies, the proposed Moraga pilot program is modest in scope. It provides a 20% discount on eligible programs, camps, contractor-operated programs, and base facility rental fees, with a maximum annual benefit of $500 per employee household. The proposed program does not include free drop-in access or priority registration and limits eligibility to immediate family members residing in the employee’s household.

The proposed pilot structure allows the Town to evaluate employee participation levels, administrative impacts, and fiscal effects prior to determining whether to continue the program 167
beyond June 30, 2027.

The proposed program is intended to encourage employee participation in recreation, wellness, and community-building activities offered through Town services.

The proposed program has been structured with annual caps, eligibility limitations, and administrative controls intended to support compliance with applicable Internal Revenue Service (IRS), labor, and employment regulations.

FISCAL IMPACT
The proposed pilot program would result in reduced recreation revenue associated with discounted registrations and facility rentals. However, the annual household cap of $500 per employee household and participation limitations are expected to minimize overall fiscal impacts.

For contractor-operated programs, contractor compensation would remain unchanged.

Staff will monitor utilization, fiscal impacts, and administrative effectiveness throughout the pilot period. Administrative adjustments may be made as necessary consistent with the adopted policy and Town Manager authority.

Because many recreation programs operate with existing fixed staffing and facility costs, additional employee participation may help support overall program utilization with limited additional operational impact.

CEQA COMPLIANCE
The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes to the environment.

ALTERNATIVES

1. Adopt the resolution with modifications identified by the Town Council; or

2. Direct staff to revise the proposed Employee Recreation and Wellness Discount Pilot Program and return to the Town Council at a future meeting; or

3. Direct staff to modify eligibility requirements, annual discount limits, or eligible program types prior to implementation; or

4. Decline to adopt the proposed Employee Recreation and Wellness Discount Pilot Program.

NEXT STEPS
Upon adoption of the proposed Resolution, staff will:

1. Configure the recreation registration system to apply and track eligible discounts.

2. Coordinate implementation procedures with Administrative Services staff, as applicable.

3. Communicate program eligibility, limitations, and procedures to employees.

4. Begin implementation of the Employee Recreation and Wellness Discount Pilot Program. 168

5. Monitor program utilization, fiscal impacts, and administrative effectiveness during the pilot period ending June 30, 2027.

6. Make administrative adjustments as necessary consistent with the adopted policy and Town Manager authority.

ATTACHMENTS
Attachment A - Draft Resolution - Employee Wellness Discount Exhibit A - Pilot Program
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Attachment A
Resolution No. XX-2026 1 May 27, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. xx-2026

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MORAGA

APPROVING THE EMPLOYEE RECREATION AND WELLNESS DISCOUNT PILOT

PROGRAM
WHEREAS, the Town of Moraga provides recreation programs, camps, and facility rentals that promote health, wellness, and community engagement; WHEREAS, the Town Council recognizes the value of supporting employee wellness, morale, recruitment, and retention through reasonable employee benefits; WHEREAS, the proposed Employee Recreation and Wellness Discount Pilot Program is intended to provide eligible employees and qualifying household members with discounted access to Town recreation opportunities while maintaining fiscal responsibility and preserving public access;
WHEREAS, the proposed program includes annual discount caps, eligibility limitations, and operational safeguards intended to minimize fiscal impacts and maintain equitable access to recreation services;
WHEREAS, the proposed Employee Recreation and Wellness Discount Pilot Program has been structured to comply with applicable Internal Revenue Service (IRS) regulations and applicable labor and employment requirements; and WHEREAS, the Town Council finds that adoption of the proposed pilot program serves a public purpose by supporting employee wellness and encouraging participation in recreation and community-building opportunities.

NOW THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF
THE TOWN OF MORAGA HEREBY approves the Employee Recreation and Wellness Discount Pilot Program attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the pilot program shall expire on June 30, 2027 unless extended, modified, suspended, or terminated by the Town Manager, or designee, and shall be administered in compliance with applicable Internal Revenue Service (IRS), labor, employment, and budgetary regulations. 170
Exhibit A
1 Town of Moraga
Employee Recreation and Wellness Discount Pilot Program

1. PURPOSE
This pilot program establishes eligibility and procedures for providing a recreation program, camp, and facility rental discount to eligible Town employees.

2. ELIGIBILITY
Eligible employees include:
 regular full-time employees
 regular part-time employees
 probationary employees
Eligible household members must reside in the employee’s household and are limited to the employee’s Immediate Family, defined as:
 a spouse or domestic partner
 dependent children, including biological, adopted, foster, or children under legal guardianship
 parents residing in the employee’s household
 Employees are limited to enrolling four family members in any one eligible program ELIGIBILITY REQUIREMENTS:

All eligible household members must be registered under the employee’s household account in the Town’s recreation registration system.

Not eligible:
 extended family members
 non-household dependents
 adult children not claimed as dependents

3. ELIGIBLE PROGRAMS AND SERVICES
The discount applies to Town-operated:
 recreation programs
 classes
 seasonal camp
 open enrollment activities
For programs delivered by third-party instructors or contractors and offered through the Town’s registration system:
171
Exhibit A
2  The employee shall receive a twenty percent (20%) discount off the total program fee.
 Contractor compensation shall not be reduced.
 The Town shall absorb the full cost of the discount from its share of administrative revenue.

The discount applies to Town facility rentals for personal use only and applies to base rental fees.

The discount does not apply to:
 security deposits
 staffing fees
 equipment fees
 insurance requirements
 damage or cleaning fees

4. DISCOUNT AMOUNT
Eligible employees shall receive the following after first applying the Resident Rate:
 a twenty percent (20%) discount on eligible program and camp fees  a twenty percent (20%) discount on contractor-run programs  a twenty percent (20%) discount on base rental fees
Discounts may not be combined with scholarships, promotional discounts, or other fee reductions.

5. ANNUAL LIMIT
The total discount provided under this policy shall not exceed five hundred dollars ($500) per employee household per fiscal year (July 1 through June 30).

Upon reaching the annual limit, standard fees shall apply for the remainder of the fiscal year.

6. CONDITIONS
 Excludes sports leagues and drop-in programs.
 Discounts apply only to base fees.
 Participation is subject to space availability.
 No priority registration shall be provided.
 The discount must be applied at the time of registration.  Retroactive discounts shall not be issued.
 The Town may require verification of household membership. Misuse of the employee discount benefit may result in revocation of eligibility.  The Town reserves the right to suspend application of this policy for specific programs if necessary to preserve public access.
172
Exhibit A
3 7. ADMINISTRATION
Employees shall register using their verified employee account in the Town’s recreation registration system.

Authorized registration staff shall apply and track the discount at the time of registration.

Verification of eligibility may be required.

8. REVIEW AND MODIFICATION
This pilot program will expire on June 30, 2027 and may be canceled by the Town Manager at any time and shall be administered in compliance with applicable IRS and labor regulations.
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DEPARTMENT REPORTS: 9A.

To: Honorable Mayor and Councilmembers
From: Nate Levine, Public Works Director Kyle Salvin, Maintenance Manager Jeanet Lara, Senior Administrative Assistant
Subject: Award of Construction Contract to D7 Roofing Services, Inc. for the 329 Rheem Boulevard Roof Replacement Project (CIP 23-108)
Meeting Date: May 27, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the Town Manager to execute a construction contract with D7 Roofing Services, Inc., Rancho Cordova, CA, for the 329 Rheem Boulevard Roof Replacement Project in the amount of $102,161;

2. Authorizing a 15% contingency of $15,324, for a total project authorization not to exceed $117,485 and authorizing the Public Works Director to execute contract change orders within the approved contingency; and

3. Finding the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 - Existing Facilities).

BACKGROUND
On April 1, 2026, Town staff identified a roof leak at 329 Rheem Boulevard following a rain event. Staff subsequently reviewed the available roof history and determined that the roof is older than previously understood, has exceeded its useful life, and should be replaced rather than repaired as a short-term measure.

The roof replacement is also needed before installation of the Town Hall solar improvements authorized as part of the Town Facilities Energy Reliability Project (CIP 23-108). Replacing the roof before the solar work will prevent installing solar panels over a roof that has exceeded its useful life and will reduce the risk of future conflicts, leaks, or added costs after the solar improvements are installed.
174

DISCUSSION
Project Scope
The project will replace the existing roof at 329 Rheem Boulevard with a new composition shingle roofing system. At a high level, the work includes removal and disposal of the existing roofing, inspection of the roof deck, replacement of damaged sheathing as authorized, installation of new underlayment, installation of new composition shingles, flashing, ridge vents, pipe jacks, edge metal, and other related roofing components necessary for a complete roof system.

The building will remain operational during construction. The contractor will be required to maintain safe building access, uninterrupted access to the Police Department, and vehicle access at all times. The most disruptive work will be coordinated with Town staff and prioritized for Town closure on Fridays or for other approved off-hours work, where appropriate.

Informal Bidding Process
The Town followed its informal bidding process pursuant to Moraga Municipal Code Chapter

3.06. Requests for bids were sent to seven qualified contractors. On May 4, 2026, the Town received four responsive bids. The bids were as follows:

Responsive Bidder Location Base Bid
Additional
Sheathing Unit
Price
D7 Roofing Services,
Inc.

Rancho Cordova, CA $102,161 $125/sheet
Best Contracting
Services
Gardena, CA $111,060 $350/sheet
Waterproofing
Associates
Santa Clara, CA $115,800 $450/sheet
Solano County
Roofing, Inc.

Fairfield, CA $127,777 $300/sheet
D7 Roofing Services, Inc. submitted the lowest base bid of $102,161 and was determined to be the lowest responsive and responsible bidder. The additional roof sheathing unit price is not included in the base bid total. It will be used only for comparison and authorized changeorder purposes if additional roof sheathing replacement is needed beyond the five (5) sheets included in the base bid.

The engineer’s estimate was $75,000-$80,000. Staff’s initial planning estimate was lower than the bids received; however, the public informal bidding process established current market pricing for the work, and recent increases in roofing materials and labor costs contributed to the higher bid amounts. The four responsive bids were within a competitive range for the work.

Staff recommends awarding the construction contract to D7 Roofing Services, Inc. and authorizing a 15% contingency due to unknown roof deck and sheathing conditions that will not be fully known until the existing roofing system is removed. 175
Staff also verified that D7 Roofing Services, Inc. holds an active C-39 Roofing Contractor license and an active Department of Industrial Relations (DIR) public works contractor registration and completed reference checks and contractor due diligence. Staff did not identify any issues that would prevent the award.

FISCAL IMPACT
The 329 Rheem Boulevard Roof Replacement Project is part of the Town Facilities Energy Reliability Project (CIP 23-108), which is funded in the Town’s FY 2025-26 and FY 2026-27 Capital Budget. The previously approved CIP 23-108 project budget included $75,000 for the 329 Rheem roof replacement and $102,634 in project contingency to address implementation needs.

