Agenda packet — City Council and Authorities Concurrent, August 27, 2024 (part 10 of 11)

Fidelity And Deposit Company Of Maryland
Corporate Seal) Sure
By
ttomey- In- Fact Simone Gerhard
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

Attach Attomey-in- Fact Certificate) 100, 000 @8. 20 Title Simone Gerhard, Attorney- In- Fact 400, 000 @6. 35
The rate of premium on this bond is 2, 000, 000@5. 70 per thousand. The total amount of premium charges, $ $ 5, 359. 00
The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

Name and Address of Surety) Fidelity And Deposit Company Of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Name and Address of Agent or
Representative for service of
process in California, if different
from above)
847) 413- 5231
Telephone number of Surety and
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Page 34 of 44 ends

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORW
COUNTY OF S / 1
a
On to&, 20 , before me, / T n
V b1t Notary Public, personally
t
appeared who proved to me on the basis of satisfactory
evidence to be the person( s) whose names) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

ANTHONY R. LACORTE
Notary r/Z, Public- California WIT S my hand and fficial seal. p LOs Angeles County —
Commission u 2353972
My Cotrre. Uogres A7' 3. 2C25 >
Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title( s) Title or Type of Document
Partner( s) Limited
General Number of Pages
Attorney- In- Fact
Trustee( s)
Guardian/ Conservator Date of Document
Other:

Signer is representing:

Name Of Person( s) Or Entity( ies)
Signer( s) Other Than Named Above

Page 35 of 44 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
AUG 2 7 2021
On before me, Meghan Hanes, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(-s}whose names} is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in hi-&/herMieir• authorized capacity}, and that by-hWher/ diei+ signature(&) on the instrument the person04, or the entity upon behalf of which the person04 acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

MEGHAN HANES WITNESS my hand and official seal.
a COMM. # 2280722 z
re_
Z " Notary Public- California X y
Los Angeles County
My Comm Expires Mar. 12 2023 P
Signature
Me n Hanes Signature of Notary Public

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois ( herein collectively called the " Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By- Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapato, all of Los Angeles, California, EACH, its true and lawful agent and Attorney- in- Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as frilly and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/ her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6"' day of March, A.D. 2019.

N tMS p. ryY k
00{ 0,!' G7 k7}
tia' Oi4r` Ct y
4 SEAL 19
yJJ'JlJ Y!>! Yrl9
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
v
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 6th day of March, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.

Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/ she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. p 11111ijr,
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019

EXTRACT FROM BY- LAWS OF THE COMPANIES
Article V, Section 8, Attorneys- in- Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys- in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Secretary of the ZURICI-I AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the ByLaws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l 5th day of December 1998.

RESOLVED: " That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Sea] of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990.

RESOLVED: " That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 6 UG TM
own
ISAL
r " r, a` AytlLcBy: Brian M. Hodges
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196- 1056
www.reportsfclaimsnzurichna.com
800- 626- 4577
Bond Number: 9383827

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Forty Niners Stadium Management Company LLC ( hereinafter designated as the " Stadium Manager"), by action taken or a resolution passed September? 20 21 has awarded tdaCCO Engineere systems, In hereinafter designated as the " Principal," a contract for the work described as follows:

Levi's Stadium MechonicalAnd Plumbing Maintenance And Repair Services Contract ( the " Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated September7, 2021 Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and Fidelity And Deposit Comgan2OfMarylandas Surety, are held and firmly bound unto the Stadium Manager in the penal sum of Seven Hundred Fifty Thousand and 00/ 100s Dollars ($ $ 75o, 000. 00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or 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 or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme orwork of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or

Page 36 of 44 ends

attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hand d seals i 27th day of August 12021.

Corporate Seal) ACCO Engine, yste s, 1 C.

Contractor/ P i a
By
Hugh Palmer
Title Assistant Secretary
Fidelity And Dep s"t Company OfMaryland
Corporate Seal) Sure
By
Attorney- in- Fact
Title Simone Gerhard, Attorney-In- Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power- of-Attomey authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attomey authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Page 37 of 44 ends

STATE OF CALIFORNI

COUNTY OF
JLv
s , 1'
y f
On 2 before me, n I Notary Public, personally
appeared / 7 c, who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of th t of California that the foregoing paragraph is true and correct.

ANTHONY R. LACCIRTE
y y,: ar Notary Public- California ITNESS my h nd an official seal. Los Angeles County — i Commission a 2353972
MyC0M. T. ExDI'= s A]' 3. 2C25
C.

Signature of Notary Public

Signer is representing:

Name Of Person( s) Or Entity( ies)
Signer( s) Other Than Named Above

Page 38 of 44 ends

State of California
County of Los Angeles
AUG 2 7 2021
On before me, Meghan Hanes, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person{} whose name04 is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in hi-R/ her/ tie r•authorized capacity{}, and that by-liiR/ her/ die}- signature{4 on the instrument the person04, or the entity upon behalf of which the person} acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

MEGHAN HANES NESS my hand and official seal.

V, comm. # r+2280722 Z
Notary Public California z" O
Los
9 Angeles County
e My Comm. Expire.. 2023
Signature
Meg 1 Hanes Signature of Notary Public
1 ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois ( herein collectively called the " Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By- Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapato, all of Los Angeles, California, EACH, its true and lawful agent and Attorney-in- Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By- Laws of said Companies, and is now in force.

SEAL
r
nnwl. ao',r',
r
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
J.j E q•G rG r, t2pGCS
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 6th day of March, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert A Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/ she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. tj5i 151 tl71r
Constance A. Dunn, Notary Public
5,,• „ My Commission Expires: July 9, 2019
lllii 1t 15`

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 6 UG TM
own
ISAL
r " r, a` AytlLcBy: Brian M. Hodges
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196- 1056
www.reportsfclaimsnzurichna.com
800- 626- 4577
EXHIBIT " G"

RATE SCHEDULE
Billable Labor Rates Straight Daily Saturday Sunday
Time
Weekday Holiday
A Journeyman Level:
1 SHEET METAL WORKER- FOREMAN 193. 34 $ 193. 34 $ 253. 33 $ 313. 28 2 SHEET METAL WORKER- SHOP 187. 00 $ 187. 00 $ 239. 11 $ 291. 26 3 SHEET METAL WORKER- FIELD 168. 10 $ 168. 10 $ 220. 21 $ 272. 36 4 PLUMBER, STEAMFITTER, REFRIGERATION 211. 16 $ 211. 16 $ 274. 04 $ 336. 92

FITTER ( HVAC) - FOREMAN
5 PLUMBER, STEAMFITTER, REFRIGERATION 198. 08 $ 198. 08 $ 254. 63 $ 311. 19

FITTER ( HVAC)
6 UNDERGROUND UTILITY PIPEFITTER- FOREMAN $ 192. 82 $ 192. 82 $ 254. 50 $ 316. 16 7 UNDERGROUND UTILITY PIPEFITTER 171. 02 $ 171. 02 $ 226. 49 $ 281. 96 B Apprentice Level:
1 SHEET METAL WORKER- 4TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 2 SHEET METAL WORKER- 5TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 3 SHEET METAL WORKER- 6TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 4 SHEET METAL WORKER- 7TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 5 SHEET METAL WORKER- 8TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 6 SHEET METAL WORKER- 9TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 7 SHEET METALWORKER- 10TH PERIOD 118. 36 $ 118. 36 $ 155. 12 $ 191. 86 8 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC) - 4TH PERIOD
9 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC) - 5TH PERIOD
10 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC) - 6TH PERIOD

Page 39 of 44 ends

11 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC)- 7TH PERIOD
12 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC)- 8TH PERIOD
13 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC)- 9TH PERIOD
14 PLUMBER, STEAMFITTER, REFRIGERATION, 164. 09 $ 164. 09 $ 204. 09 $ 244. 09 HVAC)- 10TH PERIOD
15 UNDERGROUND/ UTILITY PIPEFITTER- 4th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
16 UNDERGROUND/ UTILITY PIPEFITTER- 5th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
17 UNDERGROUND/ UTILITY PIPEFITTER- 6th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
18 UNDERGROUND/ UTILITY PIPEFITTER- 7th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
19 UNDERGROUND/ UTILITY PIPEFITTER- 8th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
20 UNDERGROUND/ UTILITY PIPEFITTER- 9th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
21 UNDERGROUND/ UTILITY PIPEFITTER- 10th 137. 57 $ 137. 57 $ 176. 75 $ 216. 38 PERIOD
C Laborer Level:
1 Laborer- FOREMAN 211. 16 $ 211. 16 $ 274. 04 $ 336. 92 2 Laborer 164. 09 $ 164. 09 $ 204. 09 $ 244. 09
D Operating Engineer Level:
1 OPERATING ENGINEER- FOREMAN 211. 16 $ 211. 16 $ 274. 04 $ 336. 92 2 OPERATING ENGINEER 198. 08 $ 198. 08 $ 254. 63 $ 311. 19 E Service Call Fee per Emergency Call / Repair( Per Incident, if applicable) -$ 75. 00 F Materials & Consumables Mark- Up from Actual Cost to Contractor is 20% G Equipment Rentals Mark-Up from Actual Cost to Contractor is 15%

Page 40 of 44 ends

1. Billable Labor Rates
Contractor may request adjustments to the billable labor rates on each one- year anniversary during the initial three-year term of the agreement, plus any one year options to renew the agreement after the initial term. Contractor must demonstrate to the satisfaction of the Stadium Manager that a price increase is warranted. Price adjustments are subject to Stadium Manager' s approval. Increases shall not exceed 3% annually, unless prevailing wage increases by more than 3%.

2. Materials and Consumables
a. Materials ( which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are " minor" materials actually " consumed" during the course of work ( such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor' s " cost" ( meaning what the Contractor paid the supplier) plus an agreed upon mark- up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Contractor paid for said materials. c. If Stadium Manager issues an " emergency" task order, then this requirement may be waived if Stadium Manager so authorizes.

3. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor' s actual invoice cost for that equipment, plus an agreed upon mark- up percentage. b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor's overall Overhead and Profit mark- up, which is a component of the Contractor' s billable hourly rates described above.

4. Permit Fees
All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.

Page 41 of 44 ends

EXHIBIT " H"

SAMPLE TASK ORDER FORM

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

TASK ORDER
Task Order No.

Contract: Levi' s Stadium Mechanical and Plumbing Maintenance and Repair Services Contractor: ACCO ENGINEERED SYSTEMS, INC
The Contractor is hereby authorized to perform the following work subject to the provisions of the Contract identified above:

List any attachments: [ INSERT ATTACHMENTS, IF ANY]
Dollar Amount of Task Order: Not to exceed$ 00
Liquidated Damages for this Task Order: $ XXX per day.

Completion Date: 20
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Contract identified above and will accept as full payment therefore the amount shown above.

FORTY NINERS STADIUM ACCO ENGINEERED SYSTEMS, INC

MANAGEMENT COMPANY LLC
Dated: Dated:

By: By:

Page 42 of 44 ends

EXHIBIT " I"
LEVI' S STADIUM — JOBSITE RULES
The Contractor ( to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers ( i. e. glass, aluminum, cardboard, etc.).

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise.

9. Personal Protective Equipment (" PPE"), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

11. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements.

12. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site.

13. Contractor Equipment/ Vehicles — Contractor shall coordinate delivery and use of all equipment brought and used on site ( owned or rented) with the Stadium Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

Page 43 of 44 ends

Contractor' s Company Name
Contractor' s Equipment Contact
Contact Phone Number
Duration On- Site ( i. e. 06/ 02/ 21- 06/ 15/ 21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:

Material Handling Equipment ( such as Forklifts and Pallet Jacks) Golf Carts
Flatbeds
Manlifts
Vehicles
Job Boxes
Trailers
Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/ OSHA standards, and shall follow any Stadium Manager safety protocols.

Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, Linkedln, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.

The Contractor ( and all employees) are prohibited from the following:

1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi' s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager' s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.

2. Infringing on Stadium' s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third party rights.

3. Posting or displaying content that is an intentional public attack on the quality of the Stadium' s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium' s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.

4. Posting a photograph of a supervisor, manager, co- worker (including players and coaches in non- public settings), vendor, supplier, or client without that individual' s express permission.

Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

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ATTACHMENT G

LABOR COMPLIANCE ADDENDUM

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Attachment G
Labor Compliance Addendum

ATTACHMENT G

LABOR COMPLIANCE ADDENDUM
Contract Title:

CONTRACTOR ( Supplier)
Name and Address
This Contract is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca. gov. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774- 1775 ( the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777. 5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca. gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates.

Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to Stadium Manager, along with its request for payment, all applicable and necessary certified payrolls ( for itself and all applicable subcontractors) for the time period covering such payment request.

The term " certified payroll" shall include all required documentation to comply

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Attachment G
Labor Compliance Addendum
with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Stadium Manager or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions CAC2 if applicable), and apprenticeship forms such as DAS- 140 and DAS- 142.

6. In addition to submitting the certified payrolls and related documentation to Stadium Manager, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/ or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5 [ with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. 1( a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5. Contractors MUST be a registered " public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $ 15, 000 for maintenance work or less than 25, 000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/ subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a " public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the Stadium Manager for any fines assessed by the California Department of Industrial Relations against the Stadium Manager for such violation, including all staff costs and attorney' s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Contract to verify compliance with this Addendum shall be made available for audit at no cost to Stadium Manager, at any time during regular business hours, upon written request. Copies of such records or documents shall be provided to Stadium Manager for audit at Levi' s Stadium when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor' s address indicated for receipt of notices in this Contract.

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Attachment G
Labor Compliance Addendum
C. Enforcement

1. Stadium Manager shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., Stadium Manager may continue to hold sufficient funds to cover estimated wages and penalties under the Contract.

2. The Stadium Manager is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that Stadium Manager can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the Stadium Manager despite Contractor' s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Contract or a waiver of the right to withhold payment for any subsequent breach of this Contract.

Stadium Manager, the Santa Clara Stadium Authority, or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $ 200 per day per worker for each wage violation identified; $ 100 per day per worker for failure to provide the required paperwork and documentation requested within a 10- day window; and $ 25 per day per worker for any overtime violation.

Stadium Manager Contractor( Supplier)
Name: 0( c Name: Hugh Pal
Title: Title: Assistant a ret
Email:(T -kc Email: hpalmer a co c m
Signa Da Signature: Date: 9/ 1/ 21

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Attachment G
Labor Compliance Addendum
Contract Number: 10072-B

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FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
LEVI’S STADIUM MECHANICAL AND PLUMBING MAINTENANCE AND REPAIR SERVICES

CONTRACT

1. PARTIES AND DATE.

This Contract is made and entered into this Seventh day of September 7, 2021 by and between the Forty Niners Stadium Management Company LLC, a Delaware limited liability company (“Stadium Manager”) and O.C. McDonald Co., Inc., a Corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 Stadium Manager. Stadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance and repair services required by the Stadium Manager on the terms and conditions set forth in this Contract and in the task order(s) to be issued pursuant to this Contract and executed by the Stadium Manager and Contractor (“Task Order”). Contractor represents that it is duly licensed and experienced in providing Levi’s Stadium mechanical and plumbing maintenance and repair services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager. Contractor must have the requisite licenses for work performed under this Contract.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the Levi’s Stadium Mechanical and Plumbing Maintenance and Repair (“Project”) as set forth in this Contract on an as-needed basis. There is no guarantee of any of work under this Contract other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
Contract Number: 10072-B

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• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Rate Schedule (Exhibit “G”)
• Sample Task Order Form (Exhibit “H”)
• Levi’s Stadium Jobsite Rules (Exhibit “I”)
• Addenda
• Change Orders executed by the Stadium Manager
• 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid, if any

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary for the Project (hereinafter sometimes referred to as the “Work”). The type of Work to be provided is described in Exhibit “A” attached hereto and incorporated herein by reference and in the individual Task Orders issued by the Stadium Manager. No Work shall be performed unless authorized by this Contract and by a fully executed Task Order in the form attached hereto as Exhibit “H”. All Work shall be subject to, and performed in accordance, with this Contract, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager.

Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the Stadium Manager may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform Contract Number: 10072-B

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standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the repair schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract.

Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The Stadium Manager has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.

Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Stadium Manager in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Stadium Manager’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance and Liquidated Damages. The term of this Contract shall commence on the date first set forth above and expire on September 6, 2024, unless earlier terminated as provided herein. Contractor shall complete the Work within the term of this Contract, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. The Parties may, by mutual, written consent, further extend the term of this Contract for two (2) additional one (1) year periods. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages a fixed dollar amount per day for each and every calendar day of delay beyond any completion schedule, repair schedule or Project milestones established pursuant to the Contract and any Task Order(s). The daily liquidated damages amount will be determined for each separate Task Order and will be set forth in that Task Order.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term Contract Number: 10072-B

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of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Stadium Manager, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Stadium Manager to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. Stadium Manager retains Contractor on an independent contractor basis and Contractor is not an employee of Stadium Manager. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 Stadium Manager’s Basic Obligation. Stadium Manager agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Stadium Manager shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G” attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contractor, in the aggregate, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) (“Total Contract Price”) per contract year without the written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts under this Contract.

3.7.2 Payment of Compensation. Contractor shall submit to Stadium Manager a monthly itemized statement which indicates Work completed by Contractor in a format acceptable to the Stadium Manager. The statement shall describe the amount of Work and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. These statements shall be supported by evidence which is required by this Contract and such other documentation as the Stadium Manager may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

Contract Number: 10072-B

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3.7.3 Prompt Payment. Stadium Manager shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Deductions and Withholdings. The Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; and (11) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not constitute a waiver of the Stadium Manager’s right to such sums.

3.7.5 Substitutions for Contract Deductions and Withholdings. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager.

3.7.6 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager, or its designee, at the time of payment. To the extent that title has not previously been vested in the Stadium Manager, or its designee, by reason of payments, full title shall pass to the Stadium Manager, or its designee, at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Stadium Manager or its designee, nor relieve Contractor from the responsibility Contract Number: 10072-B

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to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.7 Labor and Material Releases. Contractor shall furnish Stadium Manager with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Stadium Manager.

3.78 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.9 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.10 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.11 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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 public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident Contract Number: 10072-B

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after such 10-day period, Contractor shall, as a penalty, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.12 Contractor and Subcontractor Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.13 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance, if Applicable.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

Contract Number: 10072-B

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3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage Stadium Manager, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during repair of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Indemnified Parties (defined below) for any alleged violations. In addition, Stadium Manager may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy.

Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager’s attorney’s fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive Contract Number: 10072-B

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adequate training, as determined by Stadium Manager, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract. Upon request, Stadium Manager will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager, Contractor shall be solely responsible for all costs arising therefrom.

Contractor shall defend, indemnify and hold Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing Stadium Manager permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Stadium Manager’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

Contract Number: 10072-B

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3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Stadium Manager shall compensate Contractor for the costs of:
(1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify the Indemnified Parties (defined below) against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Stadium Manager in writing and shall furnish all labor and material releases required by this Contract. Stadium Manager shall thereupon inspect the Work. If the Work is not acceptable to the Stadium Manager, the Stadium Manager shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Stadium Manager. Once the Work is acceptable to Stadium Manager, Stadium Manager shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Stadium Manager may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

Contract Number: 10072-B

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3.10 Claims; Government Code Claim Compliance.

3.10.1 Arbitration. All disputes between Contractor and Stadium Manager relating in any way to this Agreement or Services performed under this Agreement (including, but not limited to, claims for breach of contract, tort, discrimination, harassment and any violation of federal or state law, regulation or constitution) (“Arbitrable Claims”) shall be resolved by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. § 1280 et seq., including § 1283.05 and all of the Act’s other mandatory and permissive rights to discovery). In addition to any other requirements imposed by law, the arbitrator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading (including the right of demurrer), all rules of discovery, all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings and all other dispositive motions, and judgment under Code of Civil Procedure § 631.8 shall apply and be observed.

Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code § 47(b). As reasonably required to allow full use and benefit of this agreement’s modifications to the Act’s procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator's written reasoned opinion. The Parties understand and agree to this binding arbitration provision, and both Contractor and Stadium Manager give up their right to trial by jury of any claim they may have against each other.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi’s Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi’s Stadium, and each of them (collectively, the “Indemnified Parties”), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its Contract Number: 10072-B

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officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project, this Contract or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties’ agents, servants, or independent contractors who are directly responsible to the Indemnified Parties, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Any defense to be provided by Contractor pursuant to any indemnification provision of this Agreement shall be by counsel approved by Stadium Manager, which approval shall not be unreasonably withheld. To the extent any of the Indemnitees incurs costs or expenses to enforce this indemnification (including attorneys' fees and expenses), Contractor shall reimburse the Indemnitee for such costs and expenses.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and Contract Number: 10072-B

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each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:

3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 07 04 plus CG20 37 07 04, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced Contract Number: 10072-B

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or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers.

3.13.3.5 Contractor’s Equipment Insurance. Contractors Equipment Insurance applying to loss or damage on an “all risk” basis to any equipment, small tools, or other machinery whether owned, leased, rented, borrowed or otherwise in the care, custody and control of the Contractor for use in the performance of Work. The insurer shall agree to waive all rights of subrogation against the Stadium Manager, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Stadium Manager, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Stadium Manager. All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.

Contract Number: 10072-B

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3.13.9 Reporting of Claims. Contractor shall report to the Stadium Manager, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Contract Number: 10072-B

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Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California 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 that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 Stadium Manager’s Representative. The Stadium Manager hereby designates the General Manager, or his or her designee, to act as its representative for the Contract Number: 10072-B

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performance of this Contract (“Stadium Manager’s Representative”). Stadium Manager’s Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager (“′Contractor’s Representative”).

Following approval by the Stadium Manager, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract and as described in the relevant Task Order. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Stadium Manager’s written approval.

3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contractor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein.

In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Stadium Manager, the matter shall be referred to Stadium Manager’s Representative, whose decision shall be binding upon Contractor.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be directed to the regularlymonitored electronic mail address, read receipt requested, of such party as follows:

CONTRACTOR:

Attn: Ron Almond, Service Manager
O.C. McDonald Co., Inc.

E-Mail: [email protected]
Contract Number: 10072-B

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STADIUM MANAGER:

General Manager
Forty Niners Stadium Management Company LLC
[email protected]
With copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
[email protected]
Any such notice or communication shall be deemed to have been given on the day such notice or communication is sent electronically, provided the sender has received a confirmation of such electronic transmission. A Party may, for purposes of this Agreement, change its email address or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other Party pursuant to this Section 3.17.6.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid Contract Number: 10072-B

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nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 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 (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 Stadium Manager’s Right to Employ Other Contractors. Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]
Contract Number: 10072-B

SIGNATURE PAGE FOR MAINTENANCE AND REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.
fN WITNESS WHEREOF, the Paiiies have entered into this Contract as of the Seventh day of September, 2021.

FORTY NfNERS STADIUM

MANAGEMENTCOMPANYLLC
By:
1 Mercurio
xecutive Vice President &
General Manager
O.C. McDONALD CO. , fNC.

By:

Its: Sr. Vice President
Printed Name: Matt McDonald

Page 20 of 39 ends

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EXHIBIT “A”

SCOPE OF WORK
A. SCOPE OF WORK
Troubleshoot, repair, remove and install mechanical, refrigeration, plumbing and HVAC equipment and components, typically found in a large sports stadium. This work will be performed via issuance of a Task Order (defined elsewhere in this solicitation). The work assigned to Contractor will be designated with one of the following “priority levels” which will indicate the urgency of the work and the Contractor’s response time:

Priority Level Type Response Time
1 - High Emergency – Hazardous,
property damage, and/or
event required support
Respond within 1 hour and
commence work as soon as
possible.
2 - Medium Systems Malfunction –
Interruption of daily
operation
Respond within 2 hours and
commence work with 24 hours.
3 - Low Minor Repair Respond within 24 hours and
commence work within 72
hours, or as determined
necessary by the Stadium
Manager.

The Contractor shall provide trained technicians with the appropriate tools and testing equipment for scheduled maintenance, safety inspection, and safety testing as required.

The Contractor shall maintain all necessary licenses to perform the work specified herein.

The Contractor will be responsible for supplying all necessary equipment (including aerial lifts), tools, consumables, material, labor, and supplies required to perform the work described herein.

The Contractor is required to carry necessary licenses to perform the activities identified in the scope of services, which include either all or some combination of the following licenses:
• C-4: Boiler, Hot Water Heating and Steam Fitting Contractor • C-10: Electrical
• C-20: Warm-Air Heating, Ventilating and Air-Conditioning Contractor • C-36: Plumbing Contractor
• C-38: Refrigeration Contractor
• C-43: Sheet Metal Contractor
• A-1: General Engineering Contractor
• B-1: General Building Contractor

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Pursuant to this contract, the Contractor will be tasked, by the Stadium Manager, with performing troubleshooting, repairing, and performing maintenance of various Mechanical, plumbing and HVAC systems at the Stadium, including but not limited to the following:
• Commercial Food Service Refrigeration Equipment
• Air Separators
• Expansion Tanks and Pot Feeder
• Pumps and Suction Diffusers
• Water Treatment Systems, to include:
• Chemical feed equipment, conductivity controller, chemical pumps and water meters
• Chemical Treatments for cooling towers and closed systems • Cooling Towers Filtration and Basin Sweeping Systems
• Boilers
• Natural gas modulating and condensing hot water boilers • Boiler Flues
• Heat Exchangers
• Cooling Towers
• Water to Water Heat Pumps (WWHP)
• Water Source Heat Pumps (WSHP)
• Variable Air Volume (VAV) Air Handling Equipment
• Variable Frequency Drives (VFD)
• Computer Room Air Conditioning (CRAC) Units
• Dehumidification Units
• Control Dampers
• Fire Smoke Dampers
• Fans (EF, RF, SEF, SF, SPF)
• Kitchen Pollution Control Units
• Kitchen Make-Up Air Units
• Roof Top Packaged Units
• VAV Air Handling Units (AHU)
• HVAC Related Seismic Restraints
• Integration with Building Management Systems
• Building Management System Service
• Mechanical Piping, Fittings, Valves, Duct, Dampers, Diffusers, Grilles, Plenums, Humidifiers, and other Miscellaneous Mechanical Equipment • Utility Piping, Fittings, Grates, Cleanout Covers and other Common Plumbing Components
• Potable and Recycled Water Systems
• Sub-Metering Equipment
• Plumbing Fixtures to include, but not limited to:
• Water Closet
• Urinals
• Lavatories
• Sinks
• Laundry Tubs
• Floor Drains
• Floor Sink
• Eyewash Stations
• Downspout Nozzles

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• Floor Cleanouts
• Trench Drains
• Trap Primer and Guards
• Wall Hydrant
• Hose Bibb
• Domestic Water Booster Pump
• Sewage Ejector and Sump Pump
• Water Heater (Gas and Fired)
• Grease and Sand/Oil Interceptor
• Backflow inspection, testing and repair
• General Pumps
• Recycled Water Filter
• Water Softener System
B. GENERAL REQUIREMENTS

1. All work performed shall meet the latest revision of all applicable federal, state, and local regulations, laws, and codes.

2. All work schedules must be approved in writing by the Stadium Manager prior to commencement of work.

3. Unless otherwise specified, Contractor shall guarantee the labor and materials used are within the specified guidelines and recommendations of the manufacturer.

4. Materials furnished shall be new and shall be of commercial quality material. Used, reconditioned, or discontinued models and materials are not acceptable. The warranty period for contractor provided materials shall be for a period of 1 year, or within the manufacture warranty, whichever is longer. Such warranty shall commence upon the date of acceptance of Contractor’s work by the Stadium Manager.

5. The Stadium Manager reserves the right to supply all or part of the materials or equipment on any project/repair.

6. Contractor shall be responsible for the replacement of failed/defective equipment, and parts installed by Contractor that are under warranty. Such cost, if any, shall be incurred by Contractor. Contractor shall assume all liability for such defects.

7. Follow up work required to correct recent repair/improper repair, or substandard parts shall be at no charge to the Stadium Manager.

8. Contractor shall coordinate site access and Hot Work with Forty Niners Stadium Management Company Engineering Department prior to commencement of work.

9. Contractor shall complete a service tag/log after completion of work. Such tag or log must contain the following information:
a. Date of Service
b. Name of Technician(s)
c. Description of Service(s)

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10. Contractor shall notify Stadium Manager when a recall is issued for any equipment or component serviced, installed, or repaired by Contractor. Notification by Contractor shall include the reasons for the recall, procedures for replacement, and the disposition of the recalled equipment.

11. Contractor is responsible for compliance with all building code requirements.

Independent of, or in addition, to any other legal requirements, the Stadium Manager may inspect and test Contractor’s work to determine if it conforms to the California Building Standards Code and local regulations, if applicable. The Stadium Manager will not accept Contractor's work unless it meets all applicable building code requirements.

12. The use of the safety equipment includes but is not limited to hard hats, eye protection, safety vests, hearing protection, fall protection, and safety boots as required by the California Occupational Safety and Health Administration.

13. Contractor is required to provide personal protective equipment (PPE) to perform the work and follow the Public Health Orders issued by the Santa Clara County Health Department related to Novel Coronavirus (COVID-19). The Public Health Order updates can be accessed online at
https://www.sccgov.org/sites/covid19/Pages/public-health-orders.aspx

14. Contractor shall maintain all necessary licenses to perform the work specified herein.

15. Contactor shall be in compliance with applicable prevailing wage laws and the California Labor Code.

16. Contractor shall provide protection for all existing building components beneath and around the work. Any damage to existing building components caused by contractor shall be immediately repaired or replaced at contractor’s sole expense in a manner acceptable to and approved by Stadium Manager.

17. In all active work areas, contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area.

This not only includes areas surrounding the work, but also includes areas below the work. Levi’s Stadium is an active building containing employees, guests, and other contractors on a daily basis. Contractor shall be responsible for keeping others out of its active work areas and preventing the exposure of others to grinding, sanding, scraping, paint drips, overspray or any other material generated within the work area, both around and below.

18. Contractor will have a designated representative to oversee Contractor’s technicians assigned to perform the work specified herein. Contractor representative shall be responsible for providing all required documents, including, but not limited to, reports, invoices, as-built drawings, O&M manuals, and all other project contract documents to the Stadium Manager.

19. Contractor shall assign a primary/secondary technician(s) as the main contact for the Stadium Manager during the term of the contract. If different representatives are designated during the term of the Contract, notice of any changes (including, but not limited to, name, address, e-mail, and telephone number) shall be promptly served in

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writing.

20. Contractor must obtain written authorization prior to commencement of work. The Stadium Manager will provide Contractor written approval by issuing a Notice to Proceed.

21. The Contractor shall perform the following to ensure a clean, safe work site:
a. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager.
b. After completing coating application, clean spattered surfaces. Remove spattered coatings by washing, scraping, or other methods. Do not scratch or damage adjacent finished or unfinished surfaces. Do not allow coatings to drip, spatter onto or otherwise stain adjacent surfaces. c. Protect work of other trades against damage from coating operation. Correct damage by cleaning, repairing, replacing, and recoating, as approved by Stadium Manager, and leave in an undamaged condition.
d. Protect all adjacent surfaces as required by field conditions.

C. REGULATIONS AND STANDARDS
All material and work shall be in accordance with the rules and requirements of the United States Department of Labor Occupational Safety and Health Administration (“OSHA”); National Electrical Code (“NEC”); National Fire Codes published by the National Fire Protection Association (“NFPA”); California Administrative Codes (“CAC”); Uniform Building Code (“UBC”); Uniform Plumbing Code (“UPC”); and other applicable federal, state, and local laws and/or regulations. These specifications shall not be construed to permit work not conforming to these requirements. The regulations shall govern where they require higher standards or conflict with the specifications. Published rulings and interpretations of the enforcing agencies shall be considered a part of these specifications. All regulations and standards shall be the latest publication unless governing authorities require otherwise. In addition, all of Contractor’s work shall be in accordance with the best practices available in the industry, and shall present a neat, workmanlike appearance upon completion.

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EXHIBIT “B”

PLANS AND SPECIFICATIONS
Plans and Specifications shall be provided and made a part of each individual Task Order.

Page 27 of 43 ends

EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

EXHIBIT "D"

CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq ., of the California 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

O.C. McDONALD CO., INC.

By s~
Signature
Matt McDonald
Name (Print)
Sr. Vice President
Title (Print)

Page 28 of 43 ends

EXHIBIT "E"

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771 .1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks. html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771 .1 and is currently registered as a contractor with the Department of Industrial Relations. 1
Name of Contractor: ___ ___,;:;""---='-"--'-'-=-='--=-'-;,,;:;;,,:_;::.......:::;--=-.:....i_:_:__:c..::.c,_ O.C. McDonald Co. Inc. __ DIR Registration Number: __ 1_0_0_0_0_02_8_8_5 _____ _
DIR Registration Expiration: _0""'6=-"-/..;:;,.30=/-=2=0=2..;:;,.3 ______ _ Small Project Exemption : __ Yes or X No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall· maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771 .1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor ~?!;_-o""o., Inc
Signature
Name and
;;IJ,!:

Title
~
Matt McDonald Sr. Vice President
Dated -------------------------
1 If the Project is exempt from the contractor registration requirements pursuan t to the small project exemption under Labor Code Sections 1725 .5 and 177 1.1 , please mark "Yes" in response to "Small Project Exemption."

Page 29 of 43 ends

Page 30 of 43 ends

EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Bond No. 070208588
Premium: $6,743.00
THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as "Stadium Manager") has awarded to O.C. McDonald Co., Inc. , (hereinafter referred to as the "Contractor") as Principal an agreement for
Levi's Stadium Mechanical and Plumbing (hereinafter referred to as the "Project").

Maintenance And Repair Services Contract No.: 10072-B
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated September 7, 2021 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, o.c. McDonald Co., Inc. , the undersigned Contractor and Liberty Mutual Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of Seven Hundred Fifty Thousand and 00/1 O0DOLLARS, ($750,000.00 ----- ), said sum being not less than one hundred percent (100%). of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to a'nd abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties, as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager's option:

Page 31 of 43 ends

Bond No. 070208588
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this __ 1s_t_ day of September , 201.,!).
(Corporate Seal) O.C. McDonald Co., Inc.

Contractor/~
By i
~
Jame s V. McDona ld , President
Title ---------------

Page 32 of 43 ends

Bond No. 070208588
Liberty Mutual Insurance Company
(Corporate Sea!) Surety
sy Q~\oa---
Attorney-in-F act
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) . Title Christina Burton, Attorney-in-Fact The rate of premium on this bond is $9.07 per thousand. The total amount of premium charges, $ 6 804. 00 ----------------------------------------- (The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) _D-'-a __ ni-'-e-'-lle'---La'--'c-'-o ___ m---b-'-e _____________ _ 255 California Street, Suite 950
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
San Francisco, CA 94111
Melissa DeKoven
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833-3505
Surety: 415-407-8933
(Telephone number of Surety and _S_u_re---'ty;__A_g.:;_e_n_t:_6_2_8_-2_2_0_-6_0_6_3 _________ _ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Page 33 of 43 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

State of California
County of Santa Clara
On September 2, 2021 before me, Heidi L. Dunn, Notaiy Public Date Here insert Name and Title of the Officer personally appeared James V. McDonald Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai:e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the
•••••••• f
HEIDI L. DUNN
Notary Public - C•lifornia z
laws of the State of California that the foregoing
paragraph is true and correct.

Santa Clara County ~
Commission # 2268812 - WITNESS my hand and official seal.

My Comm. upires Nov 30, 2022
Place Notary Seal Above
--------------OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Attached Document: PERFORMANCE BOND NO. 070208588 Document Date: 8/24/21 Number of Pages: Three (3) --~~---- -- Signer ( s) Other Than Named Above: Christina Burton, Attorney-in-Fact (Notarized: 9/ 1/2021) Capacity(ies) Claim/ed by Signer(s)
Signer's Name: James V. McDonald
□ Individual
0 Corporate Officer- Title(s): President --------
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:

Signer is Representing:

O.C. McDonald Co., lnc.

RIGHT

THUMBPRINT OF
SIGNER
Top of thumb here
See Official
Journal of
Notary Acts
Signer's Name:
□ Individual
□ Corporate Officer- Title(s):
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:

Signer is Representing:

RIGHT

THUMBPRINT OF
SIGNER
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Contra Costa
On DCf/o I /u,Z,J before me, Yvonne Roncagliolo, Notary Public------------------- Date Here Insert Name and Title of the Officer
personally appeared ~C.'...'. h~ri~st~in~a!.;B~u~rt~o~n~-=-========================--==--=-==-=-=-=-=-=-=-====-========- Name(s) of Signer(s) -------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s} is/aresubscribed to the within instrument and acknowledged to me that ffl/she/they- executed the same in -Ais/her.L~-authorized capacity(ies}, and that by Aislher/t~eil: signature(s}-on the instrument the person(s}, or the entity upon behalf of which the person(s,-acted, executed the instrument. eeeeeeeee~

YVONNE RONCAGLIOLO
Notary Public - Ca lifo rn ia z
Contra Costa Co unty ~
Commission # 2299104 -
My Comm. Expires Aug 24, 2023
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _ 0 _ ___..-_________ _ ~ ~re of Notary Public ----- - - --------- opnoNAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: _ _ _ Signer(s) Other Than Named Above: ________ _ ___ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: J;h.r:istina.B.urton ______ _
□ Corporate Officer - Title(s): ______ _
□ Partner - U Limited LJ General
□ Individual 00 Attorney in Fact
□ Trustee l I Guardian or Conservator
C. Other: _ _________ _ _ __ _
Signer Is Representing: _ ________ _
=i Pa
□ Individual
□ Trustee
r- 1 Other:
. .
_ ",(,'C(;,~'<X,'<.X,'G(;~:{,-c<,'C<;t;<,'P(.,X.:~'(,X,'<,X,'C{,'<.X,'<-X,'C(,'0(,'C(,'C(,'C(,'9<.,'q<.,'<,:.(..~.:,(,,'<-'.<.;<;<,'C<,'C(,'G(.,'g.,'<,X,,g(,'9(,'<'k,~'<,(,"g(,,~~"g;.~'q(J~.~"(::(;'O(:,'< ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8205881-024079
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alicia Dass; Charles R. Shoemaker; Christina Burton; Joan DeLuca; Kelly Holtemann; Mark M. Munekawa; Nerissa S. Bartolome; Patrick R. Diebel; Peter Tam; Sara Ridge; Thomas E. Hughes; Valerie Garcia; Yvonne Roncagiiolo; Zachary V. Overbay all of the city of San Francisco state of CA each Individually if there be more than one named, Its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of July , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
:fi w".'?i.:;;Zmp,oy :ii~
~ By: q;:;;:;,,~ /, :.~ :~~ ro ._~.- .___ --- David M. Carey, Assistant Secretary o- gJ ~ ro State of PENNSYLVANIA ss .5:, ~ :::1 County of MONTGOMERY c: E ~Ol ~~
~ ~ On this !st day of July , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ <1> ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument' for the purposes ~ @ a> > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~@) ~ro -~ ~::I . <(~ c: :2 IN ·WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. 0 u5 ro "' d~As,- o... 0 -0 ~ ,.<?, v "'~ONWI!' ~-_,; ( , C ommonweaU I I o f P I N ennsy vanla • otary s· ea I .._..I >,= (1)• 0 0v · ~,. ,,,.. Teresa Pastella, Notary Public ,,/--..,. d • <l> ro _, Q) u "" Montgomery County {lj, ~ . . . 1 // -I- II;/ E E 0 ...., OF My commission expires March 28, 2025 By: pl,l,{l,-efJ -~µ 0 <l> c:~- ~ 2~ . .,.,.._, :Jf!_,f Commission number 1126044 TuresaPastetta, Notary· Public , ~ 0 """'-;;; . t,·. ''0 T i.~:;" Member, Pennsylvania Association of Notaries _ ro ~ '~RY fl o~
.gi 2 This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ~ ~ .!::_ Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: /1_ ~ ~ 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. 0 ~ J2 ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a ..- ;g iS President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety Ri ~ ~ c: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact, subject to the limitations set fortli in their respective powers of attorney, shall -o ~ _, ~ have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § w ~ B instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ Kl provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. G: % ARTICLE XIII - Execution of Contracts: Section 5, Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,· as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-Infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been re\/oked.

IN TESTIMONY WHEREOP, I have hereunto set my hand and affixed the seals of said Companies this 1st day of September , ~- By: :k~
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
No. 2131

STATE OF CALIFORNIA
DEPARTMENT OF. INSURANCE

SAN FRANCISCO
Amended ~
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Liberty Mutual Insurance Company
of Boston, Massachusetts, organized under the laws of Massachusetts, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:

Fire, Marine, Surety, Disability, Plate Glass, Liability, Workmen's Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sv1·inkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous
as such classes are now or may hereafter be defined in the Ins11-rance Laws of the State of California.

THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.

Fee $10
Rec. No. 273766
Filed 11/14/61
IN WITNESS WHEREOF, effective as of the 15th day of November, 1961, I have hereunto set my hand and caused my official seal to be affixed this I 5th day of November, 1961.

By
Certification
F. Britton McConnell
l11sura11ce Commissioner
John N. Andrews
Deputy
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof. and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 5th day of May, 2004 . .. • By
John Garamendi
Insura11ce Commissioner
Pauline D 'Andrea

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
Bond No. 070208588
Premium: Included in Perf. Bond
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the "Stadium Manager"), by action taken or a resolution passed August 24 , 20~has awarded to o.c. McDonafd Co., Inc. hereinafter designated as the "Principal," a contract for the work described as follows:

Levi's Stadium Mechanical and Plumbing Maintenance And Repair Services (the "Project"); and Contract No.: 10072-B
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated September 7, 2021 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work .or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the Stadium Manager in the penal sum of Seven Hundred Fifty Thousand and 00/100 ------------ Dollars ($ 750,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourse·lves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the. Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or 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 or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon · this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or

Page 35 of 43 ends

Bond No. 070208588
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 1st day of September , 20~.
(Corporate Seal) O.C. McDonald Co., Inc.

Contractor/ Principal
Title James V. McDonald, President
Liberty Mutual Insurance Company
(Corporate Seal) Surety
By c_ G.

Attorney
~
-in-Fact
Title Christina Burton, Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Page 36 of 43 ends

State of California
County of Santa Clara
On September 2, 202 1 before me, Heidi L. Dunn, N otary Public Date Here insert Name and TiUe of the Officer personally appeared James V. McDonald Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-Fe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(feS), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

HEIDI L. OUtltl
Notary Public. Cattfornta ,.
: Santa Clara County !
Commission # 2268812
, My Comm. Expires Nov 30, 2022
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signatu~ Q ~ ~~- Signature of Notary Public
--------------OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Attached Document: PAYMENT BOND NO. 070208588 ------- --- ----------------- Document Date: 8/24/2 1 Number of Pages: Two (2) --~~------ Signer(s) Other Than Named Above: Christina Burton, Attorney-in-Fact (Notarized: 9/1 /2021) Capacity(ies) Claim/ed by Signer(s)
Signer's Name: James V. McDonald
□ Individual
0 Corporate Officer- Title(s): President --------
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:

Signer is Representing:

O.C. McDonald Co., Lnc.