The recommended award includes a base construction contract of $102,161, a 15% construction contingency of $15,324, and a total project authorization not to exceed $117,485.

The total authorization exceeds the prior roof replacement planning estimate. This cost increase can and will be covered within the existing CIP 23-108 project contingency. No additional appropriation is requested.

Fiscal Summary Amount
Roof replacement planning estimate $75,000
Recommended total contract authorization $117,485
Amount covered by CIP 23-108 project contingency $42,485 Original CIP 23-108 project contingency $102,634
Approximate CIP 23-108 project contingency remaining
after roof authorization
$60,149

CEQA COMPLIANCE
The project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 - Existing Facilities), which applies to the repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of existing or former use. The project consists of replacing the roof on an existing Town facility and does not expand the use of the facility. Staff has also determined that none of the exceptions to categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply.

ALTERNATIVES

1. Adopt the Resolution with modifications; or

2. Do not adopt the Resolution and provide direction to staff. Not adopting the Resolution would delay the roof replacement, increase the risk of additional roof leaks, potentially increase costs, and could affect the sequencing of the Town Hall solar installation; or

3. Reject all bids and reissue for bid.
176

NEXT STEPS
Upon approval, staff will execute the construction contract with D7 Roofing Services, Inc.; obtain required bonds, insurance, and submittals; issue the Notice to Proceed; and coordinate the final installation schedule with the contractor, Town Hall operations, and Police Department operations. The roof replacement will be sequenced before installation of the Town Hall solar improvements.

ATTACHMENTS
Attachment A - Draft Resolution - Roof Replacement
Attachment B - DRAFT Contract - Roofing
Attachment C - Town Hall Solar Site Plan - 329 Rheem Roof 177
Resolution No. xx-2026 1 May 27, 2026
Attachment A

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. xx-2026

AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT WITH D7 ROOFING SERVICES, INC. FOR THE 329 RHEEM BOULEVARD ROOF REPLACEMENT PROJECT IN THE AMOUNT OF $102,161 AUTHORIZING A 15% CONTINGENCY OF $15,324, FOR A TOTAL PROJECT AUTHORIZATION NOT TO EXCEED $117,485 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE CONTRACT CHANGE ORDERS; AND FINDING THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
WHEREAS, on April 1, 2026, Town staff identified a roof leak at 329 Rheem Boulevard following a rain event;
WHEREAS, staff reviewed the available roof history and determined that the roof is older than previously understood, has exceeded its useful life, and should be replaced; WHEREAS, the roof replacement is needed before installation of the Town Hall solar improvements authorized as part of the Town Facilities Energy Reliability Project (CIP 23-108);
WHEREAS, the 329 Rheem Boulevard Roof Replacement Project includes removal and disposal of the existing roofing system, inspection of the roof deck, replacement of damaged sheathing as authorized, installation of underlayment, installation of a new composition shingle roofing system, and related roofing components; WHEREAS, the Town followed informal bidding procedures pursuant to Moraga Municipal Code Chapter 3.06 and received four responsive bids on May 4, 2026; WHEREAS, D7 Roofing Services, Inc., Rancho Cordova, CA, submitted the lowest responsive and responsible bid in the amount of $102,161; WHEREAS, the Town has verified that D7 Roofing Services, Inc. holds an active C-39 Roofing Contractor license and an active Department of Industrial Relations public works contractor registration, and completed reference checks and contractor due diligence;
WHEREAS, a 15% contingency is recommended due to unknown roof deck and sheathing conditions that may be identified after removal of the existing roofing system; WHEREAS, the total contract authorization exceeds the prior roof replacement planning estimate, but the cost increase will be covered within the existing CIP 23-108 project contingency, and no additional appropriation is requested; and 178
Resolution No. xx-2026 2 May 27, 2026
WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 - Existing Facilities), because the project consists of repair, maintenance, and minor alteration of an existing public facility with negligible or no expansion of use, and none of the exceptions to categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga authorizes the Town Manager to execute a construction contract with D7 Roofing Services, Inc., Rancho Cordova, CA, for the 329 Rheem Boulevard Roof Replacement Project in the amount of $102,161, in the form attached to the staff report with minor non substantive revisions as approved by the Town Manager and Town Attorney.

BE IT FURTHER RESOLVED that the Town Council authorizes a 15% contingency of $15,324, for a total project authorization not to exceed $117,485 and authorizes the Public Works Director to execute contract change orders within the approved contingency, if necessary.

BE IT FURTHER RESOLVED that the Town Council finds the 329 Rheem Boulevard Roof Replacement Project categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Class 1 - Existing Facilities). 179
Attachment B
1 970426v5 25123/0010

CONTRACT FOR CONSTRUCTION SERVICES
Project:________329 Rheem Blvd Roof Replacement Project (CIP 23-108) _ This Contract for Construction Services (the "Contract") is made on this 27th day of May 2026 by and between the Town of Moraga (the "Owner" or "Town") and D7 Roofing Service, Inc. (the "Contractor").

Recitals
WHEREAS, the contractor is to replace the roof at the Town office, 329 Rheem Blvd in connection with the Town Facilities Energy Reliability CIP 23-108 (“Project”); and WHEREAS, the Town desires to obtain construction services in accordance with the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.); and
WHEREAS, the Town desires to engage Contractor pursuant to this Contract to construct the Project.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Contract Documents. The following documents are incorporated into and made part of this Contract by this reference:
(a) Request for Quotes or Notice Inviting Informal Bids, as applicable (b) Quote or Bid Form, as applicable
(c) Supplemental Conditions
(d) Any Special Provision or Technical Specification
(e) Any Plans or Drawings describing the work as provided to the Contractor
(f) Non-Collusion Declaration (Attachment B)
(g) DIR Affidavit (Attachment C)
(h) Worker’s Compensation Affidavit (Attachment D)
(i) Insurance Acknowledgement (Attachment E)
(j) Subcontractors list (Attachment F)
180
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(k) Performance and Payment Bonds (Attachments G and H) (l) Site Visit Affidavit (Attachment I)
The documents shall be referred to collectively as the "Contract Documents".

2. Scope. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to perform and complete the work generally described as follows: replace the flooring in the police department locker room, hallway, kitchen, the holding area and bathroom, and interrogation room, and as directed by the engineer, located at 329 Rheem Blvd (the “Work”) diligently and fully.

The Work shall be performed in accordance, and Contractor shall comply, with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.

Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:
(a) Provide labor, material, and equipment required to replace the flooring in the police department locker room, hallway, kitchen, the holding area and bathroom, and interrogation room, and all appurtenant work thereto required by the Contract Documents and as directed by the engineer.
(b) Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the Town issues a Notice to Proceed.
(c) Obtain all necessary permits and approvals for the Work. (d) Protect all materials to be used in the Work in accordance with the specifications and local, state and federal law.
(e) Protect existing facilities and personal property.
(f) Attend a preconstruction conference with Town to discuss schedule, access, sequence of work, and other issues.
(g) Prepare and submit a written daily activity report to Town for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the Town no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities 181
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(including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
(h) Unload, hoist, and otherwise handle Contractor's own materials, supplies, and equipment.
(i) Coordinate with Owner-scheduled events.
(j) Research and comply with all local codes and regulations that regulate and govern the Work.
(k) Set up, identify, coordinate, provide safe access, and obtain all inspections for the Work, as required by any authorized agency or applicable code, prior to covering up any portion of the Work. (l) Provide suitable and adequate sanitary conveniences that conform with local regulations at suitable locations for the use of all persons at the site of the Work.

3. Contract Amount and Payments.

3.1. Town agrees to pay, and Contractor agrees to accept, the sum of One Hundred Two Thousand One Hundred Sixty-One Dollars ($102,161) (the "Contract Price"), subject to adjustments for changes in the Work as may be directed in writing by Town, as payment in full for the Work.

3.2. Not more than once every 30 days, the Contractor shall present to the Town a statement showing the amount of labor and materials incorporated in the work for the preceding 30 days; the Contractor and Engineer shall inspect the statement and, if both approve the statement, the Town shall process a payment for ninety percent (90%) %) of the amount it shall find to be due.

3.3. Within 60 days of the date of completion, the Town shall release the retention funds unless there is a dispute between the Contractor and the Town. In the event of a dispute, the Town may continue to withhold 150% of the disputed amount. Acceptance by Contractor of said final payment shall constitute a waiver of all claims against the Town arising under the Contract Document.

3.4. No inaccuracy or error in said monthly estimates shall operate to release Contractor or Surety from damages arising from such work or from enforcement of each and every provision of the Contract Documents, and Town shall have the right subsequently to correct any error made in any estimate for payment.

3.5. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the Town to ensure the performance of the Contract, the Contractor 182
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may, at its option, choose to substitute securities meeting the requirements of Public Contract Code Section 22300.

3.6. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents in a form satisfactory to the Town prior to receipt of any payment. As provided in Civil Code Section 3262, Contractor shall submit Conditional and Unconditional Waivers and Releases of Liens on behalf of itself and suppliers that furnished labor, material, equipment, or services to the Project.

4. Rights to Withhold Payment.

In addition to all other rights and remedies of the Town hereunder and by virtue of the law, the Town may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the Town from loss on account of:

4.1. Defective work not remedied, irrespective of when any such work is found to be defective;

4.2. Claims, liens, stop notices to withhold or reasonable evidence indicating probable filing of claims, liens, stop notices or notices to withhold including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;

4.3. Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to subcontractors and/or suppliers;

4.4. A reasonable doubt that the work can be completed for the balance then unearned;

4.5. A reasonable doubt that the Contractor will complete the work within the Contract's time;

4.6. Costs to the Town resulting from failure of the Contractor to complete the work within the proper time; or

4.7. Damage to work or property.

4.8. Costs to the Town resulting from any other breach of this Contract.

5. Retention of Sums Charged Against Contractor.

Whenever the Town shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefore will be given the Contractor. After the Contractor has corrected the conditions giving rise to withholding, the Town will promptly pay to the Contractor the amount so withheld. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay Town's charges against him, Town shall have the right to recover the balance from Contractor or its sureties.
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6. Time.

6.1. No work shall commence under this Contract until the Town issues a Notice to Proceed.

6.2. Contractor shall provide an executed contract and the necessary bonding and insurance certifications within seven (7) days of the notice of award, prior to the construction start date.

6.3. Contractor shall complete the Work no later than TBD (calendar/working) days following Town’s issuance of the Notice to Proceed (the "Contract Time").

6.4. Time is of the essence of this Contract.

6.5. Contractor shall provide Town with scheduling information in a form acceptable to Town, including any changes made by Town in the scheduling of work. Contractor shall coordinate the Work with all other contractors, subcontractors and suppliers so as not to delay or damage their performance.

6.6. If Contractor fails to complete the Work on or before the expiration of the Contract Time, the Town will sustain damage. It is and will be impracticable to determine the actual damage which the Town will sustain in the event of and by reason of such delay. It is, therefore, agreed that the Contractor will pay to the Town the sum set forth in the Supplemental Conditions for each and every calendar day's delay beyond the Contract Time. The parties agree that the liquidated damages represent a fair and reasonable estimate of compensation for the losses that may reasonably be anticipated from the failure of Contractor to complete the Work within the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the Town may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract.