RIGHT

THUMBPRINT OF
SIGNER
Top of thumb here
See Official
Journal of
Notary Acts
Signer's Name:
□ Individual
□ Corporate Officer - Title( s):
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:

Signer is Representing:

RIGHT

State of California
County of Contra Costa
on ff1lo1},i0Jl before me, Yvonne Roncagliolo, Notary Public--------------------------- Date Here Insert Name and Title of the Officer
personally appeared Christina Burton-------------------- Name(s) of Signer(s)
----------------- ------------------------------------ --------·-------- --- who proved to me on the basis of satisfactory evidence to be the person(st, whose name(8} is/aresubscribed to the within instrument and acknowledged to me that +te/she/they- executed the same in -Ris/her.Ltt:leif-authorized capacity(~, and that by ™S/her/t~eil: signature(st,on the instrument the person(&)-, or the entity upon behalf of which the person(s,-acted, executed the instrument. ········ Notary
YVONNE
Public

RONCAGLIOLO
- California ~
Contra Costa County !
Commission /I 2299104 ~
My Comm . Expires Aug 24 , 2023
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _ ~ - ----- -----
Signature of Notary Public
---------------- oPTIONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ______ _______ Document Date: ___ ____ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ... Ch.ri.stio.a ... Bu~ct-o=n ___ ___ _ D Corporate Officer - Title(s): ___ ___ _
D Partner - L] Limited U General
D Individual l:Ri Attorney in Fact
D Trustee [ .I Guardian or Conservator
C: Other: _ _____________ _
Signer Is Representing: _ ________ _
:::::J Pa
Ind
Tru
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. .
,X,'<;,(;,~'C{,;<.:(,'<:,(;',X,'<.X,,'<..:(;<5<,,'C(,-,,!'<;,'~X;<,;<,'C{,,X.X,"<:.<.,'<.X./C(.,'C(,'C.(.,XY,,'<,l(.,'<.X,,".X,'X.,X,(,,'g<,'<.X,,'<.X,,'<".,(,,'<;,(.,'<.X,,~'C<;'C<;'U;,'<;;<,~~~~~'q(,X,:;(;X~'O(;,'< ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 '~Liberry. \pJ4 Mutuat
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8205881-024079
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alicia Dass; Charles R. Shoemaker; Christina Burton; Joan DeLuca; Kelly Holtemann; Mark M. Munekawa; Nerissa S. Bartolome; Patrick R. Diebel; Peter Tam; Sara Ridge; Thomas E. Hughes; Valerie Garcia; Yvonne Roncagliolo; Zachary V. Overbay all of the city of San Francisco state of CA each Individually if there be more than one named, its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this _l_st_ day of July , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
i ,__ __ __,,.- ..__~.,. ""'~'----By M 7 U _ ~ David M. Carey, Assistant Secretary c .a '6 gJ State of PENNSYLVANIA ss -~ ::,E ~ OJ County of MONTGOMERY .Q ~
~ ~ On this !st day of July , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ <ll ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes ~@ :fil _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~@) .Q:!_ ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussi.a, Pennsylvania, on the day and year first above written. ~~ c:·1n 0.. 0 ro (I) r=---..,.,..--=---,---,--,.,.-,---:----,, ----:r: ..Q '-- Conunonweallh of Pennsylvania• Notary Seal >-- (1) 0 Teresa Paslella, Notary Public; ,,;-.__ d (l)c: • ro ...., Montgomery County {lj; ~ . . . 1 // -/- I J ._ E 0 $ My commission expires March 28, 2025 By: ~ ~) 0 Q)
c:_ e commission number 1126044 feiesaPasteiia, Notary Public ~ ls Q) U) MrJmber, PenrH~:ylvanla Association of Notaries '+- 0 ~(I) . 0~
.g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ~ ~ -~- Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: tr_~ L.. $ ARTICLE IV-OFFICERS: Section 12. Power of Attorney. ls 0 .8 e Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as. the Chairman or the =a..- ;g r,- President may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ~ ~ ro c: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall -o r3 ~ ~ have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such § a> z 13 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-In-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ t ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of.the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as If signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-intact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has no! been revoked.

IN TESTIMONY WH.ERF.OF, I have hereunto set my hand and affixed the seals of said Companies this 1st day of September , ~- By: g(~
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
I'
No. 2131

STATE OF CALIFORNIA
DEPARTJVIENT OF. INSURANCE

Fire, Marine, Surety, Disability, Plate Glass, Liability, Workmen's Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous
as such classes are now or may hereafter be defined in the Inswance Laws of the State of California.

Fee $10
Rec. No. 273766
Filed 11/14/61
IN WITNESS WHEREOF, effective as of the 15th day of November, 1961, I have hereunto set my hand and caused my official seal to be affixed this 15th day of November, 1961.

By
Certification
F. Britton McConnell
l11surance Commissioner
John N. Andrews
Deputy
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affrxed this 5th day of May, 2004 . .. , By
John Garamendi
Insurance Commissioner
Pauline D 'Andrea

Page 38 of 43 ends

EXHIBIT “G”

RATE SCHEDULE
Billable Labor Rates Straight
Time
Weekday
Daily Saturday Sunday
&
Holiday
A Journeyman Level:
1 SHEET METAL WORKER - FOREMAN $181.00 $248.00 $248.00 $316.00 2 SHEET METAL WORKER - SHOP $168.00 $228.00 $228.00 $288.00 3 SHEET METAL WORKER - FIELD $168.00 $228.00 $228.00 $288.00 4 PLUMBER, STEAMFITTER, REFRIGERATION

FITTER (HVAC) - FOREMAN
$181.00 $248.00 $248.00 $316.00
5 PLUMBER, STEAMFITTER, REFRIGERATION

FITTER (HVAC)
$168.00 $228.00 $228.00 $288.00
6 UNDERGROUND UTILITY PIPEFITTER - FOREMAN $181.00 $248.00 $248.00 $316.00 7 UNDERGROUND UTILITY PIPEFITTER $168.00 $228.00 $228.00 $288.00 B Apprentice Level:
1 SHEET METAL WORKER - 4TH PERIOD $106.00 $134.00 $134.00 $166.00 2 SHEET METAL WORKER - 5TH PERIOD $109.00 $142.00 $142.00 $168.00 3 SHEET METAL WORKER - 6TH PERIOD $114.00 $148.00 $148.00 $180.00 4 SHEET METAL WORKER - 7TH PERIOD $116.00 $152.00 $152.00 $186.00 5 SHEET METAL WORKER - 8TH PERIOD $121.00 $160.00 $160.00 $195.00 6 SHEET METAL WORKER - 9TH PERIOD $124.00 $165.00 $165.00 $202.00 7 SHEET METAL WORKER - 10TH PERIOD $133.00 $178.00 $178.00 $220.00 8 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 4TH PERIOD
$106.00 $134.00 $134.00 $166.00
9 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 5TH PERIOD
$109.00 $142.00 $142.00 $168.00
10 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 6TH PERIOD
$114.00 $148.00 $148.00 $180.00

Page 39 of 43 ends

11 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 7TH PERIOD
$116.00 $152.00 $152.00 $186.00
12 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 8TH PERIOD
$121.00 $160.00 $160.00 $195.00
13 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 9TH PERIOD
$124.00 $165.00 $165.00 $202.00
14 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 10TH PERIOD
$133.00 $178.00 $178.00 $220.00
15 UNDERGROUND / UTILITY PIPEFITTER - 4th
PERIOD
$106.00 $134.00 $134.00 $166.00
16 UNDERGROUND / UTILITY PIPEFITTER - 5th
PERIOD
$109.00 $142.00 $142.00 $168.00
17 UNDERGROUND / UTILITY PIPEFITTER - 6th
PERIOD
$114.00 $148.00 $148.00 $180.00
18 UNDERGROUND / UTILITY PIPEFITTER - 7th
PERIOD
$116.00 $152.00 $152.00 $186.00
19 UNDERGROUND / UTILITY PIPEFITTER - 8th
PERIOD
$121.00 $160.00 $160.00 $195.00
20 UNDERGROUND / UTILITY PIPEFITTER - 9th
PERIOD
$124.00 $165.00 $165.00 $202.00
21 UNDERGROUND / UTILITY PIPEFITTER - 10th
PERIOD
$133.00 $178.00 $178.00 $220.00
C Laborer Level:
1 Laborer - FOREMAN $168.00 $228.00 $228.00 $288.00
2 Laborer $116.00 $152.00 $152.00 $186.00
D Operating Engineer Level:
1 OPERATING ENGINEER - FOREMAN $181.00 $248.00 $248.00 $316.00 2 OPERATING ENGINEER $168.00 $228.00 $228.00 $288.00
E Service Call Fee per Emergency Call / Repair (Per Incident, if applicable) - $80.00 F Materials & Consumables Mark-Up from Actual Cost to Contractor is 18% G Equipment Rentals Mark-Up from Actual Cost to Contractor is 15%

Page 40 of 43 ends

1. Billable Labor Rates
Contractor may request adjustments to the billable labor rates on each one-year anniversary during the initial three-year term of the agreement, plus any one year options to renew the agreement after the initial term. Contractor must demonstrate to the satisfaction of the Stadium Manager that a price increase is warranted. Price adjustments are subject to Stadium Manager’s approval. Increases shall not exceed 3% annually, unless prevailing wage increases by more than 3%.

2. Materials and Consumables
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are “minor” materials actually “consumed” during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor’s “cost” (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Contractor paid for said materials. c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.

3. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor’s actual invoice cost for that equipment, plus an agreed upon mark-up percentage. b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor’s overall Overhead and Profit mark-up, which is a component of the Contractor’s billable hourly rates described above.

4. Permit Fees
All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.
---

Page 41 of 43 ends

EXHIBIT “H”

SAMPLE TASK ORDER FORM

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

TASK ORDER
Task Order No. ______
Contract: Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contractor: O.C. McDONALD CO., INC.

The Contractor is hereby authorized to perform the following work subject to the provisions of the Contract identified above:

List any attachments: [INSERT ATTACHMENTS, IF ANY]
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Liquidated Damages for this Task Order: $XXX per day.

Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Contract identified above and will accept as full payment therefore the amount shown above.

FORTY NINERS STADIUM

MANAGEMENT COMPANY LLC
O.C. McDONALD CO., INC.

Dated: Dated:

By: By:

Page 42 of 43 ends

EXHIBIT “I”
LEVI’S STADIUM – JOBSITE RULES
The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

13. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

Page 43 of 43 ends

• Contractor’s Company Name
• Contractor’s Equipment Contact
• Contact Phone Number
• Duration On-Site (i.e. 06/02/21- 06/15/21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:
• Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts
• Flatbeds
• Manlifts
• Vehicles
• Job Boxes
• Trailers
• Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.

Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.

The Contractor (and all employees) are prohibited from the following:

1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi’s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager’s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.

2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third party rights.

3. Posting or displaying content that is an intentional public attack on the quality of the Stadium’s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium’s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.

4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.

Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

Page 1 of 4 ends

Attachment G
Labor Compliance Addendum

ATTACHMENT G

LABOR COMPLIANCE ADDENDUM

Page 2 of 4 ends

Attachment G
Labor Compliance Addendum

ATTACHMENT G

LABOR COMPLIANCE ADDENDUM
Contract Title:

CONTRACTOR (Supplier)
Name and Address
This Contract is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to Stadium Manager, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.

The term “certified payroll” shall include all required documentation to comply

Page 3 of 4 ends

Attachment G
Labor Compliance Addendum
with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Stadium Manager or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Contract.

C. Enforcement

1. Stadium Manager shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq ., Stadium Manager may continue to hold sufficient funds to cover estimated wages and penalties under the Contract.

2. The Stadium Manager is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that Stadium Manager can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the Stadium Manager despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Contract or a waiver of the right to withhold payment for any subsequent breach of this Contract.

Stadium Manager, the Santa Clara Stadium Authority, or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified ; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Stadium Manager
Name: Jiu ~/l)v
Title: (()./l)c/6M
Email: ([Wt.~@._ 'fw,..J, M ,t,J.__
Date:

Attachment G
Labor Compl iance Addendum
O.C. McDonald Co., Inc. (Supplier)
Name: Matt McDonald
Title: Sr. Vice President
Email: [email protected]

Page 4 of 4 ends

Page 1 of 3 ends

Amendment No. 1
AMENDMENT NO. 1
TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL

MAINTENANCE AND REPAIR SERVICES CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
O.C. MCDONALD CO., INC.

1. Parties and Date.

This Amendment No. 1 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this 5th day of August, 2024, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and O.C.

McDonald Co., Inc., a California corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Contractor. The Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contract” (“Contract”) for the purpose of retaining the services of Contractor to provide on-call stadium mechanical and plumbing maintenance and repair work.

2.2 Amendment Purpose. Contractor will perform the Temporary Domestic Boiler Emergency Project (“Project”) under the Contract. The Project requires a separate budget allocation to be added to the Contract. The Stadium Manager and Contractor desire to amend the Contract to establish the additional budget and not-to-exceed compensationa amount allocated for the Project.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections

3.7.1 and 3.7.18 of the Contract.

3. Terms.

3.1 Amendment. Pursuant to Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Four Thousand Nine Hundred Twenty Two Dollars ($254,922.00) for the Project (“Project Cost”), which amount shall supplement the existing Total Contract Price for year three of the Contract term. Payment of the Project Cost will be in accordance with and conditioned upon Stadium Manager’s issuance of a task order for performance of the Project. The total aggregate compensation amount under years one, two, and three of the .82;:547Ā/7<36893Ā1.*Ā%0- & +Ȁ0'.(Ȁ$+')Ȁ,!)+Ȁ$,$,,+&0""#0

Page 2 of 3 ends

Amendment No. 1
Contract shall not exceed One Million Four Thousand Nine Hundred Twenty Two Dollars ($1,004,922.00) without the approval of Stadium Manager.

3.2 Continuing Effect of Contract. Except as amended by this Amendment No. 1, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
.82;:547Ā/7<36893Ā1.*Ā%0- & +Ȁ0'.(Ȁ$+')Ȁ,!)+Ȁ$,$,,+&0""#0

Page 3 of 3 ends

Amendment No. 1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEVI’S STADIUM ON-CALL

PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES

CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY LLC

Francine Hughes
EVP & General Manager

Date
O.C. MCDONALD CO., INC.

Matt McDonald
Senior Vice President

Date
.82;:547Ā/7<36893Ā1.*Ā%0- & +Ȁ0'.(Ȁ$+')Ȁ,!)+Ȁ$,$,,+&0""#0
Amendment No. 1

Page 1 of 6 ends

AMENDMENT NO. 1
TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL

MAINTENANCE AND REPAIR SERVICES CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
ACCO ENGINEERED SYSTEMS, INC.

1. Parties and Date.

This Amendment No. 1 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this [***INSERT DAY***] day of August, 2024, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and ACCO Engineered Systems, Inc., a California corporation with its principal place of business at 888 E. Walnut St., Pasadena, CA 91101 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.2 Amendment Purpose. The Stadium Manager and Consultant desire to amend the Contract to extend the term, make corresponding changes to the not-to-exceed compensation amount, and adjust the rate schedule for the extended term.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections

3.3, 3.7.1, and 3.7.18 of the Contract. Capitalized terms not otherwise defined or amended herein shall have the meaning assigned in the Contract.

3. Terms.

3.1 Amendment: In accordance with Section 3.3 of the Contract, the Parties agree to extend the term of the Contract by one (1) additional year commencing September 7, 2024, and expiring September 6, 2025 (“First Extension Term”).

3.2 Amendment: In accordance with Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Thousand Dollars ($250,000) for the First Extension Term (“First Extension Total Contract Price”). The First Extension Total Contract Price shall be billed at the rates specified in Exhibit “G-1” attached hereto Amendment No. 1

Page 2 of 6 ends

and incorporated herein by reference. The total aggregate compensation amount under years one, two, three, and four of the Contract shall not exceed One Million Dollars ($1,000,000.00) without the approval of Stadium Manager.

3.3 Amendment: With respect to the First Extension Term, Exhibit “G” to the Contract is hereby deleted and replaced in its entirety with Exhibit “G-1”, which is attached hereto and incorporated herein by this reference.

3.4 Continuing Effect of Other Provisions. Except as amended by this Amendment No. 1, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. From and after the Effective Date of this Amendment No. 1, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment No. 1.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.6 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[SIGNATURES CONTINUED ON NEXT PAGE]
Amendment No. 1

Page 3 of 6 ends

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEVI’S STADIUM ON-CALL

PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES

CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT
COMPANY LLC AND ACCO ENGINEERED SYSTEMS, INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY LLC

Francine Hughes
EVP & General Manager

Date
ACCO ENGINEERED SYSTEMS, INC.

Hugh Palmer
Assistant Secretary

Date
Amendment No. 1

Page 4 of 6 ends

EXHIBIT “G-1”

FIRST EXTENSION RATE SCHEDULE
Billable Labor Rates Straight
Time
Weekday
Daily Saturday Sunday
&
Holiday
A Journeyman Level: - - - -
1 SHEET METAL WORKER – FOREMAN $ 207.51 $ 207.51 $ 275.99 $ 344.47 2 SHEET METAL WORKER – SHOP $ 200.70 $ 200.70 $ 266.93 $ 333.16 3 SHEET METAL WORKER – FIELD $ 180.41 $ 180.41 $ 239.95 $ 299.48 4 PLUMBER, STEAMFITTER, REFRIGERATION
FITTER (HVAC) – FOREMAN $ 232.80 $ 232.80 $ 309.62 $ 386.45 5 PLUMBER, STEAMFITTER, REFRIGERATION
FITTER (HVAC) $ 218.37 $ 218.37 $ 290.43 $ 362.49
6 UNDERGROUND UTILITY PIPEFITTER – FOREMAN $ 212.58 $ 212.58 $ 282.73 $ 352.88 7 UNDERGROUND UTILITY PIPEFITTER $ 188.54 $ 188.54 $ 250.76 $ 312.98 B Apprentice Level: - - - -
1 SHEET METAL WORKER - 4TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 2 SHEET METAL WORKER - 5TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 3 SHEET METAL WORKER - 6TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 4 SHEET METAL WORKER - 7TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 5 SHEET METAL WORKER - 8TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 6 SHEET METAL WORKER - 9TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 7 SHEET METAL WORKER - 10TH PERIOD $ 127.03 $ 127.03 $ 168.95 $ 210.87 8 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 4TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 9 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 5TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 10 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 6TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 11 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 7TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 12 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 8TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 13 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 9TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 14 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 10TH PERIOD $ 180.90 $ 180.90 $ 240.60 $ 300.29 Amendment No. 1

Page 5 of 6 ends

15 UNDERGROUND / UTILITY PIPEFITTER - 4th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
16 UNDERGROUND / UTILITY PIPEFITTER - 5th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
17 UNDERGROUND / UTILITY PIPEFITTER - 6th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
18 UNDERGROUND / UTILITY PIPEFITTER - 7th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
19 UNDERGROUND / UTILITY PIPEFITTER - 8th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
20 UNDERGROUND / UTILITY PIPEFITTER - 9th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
21 UNDERGROUND / UTILITY PIPEFITTER - 10th
PERIOD $ 151.77 $ 151.77 $ 201.85 $ 251.94
C Laborer Level: - - - -
1 Laborer – FOREMAN $ 226.19 $ 226.19 $ 300.83 $ 375.48 2 Laborer $ 175.77 $ 175.77 $ 233.77 $ 291.78
D Operating Engineer Level: - - - -
1 OPERATING ENGINEER – FOREMAN $ 226.19 $ 226.19 $ 300.83 $ 375.48 2 OPERATING ENGINEER $ 212.18 $ 212.18 $ 282.20 $ 352.22 E Service Call Fee per Emergency Call / Repair (Per Incident, if applicable) - $85.00 F Materials & Consumables Mark-Up from Actual Cost to Contractor is 20% G Equipment Rentals Mark-Up from Actual Cost to Contractor is 15%

1. Billable Labor Rates
Contractor may request adjustments to the billable labor rates on each one-year anniversary during the initial three-year term of the agreement, plus any one year options to renew the agreement after the initial term. Contractor must demonstrate to the satisfaction of the Stadium Manager that a price increase is warranted. Price adjustments are subject to Stadium Manager’s approval. Increases shall not exceed 3% annually, unless prevailing wage and/or union labor contracts increase by more than 3%.

2. Materials and Consumables
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are “minor” materials actually “consumed” during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor’s “cost” (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Contractor paid for said materials. c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.

Amendment No. 1

Page 6 of 6 ends

4. Permit Fees
All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.

5. Payment and Performance Bond Fees
Payment and performance bond fees shall be pass through charges billed to the Stadium Manager for actual documented cost charged without markup.

Page 1 of 6 ends

Amendment No. 2
AMENDMENT NO. 2
TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL

MAINTENANCE AND REPAIR SERVICES CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
O.C. MCDONALD CO., INC.

1. Parties and Date.

This Amendment No. 2 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this [***INSERT DAY***] day of August, 2024, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and O.C. McDonald Co., Inc., a California corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections 3.3,

3.7.1, and 3.7.18 of the Contract. Capitalized terms not otherwise defined or amended herein shall have the meaning assigned in the Contract.

3. Terms.

3.1 Amendment: In accordance with Section 3.3 of the Contract, the Parties agree to extend the term of the Contract by one (1) additional year commencing September 7, 2024 and expiring September 6, 2025 (“First Extension Term”).

3.2 Amendment: In accordance with Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Thousand Dollars ($250,000)

Page 2 of 6 ends

Amendment No. 2
for the First Extension Term (“First Extension Total Contract Price”). The First Extension Total Contract Price shall be billed at the rates specified in Exhibit “G-1” attached hereto and incorporated herein by reference. The total aggregate compensation amount under years one, two, three, and four of the Contract shall not exceed One Million Two Hundred Fifty Four Thousand Nine Hundred Twenty Two Dollars ($1,254,922.00) without the approval of Stadium Manager.

3.4 Continuing Effect of Other Provisions. Except as amended by Amendment No. 1 and this Amendment No. 2, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2. From and after the Effective Date of this Amendment No. 2, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by Amendment No. 1 and this Amendment No. 2.

3.6 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]

Page 3 of 6 ends

Amendment No. 2
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO LEVI’S STADIUM ON-CALL

PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES

CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY LLC

Francine Hughes
EVP & General Manager

Date
O.C. MCDONALD CO., INC.