6.7. It is further agreed that if Contractor fails to complete the Work in all parts and requirements within the Contract Time, the Town shall have the right to extend the Contract Time or not, as may seem best to serve the interest of the Town. If it decides to extend the Contract Time, Town shall further have the right to charge to the Contractor, its heirs, assigns or sureties, and to deduct from the final payment for the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension. The granting of any extension of time on account of delays shall in no way operate as a waiver on the part of the Town of its rights under this Contract.

6.8. The Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within five (5) days from the beginning of any such delay, notify the Town, in writing of the causes of delay. The Town shall ascertain the facts and the extent of delay, and its findings thereon shall be final and conclusive.
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6.9. In the event that the Work is delayed for any reason, including acts of Town, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given Town written notice of the commencement of delay within 48 hours of its occurrence. In the event Town deems it necessary, in its sole discretion, to extend the Contract Time, such extensions shall in no way release any guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. By executing such bonds, the sureties shall be deemed to have expressly agreed to any such extension of time.

7. Labor. The Contract is subject to the provisions of the California Labor Code, and the Contractor and any subcontractor must comply with all applicable provisions, including, but not limited to, the following.

7.1. Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code, the Town has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, a copy of which is on file in the office of the Town, and shall be made available for viewing to any interested party upon request. Pursuant to Labor Code Section 1775, Contractor shall, as a penalty to the Town, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work.

7.2. Contractor shall comply with all applicable provisions of Sections 1810- 1815 of the California Labor Code relating to working hours. The Contractor, shall, as a penalty to the Town, forfeit the sum of twenty-five dollars ($25.00) for each worker employed in the execution of the Contract for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1½ times the base rate of pay.

7.3. As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8.

7.4. Contractor and any subcontractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work.

7.5. Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage 185
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schedules, and other requirements may be obtained from the Director of Industrial Relations, exofficio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

7.6. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of the Work, the Contractor shall sign and file with the Town a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of Section 3700."

8. Changes in Work

8.1. Contractor shall make no changes in the Work without written direction from the Town. Contractor shall not be compensated for any change made without any such written direction. No changes in the Work shall exonerate any surety or any bond given in connection with this Contract.

8.2. If the Town directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:
(a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed work;
(b) By establishment of new unit prices and related quantities for the changed work;
(c) By a combination of existing and new unit prices and related quantities for the changed work; or
(d) By mutual acceptance of a lump sum.

8.3. If the Town directs the Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, the Town will make a reasonable adjustment to the Contract Time.

9. Inspection and Protection of Work.

9.1. Contractor shall make the Work accessible at all reasonable times for inspection by the Town. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work until final acceptance by the Town.
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9.2. When the Work is completed, Contractor shall request, in writing, a final inspection. Within ten (10) days of the receipt of such request, the Town shall make a final inspection. The Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions previously issued.

9.3. Should construction be under way by the Town, other agencies or other contractors within or adjacent to the limits of the Work or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to avoid any delay or hindrance to their work. The Town reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. If the Town is performing other or additional work, itself or through other contractors, the Contractor shall (a) proceed with the Work in a manner which does not hinder, delay or interfere with the work of the Town or cause the work of the Town to become defective, (b) afford the Town reasonable access for introduction and storage of materials and equipment and performance of activities, and (c) coordinate the Contractor's construction and operations with those of the Town.

9.4. Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The Town shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions.

10. Assignment and Subcontracting.

10.1. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

10.2. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work pursuant to the provisions of the Contract Documents.

10.3. No subcontractor who is ineligible to bid on, be awarded or perform work on a public works project under Labor Code Sections 1777.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

10.4. When a portion of the Work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the Town, subject to Public Contract Code section 4100, et seq., the Town may request that the subcontractor be removed immediately from the Work and shall not again be employed on the Work.

10.5. Contractor may not assign performance of the Contract except upon written consent of the Town.
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11. Hold Harmless And Indemnification.

11.1. The Town and its officers, agents and employees thereof connected with the Work, including but not limited to the Town Council and the Town Manager, shall not be answerable or accountable in any manner for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the Town's officers, agents or employees.

11.2. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the Town, its elected and appointed officers, contractors, consultants, and employees and agents (the "Town Parties"), from all claims, demands, liability, judgments, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from Town Parties' alleged or actual negligent act or omission; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of the Town Parties. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

11.3. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the Town, may be retained by the Town until disposition has been made of such suits or claims for damage.

12. Bonds.

12.1. Within ten (10) days after being notified of the award of the contract, and before the Town executes the Contract, the Contractor shall furnish and file with the Town Performance and Payment Surety bonds as set forth below.

12.2. Contractor shall submit a faithful performance bond in a form approved by General Counsel, duly executed by a responsible corporate surety listed in the United States Department of Treasury circular entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of California and acceptable to Town conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. The amount of said bond shall be in a sum no less than one hundred percent (100%) of the Contract Price.

12.3. Contractor shall also submit a payment bond on a form approved by General Counsel, duly executed by a responsible corporate surety listed in the United States Department of Treasury circular entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of California and acceptable to Town, which in all respects complies with Civil Code Sections 3247 to 3252, inclusive. This bond shall be in a sum no less than one hundred percent (100%) of the Contract Price.
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12.4. Contractor shall provide Town with a Maintenance Bond or Letter of Credit in the amount of five percent (5%) of the Contract covering the warranty period. Said security shall be filed with the Town prior to Contract acceptance by the Town Council.

13. Insurance.

13.1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 13. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to Town within ten (10) days after being notified of the award of the contract, and before execution of the Contract by the Town.

13.2. The insurance requirements specified herein shall apply to all subcontractors. The Contractor shall designate appropriate insurance limits for subcontractors.

It shall be the responsibility of the Contractor to ensure that all subcontractors comply with this provision, and to verify their compliance when requested by the Town. The Contractor shall not allow any subcontractor to commence work until all insurance required of the subcontractor has been obtained and verified by the Contractor. Subcontractors shall furnish original certificates and endorsements as verification of insurance coverage. Upon request, Contractor shall deliver certificates of insurance or copies of the insurance policies and endorsements of all subcontractors to Town; provided, however, that this shall not relieve Contractor of its obligation to ascertain the existence of such insurance.

13.3. The insurance required by this section 13 shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by Town, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days’ prior written notice to Town. Every policy shall also be endorsed to state that the Town shall be given written notice of nonrenewal at least thirty (30) days prior to the nonrenewal date.

13.4. The following are the minimum insurance requirements of this Contract:
(a) Contractor shall maintain a General Liability insurance policy insuring Contractor for an amount not less than Two Million Dollars ($2,000,000) per occurrence with an annual aggregate limit of not less than Four Million Dollars ($4,000,000) for bodily injury, personal injury, and property damage. The coverage must be sufficiently broad to include:

Products and Completed Operation Liability
Broad Form Property Damage Liability
Contractual Liability
Personal Injury Liability
(b) Contractor shall maintain an Automobile Liability insurance policy insuring Contractor for an amount not less than Two Million Dollars ($2,000,000.00) combined single limit per accident for bodily injury and property damage.
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(c) Contractor shall maintain a Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor as follows:
(1) This policy shall provide coverage for Workers’
Compensation (Coverage A).
(2) This policy shall also provide coverage for One Million Dollars ($1,000,000.00) Employers’ Liability (Coverage
B).
(d) All of the following endorsements are required to be made a part of each of the required policies, except for the Workers’
Compensation and Employers’ Liability policies:
(1) An additional insured endorsement acceptable to the Town shall state: "The Town of Moraga, its elected and appointed officers, contractors, consultants, employees, and agents are hereby added as additional insureds, but only as respects work done by, for on behalf of the named insured."
(2) An endorsement acceptable to the Town shall state: “This policy shall be considered primary insurance as respects any other valid and collectible insurance, self-insurance or joint self-insurance the Town may possess, including any self-insured retention the Town may have, and any other insurance the Town does possess shall be considered excess insurance only and shall not contribute with it.”
(e) The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
(f) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the additional insured parties. (g) Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(h) Insurance is to be placed with insurers with a Best’s rating of no less than A:VII.
(i) Any deductibles or self-insured retentions must be declared to and approved by the Town. At the Town’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
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13.5. Insurance Requirements are Material Element of Performance. In the event of the breach of any provision of this section, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, Town, at its option, may, notwithstanding any other provisions of this Contract to the contrary, immediately declare a material breach of this Contract and suspend all further work pursuant to this Contract.

14. Warranty. Contractor hereby expressly guarantees the Work for one (1) full year from the date of the final completion of the Work. If, within the one-year period, any part of the Work requires, in the opinion of the Town, repair or replacement, Contractor agrees, upon receipt of notice from Town, and without expense to Town, to promptly repair or replace such material or workmanship and/or correct any and all defects therein at no cost to the Town. If Contractor, after such notice, fails within ten (10) days to meet the terms of this guarantee, Town may perform the work necessary to effectuate such correction and recover the cost thereof from the Contractor or its sureties. In case of emergency, where in the opinion of the Town delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and its surety shall be liable for the cost thereof.

15. Laws To Be Observed.

15.1. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

15.2. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work and shall protect and indemnify the Town, and all officers and employees thereof against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Town in writing.

15.3. Contractor must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference or marital status, and shall comply with the Americans with Disabilities Act.

15.4. This public works Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including, but not limited to, requirements pertaining to wages, working hours and workers’ compensation insurance. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
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15.5. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

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

16. Utility Facilities.

16.1. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed or relocated or otherwise rearranged.

16.2. If Contractor, while performing the Work, discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the Town and the utility owner. Town shall arrange the removal, relocation or protection of all such existing utility facilities.

16.3. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to exercise reasonable care, and remove or relocate existing utility facilities, it shall be compensated under Section 8, including payment for equipment on the Project necessarily idled during such work.

16.4. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of Town, or the owner of the utility, to provide for removal or relocation of existing utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work.

16.5. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of Town, or the owner of the utility, to provide for removal or relocation of existing utility facilities not indicated in the Contract Documents.

16.6. The right is reserved by the Town and the owners of facilities or their authorized agents, to enter the work site for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.

16.7. Attention is directed to the possible existence of underground facilities not known to the Town or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all steps reasonably necessary to ascertain the 192
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exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA to mark utilities.

17. Differing Site Conditions.

17.1. The Contractor shall promptly, and before the following conditions are disturbed, notify the Town in writing of any:
(a) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, or (c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

17.2. The Town shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.

17.3. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents.

17.4. In the event a dispute arises between the Town and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with the Work. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.

18. Records and Audits.

18.1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

18.2. Contractor shall permit Town and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills 193
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submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Town further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract. Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for this three-year period.