Matt McDonald
Senior Vice President

Date

Page 4 of 6 ends

Amendment No. 2
EXHIBIT “G-1”

FIRST EXTENSION RATE SCHEDULE
Billable Labor Rates Straight
Time
Weekday
Daily Saturday Sunday
&
Holiday
A Journeyman Level: - - - -
1 SHEET METAL WORKER – FOREMAN $212.00 $318.00 $318.00 $424.00 2 SHEET METAL WORKER – SHOP $203.00 $305.00 $305.00 $406.00 3 SHEET METAL WORKER – FIELD $203.00 $305.00 $305.00 $406.00 4 PLUMBER, STEAMFITTER, REFRIGERATION FITTER
(HVAC) – FOREMAN $212.00 $318.00 $318.00 $424.00
5 PLUMBER, STEAMFITTER, REFRIGERATION FITTER
(HVAC) $203.00 $305.00 $305.00 $406.00
6 UNDERGROUND UTILITY PIPEFITTER – FOREMAN $212.00 $318.00 $318.00 $424.00 7 UNDERGROUND UTILITY PIPEFITTER $203.00 $305.00 $305.00 $406.00 B Apprentice Level:
1 SHEET METAL WORKER - 4TH PERIOD $109.00 $163.00 $163.00 $218.00 2 SHEET METAL WORKER - 5TH PERIOD $114.00 $148.00 $148.00 $180.00 3 SHEET METAL WORKER - 6TH PERIOD $116.00 $152.00 $152.00 $186.00 4 SHEET METAL WORKER - 7TH PERIOD $121.00 $160.00 $160.00 $195.00 5 SHEET METAL WORKER - 8TH PERIOD $124.00 $165.00 $165.00 $202.00 6 SHEET METAL WORKER - 9TH PERIOD $133.00 $178.00 $178.00 $220.00 7 SHEET METAL WORKER - 10TH PERIOD $144.00 $216.00 $216.00 $288.00 8 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 4TH PERIOD $109.00 $163.00 $163.00 $218.00
9 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 5TH PERIOD $114.00 $148.00 $148.00 $180.00
10 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 6TH PERIOD $116.00 $152.00 $152.00 $186.00
11 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 7TH PERIOD $121.00 $160.00 $160.00 $195.00
12 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 8TH PERIOD $124.00 $165.00 $165.00 $202.00
13 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 9TH PERIOD $133.00 $178.00 $178.00 $220.00

Page 5 of 6 ends

Amendment No. 2
14 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 10TH PERIOD $144.00 $216.00 $216.00 $288.00
15 UNDERGROUND / UTILITY PIPEFITTER - 4th PERIOD $109.00 $163.00 $163.00 $218.00 16 UNDERGROUND / UTILITY PIPEFITTER - 5th PERIOD $114.00 $148.00 $148.00 $180.00 17 UNDERGROUND / UTILITY PIPEFITTER - 6th PERIOD $116.00 $152.00 $152.00 $186.00 18 UNDERGROUND / UTILITY PIPEFITTER - 7th PERIOD $121.00 $160.00 $160.00 $195.00 19 UNDERGROUND / UTILITY PIPEFITTER - 8th PERIOD $124.00 $165.00 $165.00 $202.00 20 UNDERGROUND / UTILITY PIPEFITTER - 9th PERIOD $133.00 $178.00 $178.00 $220.00 21 UNDERGROUND / UTILITY PIPEFITTER - 10th PERIOD $144.00 $216.00 $216.00 $288.00 C Laborer Level: - - - -
1 Laborer – FOREMAN $212.00 $318.00 $318.00 $424.00
2 Laborer $144.00 $216.00 $216.00 $288.00
D Operating Engineer Level: - - - -
1 OPERATING ENGINEER – FOREMAN $212.00 $318.00 $318.00 $424.00 2 OPERATING ENGINEER $203.00 $305.00 $305.00 $406.00
E Service Call Fee per Emergency Call / Repair (Per Incident, if applicable) - $80.00 F Materials & Consumables Mark-Up from Actual Cost to Contractor is 18% G Equipment Rentals Mark-Up from Actual Cost to Contractor is 15%

1. Billable Labor Rates
Contractor may request adjustments to the billable labor rates on each one-year anniversary during the initial three-year term of the agreement, plus any one year options to renew the agreement after the initial term. Contractor must demonstrate to the satisfaction of the Stadium Manager that a price increase is warranted. Price adjustments are subject to Stadium Manager’s approval. Increases shall not exceed 3% annually, unless prevailing wage and/or union labor contracts increase by more than 3%.

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Amendment No. 2
b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Contractor paid for said materials.
c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.

3. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor’s actual invoice cost for that equipment, plus an agreed upon mark-up percentage.
b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor’s overall Overhead and Profit mark-up, which is a component of the Contractor’s billable hourly rates described above.

4. Permit Fees
All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.

5. Payment and Performance Bond Fees
Payment and performance bond fees shall be pass through charges billed to the Stadium Manager for actual documented cost charged without markup. 1 Date: August 6, 2024
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation to Amend Agreements with ACCO Engineered Systems, Inc., and O.C. McDonald Co., Inc., for On-Call Mechanical and Plumbing Maintenance and Repair Services at Levi’s Stadium
Recommendation
Recommend approval to execute the first amendment to the agreement with ACCO Engineered Systems, Inc., for on-call mechanical and plumbing maintenance and repair services at Levi’s Stadium to extend the term of the agreement from September 6, 2024 to September 6, 2025 with an option to extend for one additional year. The amount of the amendment for the fourth contract year shall not exceed $250,000. Total compensation, in the aggregate, shall not exceed $1,000,000 over the four-year period. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this agreement.

Recommend approval to execute the second amendment to the agreement with O.C. McDonald Co., Inc., for on-call mechanical and plumbing maintenance and repair services at Levi’s Stadium to extend the term of the agreement from September 6, 2024 to September 6, 2025 with an option to extend for one additional year. The amount of the amendment for the fourth contract year shall not exceed $250,000. Total compensation, in the aggregate, shall not exceed $1,254,922 over the four-year period. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this agreement.

Reasons for Recommendation
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for the Stadium on a continual, year-round basis, including overseeing the day-to-day operations and maintenance of the Stadium. The Stadium is a 1.8 million square foot facility completed in 2014. It utilizes complex mechanical components matching the size and age of the 2 facility. Stadium Manager determined that having a list of qualified, experienced bench of contractors to provide mechanical and plumbing maintenance and repair services at the Stadium on an as-needed basis was essential. Therefore, it was in Stadium Manager’s best interest to solicit proposals from contractors capable of handling a wide range of mechanical (HVAC) and plumbing repairs.

Pursuant to a formal solicitation process, on July 27, 2021, Stadium Manager recommended and received approval from the Santa Clara Stadium Authority (SCSA) Board to establish agreements with ACCO Engineered Systems, Inc., and O.C. McDonald Co., Inc., for on-call mechanical and plumbing maintenance and repair services at Levi’s Stadium, for a three-year period with an option to extend the agreement for two additional one-year periods. The amount of each agreement was not to exceed $250,000 per contract year without prior approval from the SCSA. Total compensation, in the aggregate, was not to exceed $750,000 under each agreement. Stadium Manager executed agreements with ACCO Engineered Systems, Inc. and O.C. McDonald Co., Inc. for a three-year period beginning September 7, 2021 through September 6, 2024.

The following are orders placed or expenditures incurred during the initial term of the agreements:

ACCO Engineered Systems, Inc.

Contract Year One - $237,013.13
Contract Year Two - $244,417.20
Contract Year Three - $174,017.43
O.C. McDonald Co., Inc.

Contract Year One – $0.00
Contract Year Two - $37,424.02
Contract Year Three - $254,922 (amendment issued utilizing SCSA capital expenditure funds) During the term of the agreement, Stadium Manager recommended and received approval and authorization from the SCSA Executive Director to execute an amendment to the agreement with O.C. McDonald Co., Inc. for the emergency procurement of the Temporary Domestic Boiler Emergency Project increasing the maximum compensation for year three from $250,000 to $504,922 to complete the emergency repair utilizing SCSA capital expenditure funds. A copy of the executed amendment has been provided to the SCSA.

Stadium Manager has a continued need for these services and contacted ACCO Engineered Systems, Inc., and O.C. McDonald Co., Inc. to exercise the option to extend the agreements for an additional year.

ACCO Engineered Systems, Inc. provided rate increases between 3.5 and 10 percent from the last increase exercised in year two of the agreement, which was an average 5.6 percent increase from year one. ACCO Engineered Systems, Inc. did not have any rate increase in year three. Cost of living adjustments, market conditions and union contracts were reasons for the rate increase by ACCO Engineered Systems, Inc.
3 O.C. McDonald Co., Inc. did not have any rate increase in years two and three. However, due to the increase in union wages their employees are subject to, O.C. McDonald Co., Inc. provided rate increases between 1.75% to 26.19% for their daily weekday rates substantiating the increases due to the Union Labor Agreement established in the month of June for labor rates to reflect the cost of living in this region for 2024-2025.

Upon review, Stadium Manager determined that it would be in our best interest to exercise the option to extend the agreements with both providers for an additional year with a not to exceed amount of $250,000 each for the contract year. By way of obtaining quotations from both providers, Stadium Manager can be assured of issuing task orders for services based on availability and at the lowest cost to Stadium Manager. Stadium Manager will request the SCSA for approval to increase the maximum compensation during the contract year, if warranted.

Fiscal Impact
The cost for such services is covered in the FY24/25 SCSA Budget, Engineering Department budget, as a shared expense.

Next Steps
Once approved, Stadium Manager will forward a copy of the executed amendments to the SCSA.

Submitted By: Date:

Jenti Vandertuig, Procurement Director

Straight Time Year-to-Year Straight
Time
Straight
Time
Straight
Time
Straight
Time
Factor Overtime
Overtime
Saturday
Factor Daily Time
Daily Time
Sunday/
Holiday
Year 1 % Increase Year 2 % Increase Year 3 % Increase Year 4 Year 4 Year 4 A (Journey Level)
1 $193.34 3.60% $ 0.00% 200.30$ 3.60% 200.30 $ 207.51 1.33 $ 275.99 1.66 $ 344.47 2 $187.00 3.60% $ 0.00% 193.73$ 3.60% 193.73 $ 200.70 1.33 $ 266.93 1.66 $ 333.16 3 $168.10 3.60% $ 0.00% 174.15$ 3.59% 174.15 $ 180.41 1.33 $ 239.95 1.66 $ 299.48 4 $211.16 5.00% $ 0.00% 221.72$ 5.00% 221.72 $ 232.80 1.33 $ 309.62 1.66 $ 386.45 5 $198.08 5.00% $ 0.00% 207.98$ 4.99% 207.98 $ 218.37 1.33 $ 290.43 1.66 $ 362.49 6 $192.82 5.00% $ 0.00% 202.46$ 5.00% 202.46 $ 212.58 1.33 $ 282.73 1.66 $ 352.88 7 $171.02 5.00% $ 0.00% 179.57$ 4.99% 179.57 $ 188.54 1.33 $ 250.76 1.66 $ 312.98 B (Apprentice Level)
1 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 2 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 3 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 4 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 5 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 6 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 7 $118.36 3.60% $ 0.00% 122.62$ 3.60% 122.62 $ 127.03 1.33 $ 168.95 1.66 $ 210.87 8 $164.09 0.00% $164.09 0.00% $164.09 10.24% $ 180.90 1.33 $ 240.60 1.66 $ 300.29 9 $164.09 5.00% $ 0.00% 172.29$ 172.29 4.99% $ 180.90 1.33 $ 240.60 1.66 $ 300.29 10 $164.09 5.00% $ 0.00% 172.29$ 4.99% 172.29 $ 180.90 1.33 $ 240.60 1.66 $ 300.29 11 $164.09 5.00% $ 0.00% 172.29$ 4.99% 172.29 $ 180.90 1.33 $ 240.60 1.66 $ 300.29 12 $164.09 5.00% $ 0.00% 172.29$ 4.99% 172.29 $ 180.90 1.33 $ 240.60 1.66 $ 300.29 13 $164.09 5.00% $ 0.00% 172.29$ 4.99% 172.29 $ 180.90 1.33 $ 240.60 1.66 $ 300.29 14 $164.09 5.00% $ 0.00% 172.29$ 4.99% 172.29 $ 180.90 1.33 $ 240.60 1.66 $ 300.29 15 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 16 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 17 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 18 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 19 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 20 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 21 $137.57 5.00% $ 0.00% 144.45$ 5.07% 144.45 $ 151.77 1.33 $ 201.85 1.66 $ 251.94 C (Laborer Level)
1 $211.16 3.50% $ 0.00% 218.55$ 3.50% 218.55 $ 226.19 1.33 $ 300.83 1.66 $ 375.48 2 $164.09 3.50% $ 0.00% 169.83$ 3.50% 169.83 $ 175.77 1.33 $ 233.77 1.66 $ 291.78 D (Operating Engineer Level)
1 $211.16 3.50% $ 0.00% 218.55$ 3.50% 218.55 $ 226.19 1.33 $ 300.83 1.66 $ 375.48 2 $198.08 3.50% $ 0.00% 205.01$ 3.50% 205.01 $ 212.18 1.33 $ 282.20 1.66 $ 352.22 Average 4.22% 0.00% 4.55%
ACCO Engineered Systems, Inc.’s Rate Increase Summary
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-174 Agenda Date: 8/27/2024

REPORT TO COUNCIL

SUBJECT
PUBLIC HEARING: Action on Environmental Impact Report, General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial, Use Permit, and Architectural Review to Allow the Construction of a New Four-Story, 244,068 Square Foot Data Center with a Substation at 2805 Bowers Avenue

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On August 4, 2021, HMH Engineers submitted an application, on behalf of GI Partners (Property Owner), for a General Plan Amendment, Use Permit, and Architectural Review to allow for the demolition of the existing 104,000 square-foot, two-story office building and construct a new fourstory, 244,068 square foot data center with rooftop mechanical equipment, a substation, landscaping, and site improvements. Pursuant to the City’s adopted Climate Action Plan, adopted by the City Council on June 7, 2022, the proposed data center is required to operate on 100% carbon-neutral energy, with offsets as needed.

The subject property was zoned Light Industrial at the time of application submittal, but is currently zoned High-Intensity Office/R&D (HO-RD) and has, and had at time of application, a General Plan land use designation of High-Intensity Office / Research and Development (HI O/R&D). Pursuant to the “classic” zoning code (18.48.030), as it was in effect on the date the application was deemed complete, a data center was not listed as a permitted use within this zoning district but could be allowed with the approval of a Use Permit. In addition, in accordance with the classic zoning code, the installation of the associated backup generators requires a Use Permit. The General Plan HI O/R&D designation does not support the development of a data center as a primary use, so the applicant filed an application for a General Plan Amendment to change the General Plan land use designation to Light Industrial, which would bring the General Plan and Zoning into conformance and support the proposed data center development.

During the processing of this application, on July 16, 2024, the City Council adopted an Updated Zoning Map that brought the zoning designation of properties into conformance with their General Plan Land Use Designation, and as such this site was rezoned to High-Intensity Office/R&D (HO-RD) consistent with the property’s General Plan land use designation. Therefore, should the proposed General Plan Amendment be approved by the City Council, staff will return to the City Council with a Zoning Map Clean Up, which will include returning the subject property back to the Light Industrial zoning district, consistent with the requested Light Industrial General Plan land use designation.

As part of the proposal, the applicant plans to install 32 3-Megawatt (MW) Tier 4-compliant renewable City of Santa Clara Page 1 of 6 Printed on 8/23/2024
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24-174 Agenda Date: 8/27/2024
diesel-fired emergency backup generators to provide electrical power to support the data center in case of a loss of utility power. All thermal Power Plants and related facilities generating 50 megawatts (MW) or greater, including backup generators such as the 32 generators proposed here, require review by the California Energy Commission (CEC) for certification as a power plant or issuance of a small power plant exemption. Per the California Environmental Quality Act (CEQA) guidelines, an Environmental Impact Report (EIR) was prepared by the CEC as the lead agency.

The Planning Commission, at a publicly noticed meeting on January 31, 2024, reviewed the project and after deliberation continued the item to the Planning Commission meeting on March 6, 2024, for further review and discussion. The Commission requested more outreach and to notify all properties within a 2,000-foot radius of the project site, including any schools/daycare centers in the vicinity.

On February 22, 2024, the applicant conducted a virtual community meeting to address any public concerns about the proposed project. The Community Meeting was attended by 15 members of the public. There were questions pertaining to the security of the premises, the number of employees, water usage, noise concerns, and the revenue the data centers generate for the City. The March 6, 2024 Planning Commission Staff Report provides more details about the Community meeting and is provided with this report as Attachment 1. The recording of the Community Meeting is available on the project page on the City of Santa Clara’s website.

At the publicly noticed meeting on March 6, 2024, the Planning Commission reviewed the project. A majority of the Planning Commission was unable to support the project, given concerns about General Plan consistency, noise, and electricity use. As discussed further below, the lack of an affirmative vote by the Planning Commission results in the project being forwarded to the Council with a recommendation of denial.

DISCUSSION
At the March 6, 2024 Planning Commission meeting, staff provided a presentation and shared that the project location is a transition area adjacent to both office and industrially developed properties.

This property also abuts other properties with Light Industrial General Plan designations, and thus light industrial uses allowed in the proposed Light Industrial General Plan designation are consistent with the character of the current and future potential build-out of the area. The nearest residential use is located more than 500 feet away, on the southwest corner of Bowers Avenue on the opposite side of the Caltrain railroad right of way.

The applicant team answered Planning Commission questions, which included questions about potential noise. The applicant shared a map from the noise study noting the ambient noise levels at various locations in the vicinity including the southwest of the property, close to the residential uses, and the project’s impact at these locations. The noise levels measured at these locations were well below the maximum permissible levels of 50-55 decibels for residential area. Primarily the noise sources are the generators and rooftop air chillers that are enclosed within a fence with an attenuation blanket to address the noise impacts. Some of the Planning Commission also focused their comments about concerns regarding data centers’ electrical power usage. One member of the public spoke at the Planning Commission meeting, indicating support of the project. A letter of support was received from the Santa Clara Unified School District, which is included in Attachment #2.

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24-174 Agenda Date: 8/27/2024
Five Commissioners were present at the Planning Commission Hearing on March 6, 2024. Motions to approve the Conditional Use Permit and recommend approval of the General Plan Amendment did not receive the sufficient four votes necessary to pass and no alternate motions were made. Under the City Code, this constituted a denial of the Use Permit and a recommendation of denial of the GPA. As a result, the Planning Commission was not required to take any action on the environmental document pursuant to CEQA guidelines 15270 (“Projects Which Are Disapproved”).

In the event the Planning Commission is unable to reach an agreement on the Conditional Use Permit, it is considered a denial. If the Planning Commission is unable to reach an agreement on the recommendation for the General Plan Amendment, it shall be forwarded to the Council with a recommendation of denial. Further, pursuant to the Zoning Code, when the Planning Commission makes a recommendation to the Council on a legislative matter (such as the General Plan Amendment), any concurrent companion decision(s) by the Planning Commission on an approval, permit, or variance, or other non-legislative land use permit application concerning, in whole or in part, the same property shall automatically be deemed to be timely and called up for review by the Council. Therefore, both the request for General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial and the application for a Use Permit to allow a data center use, and associated EIR, are now before the Council for review and action.

Some of the Planning Commission’s concerns were related to the quantity of electricity utilized by data centers, and the proliferation of data centers in the City. The EIR conservatively assumed that the project could consume up to 630,720 megawatt hours of electricity per year after full buildout, but actual electricity demand would likely be lower. And, as conditioned, the data center would not be able to connect to the power grid until Silicon Valley Power prepared a System Impact Study demonstrating that the system had capacity to serve the project, as well as a number of other regulatory approvals. The data center has also been designed with a Power Usage Effectiveness (PUE) rating of 1.25, which is considered “very efficient”. The electricity used to power the data center is conditioned to be 100-percent carbon neutral under the conditions of approval and the City’s Climate Action Plan. Based on these requirements, the project cannot go into service until SVP determines that its electrical system capacity is adequate to support project operations.

Under the Zoning Code (both the classic and updated versions), architectural review for this type of project is customarily conducted at a Development Review Hearing (DRH) following the Council decision. However, the Community Development Director also has the discretion to refer any architectural decision to the City Council, rather than holding a separate DRH. In this case, the Director has referred the architectural review of the application to the City Council for consideration.

The proposed project is consistent with the city’s non-residential design guidelines and uses a mix of materials to develop an aesthetically pleasing building.

Although appreciating the concerns of the Planning Commission, Staff continues to support the proposal because it is consistent with the goals and policies of the General Plan, most specifically Policy 5.3.5-P12, which promotes development, such as manufacturing, auto services, and data centers, in the Heavy Industrial and Light Industrial classifications to complement employment areas, and the subject site and use are consistent and compatible with the character and uses of the current and future potential build-out of the area. Staff recommends that the Council accept the EIR and adopt the MMRP prepared by the California Energy Commission (CEC); approve the General Plan City of Santa Clara Page 3 of 6 Printed on 8/23/2024
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24-174 Agenda Date: 8/27/2024
Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial; approve the Use Permit for the demolition of the existing building and construction of a new fourstory, 244,068 square foot data center, and approve the architectural review.

ENVIRONMENTAL REVIEW
An Environmental Impact Report and Mitigation Monitoring Reporting Program (MMRP) were prepared in accordance with the California Environmental Quality Act by the California Energy Commission, as the Lead Agency for the Project. Pursuant to Public Resources Code § 25519(c), the CEC is the lead agency for any development projects involving a power plant with capacity to generate 50 megawatts (MW) or more of electricity. Depending on the size and details of an individual project, the CEC may either provide formal certification to the power plant or issue a “Small Power Plant Exemption” (SPPE). Because the data center will utilize backup generators with a generating capacity of 72 MW, CEC review was required for this project and the CEC prepared the EIR as the lead agency.

The EIR examined potential environmental impacts associated with project development and identified air quality, biological, cultural resources, geology and soils, greenhouse gases, hazards and hazardous materials, and noise impacts. With implementation of mitigation measures those identified impacts would be reduced to less than significant. A detailed discussion of the potential impacts and mitigation measures to be applied to the project are specified in the EIR and MMRP and shall be implemented through project conditions of approval for the project. The links to the EIR and MMRP are included in Attachment 3 for access and review.

At a publicly noticed Business Meeting on November 8, 2023, the CEC granted the SPPE, certified the EIR, and adopted the MMRP. Because the City also has discretionary authority over the Project, the City is a “Responsible Agency” under CEQA, and if the City Council approves the project, must first accept the EIR and adopt the MMRP prepared by the CEC, or must either challenge the EIR in court or adopt its own Supplemental or Subsequent EIR for the Project. Staff believes that the CEC EIR is complete and fully analyzes the potential environmental impacts and includes appropriate mitigation measures. As such, if Council desires to approve the Project, staff recommends that the Council also take the required action to accept the EIR and adopt the MMRP.

FISCAL IMPACT
There is no fiscal impact on the City from processing the requested application other than administrative staff time and expenses typically covered by processing fees paid by the applicant.

COORDINATION
This report was coordinated with the City Attorney’s Office.