19. Waivers of Liens. Upon request, the Contractor shall submit a complete list of major suppliers and/or subcontractors who will be providing material and/or labor for the performance of the Work, and shall submit with each payment request waivers of lien from each major supplier and/or subcontractor. A sample of this form will be furnished by the Town.

20. Back Charges. Charges from Contractor to Town will not be honored or paid by Town unless the charges are authorized and approved by Town at the time the Work for which a charge is submitted is being performed.

21. Clean-up. Contractor will remove from the project site all debris, unused materials or equipment resulting from performance of the Work, no less often than daily. If Contractor fails to do so, Town may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price.

22. Claims. If any dispute shall arise between Town and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation to Town within ten (10) days after commencement of the disputed work.

Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

23. Claims Resolution. Disputes arising under this Contract shall be resolved in accordance with the procedures set forth in Sections 9204 and 20104 et seq. of the Public Contract Code.

24. Termination.

24.1. Should Contractor fail within three (3) working days from receipt of Town's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of Town or failure pay its creditors, Town may terminate this Contract for default.

Following a termination for default, Town shall have the right to take whatever steps it deems necessary to correct and complete the Work and charge the cost thereof to Contractor, who shall be liable for the full cost of Town's corrective action, including reasonable overhead, profit and attorneys' fees.

24.2. Town may at any time terminate the Contract at Town's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of work completed to the date of termination, which cost shall be documented to Town’s satisfaction, plus a reasonable amount not to exceed fifteen 194
16 970426v5 25123/0010
percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against Town for any additional compensation or damages in the event of such termination.

24.3. If Town terminates Contractor for default, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under section 24.2, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

25. Notices. Written notice, where required by the terms of this Contract, may be accomplished by personal delivery, by facsimile, or by United States mail or any standard form of overnight delivery. The written notice shall become effective upon delivery.

Delivery is complete when the notice is hand-delivered to Contractor or its representative at the Project or at the office address of Contractor appearing in this Contract, or when a copy of the notice is transmitted a facsimile between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (or if outside these periods, on the next business day) as evidenced by a confirmation receipt, or two days after mailing by U.S. Mail, or upon the receipt of the notice as evidenced by a delivery receipt from a recognized overnight delivery service.

26. Waiver of Subrogation. Town and Contractor waive all rights against each other and against all other subcontractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the Project, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.

27. License Requirement. Contractor’s attention is directed to Business and Professions Code Section 7000 et seq. concerning the licensing of contractors. Town has determined that the Contractor shall have the license specified in the Special Provisions at the time it submits its bid (unless Town is receiving federal funds for this project, in which case Contractor must have the required license at the time it enters into this Contract) and at all times Contractor is performing work under this Agreement. Contractor and all subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to penalties imposed by such laws.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION

TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT

REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A

LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY

QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE 195
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REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

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

29. Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the Supplemental General Conditions.

30. Governing Law and Venue. This Contract shall be governed by California law and venue shall be in the Superior Court of the County in which the Project is located, and no other place.

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

32. Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between Owner and Contractor. If any provision of this Contract, or portion thereof, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract shall remain in full force and effect.

33. Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.

34. Miscellaneous. This Contract is made and entered into in the Town of Moraga in Contra Costa County in the State of California and shall be interpreted, construed and enforced in accordance with the Laws of the State of California without reference to its choice of laws rules. The word "including" shall be construed as if followed by the words "without limitation." This Contract shall be interpreted as though prepared jointly by both parties. Nothing contained herein nor any acts of the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto. Each individual or entity executing this Contract on behalf of Contractor represents and warrants that he or she or it is duly authorized to execute and deliver this Contract on behalf of Contractor and that such execution is binding upon Contractor. All exhibits attached to this Contract are hereby incorporated by reference as though fully restated herein. 196
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IN WITNESS WHEREOF, the Town and Contractor have executed this Contract as of the date first above written.

TOWN OF MORAGA CONTRACTOR
By: By:

Scott Mitnick, Town Manager
Title
APPROVED AS TO FORM: Contractor's License No.:

Michelle Marchetta Kenyon,
Town Attorney
ATTEST:

Amy Heavener, Town Clerk
FUNDING:

Katie Bruner,
Administrative Service Director
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ATTACHMENT A
Supplemental Conditions
SC-1 Reference to CalTrans Standard Specifications. Any reference to “CalTrans Standard Specifications,” “State Specifications,” or “CSS” within these Contract Documents shall mean the applicable versions of the Standard Specifications of the State of California, Department of Transportation and any associated Revised Standard Specifications or “RSS” specified in the General Conditions and, if none, the current version. Regardless, the following shall apply:

1.1 In case of conflict between the CalTrans Standard Specifications and the Contract Documents, the Contract Documents shall govern.

1.2 Where the term “Engineer” is used in the CalTrans Standard Specifications, it shall mean the Town Engineer or authorized designee(s).

1.3 Where the term “Director” is used in the CalTrans Standard Specifications, it shall mean the Town Manager or authorized designee(s).

1.4 Where the term “Special Provisions” is used in the Standard Specifications, it shall mean these Contract Documents.

1.5 Where the term “State” is used in the Standard Specifications, it shall mean “Town of Moraga” or “Owner.”

1.6 Where the term “Owner” is used, it shall mean “Town of Moraga” unless otherwise stated.

1.7 Any provisions for measurement and payment specified in the Standard Specifications shall be disregarded and the provisions of the Contract Documents shall govern.

SC-2 Reference to Greenbook. Any reference to “Greenbook Standard Specifications,” “Greenbook Specifications,” or “Greenbook” within these Contract Documents shall mean the applicable versions of the Standard Specifications of Public Works Construction, 2018 Ed., Publ.

BNi Building News.

SC-3 Liquidated Damages. As provided in Section 6.6 of the Contract, Contractor shall pay to Town the sum of $_________________or each and every calendar day’s delay in completion of the Work.

SC-4 License Classification. In accordance with Section 3300 of the Public Contract Code, the Town has determined that the Contractor shall have a Class_________License at the time it enters into the Contract and at all times it is performing the Work. 198
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SC-5 Cooperation and Care

5.1 Should construction be under way by the Town, other agencies or other contractors within or adjacent to the limits of the Work or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to avoid any delay or hindrance to their work. The Town reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

5.2 Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The Town shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions.

SC-6 Authorized Work Days and Hours.

6.1 Authorized Work Days.

6.1.1 Except as expressly authorized in writing by the Owner, the Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays: Monday – Friday

6.1.2 Holidays. The following is a list of dates on which Holidays are observed for the period between January 2025 and December 2025:

New Year's Day January 1, 2026
Martin Luther King Day January 19, 2026
Presidents Day February 16, 2026
Memorial Day May 25, 2026
Independence Day July 4, 2026
Labor Day September 7, 2026
Veterans Day November 11, 2026
Thanksgiving Day November 26, 2026
Day after Thanksgiving November 27, 2026
Christmas Eve December 24, 2026
Christmas Day December 25, 2026

6.2 Authorized Work Hours.
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6.2.1 Except as expressly authorized in writing by the Owner, the Contractor is limited to performing Work on the Project during the following hours 8:00 a.m. to 4:00 p.m.

6.2.2 Except as expressly authorized in writing by the Owner, work affecting traffic is limited to the following hours 9:00 a.m. to 3:30 p.m. Monday through Friday or as limited by encroachment permit. Work in the public Right of Way is subject to an encroachment permit issued by the Town.

6.3 Work outside of Authorized Work Days or Authorized Work Hours.

6.3.1 Except as expressly authorized in writing by the Owner, the Contractor shall not work outside of Authorized Work Days or Authorized Work Hours. Work by the Contractor outside of Authorized Work Days or Authorized Work Hours is subject to penalty in accordance with Section 15 of these Supplemental Conditions.

6.3.2 If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the Town. The request must be received at least two (2) working days in advance of any work. No work will be allowed on holidays except in the case of an emergency. If Contractor requests overtime work in which the Town will incurs costs, Contractor shall be responsible for payment of the Town’s costs incurred in connection with the overtime work. The Town will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the Town may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

SC-7 Progress of the Work. The Town shall have the authority to suspend the Work wholly or in part, for such a period as the Town may deem necessary.

SC-8 Limits Of Work. The "limits of work" are shown on the plans (where applicable).

The Contractor shall make its own arrangements, and pay all expenses for additional area required outside of the limits of work unless provided in the Special Provisions.

SC-9 Disposal of Waste. All waste materials shall be properly disposed of by the Contractor immediately upon generation, and the Contractor shall maintain the site in a neat and clean condition. The Contractor shall be responsible for all costs associated with the storage, removal and disposal of waste materials associated with their or their subcontractor’s construction activities. The Contractor shall not dispose of waste in Town-owned or leased or private third party owned or leased waste facilities or bins except as expressly authorized in writing by the Owner. The Contractor shall be responsible for complying with any requirements for waste recycling, and shall register with and provide all documentation required by “Green Halo Systems” for the town of Moraga and Contra Costa County.

SC-10 Security. The contractor is responsible for securing the construction site to reasonably exclude authorized access by the general public and maintain a safe working environment for the public, the owner and their agents, and the contractor’s workers and subcontractor’s both during construction and during period when construction is not occurring.

SC-11 Access. The Contractor shall not impair or impede access for workers or the public to the adjacent facilities, building or other amenities of the Morraga Commons Park, except in the defined construction area as approved by the Owner or as expressly authorized in writing by the 200
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owner. The Contractor shall be aware of the general public, including children may be present near the construction site and should take all appropriate precautions.

SC-12 Air Board Regulations. The Contractor shall comply with all applicable provisions of the Bay Area Air Quality Management District and the California Air Resources Board, including provisions of the California Code of Regulations Sections 2449, 2449.1, and 2449.2, Title 13, relating to In-Use Off-Road Diesel-Fueled Fleets, issued by the California Air Resources Board. The Contractor warrants that it shall be knowledgeable of and comply with the Regulation at all times prior to and during its work on the Project.

SC-13 Regional Water Quality Control Board Regulations. The Contractor shall comply with all applicable provisions of Regional Water Quality Control Board and the Contra Costa Clean Water Program.

SC-14 Changed Quantity Payment Adjustments. The Owner may make changes within the scope of work and add extra work. The Owner will describe the changes and extra work, the payment basis, and any time adjustment in a Change Order in accordance with the General Conditions. The Architect/Engineer shows a bid item quantity as a final pay item for payment purposes only. For a final pay item, the Contractor shall accept payment based on the Bid schedule listed quantity, regardless of actual quantity used, unless dimensions are changed by the Architect/Engineer. Where an adjustment in quantity is deemed appropriate by the Architect/Engineer, for changes of 50% or less difference between a Bid Schedule listed quantity and a final item quantity, payment adjustments will be determined based on the bid item unit prices and final item quantity as determined by the Owner. If a Unit Cost adjustment is requested for a final item quantity of greater than 50% difference from the Bid schedule listed quantity, the Contractor shall submit detailed cost data for a unit price adjustment for a bid item.

14.1 If the total bid item quantity exceeds 150 percent of the quantity shown on the Bid Item List and if no approved Change Order addresses payment for the quantity exceeding 150 percent, the Owner may adjust the unit price for the excess quantity under Section 7.43 of the General Conditions or the following:

14.1.1 The adjustment is the difference between the unit price and the unit cost of the total item pay quantity.

14.1.2 In determining the unit cost, the Owner excludes the item's fixed costs. The Contractor shall have recovered the fixed costs in the payment for 150 percent shown on the Bid Item List.

14.1.3 After excluding fixed costs, the Owner determines the item unit cost under Section 7.43 of the General Conditions.

If the payment for the number of units of a bid item in excess of 150 percent of the Bid Item List is less than $5,000 at the unit price, the Owner may not adjust the unit price unless the Contractor requests it.

14.2 If the total item pay quantity is less than 50 percent of the quantity shown on the Bid Item List and if no approved Change Order addresses payment for the quantity less than 50 percent, the Contractor may request a unit price adjustment. The Owner may adjust the unit price for the decreased quantity under Section 7.43 of the General Conditions or 201
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the following:

14.2.1 The adjustment is the difference between the unit price and the unit cost of the total pay quantity.

14.2.2 In determining the unit cost, the Owner includes the item's fixed costs.

14.2.3 After including fixed costs, the Owner determines the item unit cost under Section 7.43 of the General Conditions.

SC-15 Eliminated Items. If the Owner eliminates an item, the Owner pays the Contractors documented costs incurred before the elimination notification date. The Contractor shall provide all supporting documentation demonstrating the costs incurred and justification to the Owner prior to a change order being prepared. If the Contractor orders authorized material for an eliminated item before the notification date and the order cannot be canceled, either of the following occurs:

15.1 If the material is returnable to the vendor, the Owner orders the Contractor to return the material and the Owner pays the Contractor’s handling costs and vendor charges.

15.2 The Owner pays the Contractor’s cost for the material and its handling and becomes the material owner.

15.3 The Owner determines the payment for the eliminated bid item in accordance with Section 7.43 of the General Conditions.

SC-16 Price Index Fluctuations. Payment adjustments will not be provided for price Index fluctuations.

SC-17 Mobilization Costs. Mobilization costs shall not exceed 5% to the total contract value.

SC-18 Demobilization Costs. Demobilization costs shall not be reimbursable prior to 50% completion of the project work based on the bid schedule, at less than 25%of demobilization bid prior to 75% completion, at less than 50%of demobilization bid prior to substantial completion, and the remaining demobilization cost may be reimbursed after final completion is attained. The Contractor shall not invoice for work prior to the work being completed and reimbursable.

SC-19 Retention Release. Inclusive of the requirements as set forth in Section 9.7 of the General Conditions, the Contractor shall submit a request for release of retention as an invoice no less than 35 days after recording of the Notice of Acceptance or other equivalent instrument with the Contra Costa County Recorder.
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Attachment B

NON-COLLUSION DECLARATION
The undersigned declares:

I am the of , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].

Signed: Date:

Bidder's Name:
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Attachment C
DIR AND SB 96 COMPLIANCE AFFIDAVIT
No contractor or subcontractor may be listed on a bid proposal for a public works project or be awarded a contract for public work on a public works project unless registered with the California Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 177 1).

NOTE: This section does not apply to public works performed of $25,000 or less comprised of construction, alteration, demolition, installation, or repair s, or of $15,000 or less comprised of maintenance. Pursuant to Public Contract Code section 4104, bidders must provide the DIR registration numbers for all subcontractors listed in a bid for a project.

This project is subject to compliance monitoring and enforcement by the DIR.

In accordance with California Labor Code as amended through Senate Bill SB 96, prior to commencement of the Contract, all Contractors are required to register, and maintain active registration throughout the duration of the contract with the DIR. For information regarding registration, please go to: http://www.dir.ca.gov/
I, the Bidder, certify that:
"I am aware of the provisions of Senate Bill SB 96 and subsequent DIR regulations, which require contractors to comply with all labor compliance requirements including, but not limited to, prevailing wage requirements, Labor Code sections 1725.5, 1771.1 (a), 1774-1776, 1777.5, 1813, 1815, Public Works Contractor Registration Program, Electronic Certified Payroll Records to Labor Commissioner, Public Contract Code section 4104, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract and maintain compliance throughout the completion of said contract." s/
CSLB License # and Classification
Name and Title [print] DIR Registration Number
Company Name Labor Classifications
Labor Classifications (cont.)
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Attachment D

WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code; and I will comply with such provisions before commencing the performance of the work of this contract." Bidder's Signature
Name
Title
Company Name
Date
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Attachment E

INSURANCE ACKNOWLEDGMENT
I have reviewed the Town of Moraga’s insurance requirements for this project, and I am aware of the types and amounts of insurance coverages that are required. I am also aware that my insurance company is required to use the Certificate of Insurance Form, and General Liability Special Endorsement, Automobile Liability Special Endorsement, and Workers' Compensation and Employer's Liability Special Endorsement Forms, provided herein. I have reviewed the Town of Moraga’s insurance requirements with my insurance carrier, and I will be able to provide the required insurance coverages on the specified forms if awarded this project.

Bidder's Signature `
Date
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Attachment F

SUBCONTRACTOR LIST
For each Subcontractor who will perform a portion of the Work in an amount in excess of ½ of one percent of the Bidder’s total Contract Price,
1 the Bidder must list a description of
the work, the name of the Subcontractor, the location of its place of business, and other information specified below. Note to Bidders: Please print legibly. Illegible forms may be rejected.

DESCRIPTION OF
WORK

SUBCONTRACTOR NAME
AND

LOCATION OF PLACE OF

BUSINESS

LICENSE NUMBER

DIR REGISTRATION

NUMBER (LABOR CODE
1725.5)
1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. 207
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Attachment G

PAYMENT BOND
Town of Moraga (“Owner”) and (“Contractor”) have entered into a contract, dated , 20 (“Contract”) for work on the
_____________________________________________________ (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. Pursuant to this Bond, Contractor as principal and , its surety (“Surety”), are bound to Owner as Obligee in an amount not less than Dollars ($ ) (“Bond Sum”), pursuant to California Civil Code Sections 9550, et seq.

2. If Contractor or any of its Subcontractors fails to pay any of the persons named in California Civil Code Section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its Subcontractors, pursuant to Section 13020 of the California Unemployment Insurance Code, with respect to the work and labor, that Surety will pay for the same, and also, in case suit is brought upon the Bond, a reasonable attorney’s fee, to be fixed by the court.

3. This Bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

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

5. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Owner waives requirement of a new bond for any supplemental contract pursuant to Civil Code Section 9550.

6. This Bond shall be governed by California law, and any dispute pursuant to this Bond shall be venued in the Superior Court of the County in which the Project is located, and no other place. Surety shall be responsible for Owner’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. This Bond is entered into and is effective on , 20 . Two (2) identical counterparts of this Bond, each of which shall be deemed an original for all purposes, are hereby executed and submitted.
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SURETY:
s/
Name:

Title:
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
s/
Name:

Title:
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Attachment H

PERFORMANCE BOND
Town of Moraga (“Owner”) and (“Contractor”) have entered into a contract, dated , 20 (“Contract”) for work on the
_____________________________________________________ (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. Pursuant to this Bond, Contractor as principal and , its surety (“Surety”), are bound to Owner as Obligee in an amount not less than Dollars ($ ) (“Bond Sum”). The Contractor and Surety hereby bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein.

2. If Contractor fully performs its obligations under the Contract, Surety’s obligations under this Bond shall become null and void. Otherwise Surety’s obligations shall remain in full force and effect. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of Work under the Contract.

3. Upon making a demand on this Bond, Owner shall make the Contract Balance available to Surety for completion of the work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by Owner to the Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which Owner is entitled under the terms of the Contract.

4. Upon written notification from Owner that Contractor is in default, Surety shall promptly (within forty (40) calendar days) act to remedy the default through one of the following courses of action:

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

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

4.3. Undertake to perform and complete the Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 5 below, for the performance and completion of the Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph, Owner may still hold Surety liable for future 210
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damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 5 and 6.3 below

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2, 4.3, or 4.4 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Contract obligations.

Surety’s obligations include, but are not limited to:

6.1. Contractor’s obligations to complete the Contract and correct Defective Work;

6.2. Contractor’s obligations to pay liquidated damages; and

6.3. To the extent otherwise required of Contractor under the Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor’s Default.

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten (10) Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

8. If Surety elects to act under Paragraphs 4.1, 4.2, 4.3, or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Bond Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 4 above. Surety consents to all terms of the Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 4 above shall release or exonerate Surety on this Bond or in any way affect the 211
Attachment H
970426v5 25123/0010
obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in the Contract. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. This Bond shall be governed by California law, and any dispute pursuant to this Bond shall be venued in the Superior Court for the County in which the Project is located, and no other place. Surety shall be responsible for Owner’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

14. This Bond is entered into and effective on ,20 . Two (2) identical counterparts of this Bond, each of which shall be deemed an original for all purposes, are hereby executed and submitted.

SURETY:
s/
Name:

Title:
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
s/
Name:

Title:
212
Attachment I
970426v5 25123/0010
Attachment I

SITE VISIT AFFIDAVIT
NAME OF PROJECT: _________________________________________________ Project, Town of Moraga, County of Contra Costa, State of California. , being first duly sworn, deposes
(Printed Name of Contractor’s Authorized Representative) he or she is
of ,
(Title of Representative) (Bidder’s Name)
the party making the bid, has visited the Site of the Work on _____________ day of _________________, 20______as described in the Contract Documents and has examined and familiarized themselves with the existing conditions, as well as all other conditions relating to the construction which will be performed. The submitting of a bid shall be considered an acknowledgement on the part of the Bidder of familiarity with conditions at the site of Work.

The Bidder further acknowledges that the site examination has provided adequate and sufficient information related to existing conditions which may affect cost, progress or performance of the Work.
(Authorized Signature)
(Date)
213
Attachment C
Town Hall Solar Site Plan
The roof replacement will be completed before installation of the Town Hall roofmounted solar improvements shown generally below. 214
DEPARTMENT REPORTS: 9B.

To: Honorable Mayor and Councilmembers
From: Nate Levine, Interim Public Works Director / Town Engineer Jeanet Lara, Senior Administrative Assistant
Subject: Fiscal Year 2026-27 Street Lighting Assessment Annual Engineer’s Report and Declaring Intention to Levy and Collect Assessments for Fiscal Year 2026-27
Meeting Date: May 27, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt two Resolutions:

1. Approving the Assessment District No. 1979-1, Town of Moraga Street Lighting Engineer’s Report for Fiscal Year 2026-27.

2. Declaring the Town of Moraga’s intention to levy and collect Assessment District No. 1979- 1, Town of Moraga Street Lighting assessments for Fiscal Year 2026-27, and setting a Public Hearing date for June 24, 2026.