PUBLIC CONTACT
On August 17, 2024, a notice of public hearing was published in The Mercury News, a newspaper of general circulation, and on August 15, 2024, a notice of this item was mailed to property owners within 2,000 feet of the project site and to the schools located within the vicinity, including Bracher Elementary School, Wilcox High School, Eliana’s Daycare, and Little Starfish Bilingual Daycare.

Public comments received at the time of this staff report are available in Attachment 2 of this report.

Public contact was also made by posting the Commission agenda on the City’s official notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s City of Santa Clara Page 4 of 6 Printed on 8/23/2024
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24-174 Agenda Date: 8/27/2024
website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

ALTERNATIVES
Staff’s Recommendation:

1. Adopt the Resolution accepting the Environmental Impact Report prepared by the California Energy Commission (CEC) and adopting the Mitigation Monitoring and Reporting Program;

2. Adopt the Resolution approving the General Plan Amendment from High Intensity Office / Research and Development to Light Industrial to allow the construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval; and

3. Adopt the Resolution approving the Use Permit for the demolition of the existing building and construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval.

4. Adopt the Resolution approving the Architectural review for the demolition of the existing building and construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval.

OR:

5. Do not accept the Environmental Impact Report prepared by the California Energy Commission (CEC);

6. Deny the General Plan Amendment from High Intensity Office / Research and Development to Light Industrial to allow the construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue;

7. Deny the Use Permit for the demolition of the existing building and construction of a new fourstory 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, and direct staff to bring back a resolution of denial at a future meeting.

8. Deny the Architectural Review for the demolition of the existing building and construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, and direct staff to bring back a resolution of denial at a future meeting.

RECOMMENDATION

1. Adopt the Resolution accepting the Environmental Impact Report prepared by the California Energy Commission (CEC) and adopting the Mitigation Monitoring and Reporting Program;

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24-174 Agenda Date: 8/27/2024

Reviewed by: Reena Brilliot, Acting Community Development Director Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Planning Commission Staff report March 6, 2024

2. Public Comments Received

3. Links to Environmental Impact Report and Mitigation Monitoring and Reporting Program

4. Resolution Accepting the Environmental Impact Report and Adopting the Mitigation Monitoring and Reporting Program

5. Resolution Approving the General Plan Amendment

6. Resolution Approving the Use Permit

7. Resolution Approving the Architectural Review

8. Conditions of Approval

9. Applicant’s Statement of Justification

10. Development Plans
City of Santa Clara Page 6 of 6 Printed on 8/23/2024
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-172 Agenda Date: 3/6/2024

REPORT TO PLANNING COMMISSION

SUBJECT
PUBLIC HEARING. Action on Environmental Impact Report, General Plan Amendment, and Use Permit to allow the construction of a new four-story, 244,068 square foot data center with a substation at 2805 Bowers Avenue (Continued from Planning Commission Hearing on January 31, 2024)
Project: Walsh/Bowers Data Center and Bowers Backup Generator Facility (22-SPPE-01) File No(s): PLN21-15069
Applicant: Gerry De Young, HMH Engineers
Property Owner: GI Partners
General Plan: High Intensity Office / Research and Development Zoning: Light Industrial (ML)
Site Area: 5.12 acres (APN: 216-28-063)
Existing Site Conditions: The project site is developed with a 104,000-square-foot, two-story office building, surface parking lot, and perimeter landscaping.

Surrounding Land Uses:
· North: One-Story Office Building
· East: Light Industrial Uses, Vantage Data Center
· South: Silicon Valley Power (SVP) Uranium Substation, · West: Bowers Avenue; Office and Light Industrial Uses Issues: Consistency with the General Plan and Zoning Ordinance.

Staff Recommendation: (1) Adopt a resolution accepting the Environmental Impact Report (EIR) ( SCH # 2023020228) and adopting the Mitigation Monitoring and Reporting Program (MMRP) prepared by the California Energy Commission (CEC); (2) adopt a resolution recommending the City Council approve the General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial; and (3) adopt a resolution approving the Use Permit for the demolition of the existing building and construction of a new four-story, 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval.

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24-172 Agenda Date: 3/6/2024
The Planning Commission at a publicly noticed meeting on January 31, 2024, reviewed the project and after deliberation continued the item to the Planning Commission meeting on March 6, 2024, for further review and discussion.

DISCUSSION
The subject property is zoned Light Industrial, and the General Plan designation is High-Intensity Office / Research and Development (R&D). Pursuant to the zoning code, as it was in effect on the date the application was deemed complete, a data center was not listed as a permitted use within this zoning district but could be allowed with the approval of a Use Permit. In addition, the installation of the associated backup generators required a Use Permit.

The High-Intensity Office / R&D designation for the project site does not support the development of a data center as a primary use, so the applicant filed an application for a General Plan Amendment to change the General Plan land use designation to Light Industrial, which would bring the General Plan and Zoning into conformance and support the proposed data center development. The Planning Commission staff report from January 31, 2024, with a detailed analysis is attached for reference.

At the Planning Commission Hearing on January 31, 2024, the Commissioners deliberated on the impact of the proposed use on the residential neighborhood to the south of the project site and directed staff to do more outreach and notify all properties within a 2,000 foot radius of the project site and including any schools/daycare in the vicinity.

On February 22, 2024, the applicant conducted a virtual community meeting to address any public concerns on the proposed project. The community meeting was attended by 15 members of the public. There were questions pertaining to the security of the premises, the number of employees, water usage, noise concerns, and the revenue the data centers generate for the City.

The applicant explained that they would be engaging a full-time security agency and would employ about 10 people. The applicant clarified that the project would not be generating its own power except for when the emergency backup generators are in use. They further explained that the term ‘power plant’ used in the environmental analysis by the California Energy Commission refers to the emergency backup generators that will be used only during an outage and for testing once a month for 15 minutes. The water usage for the data center would be very low, about the same as the previous use on the property, and the project would use primarily recycled water for all uses including landscaping. The project uses air-cool chillers that do not use water.

To address the noise concerns, the applicant shared a map from the noise study noting the ambient noise levels at various locations in the vicinity including the southwest of the property, close to the residential uses, and the project’s impact at these locations. The noise levels measured at these locations were well below the maximum permissible levels of 50-55 decibels for residential area.

Primarily the noise sources are the generators and rooftop air chillers that are enclosed within a fence with noise a attenuation blanket to address the noise impacts. The applicant further explained that the wind does not enhance or flow the noise and for measuring accurate ambient noise levels the measurements are done during nighttime when it is most quiet.

Silicon Valley Power has published rates for Industrial users and for every megawatt usage, approximately $50,000 is contributed to the general fund. Further, they provide large tax City of Santa Clara Page 2 of 4 Printed on 2/29/2024
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24-172 Agenda Date: 3/6/2024
contributions.

The recording of the meeting is available on the project page on the City of Santa Clara’s website.

ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) and Mitigation Monitoring Reporting Program (MMRP) were prepared in accordance with the California Environmental Quality Act (CEQA) by the California Energy Commission (CEC), as the Lead Agency for the Project. Pursuant to Public Resources Code § 25519(c), the CEC is the lead agency for any development projects involving a power plant with capacity to generate 50 megawatts (MW) or more of electricity. Depending on the size and details of an individual project, the CEC may either provide formal certification to the power plant or issue a “Small Power Plant Exemption” (SPPE). Because the data center will utilize backup generators with a generating capacity of 72 MW, CEC review was required for this project and the CEC prepared the EIR as the lead agency.

At a publicly noticed Business Meeting on November 8, 2023, the CEC granted the SPPE, certified the EIR, and adopted the MMRP. Because the City also has discretionary authority over the Project, the City is a “Responsible Agency” under CEQA, and must accept the EIR and adopt the MMRP prepared by the CEC, or must either challenge the EIR in court or adopt its own Supplemental or Subsequent EIR for the Project. Staff believes that the CEC EIR is complete and fully analyzes the potential environmental impacts and includes appropriate mitigation measures. As such, staff recommends that the Planning Commission accept the EIR and adopt the MMRP.

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.

COORDINATION
This report was coordinated with the City Attorney’s Office.

PUBLIC CONTACT
On February 21, 2024, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on February 22, 2024, a notice of this item was mailed to property owners within 2,000 feet of the project site and to the schools located within the vicinity, including Bracher Elementary School, Wilcox High School, Eliana’s Daycare, Little Starfish Bilingual Daycare. Public comments received at the time of this staff report are available as Attachment 2 of this report.

On February 22, 2024, the applicant conducted a virtual community meeting to address any public concerns on the proposed project. The community meeting was attended by 15 members of the public. The recording of the meeting is available on the project page on the City of Santa Clara’s City of Santa Clara Page 3 of 4 Printed on 2/29/2024
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website.

Public contact was also made by posting the Commission agenda on the City’s official notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt a Resolution accepting the Environmental Impact Report prepared by the California Energy Commission (CEC) and adopting the Mitigation Monitoring and Reporting Program;

2. Adopt a Resolution recommending the City Council approve the General Plan Amendment from High Intensity Office / Research and Development to Light Industrial, subject to findings; and

3. Adopt a Resolution approving the Use Permit for the demolition of the existing building and construction of a new four-story 244,068 square foot data center with a substation and site improvements in the Light Industrial (ML) zoned property at 2805 Bowers Avenue, subject to findings and conditions of approval.

Prepared by: Nimisha Agrawal, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Planning Commission Staff report of January 31, 2024

2. Public Comments received

3. Review of CEC Final EIR Memo

4. Links to Environmental Impact Report and Mitigation Monitoring and Reporting Program

5. Resolution Accepting the Environmental Impact Report and Adopting the Mitigation Monitoring and Reporting Program

6. Resolution Recommending Council to Approve the General Plan Amendment

7. Resolution Approving the Use Permit

8. Project Data Table

9. Conditions of Approval

10. Applicant’s Statement of Justification

11. Development Plans
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1380 Agenda Date: 1/31/2024

REPORT TO PLANNING COMMISSION

SUBJECT
Public Hearing. Action on Environmental Impact Report, General Plan Amendment, and Use Permit to allow the construction of a new four-story, 244,068 square foot data center with a substation at 2805 Bowers Avenue
Project: Walsh/Bowers Data Center and Bowers Backup Generator Facility (22-SPPE-01) File No(s): PLN21-15069
Applicant: Gerry De Young, HMH Engineers
Property Owner: GI Partners
General Plan: High Intensity Office / Research and Development Zoning: Light Industrial (ML)
Site Area: 5.12 acres (APN: 216-28-063)
Existing Site Conditions: The project site is developed with a 104,000-square-foot, two-story office building, surface parking lot, and perimeter landscaping.

Surrounding Land Uses:
· North: One-Story Office Building
· East: Light Industrial Uses
· South: Silicon Valley Power (SVP) Uranium Substation, Vantage Data Center · West: Bowers Avenue; Office and Light Industrial Uses Issues: Consistency with the General Plan and Zoning Ordinance.

Staff Recommendation: Adopt a resolution accepting the Environmental Impact Report (EIR) (SCH # 2023020228) and adopting the Mitigation Monitoring and Reporting Program (MMRP) prepared by the California Energy Commission (CEC); adopt a resolution recommending the City Council approve the General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial; and adopt a resolution approving the Use Permit for the demolition of the existing building and construction of a new four-story, 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval.

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review by the CEC. Per the CEQA guidelines, an EIR was prepared by the CEC as the lead agency, as discussed later in detail in this report. The applicant has also filed a separate application (File No.

PLN22-00479) for a lot line adjustment with the adjacent parcel at 2710 Walsh Avenue (APN: 216-28- 105) to add approximately 3,675 square feet area in the northeast corner of the site. Pursuant to SCCC Section 17.05.040(d), the lot line adjustment will be approved administratively by the City Engineer.

In accordance with the City’s Zoning Code, the consideration of the various requests by the applicant require a recommendation or determination by the Planning Commission or determination by the City Council. General Plan Amendments require a recommendation from the Planning Commission to the City Council for their final consideration. Use Permits are decided by the Planning Commission.

Architectural Reviews are typically decided at a Development Review Hearing but may be referred by the Director of Community Development to the City Council for consideration. For this project, the Architectural Review is being referred to the City Council and the Planning Commission can provide comments on site and building design that can be shared with the City Council.

DISCUSSION
The subject property is zoned Light Industrial. Under the zoning code as it was in effect on the date the application was deemed complete, a data center was not listed as a permitted use within this zoning district, but could be approved with the approval of a Use Permit. In addition, the installation of the associated backup generators required a Use Permit.

Much of the City’s industrial lands have historically been zoned as Light Industrial. With the 2010 comprehensive update of the City’s General Plan, these light industrial areas were divided into multiple designations, including the High-Intensity Office / Research and Development designation currently applied to the subject property. This designation does not support development of a data center as a primary use, so the applicant has filed an application for a General Plan Amendment to change the General Plan land use designation to Light Industrial, which would bring the General Plan and Zoning into conformance and support the proposed data center development.

The City has discretion in the review of a proposed General Plan Amendment. General Plan amendments are reviewed to determine if they would help to achieve the overall goals of the General Plan and for consistency with specific General Plan policies. In this particular case no rezoning action is necessary for the proposed development and the requested General Plan Amendment would bring the General Plan into consistency with the current Zoning.

The proposed Use Permit is reviewed for consistency with the standards set forth in the City’s Zoning Code.

Neighborhood Context
Adjacent properties are developed with office and industrial uses. This property also abuts other properties with Light Industrial General Plan designations, and thus light industrial uses allowed in the proposed Light Industrial General Plan designation are consistent with the character of the current and future potential build-out of the area. The nearest residential use is located more than 500 feet away, on the southwest corner of Bowers Avenue on the opposite side of the Caltrain railroad right of way.

Consistency with the General Plan
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The project site has a General Plan land use designation of High-Intensity Office/R&D. This designation is intended for high
‐
rise or campus
‐
like developments for corporate headquarters, R&D,
and supporting uses, with landscaped areas for employee activities. Data centers under this designation are limited to those that serve the primary use on ‐
site. The proposed standalone data
center will require a General Plan Amendment of the land use designation to Light Industrial. This classification is intended to accommodate a range of light industrial uses, including general service, warehousing, storage, distribution, and manufacturing. It includes flexible space, such as buildings that allow combinations of single and multiple users, warehouses, mini ‐
storage, wholesale, bulk
retail, gas stations, data centers, indoor auto
‐
related uses and other uses that require large,
warehouse
‐
style buildings.

A proposed stand-alone data center with a Floor Area Ratio (FAR) of 1.03, will exceed the FAR of 0.6 allowed under the Light Industrial designation. However, the FAR policies were intended to predict and limit the intensity of land use and their resulting environmental impacts such as a significant increase in vehicle miles traveled. Data centers have low employment/occupation density, so an increase in FAR would not be expected to increase the number of employees and vehicle miles traveled beyond that anticipated by the City’s General Plan.

This proposed General Plan Amendment aligns with General Plan Strategy 4.6, Maintain the City’s Fiscal Health and Quality Services. This Strategy encourages a mix of uses to ensure that sufficient revenues are garnered to cover the cost of service needs. Data centers contribute property tax revenue that includes the valuation of not just the building but also the improvements which include servers and other high cost equipment.

The project is also consistent with the following General Plan Policies:

5.3.1-P8: Work with property owners to improve or redevelop underutilized and vacant properties.

5.3.1 ‐
P9 Require that new development provide adequate public services and facilities, infrastructure, and amenities to serve the new employment or residential growth.

5.3.1 ‐
P12 Encourage convenient pedestrian connections within new and existing developments.

5.3.5 ‐
P1 Work with existing Santa Clara businesses to retain and expand employment opportunities and strengthen the existing tax base.

5..3.5-P12 Promote development, such as manufacturing, auto services, and data centers, in Heavy Industrial and Light Industrial classifications to complement employment areas and retail uses.

The proposal is consistent with the above policies, in that the project utilizes and improves an underutilized property for use as a data center and strengthens the existing tax base. The project invests in public services and infrastructure with on- and off-site improvements like repairing the existing curb and gutter, and providing five-foot sidewalks along Bowers Avenue. It also provides landscape and traffic improvements to support and complement adjacent land uses. The new detached sidewalks with the landscape strip enhance pedestrian connections. On balance, the project as proposed is consistent with the city’s General Plan.

Site Layout and Project Design
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24-1380 Agenda Date: 1/31/2024
parking, service, and delivery vehicles. The project includes the undergrounding of utilities and improvements to the project frontage, including a five-foot separated sidewalk and a four-foot landscape strip in the public right-of-way.

A total of 48 trees will be removed for the construction of the data center. Pursuant to SCCC Chapter Section 12.35 and General Plan Policy 5.3.1-P10, the trees removed should be replaced at a minimum ratio of 2:1 with 24-inch box trees on-site, requiring 96, 24-inch box replacement trees to be planted onsite. While the project does include a landscape and tree planting plan, the new development of the site with a data center imposes constraints for tree planting due to the location of underground utilities and overlying utility and emergency vehicle access easements necessary to serve the site and operate the substation and data center. Section 12.35.090(c)(8) allows the applicant to provide an alternative means of replacement subject to the approval of the Director of Community Development. To have the onsite benefit of landscaping the tree removal will be considered mitigated by upsizing the replacement trees and planting a total of 91, 36-inch or 48-inch box trees on the project site. An additional 5 trees will be planted offsite to achieve the necessary 2:1 ratio.

The data center building would be in the center of the property with the generator yard and the loading docks located behind the building, not visible from Bowers Avenue. Parking for the facility is located between Bowers Avenue and the building. The data center building would include administrative offices and 12 data halls.

As part of the project, a 72 megavolt-ampere (MVA) electrical substation would be located on the southeastern corner of the project site and would be looped into to the existing Silicon Valley Power (SVP) Substation 60 kilovolt (KV) transmission feeder, located adjacent to the site on Uranium Street.

The project includes 32 Tier 4 compliant renewable diesel-fired emergency backup generators with a maximum peak generating capacity for each generator of three megawatts (MW). Under normal operation, the maximum load on each generator is designed to be 75% of the peak capacity, for a maximum aggregate generation capacity of 72 MW. The backup generator facility would be in the generation yard east of the data center building and would only be operated for maintenance, testing, and emergencies during utility power outages. The generator yard is enclosed within approximately 43 feet high perforated metal screen walls with a sound attenuation blanket to keep the noise within the maximum noise level allowance in the Light Industrial zoning district. Similarly, 42 air-cooled rooftop chillers will be behind a 15-foot-high mechanical screen wall and also include a sound attenuation blanket.

Zoning Conformance
On December 19, 2023, the City Council recently adopted the comprehensive Zoning Code Update, which is anticipated to go into effect on February 8, 2024, and this Project will be considered by the City Council after that date. However, the Updated Zoning Code provides that projects with complete applications prior to the Effective Date shall be processed in compliance with the requirements in effect when the application was deemed complete (§ 18.02.070.A).- Here, the Project Clearance Committee determined that the application was complete on October 11, 2022, and so the standards of older zoning code (the “Classic Code”) will apply to this project.

The project site has a zoning designation of Light Industrial (ML) under the Classic Code, which is the version of the Zoning Code that has been effected and does not reflect the Zoning Code Update provisions adopted by the City Council on December 19, 2023. This zoning district is intended to City of Santa Clara Page 4 of 7 Printed on 1/26/2024
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provide an optimum general industrial environment to accommodate industries operating substantially with an enclosed building that would not be objectionable or detrimental to adjacent properties or the industrial area. A data center is not listed as an allowed use in the ML zoning district.

Subject to Section 18.48.040(e) of the Classic Code, other uses that are not normally permitted, but are appropriate for the Industrial district may be allowed by first securing a Conditional Use Permit.

In addition, Section 18.60.050 of the Classic Code requires a Conditional Use Permit to allow installation of electric power plants, including back-up generators. (Under the Updated Zoning Code, data centers are permitted in the new light industrial LI zone subject to a conditional use permit, while backup generators will require a minor use permit.)
The proposed building will have a front setback of 108 feet, exceeding the 15-foot front requirement in the ML zoning district. The project proposes a lot coverage of approximately 26%, which is below the 75% maximum lot coverage standard for the ML district. The proposed height of the data center building is 87’-6” (excluding the sound attenuating mechanical screen), whereas the maximum allowed height in the ML zoning district is 70 feet. Pursuant to Section 18.90.020(a) of the Classic Code, a 25% increase can be allowed with a Zoning Administrator modification, bringing the maximum height allowance to 87’-6”. The project provides 62 surface parking spaces, meeting the zoning code requirement of one parking space per 4,000 square feet of gross floor area.

Architectural Review
Pursuant to City Code Section 18.76.020(j), the architectural review of the application is being referred to the City Council for consideration. The Planning Commission can provide any design comments which will be relayed to the City Council.

Conclusion
The project would be compatible with adjacent land uses and maintains the industrial character of the area. The project improves an underutilized property and provides economic opportunity to capture added property tax resulting from on- and off-site improvements. The project is therefore determined to be consistent with the proposed General Plan land use designation and the existing zoning designation of the properties comprising the project.

ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) and Mitigation Monitoring Reporting Program (MMRP) were prepared in accordance with the California Environmental Quality Act (CEQA) by the California Energy Commission (CEC), as the Lead Agency for the Project. Pursuant to Public Resources Code § 25519(c), the CEC is the lead agency for any development projects involving a power plant with capacity to generate 50 MW or more of electricity. Depending on the size and details of an individual project, the CEC may either provide formal certification to the power plant or issue a “Small Power Plant Exemption” (SPPE). Because the data center will utilize backup generators with a generating capacity of 72 MW, CEC review was required for this project and the CEC prepared the EIR as the lead agency.

The EIR examined potential environmental impacts associated with project development and identified air quality, biological, cultural resources, geology and soils, greenhouse gases, hazards and hazardous materials, and noise impacts. With implementation of mitigation measures those identified impacts would be reduced to less than significant. A detailed discussion of the potential impacts and mitigation measures to be applied to the project are specified in the EIR and MMRP and shall be implemented through project conditions of approval for the project. The links to the EIR and MMRP City of Santa Clara Page 5 of 7 Printed on 1/26/2024
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included in Attachment 2 for access and review.