BACKGROUND
Assessment District No. 1979-1, Town of Moraga Street Lighting (“District”) was formed on May 30, 1979, pursuant to the Landscaping and Lighting Act of 1972 (“Act”), for the purpose of funding street lighting, traffic signal, and related improvements and services within the District.

In practice, the District funds the operation, maintenance, and related costs of street lighting and traffic signal improvements within the District.

Between District formation in 1979 and Fiscal Year (FY) 1998-99, District assessments ranged from $0.00 to $29.00. For ten years, between FY 1999-00 and 2009-10, assessments remained unchanged at $16.00 per year.

In the spring of 2010, the Town conducted the noticing and balloting procedures required by Proposition 218 and successfully received property owner approval to increase annual District assessments to a maximum assessment rate of $58.00 (per single-family home) commencing with FY 2010-11, which could be escalated annually by the lesser of the change in the 215
Consumer Price Index or 5%. Since then, the Town has not applied the authorized escalator and has continued to levy the originally approved assessment rate of $58.00.

Each year, to continue levying assessments for the District, the Town must complete the annual proceedings required by the Act. Those proceedings generally include the following:

1. Initiate proceedings and order preparation of the Engineer’s Report. The Town Council completed this step on April 22, 2026, by adopting a resolution initiating proceedings for FY 2026-27 and ordering preparation and filing of the annual Engineer’s Report for the District.

2. Approve the Engineer’s Report, declare the Town’s intention to levy and collect assessments, and set the public hearing. This is the current action before the Town Council. If approved, the Town Council will approve the Engineer’s Report for FY 2026-27, declare its intention to levy and collect assessments for FY 2026-27, and set the public hearing for June 24, 2026.

3. Conduct the public hearing and consider final levy approval. At a future public hearing, the Town Council will receive public input, consider any protests or comments, and consider adoption of a resolution confirming the Engineer’s Report and ordering the levy and collection of assessments for FY 2026-27.

Following completion of these proceedings, the Town must submit the approved assessments to the Contra Costa County Auditor by August 10, 2026, for inclusion on the FY 2026-27 property tax roll.

DISCUSSION
The Town has contracted with Francisco and Associates (“District Engineer”) to prepare the FY 2026-27 Engineer’s Report, consistent with the Town Council’s April 22, 2026, direction initiating the annual assessment proceedings. The Engineer's Report (Attachment C) includes a map of the District boundaries (Attachment D), which encompasses approximately 4,200 parcels within the Town that pay an annual assessment for the maintenance and operation of traffic signals and approximately 1,000 streetlights.

The Engineer’s Report recommends continuing to levy the same assessment rate of $58.00 for FY 2026-27 to fund the construction, maintenance, and servicing of existing and future public lighting and traffic signal facilities.

In order to levy and collect District assessments each year, a public hearing must be scheduled and noticed by publication in a paper of general circulation. The public hearing for FY 2026-27 is recommended to be scheduled for the Town Council meeting on June 24, 2026, at 5:30 p.m.

FISCAL IMPACT
This District generates approximately $200,000 annually. The revenue is deposited into Lighting Assessment District Fund 355 and augmented by a transfer of approximately $12,000 interest earnings and $40,000 from Property Tax Special Lighting District Fund 140 to cover the portion of District costs attributed to parcels in the Town and not in the District, and general benefit to the public at large.
216
The table below summarizes FY 2024-25 actual expenditures, FY 2025-26 projected expenditures, and the FY 2026-27 proposed budget for the District.

Expenditure
Descriptions
FY 2024-25
Actual
Expenditures
FY 2025-26
Projected
Expenditures
FY 2026-27
Proposed
Budget
Contract Services $31,210 $25,000 $24,750
Utilities $173,772 $191,954 $190,000
Maintenance of
Traffic Signals
$97,370 $24,451 $55,000
Staff Time/Labor
Costs
$4,837 $5,000 $5,000
Membership $945 $945 $945
Advertisement and
Legal
$0 $400 $400
Totals: $308,133 $247,750 $276,095
The estimated revenues projected to be deposited into Lighting Assessment District Fund 355 for FY 2026-27 are approximately $252,000, including interest earnings. The projected FY 2026-27 expenses for utilities, repairs, contract services, maintenance of the Town’s existing streetlights and traffic signals, and administrative costs associated with the District are $276,095. Therefore, FY 2026-27 expenditures are projected to exceed revenues by approximately $24,000.

The District is estimated to have a fund balance of approximately $541,000 as of June 30, 2026, which is sufficient to cover the projected FY 2026-27 shortfall.

During FY 2026-27, staff will further evaluate the District’s ongoing operating costs, deferred operations and maintenance needs, and long-term repair and replacement obligations for District-funded street lighting and traffic signal facilities. This review will consider utility cost increases and other operating cost escalations that have occurred since the assessment rate was last approved, as well as future streetlight and traffic signal asset replacement needs.

Based on that review, staff will develop a reserve and maintenance funding plan for the District, and may return next year with a recommendation to increase the assessment within the District’s authorized assessment authority.

The Town is also coordinating with Pacific Gas and Electric to convert existing high-pressure sodium vapor (HPSV) lamps to energy-efficient Light-Emitting Diode (LED) lamps during FY 2026-27 in the Moraga Country Club neighborhood and along Alta Mesa from Paseo Bernal to the end of the public roadway. These upgrades are expected to be completed at no cost to the Town and will provide improved illumination and reduced energy consumption in these areas.

Because the District has sufficient reserves to cover the projected FY 2026-27 shortfall, staff does not recommend applying for an assessment increase for FY 2026-27. 217

CEQA COMPLIANCE
This action is not subject to review under the California Environmental Quality Act (CEQA) because it is not a “project” within the meaning of Public Resources Code section 21065 and CEQA Guidelines section 15378 and will not result in a direct or reasonably foreseeable indirect physical change in the environment.

ALTERNATIVES

1. Approve the proposed Resolutions with modifications; or

2. Do not adopt the proposed resolutions and provide direction to staff.

NEXT STEPS
Upon adoption of the Resolution approving the Engineer's Report and the Resolution of Intention to Levy and Collect District Assessments for FY 2026-27, staff will then schedule a Public Hearing date for June 24, 2026. Town Council will be asked to adopt another Resolution at the Public Hearing to confirm the Engineer's Report and levy of District assessments for FY 2026-27.

ATTACHMENTS
Attachment A - Draft Resolution - Approve Report
Attachment B - Draft Resolution - Intent to Levy
Attachment C - Street Lighting District No 1979-1
Attachment D - Moraga Assessment Diagram
218
Attachment A
Resolution No. XX-2026 1 May 27, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. XX-2026
APPROVING THE ASSESSMENT DISTRICT NO. 1979-1, TOWN OF MORAGA STREET LIGHTING ENGINEER’S REPORT FOR FISCAL YEAR 2026-27 WHEREAS, the Town Council of the Town of Moraga on May 30, 1979, by Resolution 28-79 has heretofore ordered the improvements and formation of Assessment District No. 1979-1, Town of Moraga Street Lighting (the “District”); WHEREAS, the Town Council of the Town of Moraga has determined to proceed to levy an annual assessment after the formation of the District under Streets & Highways Code Sections 22620-22631, and on April 22, 2026, by Resolution 21-2026, ordered the District Engineer to prepare and file an Engineer’s Report for Fiscal Year 2026-27 in accordance with Article 4 (beginning with Streets & Highways Code Section 22565) Chapter 1 of the Landscaping and Lighting Act of 1972; WHEREAS, improvements in Fiscal Year 2026-27 consist of the maintenance of the Town's existing streetlights, traffic signals, and continued exploration to install street lighting fronting commercial centers;
WHEREAS, substantial changes to the District improvements for Fiscal Year 2026-27 include converting 106 existing high-pressure sodium vapor (HPSV) lamps to Light-Emitting Diode (LED) technology for improved illumination and energy consumption reductions in the Moraga Country Club neighborhood and along Alta Mesa from Paseo Bernal to the end of the public roadway; and WHEREAS, Francisco and Associates has submitted the Engineer's Report containing all the elements required for such reports pursuant to the Landscaping and Lighting Act of 1972, including (1) Plans and Specifications for the District Improvements and Maintenance; (2) an estimate of the annual cost of the improvements; (3) a diagram for the District; (4) a method of apportionment of assessment; and (5) a Property Owner List and Assessment Roll.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga hereby approves the Engineer's Report for Assessment District No. 1979-1, Town of Moraga Street Lighting for Fiscal Year 2026-27. 219
Attachment B
Resolution No. XX-2026 1 May 27, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. XX-2026
DECLARING THE TOWN OF MORAGA’S INTENTION TO LEVY AND COLLECT ASSESSMENT DISTRICT NO. 1979-1, TOWN OF MORAGA STREET LIGHTING ASSESSMENTS FOR FISCAL YEAR 2026-27 AND SETTING A PUBLIC HEARING DATE FOR JUNE 24, 2026
WHEREAS, the Town Council of the Town of Moraga on May 30, 1979, by Resolution 28-79, has heretofore ordered the improvements and formation of Assessment District No. 1979-1, Town of Moraga Street Lighting (the “District”); WHEREAS, the Town Council of the Town of Moraga has determined to proceed to levy an annual assessment after the formation of the District under Streets & Highways Code Sections 22620-22631, and on April 22, 2026, by Resolution 21-2026, ordered the District Engineer to prepare and file an Engineer’s Report for Fiscal Year 2026-27 in accordance with Article 4 (beginning with Streets & Highways Code Section 22565) Chapter 1 of the Landscaping and Lighting Act of 1972; WHEREAS, on May 27, 2026, the Town Council considered and approved the Engineer's Report as filed with the Clerk of this Council; WHEREAS, in the Engineer's Report, assessments are not proposed to be increased over the previous fiscal year; and
WHEREAS, the proposed assessments were authorized by a special ballot proceeding conducted in the spring of 2010 pursuant to the procedures and approval process set forth in Section 4 of Article XIII D of the State Constitution and Section 53753 of the Government Code.

NOW, THEREFORE, BE IT RESOLVED THAT

1. The Town Council of the Town of Moraga declares its intention to levy and collect assessments within the District for Fiscal Year 2026-27;

2. The improvements for Fiscal Year 2026-27 consist of the maintenance or servicing, or both, of public street lighting and traffic signal facilities benefiting property within the District;

3. The Town intends to program future capital improvement projects upon the completion of the street light master plan, which will assist the Town in determining future needs, costs, and priorities associated with streetlight improvements;

4. The Town intends to continue exploring the installation of street lighting on streets fronting commercial centers;
220
Attachment B
Resolution No. XX-2026 2 May 27, 2026

5. The District is designated as "Assessment District No. 1979-1, Town of Moraga Street Lighting," consisting of all the territory within the boundaries as described in the Engineer’s Report and comprising, in general, those areas within the Town which are served with public street lighting and traffic signal facilities;

6. The Engineer’s Report is on file with the Town Clerk and contains a full and detailed description of the improvements, boundaries of the District, and the proposed assessments upon assessable lots and parcels of land within the District;

7. The Town Council will hold a Public Hearing on June 24, 2026, at 5:30 p.m. at a regularly scheduled Town Council meeting on the question of the levy of the proposed assessments; and

8. The Town Clerk is directed to give notice of the Public Hearing by having the Resolution published and posted under Section 6061 of the Government Code and Sections 22552 and 22554 of the Streets and Highways Code. 221
Assessment District No. 1979-1,
Town of Moraga Street Lighting
Fiscal Year 2026-27
Preliminary Engineer’s Report
May 27, 2026
Attachment C
222
ASSESSMENT DISTRICT NO. 1979-1
FISCAL YEAR 2026-27 TABLE OF CONTENTS
-iTABLE OF CONTENTS
AGENCY DIRECTORY .................................................................................................ii CERTIFICATIONS........................................................................................................ iii SECTION I – Introduction..............................................................................................1 SECTION II – Engineer’s Report...................................................................................3 PART A – Plans and Specifications .......................................................................4 PART B – Estimate of Cost ...................................................................................5 PART C – Assessment District Diagram................................................................6 PART D – Method of Apportionment of Assessment .............................................8 PART E – Property Owner List and Assessment Roll..........................................13

223
ASSESSMENT DISTRICT NO. 1979-1
FISCAL YEAR 2026-27 AGENCY DIRECTORY
-iiTOWN OF MORAGA

COUNCIL MEMBERS AND STAFF DIRECTORY
Kerry Hillis
Mayor
Brian Dolan
Vice Mayor
Steve Woehleke
Council Member
Lisa Maglio
Council Member
Graham Thiel
Council Member
Scott Mitnick
Town Manager
Katie Bruner
Administrative Services Director
Nate Levine
Interim Public Works Director/
Town Engineer
Amy Heavener
Town Clerk
Sonia Urzula
Planning Director
Jeanet Lara
Senior Administrative Assistant
Mackenzie Brady
Parks and Recreation Director
Jon King
Police Chief
Francisco & Associates
Assessment Engineer
224
ASSESSMENT DISTRICT NO. 1979-1
FISCAL YEAR 2026-27 CERTIFICATIONS
-iiiCERTIFICATIONS
The undersigned respectfully submits the enclosed Engineer’s Report, as directed by the Town Council of the Town of Moraga, pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972 (Section 22500 et. Seq. of the California Streets and Highways Code). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: By:

Ed Espinoza, P.E.

RCE No. 83709
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with me on the day of , 2026.

By:

Amy Heavener, Town Clerk
Town of Moraga
Conta Costa County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached was directed and adopted by the Town Council of the Town of Moraga, Contra Costa County, California, on the day of , 2026.

By:

Amy Heavener, Town Clerk
Town of Moraga
Conta Costa County, California
May 27, 2026
225
ASSESSMENT DISTRICT NO. 1979-1 SECTION I
FISCAL YEAR 2026-27 INTRODUCTION
-1-

SECTION I

INTRODUCTION
Background
Prior to 1979, the operation and maintenance of public streetlighting and traffic signals in the Town of Moraga (“Town”) was paid for with revenue generated by the Town of Moraga Street Lighting Maintenance District No. 1, a property tax-based district formed in 1974.

Proposition 13, a statewide initiative passed by voters in 1978, limited total property taxes to 1% of the value of property and substantially reduced the ongoing revenue the Town could receive for streetlighting and traffic signals. The reduced revenue was insufficient to pay electricity and maintenance costs and the Town was faced with the prospect of turning off and removing streetlights or finding another source of revenue.

On May 30, 1979, the Town adopted Resolution No. 28-79 forming Assessment District No. 1979-1, Town of Moraga Street Lighting (“District”), pursuant to the provisions of the Landscape and Lighting Act of 1972 (“Act”) to provide supplemental revenue necessary to operate and maintain the Town’s streetlighting and traffic signals. From 1979 through 2010, the cost of operation and maintenance of public streetlighting and traffic signals in the Town was funded using revenue generated from property taxes and the District.

In 2010, the Town determined that District assessments should be increased to pay for operation and maintenance costs associated with public streetlighting and traffic signals.

Since the passage of Proposition 218 in 1996, increasing District assessments requires preparing an Engineer’s Report, quantifying and segregating the general benefit attributed to the public at large versus special benefit to property, and obtaining approval from the affected property owners through noticing and balloting proceedings. The Town cannot proceed with an assessment increase if a majority of the ballots returned, weighted by proposed assessment, oppose the assessment increase.

Prior to Fiscal Year 2010-11, the Town conducted the noticing and balloting procedures required by Proposition 218 and successfully received property owner approval to increase annual District assessments. District property owners approved a maximum assessment of $58.00 per Equivalent Dwelling Unit (EDU), commencing with Fiscal Year 2010-11, that could be escalated annually by the lesser of the change in the Consumer Price Index or 5%. A single-family home is equal to one (1) EDU.

On June 9, 2010, Town Council adopted Resolution No. 50-2010 affirming the increase in assessments and requiring the Town to make annual contributions to offset the general benefit to the public at large and special benefits assigned to non-District parcels as described in the Engineer’s Report. The Town has levied District assessments at the increased rate of $58.00 per EDU since Fiscal Year 2010-11 to fund the operations and maintenance of public streetlighting and traffic signals. The District presently includes approximately two thirds (2/3) of the total parcels in the Town. 226
ASSESSMENT DISTRICT NO. 1979-1 SECTION I
FISCAL YEAR 2026-27 INTRODUCTION
-2-
Current Administration
As required by the Act, Town Council has followed a multi-step Council meeting process each year to approve the levy of assessments on parcels within the District. The annual process includes the preparation and approval of an annual Engineer’s Report and holding a public hearing.

Francisco and Associates has prepared the required Engineer’s Report for Fiscal Year 2026-27 (“Report”). This Report describes the improvements to be constructed, operated, maintained, and serviced by the District for Fiscal Year 2026-27; provides an estimated budget for the District; provides a diagram of the District boundaries; describes the method of apportionment of assessment; and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The Town Council will hold a Public Hearing on June 24, 2026, to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing, the Town Council may adopt a resolution confirming the levy of assessments. Following the adoption of this resolution, the final Assessor’s Roll for the District will be prepared and filed with the Contra Costa County (“County”) Auditor’s Office for inclusion on the Fiscal Year 2026-27 property tax roll.

Payment of the District assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the District must be placed in a special fund and can only be used for the purposes stated within this Report.
227
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 ENGINEER’S REPORT
-3-

SECTION II
ENGINEER’S REPORT

PREPARED PURSUANT TO THE PROVISIONS OF THE
LANDSCAPE AND LIGHTING ACT OF 1972 SECTIONS 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and provisions of the Landscape and Lighting Act of 1972 (Section 22500 et. Seq. of the California Streets and Highways Code), and in accordance with the Resolution of Initiation adopted by the Town Council of the Town of Moraga, on May 27, 2026. I, Ed Espinoza, the duly appointed Engineer of Work, submit the following Report consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements operated and maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the Town of Moraga, and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of cost of the improvements to be operated and maintained for Fiscal Year 2026-27, including incidental costs and expenses in connection therewith.

The estimate is attached hereto, and is on file in the Office of the Director of Public Works of the Town of Moraga.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the Town of Moraga.

PART D: METHOD OF APORTIONMENT OF ASSESSMENT
This part describes the method of apportionment of District assessments, based upon each parcel’s land use classification and in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST AND ASSESSMENT ROLL
This part contains a list of the County Assessor’s Parcel numbers, and the amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Town Clerk of the Town of Moraga and is incorporated in this Report. The list is keyed to the records of the County Assessor, which is incorporated herein by reference. 228
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART A
-4-
PART A

PLANS AND SPECIFICATIONS
The District currently provides ongoing funding for the operation, maintenance, and servicing of traffic signals and 999 streetlights in the Town. Locations of all streetlights in the Town have been surveyed using Global Positioning System (GPS) technology and mapped utilizing Geographic Information Systems (GIS). A map of District improvements is on file in the office of the Director of Public Works of the Town incorporated herein by reference.

Maintenance and Servicing has the following definitions pursuant to the Act:
“Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
(a) Repair, removal, or replacement of all or any part of any improvement. (b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, and other solid waste. (d) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Service” or “servicing” means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. (b) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Incidental expenses may also be funded using District assessment revenues. Incidentals Expenses has the following definitions pursuant to the Act:
(a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
(b) The costs of printing, advertising, and the giving of published, posted, and mailed notices.
(c) Compensation payable to the county for collection of assessments. (d) Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
(e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
(f) Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
(g) Costs associated with any elections held for the approval of a new or increased assessment.
229
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART B
-5-
PART B

ESTIMATE OF COST
The Act provides that the cost of construction, operation, maintenance, and servicing of the District improvements can be recovered by the District. Incidental expenses including administration of the District, County collection fees, engineering fees, and legal fees can also be funded by the District.

The Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds generated by the District assessments shall be used only for the purposes as stated in this Report. A contribution to the District by the Town may be made to reduce assessments, as the Town Council deems appropriate. Any balance remaining on June 30th at the end of each fiscal year must be carried over to the next fiscal year.

The estimated Fiscal Year 2026-27 revenues and expenditures for the District have been provided by the Town and are shown in the following table:

ESTIMATED REVENUES
District Assessments $ 199,545
Interest Earnings $ 12,000
Town Contribution* $ 40,212
Total Estimated Revenues: $ 251,757

ESTIMATED COSTS
Contract Services $ 24,750
Staff Time/Labor Costs $ 5,000
Utilties (Electric/Gas) $ 190,000
Traffic Signal Maintenance $ 55,000
Advertising and Legal $ 400
Membership and Dues $ 945
Town Administrative Costs $ -
Total Estimated Costs: $ 276,095
$541,164
($24,338)
$516,826
*Town Contribution is comprised of General Benefit to the public at large, Special Benefit for Non-District parcels, and assessments for parcels owned by the Town or other public agencies.

Estimated Ending Fund Balance as of June 30, 2027:

Assessment District 1979-1,
Town of Moraga Street Lighting
Fiscal Year 2026-27
Estimate of Cost and Revenue
Projected Beginning Fund Balance as of July 1, 2026:

Estimated Reserve Collection:
230
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART C
-6-
PART C

ASSESSMENT DISTRICT DIAGRAM
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. A reduced copy of the Assessment District Diagram is shown on the following page. 231

TOWN OF MORAGA
ASSESSMENT DISTRICT NO. 1979,

TOWN OF MORAGA STREET LIGHTING
¯ Legend
Town of Moraga Parcels
Assessment District No. 1979 Parcels
Town of Moraga Limits 232
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
-8-
PART D

METHOD OF APORTIONMENT OF ASSESSMENT
The Act permits the establishment of assessment districts by public agencies for the purpose of providing certain public improvements which include the operation, maintenance, and servicing of streetlighting and traffic signals.