At a publicly noticed Business Meeting on November 8, 2023, the CEC granted the SPPE, certified the EIR, and adopted the MMRP. Because the City also has discretionary authority over the Project, the City is a “Responsible Agency” under CEQA, and must accept the EIR and adopt the MMRP prepared by the CEC, or must either challenge the EIR in court or adopt its own Supplemental or Subsequent EIR for the Project. Staff believes that the CEC EIR is complete and fully analyzes the potential environmental impacts and includes appropriate mitigation measures. As such, staff recommends that the Planning Commission accept the EIR and adopt the MMRP.

COORDINATION
This report was coordinated with the City Attorney’s Office.

PUBLIC CONTACT
On January 17, 2024, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.

Public contact was also made by posting the Commission agenda on the City’s official notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt a Resolution accepting the Environmental Impact Report prepared by the California Energy Commission (CEC) and adopting the Mitigation Monitoring and Reporting Program;

2. Adopt a Resolution recommending the City Council approve the General Plan Amendment from High Intensity Office / Research and Development to Light Industrial, subject to findings; and

Prepared by: Nimisha Agrawal, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
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ATTACHMENTS

1. Review of CEC Final EIR Memo

2. Links to Environmental Impact Report and Mitigation Monitoring and Reporting Program

3. Resolution Accepting the Environmental Impact Report and Adopting the Mitigation Monitoring and Reporting Program

4. Resolution Recommending Council to Approve the General Plan Amendment

5. Resolution Approving the Use Permit

6. Project Data Table

7. Conditions of Approval

8. Applicant’s Statement of Justification

9. Development Plans
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approved. It is scheduled for Planning Commission Hearing on March 6, 2024 and City Council Hearing on April 9, 2024.
3) Will there be an end to how many data centers Santa Clara allows? When is enough? For me, it's now. Your comment is noted.

Thank you.

Regards,
Lori Telson
On Wednesday, February 14, 2024 at 08:46:17 AM PST, Nimisha Agrawal <[email protected]> wrote:

Good Morning Mr. Rubin and Ms. Telson,
Thank you for your inquiry. The noise impacts from the proposed data center project were analyzed in the Environmental Impact report (EIR) prepared by the California Energy Commission for this project. The EIR took into consideration the ambient noise and concluded that the operation and maintenance activities for the project site would be similar to those for a similarly sized industrial building and would not have an impact on people working or residing in the area. The proposed generator yard for the project will be located on the north eastern side of the building and would house the 32 emergency backup generators. The generator yard would be enclosed with 42 feet and 9 inches-high perforated metal screen walls and would include a sound attenuation blanket to ensure the noise from the generator testing and maintenance meets the City noise limits. Similarly, the mechanical penthouse would include a screen wall 14 feet and 11 inches tall not only to screen the equipment also include sound attenuation blanket to reduce the noise of the air chillers.

The EIR prepared for the project is available on the City’s website. The developer for the project GI Partners has scheduled a Virtual Community Meeting on February 22, 2024, to answer any questions from the public. Please see attached the flyer with further details and the link to the Zoom meeting. The project is scheduled to be heard at the Planning Commission on March 6, 2024, and that will be another opportunity for any public comments.

Please let me know if you have any other questions.

Thanks,
Nimisha Agrawal| Senior Planner
Community Development Department
1500 Warburton Avenue | Santa Clara, CA 95050
O:408.615.2450 | D: 408.615.2467

Regards,
Lori Telson
2805 Bowers Avenue 1 Review of CEC Final EIR
Memorandum
To: Nimisha Agrawal, Senior Planner
City of Santa Clara
From: Michael Lisenbee, Senior Project Manager
David J. Powers & Associates, Inc.

Date: January 11, 2024
Subject: 2805 Bowers Avenue – Review of Final EIR Prepared by the California Energy Commission
Background
In November 2023, the California Energy Commission (CEC) certified the Bowers Backup Generating Facility Final EIR for the proposed data center project located at 2805 Bowers Avenue in Santa Clara. The Final EIR determined that, with the incorporation of mitigation measures, the project would not result in significant unavoidable environmental impacts. The Final EIR, however, incorrectly listed the square footage of the existing building on the project site, which would be demolished as part of the proposed project, as 55,000 instead of 100,487.

Review of Final EIR
To ensure the discrepancy in square footage provided for the existing building did not affect the conclusions in the Final EIR, David J. Powers & Associates completed a review of the analysis supporting the Final EIR’s conclusions. The review determined that, although the square footage of the existing building is mentioned throughout the Final EIR, it was primarily provided for informational purposes to describe the existing setting on the project site, not as the basis for the analysis of environmental impacts resulting from the proposed project.

In one instance, the Final EIR indicates that a square footage of 55,000 was used to calculate “Area Source” greenhouse gas (GHG) emissions from the proposed project (Table 4.8-4).1 However, this was determined to be a typo. Table 4.8-4 lists the GHG emissions from operation of the proposed data center facility, not the existing building on the site. A review of the underlying GHG emissions modeling which Table 4.8-4 is based upon confirmed that the correct square footage of the proposed data center facility (244,068) was used to calculate the GHG emissions resulting from the project.2 1 California Energy Commission. Bowers Backup Generating Facility Final EIR (page 4.8-23). November 2023.

Available at: https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-SPPE-01. 2 California Energy Commission. BBGF SPPE App Appendix A (pages 13 and 21). August 2022. Available at:
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-SPPE-01. 2805 Bowers Avenue 2 Review of CEC Final EIR
Additionally, the underlying assumptions for the calculation of air quality and GHG emissions related to demolition activities were reviewed to determine whether the listing of the incorrect square footage of the existing building may have affected emissions estimates. The review determined that the modeling of emissions related to demolition activities was based on detailed assumptions regarding the anticipated duration of demolition activities and specific equipment use anticipated by the project applicant, not model defaults based on the existing building’s square footage.3 The assumptions for truck trips associated with hauling away demolition materials, however, were based on model defaults for a 55,000 square foot building. Changing the model defaults to assume a 100,487 square foot building raised overall construction-related haul trips to 2,672 from 2,465, an increase of 8.4 percent.4 Emissions associated with demolition haul trips represent well below one percent of overall construction emissions.5 As shown in Tables 4.3-5, 4.3-7, 4.3-9, 4.3-11, 4.3-12, and 4.3-13 of the Final EIR, construction emissions were determined to be well below relevant thresholds. A slight increase in demolition hauling emissions which, as stated previously, represent well below one percent of overall construction emissions, would not meaningfully increase overall construction emissions. As a result, the discrepancy in square footage used for assumptions related to hauling of demolition materials did not meaningfully affect the conclusions of the Final EIR.

Conclusion
Although the CEC’s Final EIR included an incorrect square footage for the existing building on the project site, the incorrect square footage did not meaningfully affect the analysis of the project’s environmental impacts. As a result, the conclusions in the Final EIR remain valid, and no revisions or amendments to the Final EIR are necessary.
3 California Energy Commission. BBGF SPPE App Appendix A (page 14). August 2022. Available at:
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-SPPE-01. 4 CalEEMod default assumptions for demolition hauling trips based on square footage of the demolished structure. 5 California Energy Commission. BBGF SPPE App Appendix A (pages 18 and 24). August 2022. Available at:
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-SPPE-01. 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing March 6, 2024
California Environmental Quality Act (CEQA) FEIR and MMRP documents prepared by the California Energy Commission for the Bowers Backup Generating Facility – Walsh-Bowers Data Center Project Docket # 22-SPPE-01
Bowers Backup Generating Facility Final EIR - Part 1
Bowers Backup Generating Facility Final EIR - Part 2
City of Santa Clara - Mitigation Monitoring and Reporting Program These documents are available in the Community Development Department for review Resolution/ 2805 Bowers Avenue- EIR Page 1 of 4
Rev. 11-22-17
RESOLUTION NO. _____

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA ACCEPTING THE

ENVIRONMENTAL IMPACT REPORT PREPARED BY THE

CALIFORINA ENERGY COMMISSION, MAKING RESPONSIBLE

AGENCY FINDINGS, AND ADOPTING A MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE DATA
CENTER PROJECT LOCATED AT 2805 BOWERS AVENUE,

SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development and is zoned Light Industrial (ML);
WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project requires a General Plan Amendment, a Use Permit, and Architectural Review by the City. The Owner simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023;
Resolution/ 2805 Bowers Avenue- EIR Page 2 of 4
Rev. 11-22-17
WHEREAS, the CEC is the state agency authorized to approve or deny all thermal Power Plants and related facilities of 50 megawatts (MW) or greater, and pursuant to Public Resources Code Section 25519(c), the CEC is the Lead Agency under the California Environmental Quality Act (“CEQA”) for such thermal Power Plants;
WHEREAS, the City of Santa Clara is a Responsible Agency under CEQA, and must make a determination as to the adequacy of the environmental documentation prepared for the Project; WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023 and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC prepared written responses to the comments received during the Comment Period and included these responses in a Final Environmental Impact Report (“FEIR”); WHEREAS, the DEIR and FEIR constitute the EIR for the Project; WHEREAS, the CEC certified the EIR and approved the Mitigation Monitoring and Reporting Program (“MMRP”) and a Small Power Plant Exemption for the Project at a duly noticed Business Meeting on November 8, 2023 (“Docket No: 22-SPPE-01”);
WHEREAS, the City is required whenever possible, pursuant to CEQA, to adopt all feasible mitigation measures that can substantially lessen or avoid any significant environmental effects of the Project;
WHEREAS, CEQA Guidelines § 15096(h) requires a Responsible Agency, before approving a project for which an EIR has been prepared and certified, to adopt findings specifying whether Resolution/ 2805 Bowers Avenue- EIR Page 3 of 4
Rev. 11-22-17
mitigation measures and, in some instances, alternatives discussed in the EIR, have been adopted or rejected as infeasible;
WHEREAS, the significant and potentially significant environmental effects associated with the Project, as approved, can either be reduced to less than significant or be avoided through the inclusion of mitigation measures proposed in the EIR;
WHEREAS, on February 22, 2024, notices of the public meeting for the Planning Commission Hearing of March 6, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity, including Bracher Elementary School, Wilcox High School, Eliana’s Daycare, and Little Starfish Bilingual Daycare; and WHEREAS, on March 6, 2024, Planning Commission held a duly noticed public hearing to consider the Project, EIR, MMRP and all pertinent information in the record during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That pursuant to CEQA Guidelines Section 15050(b), the Planning Commission as a Responsible Agency has reviewed and considered the information contained in the EIR for the Project.

2. That pursuant to CEQA Guidelines Section 15096(h), the Planning Commission hereby adopts the findings made by the California Energy Commission contained in the FEIR, and further finds that approval of the Project as mitigated will have no significant negative effects on the area’s environmental resources, cumulative or otherwise, as the impacts as mitigated fall within the environmental thresholds identified by CEQA, and the Commission hereby accepts the EIR.

3. That the Planning Commission hereby adopts the MMRP, as adopted by the CEC, for implementation with Project Development as required by Section 15097(a) of the CEQA Guidelines.

Resolution/ 2805 Bowers Avenue- EIR Page 4 of 4
Rev. 11-22-17

4. That the Planning Commission hereby designates the Acting Director of Community Development as the Custodian of Records for the Project, and the Planning Division at City Hall, 1500 Warburton Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.

5. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 6
TH DAY OF MARCH 2024.

ATTEST: _________________________________________

REENA BRILLIOT

ACTING DIRECTOR OF COMMUNITY

DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Mitigation Monitoring and Reporting Program (“MMRP”)

2. Project Conditions of Approval
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 1 of 4 Rev. 11-22-17
RESOLUTION NO. _____

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA RECOMMENDING THAT

THE CITY COUNCIL APPROVE A GENERAL PLAN

AMENDMENT FROM HIGH INTENSITY OFFICE/ RESEARCH

AND DEVELOPMENT TO LIGHT INDUSTRIAL TO ALLOW THE
DATA CENTER PROJECT LOCATED AT 2805 BOWERS

AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development and is zoned Light Industrial (ML);
WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project requires a General Plan Amendment, a Use Permit, and Architectural Review by the City. The Owner simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023;
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 2 of 4 Rev. 11-22-17
WHEREAS, the General Plan designation of High Intensity Office/ Research and Development is intended for high-rise or campus-like developments or data centers that serve another primary use on the site, and a General Plan Amendment to Light Industrial is required to allow the construction of a standalone data center;
WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023 and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC certified the EIR and adopted the MMRP at a publicly noticed meeting on November 8, 2023;
WHEREAS, the Planning Commission accepted the EIR as a responsible agency and adopted the MMRP at a duly noticed public meeting on March 6, 2024; WHEREAS, Santa Clara City Charter Section 1007 requires that the Planning Commission provide input to the City Council on any proposed General Plan amendment; WHEREAS, Government Code Section 65353 requires the Planning Commission to hold a public hearing prior to making a recommendation on the General Plan Amendment; WHEREAS, on February 21, 2024, a notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, for the Planning Commission Hearing to be conducted on March 6, 2024; WHEREAS, on February 22, 2024, notices of the Planning Commission Hearing of March 6, 2024 were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 3 of 4 Rev. 11-22-17
schools/daycares located within the vicinity, including Bracher Elementary School, Wilcox High School, Eliana’s Daycare, and Little Starfish Bilingual Daycare; WHEREAS, before considering the General Plan Amendment for the Project Site, the Planning Commission reviewed and considered the information contained in the EIR prepared for the project;
WHEREAS, the Planning Commission has reviewed the General Plan Amendment; and, WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing to consider the Project during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the Planning Commission finds and determines that the General Plan Amendment is in the interest of the public good for the following reasons:

A. The proposed amendment is deemed to be in the public interest, in that the project is located in an urbanized area served by existing municipal services and invests in public services and infrastructure with on- and off-site improvements like, repairing the existing curb, and gutter and providing complete streets along the project frontage; B. The proposed General Plan amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected, in that the proposal utilizes and improves an underutilized property for use as a data center, strengthening the existing tax base;
C. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that as proposed, Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 4 of 4 Rev. 11-22-17
it includes all feasible mitigation to reduce the potential adverse environmental effects of the project to less-than-significant levels; and
D. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that an Environmental Impact Report has been prepared for the amendment has been certified and a Mitigation Monitoring and Reporting Program has been adopted.

3. That the Planning Commission hereby recommends that the City Council, pursuant to Government Code § 65353, amend the General Plan by changing the General Plan Land Use Designation from High Intensity Office/ Research and Development to Light Industrial to allow the construction of the standalone data center.

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 6

TH DAY OF MARCH
2024.

ATTEST: _________________________________________

REENA BRILLIOT

ACTING DIRECTOR OF COMMUNITY

DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference: None
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 1 of 4 Rev. 11-22-17
RESOLUTION NO. _____

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA APPROVING A USE

PERMIT TO ALLOW THE DATA CENTER PROJECT LOCATED
AT 2805 BOWERS AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development and is zoned Light Industrial (ML);
WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project requires a General Plan Amendment, a Use Permit, and Architectural Review by the City. The Owner has simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023;
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 2 of 4 Rev. 11-22-17
WHEREAS, pursuant to Santa Clara City Code (“SCCC”) Section 18.48.040, a Use Permit is required to allow a data center use in the ML zoning district, and pursuant to Section 18.60.050, a Use Permit is required to authorize backup generators for the data center; WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023 and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC certified the EIR and adopted the MMRP at a publicly noticed meeting on November 8, 2023;
WHEREAS, the Planning Commission accepted the EIR as a responsible agency and adopted the MMRP at a duly noticed public meeting on March 6, 2024; WHEREAS, pursuant to SCCC Section 18.110.040, the Planning Commission cannot grant a Use Permit without first making specific findings related to the effect of the project on health, safety, peace, comfort, and general welfare, based upon substantial evidence in the record; WHEREAS, on February 22, 2024, notices of the public meeting for the Planning Commission Hearing of March 6, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity, including Bracher Elementary School, Wilcox High School, Eliana’s Daycare, and Little Starfish Bilingual Daycare; and WHEREAS, on March 6, 2024, Planning Commission held a duly noticed public hearing to consider the Project during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 3 of 4 Rev. 11-22-17

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the Planning Commission hereby approves the Use Permit, contingent on the approval of a General Plan Amendment by the Council, to allow the construction of a new fourstory, 244,068 square foot data center with rooftop mechanical equipment, backup generators with a maximum peak capacity of 73 MW, a substation, and associated landscaping and site improvements, as depicted on Exhibit “Development Plans,” attached hereto and incorporated herein by this reference.

3. That based upon substantial evidence in the record of the hearing, including the facts stated in this resolution, the Planning Commission hereby finds that:

A. The establishment or operation of the use or building applied for, under the circumstances of the particular case, are essential or desirable to the public convenience or welfare in that the Project would utilize the currently underutilized site as a data center; which requires significant investment in on- and off-site property improvements including connectivity to adjacent properties.

Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 4 of 4 Rev. 11-22-17
3) The general welfare of the City, in that the Project maintains the industrial character of the property and integrity of the surrounding industrial sector as well as provides economic benefits to the City’s General Fund through increased property tax with the proposed improvements associated with the data center use.

C. That said use will not impair the integrity and character of the zoning district, in that the Project is compatible with existing and planned uses in the project area in terms of proposed use, intensity and scale of development, and building and site design.

D. That said use is in keeping with the purposes and intent of the Zoning Code, in that the project site is surrounded by industrial uses including the Silicon Valley Power (SVP) Uranium Substation and Vantage data center immediately south of the site and a data center use would not be objectionable or detrimental to the adjacent properties or surrounding industrial sector.

4. Effective date. This approval is contingent upon the approval of the General Plan Amendment (GPA) associated with this project by the City Council, and shall not go into effect until the Effective date of that GPA. In the event the Council does not approve the GPA or the GPA does not go into effect, this Resolution shall not take effect.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 6
TH DAY OF MARCH 2024.

ATTEST: _________________________________________

REENA BRILLIOT

ACTING DIRECTOR OF COMMUNITY

DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Project Conditions of Approval
2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
Project Data
File: PLN21-15069
Location: 2805 Bowers Avenue
Applicant/ Owner: Gerry De Young, HMH Engineers/ GI Partners CEQA Determination: Environmental Impact Report (California Energy Commission- Lead Agency) Existing Proposed
General Plan Designation High Intensity Office/ R&D Light Industrial Zoning District Light Industrial (ML) Light Industrial (ML) Lot Size 5.12 acres 5.20 acres
Land Use Office Data Center
Gross Floor Area 104,000 sq. ft. 2,170 sq. ft.

Residential Units 0 0
Private Open Space N/A N/A
Stories / Total Height Two-story Four stories at 87’6”
Parking Surface parking lot 62 Surface Parking
Flood Zone X X
Aerial Map
Project Site
2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024

Zoning Map – Light Industrial (ML)
General Plan DesignationHigh Intensity Office/ R&D
________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024

CONDITIONS OF APPROVAL

GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

B. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

BUILDING DIVISION
BD1. Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer. The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
a. Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:https://www.santaclaraca.gov/ourcity/departments-g-z/public-works/environmental-programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. No California construction code review is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
(19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.

BD5. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD6. Temporary Certificates of Occupancy will not be routinely issued, and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

BD7. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code. a. Chp. 15.36 – Energy Code for “all electric” provisions for new construction. b. Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

HOUSING & COMMUNITY SERVICES DIVISION
H1. In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the Affordable Housing Ordinance requirements which may be met through payment of an impact fee of $2.59 per square foot. The estimated fees are calculated as follow: 243,778 sq ft (proposed) – 100,487 sq ft (existing to be demolished) x $2.59 = $371,123.69. Applicant shall pay impact fees prior to the issuance of the occupancy certificate of the building. Please note all fees are based on the current Municipal Fee Schedule effective at the time the Project is approved.

PLANNING DIVISION
P1. Obtain required permits and inspections from the Building Official and comply with the conditions thereof.

If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

P2. Submit plans for final architectural review to the Architectural Committee and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, trash enclosure details, lighting and signage. Landscaping installation shall meet City water conservation criteria in a manner acceptable to the Director of Community Development.
________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
P3. Project shall provide at least 5’ wide sidewalk and at least 4’ wide landscaping strip along Bowers Avenue along the project site.

P4. A Landscape plan showing the tree protection plan and a replacement plan for review and approval by the City prior to any demolition, grading or other earthwork in the vicinity of the existing trees on the site.

Landscape plan to include type and size of proposed trees. Coordinate with the City Arborist for the type, location, installation and maintenance of large canopy street trees fronting the project site along the public right-of-way. Type and size of tree replacement on project site shall be at the direction of the City Arborist and require Planning Division review and approval. Installation of root barriers and super-soil may be required with the installation of trees where electric, water, and sewer utilities are in proximity.

P5. Project site landscaping shall be maintained in good condition throughout the life of the Project and no trees shall be removed without City review and approval. Trees permitted by the City for removal shall be replaced at a 2:1 ratio with 24-inch box specimen tree, or equal alternative as approved by the Director of Community Development.

P6. A complete landscape plan that includes, type, size and location of all plant species shall be required as part of architectural review of the project. Review and approval of the complete landscape plan, including water conservation calculations and irrigation plan shall be required prior to issuance of building permits.

Installation of landscaping is required prior to occupancy permits.

P7. Commercial, industrial, and multi-family residential buildings must have enclosures for solid waste and recycling containers. The size and shape of the enclosure(s) must be adequate to serve the estimated solid waste and recycling needs and size of the building(s) onsite, and should be designed and located on the property so as to allow ease of access by collection vehicles. As a general rule, the size of the enclosure(s) for the recycling containers should be similar to the size of the trash enclosure(s) provided onsite. Roofed enclosures with masonry walls and solid metal gates are the preferred design. Any required enclosure fencing (trash area, utility equipment, etc.) if not see-thru, shall have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures shall be locked.

P8. The noise levels from the proposed use shall be within the maximum permissible limits in Light Industrial (ML) zone per the City’s Noise Ordinance.

P9. Building design shall incorporate measures to avoid bird strike.

P10. The Final Storm Water Management Plan (SWMP) must be certified by a third-party consultant from SCVURPP’s current list of qualified consultants. Five copies of the approval letter from the certified thirdparty review (wet stamped and signed) must be submitted prior to the issuance of grading or building permit.

P11. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P12. Prior to the issuance final occupancy, the applicant shall enter into Operations and Maintenance (O&M) agreement with the City. The project operator is responsible for the operations and maintenance of the SWMP and storm water BMPs consistent with the O&M agreement throughout the life of the project.

P13. The Developer shall comply with the Mitigations Monitoring and Reporting Program that will be identified in the Walsh Bowers Data Center Environmental Impact Report and shall be incorporated in the Conditions of Approval for this project.

P14. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

FIRE
F1. Prior to building permit issuance, the lot line adjustment must be finalized.

F2. Prior to building permit application phased permitting/occupancy requests must be made.

F3. Prior to the start of construction, a Fire Safety during Construction and Demolition plan shall be submitted for review and approval.

F4. Prior to building permit issuance, fire apparatus access roadways shall be provided so that all parts of an exterior wall of the first story of the building are located more than 150 feet from a fire apparatus ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
access as measured by an approved route around the exterior of the building. Equipment located in the generator and equipment yard may have to be removed and/or relocated to facilitate the required access.

F5. Prior to tenant improvement permits being issued, the Core & Shell permit must be finaled.

F6. Prior to the start of construction, fire protection water supplies and fire department access roadways shall be permitted, installed, and made serviceable prior to the start of construction.

F7. Prior to the issuance of the building permit, a permit for the emergency vehicle apparatus access roadways is required. Fire Department Access roadways shall be recorded as an Emergency Vehicle Access Easement (EVAE) on the final map. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways.

F8. Prior to building permit issuance, documentation that the minimum required fire flow of 3000-GPM can be met. Construction documents for the fire protection infrastructure improvements, including but not limited to plans, hydraulic calculations, and materials data packages shall be submitted for review and approval. This requirement does not supersede any requirements made by other City Departments and/or Divisions.

F9. Prior to building permit issuance, construction documents for the fire protection infrastructure improvements, including but not limited to plans, hydraulic calculations, and materials data packages shall be submitted for review and approval. A minimum of six (6) fire hydrants with an average spacing of 250 feet around the perimeter of the building with no point greater than 150 feet. Given the requirements, a greater number of fire hydrants may be required.

F10. Prior to building permit issuance, overhead utility, and power lines easements shall be undergrounded or relocated so not to be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building or structure to avoid the possibility of injury and equipment damage from electrical hazards.

F11. Prior to building permit issuance, a tree plan will need to be submitted in order to verify at full development trees do not exceed 30’ in height and do not impair an aerials apparatus to sweep the sides of a building.

F12. Prior to building permit issuance, other obstructions such as site lighting poles, bio-retention, equipment, and architectural features will be reviewed for compliance.

F13. Prior to building permit issuance, projections such as signposts, mailboxes, planter walls, and vegetation will be reviewed for items placed near the edge of the fire lanes where they can obstruct or be struck by portions of an emergency vehicle.

F14. Prior to the issuance of the building permit, construction documents for the fire department apparatus access roads are required submitted to the Fire Prevention and Hazardous Materials Division. Access roadways shall be provided to comply with all of the following requirements:
a. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building and positioned parallel to three sides of the building.
b. Fire access roadways shall have a “minimum” unobstructed vertical clearance of not less than 13 feet 6 inches. Aerial apparatus access roads may require additional vertical clearance depending on the final design.
c. Fire access roadways shall be an all-weather surface designed to support the imposed load of fire apparatus with a gross vehicle weight of 75,000-pounds. d. Fire apparatus access roadways shall have a “minimum” inside turning radius of 36 feet or greater.
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Planning Commission Hearing January 31, 2024
e. Fire apparatus access roads shall be marked with permanent signage in accordance with the California Vehicle Code (CVC) “NO PARKING-FIRE LANE – CVC 22500.1”. In only specific circumstances, signage with “NO STOPPING-FIRE LANE – CVC 22500.1” may be used upon approval. Signs shall have a minimum dimension of 12 inches wide by 18 inches high and have red letters on a white reflective background. The word “NO” shall be presented in a reverse color arrangement in the upper left-hand corner. Signs shall be posted on one or both sides of the fire apparatus road as required.
f. All designated fire lanes with raised curbs shall be painted red. “NO PARKING – FIRE LANE” or “NO STOPPING – FIRE LANE” shall be in white paint, 6 inches in height with a minimum 1- inch stroke, except curb heights less than 6 inches may have reduced letter sizes for the vertical signage on the curb but shall not be less than 4 inches. Lettering shall be painted at an interval of every 25 feet.
g. Fire hydrants located on a public or private roadway shall have an unobstructed clearance of not less than 30 feet (15 feet on either side of the fire hydrant). Fire lane signage must comply with the California Vehicle Code and be installed per this standard. The curb in front of all fire hydrants located along roadways as reflected below shall be stripped, and/or provided signage with “NO STOPPING-FIRE LANE".
h. Divided double-gated entries shall have a clear width of 20 feet on both sides (e.g., entry and exit). The entries are required to be set back a minimum of 30 from the public roadway. i. Traffic calming devices are not permitted on any designated fire access roadway unless approved by the Fire Department.

F15. Prior to building permit issuance, design provisions shall be incorporated into the Building Permit set for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to rooms, shafts, and pathway survivability in accordance with the Fire Code, and Santa Clara Emergency Responder Radio Coverage System Standard shall be incorporated.

F16. Prior to building permit issuance, a separate fire department permit is required to be obtained for all gates installed on designated fire department access roads are required to electrically automatic powered gates. Gates shall be provided with an emergency battery power supplies or shall be a failsafe design, allowing the gate to be pushed open without the use of special knowledge or equipment.

Gates shall be equipped with a TOMAR Strobe Switch or 3M OPTICOM Detector to facilitate this override.

F17. Prior to issuance of a Building Permit, Steps 1 through 3 summarized below must be addressed during the planning phase of the project:
a. Step 1 – A Hazardous Materials Closure (HMCP) for the existing building is required: This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division. Hazardous materials closure plans are required for businesses that used, handled, or stored hazardous materials. While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence. The hazardous materials closure plan demonstrates that hazardous materials which were stored, dispensed, handled, or used in the facility/business are safely transported, disposed of, or reused in a manner that eliminates any threat to public health and the environment. b. Step 2 – Site Mitigation: Site mitigation is the cleanup or management of chemical contaminants in soil, soil vapor, or groundwater. The type and extent of contamination on site(s) govern which of the regulatory agencies noted below will supervise the cleanup. i. Department of Toxic Substances Control (DTSC)
ii. State Water Resources Control Board
________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
iii. Santa Clara County, Department of Environmental Health. c. Step 3 – Community Development, Building Division Demolition Application: For the majority of projects within the City of Santa Clara, Steps 1 and/or 2 described above need to be completed prior to proceeding to demolition application in order to avoid permit approval delays. The purpose of a demolition permit is to ensure that the parcel is clear of debris and other health hazard material (lead, asbestos, etc.) and that the utility connections have been plugged and sealed.

POLICE
PD1. A Coded Entry System is required for police access to enclosed parking lots and gated communities.

This can be accomplished with a coded key pad system or the Police Department Knox Box key system.

We understand security is a prime concern for the tenants of the project, which necessitates some sort of secure building and admittance process. By having either of these secure access systems for law enforcement, it will allow us to better respond to emergency situations should they arise in the development. Examples of these systems can be reviewed at the following projects:
2585 El Camino Real (Coded key pad access)
3555 Monroe Street (Knox box key access)
This is for the sliding entry gate into the private parking lot.

PD2. The developer shall meet the City of Santa Clara’s guidelines established for radio signal penetration, detailed in the Communications Department’s Public Safety Radio System Building Penetration Guidelines. The intended use of telecommunications sites shall be clearly and accurately stated in the use permit. The signal, of whatever nature, of any communications facility or system, shall in no way whatsoever interfere with or affect any police communication or police communication system.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Submit public improvement plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E4. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.
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Planning Commission Hearing January 31, 2024
E5. The sanitary sewer (SS) discharge information (i.e., building use, square footage, point of connection to the public system, and 24-hour average and peak SS flow graphs for the peak day, showing average daily and peak daily SS flows) submitted by the developer was added to the City’s Sanitary Sewer Hydraulic Model (SSHM) to determine if there is enough SS conveyance capacity in the SS trunk system to accommodate the proposed development. The SSHM output indicates that there should be enough SS conveyance capacity to accommodate the proposed development. The SSHM output may change based on pending development applications and future projects. The SSHM output does not guarantee or in any way reserve or hold SS conveyance capacity until developer has Final Approval for the project. For purposes of this condition, “Final Approval” shall mean the final vote of the City Council necessary for all entitlements to be approved, unless a legal challenge is brought to the Council decisions, in which case the Final Approval shall mean the final disposition of the legal challenge.

E6. Developer shall provide a complete storm drain study for the 10-year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

E7. All storm drain mains and laterals, sanitary sewer mains and laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk whichever is greater.

E8. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.

E9. Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right-of-way. Such plan shall include at a minimum, maintenance requirements for trees and shrubs, in acknowledgement of developer’s/property owner’s obligation under Chapter 12.30 and 17.15.

E10. Dedicate required on-site easements for any new public utilities, sidewalk, storm drain overland release, SVP substation, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development.

E11. File a Lot-Line-Adjustment application prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges with all required fees to combine or reconfigure the subject parcels and record the approved Lot-Line-Adjustment with the County Recorder, all to the satisfaction of the City Engineer. Lot-line-adjustment shall be recorded prior to building permit final inspections and certificate of occupancy.

E12. File a release of interest in the encroachment covenant for monument sign within the public right-of-way (Doc No. 13487907, SC17078), and pay appropriate fees.

E13. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction.

E14. Entire half-street width to the median of Bowers Avenue along the project frontage shall be treated with digouts and 2-inch grind and overlay with thermoplastic pavement striping and markings installed as required by the City.

E15. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction
E16. Landscaped improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

E17. Design and construct driveways in accordance with City Standard Detail ST-9. ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
E18. Modify the existing traffic signal at Bowers Avenue and Mead Avenue to upgrade existing pedestrian push buttons to APS.

E19. Upgrade curb ramp at southeast corner of Bowers Avenue and Mead Avenue intersection per Standard Detail ST-15 and ST-16.

E20. The project must comply with City VMT policy.

STREETS DIVISION
Landscape
L1. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.

L2. No cutting of any part of private trees, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).

L3. Identified existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City of Santa Clara prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.

Solid Waste
SW1. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information.

SW2. The applicant shall provide a site plan showing all proposed locations of solid waste containers, chutes, compactors, trash enclosures and trash staging areas. The site plan shall show the route or access for trash and recycling collectors (trucks) including vertical clearance, turning radius and street/alley widths. All plans shall comply with the City’s Solid Waste Guidelines.

SW3. For projects that involve construction, demolition or renovation of 5,000 square feet or more, the applicant shall comply with City Code Section 8.25.285 and recycle or divert at least sixty five percent (65%) of materials generated for discard by the project during demolition and construction activities. No building, demolition, or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. Applicant shall create a Waste Management Plan and submit, for approval, a Construction and Demolition Debris Recycling Report through the City’s online tracking tool at http://santaclara.wastetracking.com/.

SW4. Prior to obtaining a Temporary or Final Certificate of Occupancy, individual weight tickets for all materials generated for discard or reuse by the project during demolition and construction activities shall be uploaded to Green Halo and submitted for review and approval by Environmental Services. At a minimum two (2) weeks review time is required.

SW5. This project is subject to the City’s Accumulation, Transportation and Disposal of Solid Waste Ordinance (Chapter 8.25 of the Municipal Codes), which requires the handling and disposal of waste by authorized service haulers. Insert the General Notes for the Construction & Demolition (C&D) Waste Management into construction plans in accordance with the City’s municipal codes prior to the issuance of a Building or Grading permit. Provide the Green Halo waste online tracking number to Building staff prior to the issuance of a demolition or building permit.

SW6. Project applicant shall contact the Dept. of Public Works at (408) 615-3080 to verify if the property falls within the City’s exclusive franchise hauling area. If so, the applicant may be required to use the City’s exclusive franchise hauler and rate structure for solid waste services. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Acknowledgement portion of the Solid Waste Management Plan for New Development and Redevelopment form noting the service haulers used for this project.

SW7. Building must have enclosures for garbage and recycling containers. The size and shape of the enclosure(s) must be adequate to serve the estimated needs and size of the building(s) onsite and should be designed and located on the property to allow ease of access by collection vehicles. Roofed ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
enclosures with masonry walls and solid metal gates are the preferred design. Any required enclosure fencing (trash area, utility equipment, etc.) if not see-thru, shall have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures shall be locked outside of normal business hours.

SW8. All refuse from industrial properties within the city shall be collected at least once a week, unless otherwise approved in writing (SCCC 8.25.120). All project shall submit to the Public Works Department the preliminary refuse service level assessment for approval.

Stormwater
ST1. Stormwater treatment facilities shall be designed and installed to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, and the Special Project narratives/worksheet (as appropriate).

ST2. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter shall be submitted with the Plan.

ST3. For projects that disturb a land area of one acre or more, the applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board for coverage under the State Construction General Permit (Order No. 2009-0009-DWQ) prior to issuance of any building permit for grading or construction.

A copy of the NOI shall be submitted to the City Building Inspection Division, along with a stormwater pollution prevention plan (SWPPP). Active projects covered under the Construction General Permit will be inspected by the DPW Code Enforcement staff once per month during the wet season (October – April). The applicant shall prepare an Erosion and Sediment Control Plan.

ST4. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Building or Grading Permits. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans.

ST5. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.

ST6. During the construction phase, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. As-Built drawing shall be submitted to the Public Works Department. Include C.3 Stormwater Treatment Facilities Construction general notes on the improvement plans.

ST7. Any Permeable Pavement, Vaults, Interceptor Trees and Trash Full Capture Devices shall be inspected by a third-party reviewer and/or manufacturer representative for conformance with the details and specifications. If necessary, percolation test shall be performed to ensure proper installation. The number, location and species of the interceptor trees shall be confirmed during the construction.

ST8. Soils for bioretention facilities must meet the specifications accepted by the Water Board. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix.

ST9. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures in perpetuity. Applicants should contact Karin Hickey at (408) 615-3097 or [email protected] for assistance completing the Agreement. For more information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website at http://santaclaraca.gov/stormwater. For porous pavement and underground vault, inspection of these facilities is to be done annually.

ST10. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement. ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
ST11. Plans shall specify which site design measures are selected for the project and show the direction of flow from impervious surfaces to the selected site design measures. All measures shall meet the design criteria in the 2016 C.3. Stormwater Handbook, Appendix K: Standard Specifications for Lot-Scale Measures for Small Projects.

ST12. Developer shall purchase and install full trash capture devices for all storm drain inlets downstream of a trash staging area, which must be maintained by the property owner in perpetuity. Maintenance and inspection of full trash capture devices shall be addressed in the O&M Agreement.

ST13. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.

ST14. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.

ST15. Decorative and recreational water features such as fountains, pools, and ponds shall be designed and constructed to drain to the sanitary sewer system only.

ST16. The use of architectural copper is discouraged. If such material is used, all wastewater generated by the installation, cleaning, treating, or washing of the surface of copper architectural features, including copper roofs, shall not be discharged to the City’s storm drain system.

SILICON VALLEY POWER
SVP1. Per System Impact Study (SIS), Developer will not receive is 60KV service from SVP unless the following are competed (SVP shall have no obligation or liability to complete these projects):
a. A new 60KV loop will need to be constructed between SVP’s NRS and SRS stations as SVP’s existing 60kV center loop cannot accommodate Developer’s projected load. (Earliest completion is 2029/2030 which timeline may be delayed for any reason). b. Developer’s load ramp for project was studied in TPP 23/24 study period. The CAISO report was received by August 2023 for that load ramp; however, CAISO projects or work has not been identified for Developer’s project. Any additional work or projects which CAISO identifies must be completed prior to any obligation to provide 60KV service. \ The next available CAISO Reports is expected in March and August of 2024.
c. CAISO System Operating Limits (SOL) after new HVDC lines are energized is under further analysis and expected to be available by March 2024 from the CAISO. Any additional work identified from that analysis or any future CAISO analysis must be completed prior to any obligation to provide 60KV service.

SVP2. No 12KV services for interim power shall be provided to the Developer’s project unless the following projects are complete (The below dates are solely estimated completion dates). a. Upgrade breakers on Center Loop a KRS and SRS, and bypass Fiber Substation to increase loop capacity from 206MW to 310MW. (Earliest completion is 2025) b. SVP receiving stations upgraded (Earliest completion is 2027) & NRS-KRS 115KV line (Earliest completion is 2027)
c. CAISO’s HVDC Line completion (2028)
d. Interim services/new loads that will impact transmission system will not be allowed before CAISO’s HVDC comes into service. (2028 being the earliest).

SVP3. Provide cross section of frontage for Bowers Avenue as part of SVP developers work drawing. New trees must be 5’ clear of SVP primary conduits.

SVP4. Verification of SVP trenches & conduits should be done prior to construction due to the number of SVP trenches and conduits within this area.

SVP5. There is a significant amount of relocation work that will be needed to re-route SVP distribution feeders which will be actual cost items for material & labor.

SVP6. 5’ Deep Root barriers for any new trees planted will be required to protect SVP Conduits & Primary Boxes
SVP7. 60KV Control Building Requirements
i. Battery Room needs to be 10' Long, with access to the control room. ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
ii. IT Communication room required to be 10' long with access door to outside, and no access to battery or control room.
iii. Storage Room needs to be 8' long with access from outside only. iv. Control room needs to be 30' long
v. Total length of control room will be 58' long by minimum of 15' 6" wide. vi. Foundation needs to be extend 1 foot outside perimeter of control room. vii. Stairs need to be metal fabricated per SVP spec.
viii. SVP to design control room.

SVP8. Applicant Design Process (ADP) available to Developer to expedite electric substructure design. Reach out to SVP Key Customer Representatives to initiate ADP process after being deemed complete from PCC. (informational comment)
SVP9. Applicant Design Process for design and construction of dedicated customer electric substation required to serve Customer’s load. Any of the requirements below or elsewhere within these SVP conditions of approval shall be consistent with a City-approved Substation Agreement. a. Single parcel with electric demand greater than 13.5 MW are required to take service at 60kV. b. These conditions of approval do not commit the City to (1) serve Developer’s electric load or (2) allocate any capacity to Developer.
c. Customer shall design (with exception of City-owned control building), procure, and construct Substation Facilities, to provide 60kV service to the Customer Premises, at its own financial risk, per SVP’s standards and requirements.
d. SVP shall own, operate and maintain all City-owned Substation Facilities and Transmission Facilities, SVP control building and all equipment therein. e. Customer shall obtain all land use entitlements, and provide any property rights, including easements, to the City, necessary to construct, complete, and maintain the Substation Facilities. f. Customer is responsible for all costs of electric transmission facility extensions to service Substation Facility.
g. Developer’s project shall be subject to an System Impact Study (SIS) to be performed by SVP for the purpose assessing requirements of interconnect. Requirements will consider the following; i. System capacity of SVP’s electric transmission system to serve customer load. ii. System capacity of PG&E’s electric transmission system to serve customer load.

1. This is determined by studies performed by the California Independent System Operator (CAISO) in its yearly Transmission Planning Process (TPP).

2. Any mitigation measures identified, and/or construction schedules required by PG&E to serve customer load ramp will be communicated by SVP to the customer. Any PG&E identified mitigations and/or construction schedules are not controlled by SVP nor is SVP responsible for any delays caused by these project schedules.
iii. Determine when to include customer load ramp in SVP’s load forecast to the California Energy Commission (CEC).
iv. Determine when customer will be allowed to energize facilities, and allowed ramp schedule.
v. Customer must enter into a Funding Agreement for SVP to perform the System Impact Study (SIS).
h. Developer shall pay enter into a Deposit Agreement in such form as required by SVP. This Deposit Agreement is for the purpose of enabling the Developer to work with SVP Engineering Division personnel to create a functional Substation and Transmission Line extension. The Deposit Agreement allows for design work only, and is not in any way an endorsement of the project receiving entitlements from the City.
i. SVP requires Developer to execute a Substation Agreement upon the Applicant (1) receiving full entitlements from the City, including but not limited to a completed CEQA; (2) CAISO approval of projects required to serve Developer’s project load; and (3) City Council adopted projects required to serve Developer’s project load. This Substation Agreement shall have such terms and conditions ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
as SVP may require and shall set forth Developer’s obligations with respect to supplying Customer with initial interim electric power and then with permanent capacity and transmission infrastructure for the Premises, including, without limitation, Developer’s payment of any applicable fees, costs, and expenses associated with Developer’s project
j. Developer shall submit a generator interconnection application.

SVP10. Project is subject to SVP current substation design and construction standards. Substation designers of previous SVP substations should not rely on previous designs and related requirements as being the standards and designs utilized on this project.

SVP11. Clearances:
a. EQUIPMENT
i. Ten (10) foot minimum clearance is required in front of equipment access doors. (UG1000 sheet 11)
ii. Five (5) foot minimum clearance from pad is required on sides without equipment access doors. (UG1000 sheet 11)
iii. Eighteen (18) foot minimum width, shall be provided and maintained on one side of the equipment pad to allow an electric dept. line truck to drive up next to the pad for installation and maintenance of equipment. (UG1000 Sheet 11). iv. Barrier pipes are required only on sides accessible to vehicles. (UG1000 Sheet 12).

1. Thirty (30) inches from side of equipment sides.

2. Forty Eight (48) inches in front of access doors.
a. Barrier Pipes in front of access doors shall be removable. b. CONDUITS
i. Five (5) foot minimum longitudinal clearance between new conduits or piping systems (open trench installation) and any existing or proposed SVP conduit system. This is for longitudinal. (UG1250 sheet 5)
ii. Twelve (12) inch minimum vertical clearance between new conduit/pipes installed perpendicular to existing SVP conduits for open trench installations. (UG1000 sheet 36, UG1250 Sheet 6)
iii. Three (3) foot six (6) inches clearance is required from poles for open trench installation.