Section 22573 of the Act requires that assessments must be levied according to benefit rather than according to assessed value as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
As a benefit-based assessment, parcels receiving benefit from improvements maintained by the District are subject to the assessment and will not be exempted as long as benefit is received. Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the California Constitution. General benefits to the public at large must be quantified and separated from the special benefits conferred to property and are not assessable to properties within the District.

Special Benefit Determination
The streetlighting and traffic signal District improvements provides the following special and direct benefit to properties within the District:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties including abatement of graffiti.
• Improved traffic circulation and reduced accidents and personal property loss. • Increased nighttime visibility resulting in enhanced safety on roads and in public areas.

LCC Engineering and Surveying, Inc. was the Assessment Engineer that assisted the Town in forming the District in 1979 and conducting the subsequent Proposition 218 proceedings in 2010. The Engineer’s Report prepared in conjunction with the Proposition 218 proceedings conducted in 2010 established the Assessment Methodology for the District as provided in this Report and separated the special benefits from District improvements into the following two components: “Frontage Special Benefits” and “Arterial/Collector Special Benefits”.
233
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
FISCAL YEAR 2026-27 PART D
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Frontage Special Benefit Component
Due to proximity, streetlights located along the frontage of property provide a special and direct benefit to those adjacent individual properties consisting of enhanced aesthetics and safety. Safety benefits include improved ingress/egress and crime deterrence for the adjacent individual properties. Streetlights located on residential streets in the Town are typically spaced 200 feet apart. Therefore, each residential streetlight provides 100 feet of lighted frontage on each side, regardless of the side of the street the streetlight is located on. Each residential streetlight is assumed to provide approximately 100 feet of enhanced lighted frontage to each detached single-family home. The Frontage Special Benefit Component for residential and non-residential parcels is calculated based on the 100 feet of lighted frontage provided to detached single-family homes as described in the Assessment Methodology section of this Report below.

Arterial/Collector Special Benefit Component
Town arterial and collector roadways provide reliable access to all areas of the Town and therefore confer a special and direct benefit to all properties within Town limits. Streetlights and traffic signals located along the Town’s arterial and collector roadways provide improved traffic circulation and increased nighttime visibility resulting in enhanced safety to all residents in the Town. Therefore, streetlights and traffic signals located along the Town’s arterial and collector roadways provide a special and direct benefit to all properties in the Town, including parcels not located within District boundaries. Streetlights located along the Town’s arterial and collector roadways require higher wattage lamps and have additional maintenance requirements as compared to residential streetlights.

Assessment Methodology
The significant majority of parcels in the District are detached single-family residential (SFR) parcels. Therefore, the special benefit received by a detached SFR parcel is identified as an Equivalent Dwelling Unit (EDU) and used as the basis to apportion the special benefits to all parcels in the Town.

An EDU is comprised of the sum of the Frontage Special Benefit Component (EDUF) and the Arterial/Collector Special Benefit Component (EDUA). EDUF is calculated by dividing a parcel’s Lighted Frontage based on residential streetlight standards described above (LF) by 100 feet, which is the lighted frontage received by a typical SFR. For residential parcels, EDUA is calculated using the number of Residential Units (RU) for the parcel. For non-residential parcels, RU is calculated by dividing a parcel’s LF by 100 feet. Street lighting corresponding to the Frontage Special Benefit Component represents 89% of the District’s total streetlighting cost. The additional cost corresponding to the Arterial/Collector Special Benefit Component represents the remaining 11%. Therefore, EDUF and EDUA are weighted accordingly to determine the EDUs for each parcel using the following formula:

𝐸𝐷𝑈𝑠 = 𝐸𝐷𝑈𝐹 + 𝐸𝐷𝑈𝐴 = (89% ×
𝐿𝐹
100) + (11% × 𝑅𝑈)
The EDU calculation for each land use classification is further described below. 234
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Single-Family Residential
Streetlights located on residential streets in the Town are typically spaced 200 feet apart.

Therefore, each residential streetlight provides 100 feet of lighted frontage on each side, regardless of the side of the street the streetlight is located on. Each residential streetlight is assumed to provide approximately 100 feet of enhanced lighted frontage to each detached single-family home. Additionally, each SFR parcel has 1 residential unit.

Therefore, each SFR is determined to equal 1.00 EDU using the following formula:

𝐸𝐷𝑈𝑆𝐹𝑅 = (89% ×
100
100) + (11% × 1) = 0.89 + 0.11 = 1.00
Condominiums and Townhouses
Condominiums and Townhouses (CONDO) parcels have less lighted frontage than a typical SFR parcel. A study analyzing the lighted frontage of condominium parcels was conducted and found the average lighted frontage per residential unit for all the various CONDO developments within the District is 28 feet. Typically, these developments also have private street lighting within the development maintained by the homeowner’s association. Additionally, each CONDO parcel has 1 residential unit. Therefore, each CONDO is determined to equal 0.36 EDUs using the following formula:

𝐸𝐷𝑈𝐶𝑂𝑁𝐷𝑂 = (89% ×
28 100) + (11% × 1) = 0.25 + 0.11 = 0.36
Multi-Family Residential
The lighted frontage for Multi-Family Residential (MFR) parcels varies significantly.

Therefore, MFR parcels are not determined to have an average frontage per residential unit as CONDOs do. Therefore, EDUs for each MFR parcel is calculated based on the lighted frontage and number of residential units for the parcel using the following formula:

𝐸𝐷𝑈𝑀𝐹𝑅 = (89% ×
𝐿𝐹
100) + (11% × 𝑅𝑈)
Commercial
Commercial (COM) parcels within the Town generally provide and pay for their own private street lighting and this lighting is also of benefit to adjacent parcels. EDUA for a COM parcel is also calculated based on the parcel’s LF divided by the lighted frontage for an SFR parcel of 100 feet. Therefore, EDUs for each COM parcel is calculated based on the lighted frontage for the parcel using the following formula:

𝐸𝐷𝑈𝐶𝑂𝑀 = (89% ×
𝐿𝐹
100) + (11% ×
𝐿𝐹
100) = 0.01 × 𝐿𝐹
Institutional
Public agencies and non-profit parcels also benefit from street lighting. These institutional (INST) parcels function similar to COM parcels in that they provide a service, therefore, the benefit received is similar to COM parcels. However, because they are not transferred as freely in the marketplace, INST parcel benefit less than privately owned parcels. It is then reasonable to assume that the benefit is half that received by similar private COM 235
ASSESSMENT DISTRICT NO. 1979-1 SECTION II
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parcels. Therefore, EDUs for each INST parcel is calculated based on the lighted frontage for the parcel using the following formula:

𝐸𝐷𝑈𝐼𝑁𝑆𝑇 =

0.01 × 𝐿𝐹
2 = .005 × 𝐿𝐹
Vacant and Unimproved
Vacant and unimproved parcels benefit from street lighting as they improve the safety and marketability of the parcel. It is assumed the benefit a Vacant parcel receives is half that received by a developed COM parcel. Therefore, EDUs for each vacant and unimproved parcel is calculated based on the lighted frontage for the parcel using the following formula:

𝐸𝐷𝑈𝑉𝑎𝑐𝑎𝑛𝑡 =

0.01 × 𝐿𝐹
2 = .005 × 𝐿𝐹
Exempt
Exempted from the District assessments are parks, streets, avenues, lanes, roads, drives, courts, alleys, easements and rights-of-ways, greenbelts and parkways, and public property that is not developed and used for business purposes similar to private residential, commercial, industrial and institutional activities.

General Benefit Determination
Arterial/Collector roadways in the Town provide a General Benefit to the public at large that is attributed to traffic traversing the Town with an origin and destination outside the Town. This general benefit is minimal and is conservatively assumed to be 5% of the street lighting and traffic signal costs attributed to the Arterial/Collector Special Benefit Component.

Town Contributions for Special Benefit and General Benefit The Town pays the portion of District costs attributed to the Frontage Special Benefit Component and Arterial/Collector Special Benefit Component for all parcels in the Town and not within the District plus the General Benefit to the public at large. The Town contribution for traffic signals is based on the percentage of Arterial/Collector Special Benefit that exists in the Town and not within the District.

Maximum and Applied Assessment Rates for Fiscal Year 2026-27 The maximum assessment rate for the District is authorized to be escalated annually by the lesser of the change in the Consumer Price Index (CPI) or 5%. The San FranciscoOakland-Hayward All Urban Consumers Consumer Price Index from December to December as published by the Bureau of Labor and Statistics is used to calculate the annual changed in the CPI. The latest annual change in CPI is 3.036%, which results in a maximum District assessment rate of $92.74 per EDU for Fiscal Year 2026-27.

For Fiscal Year 2026-27, the Town is proposing to levy the same assessment rate of $58.00 per EDU that has been levied since Fiscal Year 2010-11. A summary of the maximum and applied District assessment rates since Fiscal Year 2010-11 is shown in the table on the following page.
236
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Fiscal
Year
Authorized*
% Increase
Maximum
Assessment Rate
Applied
% Increase
Applied
Assessment Rate
FY 2010-11 N/A $58.00 N/A $58.00
FY 2011-12 1.525% $58.88 0.00% $58.00
FY 2012-13 2.929% $60.61 0.00% $58.00
FY 2013-14 2.222% $61.96 0.00% $58.00
FY 2014-15 2.579% $63.55 0.00% $58.00
FY 2015-16 2.671% $65.25 0.00% $58.00
FY 2016-17 3.178% $67.32 0.00% $58.00
FY 2017-18 3.532% $69.70 0.00% $58.00
FY 2018-19 2.943% $71.75 0.00% $58.00
FY 2019-20 4.499% $74.98 0.00% $58.00
FY 2020-21 2.453% $76.82 0.00% $58.00
FY 2021-22 2.000% $78.36 0.00% $58.00
FY 2022-23 4.244% $81.68 0.00% $58.00
FY 2023-24 4.882% $85.67 0.00% $58.00
FY 2024-25 2.625% $87.92 0.00% $58.00
FY 2025-26 2.379% $90.01 0.00% $58.00
FY 2026-27 3.036% $92.74 0.00% $58.00
*Per the All Urban Consumers, San Francisco-Oakland-Hayward, CA, All Items Consumer Price Index from December to December.

Assessment District 1979-1
Town of Moraga Street Lighting
Summary of Maximum and Applied Assessment Rates
237
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PART E

PROPERTY OWNER LIST AND ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the District is shown on the last equalized property tax roll of the County Assessor, by reference, is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the assessment amounts for Fiscal Year 2026-27 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the Town Clerk. 238

TOWN OF MORAGA
ASSESSMENT DISTRICT NO. 1979,

TOWN OF MORAGA STREET LIGHTING
¯ Legend
Town of Moraga Parcels
Assessment District No. 1979 Parcels
Town of Moraga Limits
Attachment D
239