Exceptions are for riser conduit. (UG1250 Sheet 7)
iv. Three (3) foot minimum clearance is required between sign posts, barrier pipes or bollards, fence posts, and other similar structures. ( UG1250 sheet 10). v. Five (5) foot minimum from new splice boxes, pull boxes, manholes, vaults, or similar subsurface facilities. (UG1000 sheet 8)
vi. Five (5) foot minimum clearance from walls, footings, retaining wall, landscape planter, tree root barrier or other subsurface wall or structure. (UG1250 sheet 9). vii. Five (5) foot minimum clearance is required between fire hydrant thrust block. The thrust block extends 5’ foot on either side of the fire hydrant in line with the radial water pipe connected to the hydrant.
c. VAULTS/MANHOLES
i. Ten (10) foot minimum clearance is required between adjacent Vaults or Manholes. ii. Five (5) foot minimum clearance is required between adjacent conduits. iii. Minimum 36” from face of curb, or bollards required. d. Poles (Electrolier, Guy Stub poles, service clearance poles, self-supporting steel poles and lighting poles.)
i. Three (3) foot six (6) inches clearance is required from poles for open trench installation.

Exceptions are for riser conduit. (UG1250 Sheet 7)
e. Guy Anchors
i. Five (5) foot minimum clearance is required between center of anchor line and any excavation area. (UG1250 sheet 15).
f. Trees
i. OH 1230 for Overhead Lines
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Planning Commission Hearing January 31, 2024
ii. SD 1235 for Tree Planting Requirements near UG Electric Facilities SVP12. Reference listed SVP standards for clearances.
a. Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities c. UG0339 – Remote Switch Pad
d. OH1230 – Tree Clearances From Overhead Electric Lines e. SD1235 – Tree Planting Requirements Near Underground Electric Facilities SVP13. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits.

SVP14. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

SVP15. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

SVP16. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

SVP17. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Standard MS-G7, Rev. 2.

SVP18. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter

17.15.110).

SVP19. If the “legal description” (not “marketing description”) of the units is condominium or apartment, then all electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. If they are townhomes or single-family residences, then each unit shall have it’s own meter, located on the structure. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided. Utility room door(s) shall not be alarmed.

SVP20. If transformer pads are required, City Electric Department requires an area of 17’ x 16’-2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk. Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

SVP21. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

SVP22. Any relocation of existing electric facilities shall be at Developer’s expense.

SVP23. Electric Load Increase fees may be applicable.

SVP24. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property.

Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at his cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)). ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
SVP25. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Title 17 Appendix A (Table III)).

SVP26. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-TransitionMode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

SVP27. Encroachment permits will not be signed off by Silicon Valley Power until Developers Work substructure construction drawing has been completed.

SVP28. All SVP-owned equipment is to be covered by an Underground Electric Easement (U.G.E.E.) This is different than a PUE. Only publicly-owned dry utilities can be in a UGEE. Other facilities can be in a joint trench configuration with SVP, separated by a 1’ clearance, providing that they are constructed simultaneously with SVP facilities. See UG 1000 for details.

SVP29. Proper clearance must be maintained from all SVP facilities, including a 5’ clearance from the outer wall of all conduits. This is in addition to any UGEE specified for the facilities. Contact SVP before making assumptions on any clearances for electric facilities.

SVP30. Transformers and Switch devices can only be located outdoors. These devices MAY be placed 5’ from an outside building wall, provided that the building wall in that area meets specific requirements. (See UG 1000 document for specifics) EXAMPLE: If there are any doors, windows, vents, overhangs or other wall openings within 5’ of the transformer, on either side, then the transformer MUST be 10’ or more away from the building. These clearances are to be assumed to be clear horizontally 5’ in either direction and vertically to the sky.

SVP31. All existing SVP facilities, onsite or offsite, are to remain unless specifically addressed by SVP personnel by separate document. It is the Developers responsibility to maintain all clearances from equipment and easements. Developer to contact SVP outside of the PCC process for clear definitions of these clearance requirements. Developer should not assume that SVP will be removing any existing facilities without detailed design drawings from SVP indicating potential removals. Simply indicating that SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP.

SVP32. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP33. All interior meter rooms at ground level are to have direct, outside access through only ONE door.

Interior electric rooms must be enclosed in a dedicated electric room and cannot be in an open warehouse or office space.

SVP34. In the case of podium-style construction, all SVP facilities and conduit systems must be located on solid ground (aka “real dirt”), and cannot be supported on parking garage ceilings or placed on top of structures.

SVP35. Applicant shall contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal. Please provide a site plan to Leonard Buttitta at 408-615-6620 to facilitate plan review.

WATER & SEWER
W1. Development Impact Analysis: A Development Impact Analysis request has been submitted for the project and the impacts are currently being analyzed. If there is a deficiency in the existing potable water distribution or storage infrastructure, the developer will be required to upgrade the potable water system as determined and approved by the City. The required potable water system upgrades will be at developer's expense. The evaluation may change based on pending ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
development applications and future projects. The potable water hydraulic analysis does not guarantee or in any way reserves or holds distribution capacity until developer has Final Approval for the project.

W2. Recycled Water Use: Pursuant to Chapter 13.15, Water, Article IV. Regulation of Recycled Water Service and Use, of the Municipal Code, the project is required to use recycled water for all non-potable uses where recycled water is made available and where provided for by Recycled Water regulations.

This project is required to extend and connect to the City’s existing Recycled Water System.

W3. Potable Water Redundancy: For all onsite industrial water use that requires uninterrupted service, the project shall provide a potable water back-up supply source that complies with all recycled water separation requirements.

W4. Recycled Water Design: Each Recycled Water land use (irrigation, dual-plumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant shall verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W5. On-site Recycled Water Construction: Construction and installation of all on-site recycled water system equipment shall not begin until the Compliance Division of Water and Sewer Utilities has approved the on-site recycled water design. Please note on-site designs are generally not the same as the Building Permit plans. On-site recycled water plans require SBWR and California State Water Resources Control Board, Division of Drinking Water signatures for final approval.

W6. On-site Recycled Water Inspection: Inspections are required at all on-site recycled water systems being installed prior to backfilling trenches or cover in walls and ceilings. Request a recycled water inspection by email [email protected] or call (408) 615-2002. Please provide the site location, SBWR project ID, and date and time preferences. These inspections are in addition to the Building Permit inspections.
a. Need to verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W7. Recycled Water Main: The project shall install a new 8" DIP recycled water main extending from the point of connection on Walsh Avenue near the intersection of Northwestern Parkway to the project site and provide RW services to the site.

W8. Potable Water Main: The applicant shall upgrade the existing 12" AC water main along Bowers with a new 12" DIP pipe water main. The water main upgrade shall extend the entire length of the property's frontage.

W9. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W10. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details.

Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.

W11. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W12. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W13. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W14. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W15. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W16. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W17. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.

W18. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.

W19. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.

A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.

W20. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure ________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024
prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W21. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.

Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

This project is subject to all the requirements and restrictions of the Water Shortage Response Actions in place or adopted during the duration of the project. For more information, visit the City of Santa Clara Water & Sewer Utilities website at www.santaclaraca.gov/waterconservation. 1 3 0 E a s t R a n d o l p h , S u i t e 3 1 0 0 , C h i c a g o I L 6 0 6 0 1 3 1 2 . 6 3 3 . 2 9 0 0 s n h - a . c o m July 02, 2021
Sonia Navas, Program Manager
Sheehan Nagle Hartray Architects
130 East Randolph Street, Suite 3100
Chicago, Illinois 60601
Re: 2805 Bowers Avenue Proposed Project – Issue for PCC Review Dear Planning Clearance Committee,
The project located at 2805 Bowers Avenue is one (4) story building totaling 244,068 square feet being built in two phases. The proposed site encompasses approximately 5.12 acres. The property is zoned ML-Light Industrial zoning. Currently existing on the site, is an approximately 55,000 square foot two-story office building and associated paved surface parking and loading dock. The existing building construction consists of concrete and stucco. The building facade consists of mission style stucco archways with sloping tile roof. The proposed project would demolish the existing two-story office building.

The main entrance to the BDC building will be located on Bowers Avenue near the intersection at Mead Street on the western portion of the property, with a secondary entrance also on Bowers Avenue near the northwest corner of the site. The property is irregularly shaped and is bound to the north by an existing onestory office building, to the east by a material testing laboratory and a one-story office building to the South by an existing Silicon Valley Power (SVP) substation (Uranium Substation) and the west by Bowers Avenue. The closest residential uses are to the southwest across the existing Union Pacific CalTrain railroad right-of-way.

In addition to the enclosed drawing set and report, the following narrative summarizes key project d esign elements.

Narrative summary of key design elements:

Reduction of the sound levels has been a critical aspect in the design development of this project. The mechanical plants consists of (42) air-cooled chillers with NoiseBlock stacks on top of a building dunnage platform. Each chiller has a self-supported acoustic “chimney” above the condenser fans, to funnel noise up and away from nearby properties. The chimney is also made up of an absorptive material to decrease the overall energy of the sound produced by the chiller condenser fans. Each chiller is equipped with adiabatic pads for ambient dry bulb suppression during peak temperatures of 80°F DB and above.

In analyzing the sound levels, Air-cooled chillers w/ Noiseblock stacks had the best acoustical performance. In addition to the base mechanical system several different acoustical measures are being incorporated to further reduce the sound as follows:
a. Roof layout was optimized in regard to the dry cooler/chiller orientation for acoustical performance.
b. Air-cooled chillers fitted with noise mitigation packages provided as a factory option. c. Acoustical louver extending to top of chiller fans attached to dunnage platform traveling the full length of the south side of the platform and continuing halfway up the east and west sides of the platform.
2 d. 8-foot-high solid sound barrier wall along the northwest property line measuring 60 feet in length
Other site measures have been added to the project to address acoustical concerns beyond just the mechanical system as follows, all of which are designed to provide a project with the highest possible sound attenuation:
a. The backup generators have been moved to the back of the project (between light industrial properties) to allow the building to create an acoustical block to the surrounding neighbors. b. Back-up generators housed in acoustically enhanced enclosures to reduce noise. c. Louvers extending to the top of chiller fans attached to the dunnage platform traveling the full length of the north side of the platform and continuing halfway down the east and west sides of the platform.
d. 15-foot-high sound wall was installed around the substation.

The combination of these different elements will achieve a sound reduction of approximately 10% when compared to code required maximum nighttime level at the nearest residence of 50 dBA. We are continuing to refine these measures with our suppliers and manufactures to further reduce the acoustical properties.
• The project would provide a total of 62 parking spaces on site including 2 accessible and 1 van accessible parking space. Of the 62 on-site parking spaces, 4 spaces will contain EV charging stations and 6 spaces will be reserved for Clean Air vehicles.
• The data center building will be approximately 87.5 feet in height to the top of parapet. The mechanical equipment screen on the roof of the building will extend to a height of 103.333 feet from the top of the ground floor slab. The building will be located in the center of the site and will be set back at a minimum of 58 feet from the side yard to the north (Walsh Avenue), a minimum of 108 feet from the side yard to the west (to the lot line at the public way), a minimum of 142 feet from the side yard to the east (adjacent to a non-residential zone), and a minimum of 162 feet from the side yard to the south (adjacent to a non-residential zone).

Sincerely,
Sonia Navas
Program Manager
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2805 WALSH BOWERS
2805 BOWERS AVE

ISSUED FOR PCC
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SCOPE OF WORK NEW PROJECT CONSISTING OF 12 DATA HALLS, MECHANICAL PENTHOUSE,

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THE SITE IS CURRENTLY DEVELOPED WITH AN APPROXIMATELY 100,487

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THE SCOPE OF WORK WITHIN THESE DOCUMENTS CONSISTS OF

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TYPE OF FIRE SPRINKLERS SYSTEM PROVIDED:

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LEGENO
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l)j MISSION

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--- 111:AU V

SHEEHAN NAGLE HAATAAY ARCHITECTS
MECIWl1Cf,i.E'4Gl!EERIPLU!IBL'«lENGINEER
D ROSENDIN C"~ ELECTRIC
--
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BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

UTILITY PLAN
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BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

STORMWATER

CONTROL PLAN
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D
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OPERATION ANO MAINTENANCE
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$ "'""""""""'" 22340Dreeclenstn,at.Sulls 177
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BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

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SHEEHAN NAGLE HAATAAY ARCHITECTS
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2805 BOWERS AVE

ISSUED FOR PCC REVIEW

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EXTENSION
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PLANTING NOTES
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ASOLw.NAGEIIENTREPORTSHAU.BEPROVIDEDBYLNIDSCAPECCNTRACTORNIDSOlNENDIIENTSSHALLBEFOLLOWEOPERTl-£REPOP:r. PHYSD.l.ca>IESOFT1'£ SOI. NNW:lENEJfTREPORTSHALL8E?Rt'.MlEllTOT1-£Q.IEJfT,PAO.ECTLNIDSCAPE.-.RafTECTA.'()LOCAI.MlENCYASREIJ..IREO.ll-ESOILWNIIGEMEHTIIEPORTSIW.LCOM'ORMTOSTAl'l =~=~~~~~CIUNNU('l'IELO)ORLOCAI.AGENCY,1£1()PTEDML0 CONTRACITORSIWJ.OOTAINASCII.SMANAGEl,IENTREPOR'IAl'TIRGIOONO Ol'EJIATIONS == ... ~~~~~~~~=.moPRICRTO~OON.CCNIRt(;TQRSHAU.~IS!iTOTI-EOIINElfS :~~~OOHSYSTEll,INCUJOIHGHYOROSTATlC,COVER,O,GE,A.'()0PERAT10tW.TESTSNIOTIEBM:KFUINGN¥JCOllf',cJlCINOfTRENOIESSH#UBE PERFOIIMED~ TREESSHAU.BEPU.HIEDrlOQ.OSERTH,VrjTENFEET[tO')FRCNIJTlJTIES.

TREESPLNITEO'MTlilNFIIIEFEET(5')0FIWOSCN'EORSTRl.lCTURESSHALL8ENST#UEOWliHAROOTBARA'.ERASm'ROVE08'1ll-Eow..ER'SAUTHORIZEOREPRESENTATM CONTR/ICTORMOSTCOHTAC'TTI-EOOYNl80111STTOvmFYSPECES(E'<91 1FSll()'M,j0NfHEPLMS),LOCATIONS,ANOOUNmTIESOF ALL STREETTREESPRICRTOORlERlNGW.Tt.-.

F STREETTREESNIE.TOBEPLNITEOtlTREE't\EU.S,FINAI.LOCATlCINOFTREEl'IEU.SSIIAI.Ll!EOETERllt£0BYTHENI.IIORISTPRIORTO~STALJ.AOONOFSllEW.II..K. #UPI.NfTIIGNIEASTORECEM:'.rTHCKBAAKlll.l~lAYER.CONTRACTORSIW.l.PACMOESI\IIPLEOFPROPOSEOIINIKMU.CHFORN"Pf/CV~BAAl(lll.lCHSHM.l.l!E LY~sw..l FRBAAK{314"T01,IQ")ORN'PROVEDEIJJAI,.
#USTORIIWATERTREAT1£NTNl£ASTOllECBVE3'0FCOI.FOSIED, NCIN-FLCl,I.TMLElll.lCH #UP1.NfTMATEiU'iLSHM.l.l!ESELECTEDINACCOROANCE"'1TH1HEMIE~STANDAROFORMl.RSERYSTOCl(v,,ISIZ80.1) ~~==:..~R= .. t_~i:!~:in!~~L~~~;:=~~~n:~:_:~~=s~~':Stw.J.ae

PROPOSED PLANT PALETTE
TREES
0 G
®
$
0 SHRUBS

GROUNDCOVERS
0 BIOTREATMENT
0 ~ LPI.NfrnGN!£ASTORECEIIIE3"1111CKlAYERMRKIILI.~ 2. INWJOE3'0FCONPOSTE0,'4QN.fLO,l,T"81.EMll.CHINSTCIANW,\TEATREATMENTl'I.NmHGS ~

COHTAINERSIZE
GI PARTNERS GIP•......,
IM'llleE~. S...100
S...F,.....,._,CA!M105
omc.,. ,s.eaa.4900
ijj MISSION

CRITICAL
---flO,LT'f

SHEEHAN NAGLE HARTRAY ARCHITECTS
$ ..............
223'10~._s.... ,n ~.VA20111111
Ollu. J'03.UUS70
5oothlond Fu. J'03.U4.5572
D RosENDIN C'::::> ELECTR IC
CM.E~NEEII ILNICISCAPf:NIC!fTECt
+IM l-f2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

PLANT PALETTE

AND NOTES
l2
o ,,,, ,.,,. ...... , ......... ,.,,,..,,m
4 STORY DATA CENTER BUILDING

BOWERS AVENUE
------------
GIW'HICSCAL.E
LJ...J (lnFeet)
1nd1 =20feet
THISPRO.ECTISP,Rl"OFTIIESOUT1i8,\YWATERRECYQ.l!IG
PRCXWN.RECI.Ai!IEDWATERWU.BEUSEDFORIRRJGlillCWt
:::sWU.BEDESIGNEOIN.oGCOROA,'CE'MTH

HYDROZONE LEGEND
~LOWWATERUSE - 111111111 IEDUIWATERUSE
~ BIOTREATIENTWA·LOWWATERIJSE
.,..

1. ,11..LH'r1lROZONES'MU.llr.LIZECRl'IRRJGATION'MTH

81.81l.ERSONTREES.

GI PARTNERS
ijj MISSION

CRITICAL
---ttU.LT'f

SHEEHAN NAGLE HARTRAY ARCHITECTS
ShotilM N>giflllrh)o- JOW.U-. WIIIOO
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D RosENDIN c~ ELECTRIC
CM..Er,,GINEEll ilNIOSCN"ENIClfflCt
+IM l-1-j
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

HYDROZONE PLAN
l3

HYDROZONE NOTES
MGATlONIESIGNCRr.'ERlk

1. AMI.DESIONSH,tUCQNFORl,ITO.t,1119810RCITYI\OOPTEDWi\TEREFflCErlll.NIOSCN'EORlllWICE

2. ALLl'I.ANTl«lARWSHO'o\N'MU.BECOMNCJI..YMAlr!TAINEDBYTIEOYl'NERNID~TEDBYNINJTCIMATICIRRJGATIONSVSTElol 3, =~~:t~~=~~D~===e:.i~~ lNSlH.l..ATIONRllHYOROSEEONO, ~~ 4.AI.LIREE,SIIRUB,NID~lftNJ'MU.BEfflGATBlBYAPmiWIEr!T,N.ITC:MATIC,UNIIERGROUNDIRRJGI.TKlNSYSTEM.Tllll, SIIRU8,NIOGRCUllCOVER/ftNJSHAI.L6EONSEP,W..TEVH.VESACCCRINGTOPLNITWATERREOUFIEMENTSNllEXl'O&'RE ~: ~=:t===~fSi:r.~~~=~YNN~EFOOENCY.

7.1. LOCATIONSNllSIZESOFWATERPONTSOFCON~ECllON

7.2. LOCATION, TYPE,,1,1«,SIZEOFAILCOMPONOOSOFTHEIAAIGATIONSYSTEM, INWlllNGNJTOIU.TICCCfflROU.ERS, W,/H l,HllLJ.lERAI.

7.3. ~~V~m=.::A~iw:~~NIDQUO(COUPIEP.S.

7.-4. FLOWRATE(GAI.LONSPERMNUTE),REMOTECONIA:;)I.VAl.'o£SIZE,NiDDESIGNOPERATINGPRESSI.R:(PSl)FCR~HSTATKli'I t . CH!'~ \HEWl!II\KlA'llOHW~'TERMETrnrollEl!t'3TAUfll"5P1fflOFW4'ilSCAPE~.lOCAT!OHro!l£0E'TEN.l!HEO 9, TlflSPROJECTIS PAATOfTllESOIJTHB,1,YWA'TERRECYCLtlGPROGRN,1, REct>JMEOWATER~LLBE llSED FORIRRIGATlON. FtRIGATlON SYSTEM~llBEOESlGNEO INACCORDAIICE~TM LOCALHEAI.TMCOOES Referanc• Evapotran11>lradontET0t
ETAf•RH l<lendal(.55)orCommuclal(.-45)
~ond1-• Aru(1 q, tfAFxAroo b tlraCod
11,1 T--•
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"
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£TW(l(AnnuolGolkmoRoqu;r d) ■ 0:, 0.,S2,ETN' ......_
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•11AWA/Annuo/Gollono AJ/o_,,/•/El!o) ( Q.62)//ETN'• LAJ•// l•ETN')xSl.,'JJ ,..,..00.6.l - ao:,,,,,,.""" f>CIC<tnato:m,,.lloc.-......,,,_,,..oc,•,,.., .. 10~,,..-•1ootfl<0"1•.LAiotnt1«>1-•.,.., _. feot.SI.AioNo:(Ol•--~• .. "•-•fMl...., ET"r;,, .,,str.,,, _ _._...,0_•~ 1,,..,.,,..,..-.....

ETAfCalwlation•
E[f:.:i:r~:i~i~~=~a=:~~~~ Regul arl.andscapeAre"5

TOQI ET
GI PARTNERS GIP......,
IH Th•E-.:.oa,o, 5'11111100
S... Franclt<:o. CAIM105
OMc.: <1 1&.HS.4800
ijj MISSION

CRITICAL
---ttlALT'f

SHEEHAN NAGLE HARTRAY ARCHITECTS
=:~::-
g,bpo l lOIOJ
$ ,._ ....... 22).t(l~S.,-.S....171
DulH, VA201611
Olli<a70H3US70 Southland F ... 703'34.5672
D RosENDIN c~ ELECTRIC
CM..Er,,GINEEll ilNIOSCAl"ENIClfflCt
+ IM I -I--
2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

HYDROZONE NOTES AND WATER

EFFICIENT LANDSCAPE

WORKSHEET
l4
'
. '
'' ' : • \i • i \. {;:,/ \, [},J/
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BOWERS AVE

GRAPHICSCALE
LY
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I
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/
,
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EXISTING TREE SUMMARY
T01ALTREES IN POORl£AI.TliTOBERE~
TOlALTREESTOBEREMOVECl'Mr.K.'ITED +47
TOTM.80SfflGTREESONSITE 61

ON-SITE TREE MITIGATION TABLE
PROTECTEDlREESTOBE <13 2:1-36"90)(0R 1111
REMOVED -la"aoJl
~~lOBE 48 ~CUNlTm' 91

TREE MITIGATION SUMMARY TABLE

TOTALTREESRECUREDTONEET
Mr:lGATATIONREQOIREt.ENTS
TOTH.PROPOSEDTREES (rtOTtcll.ONGSTREElTREES)
/--- -,,
{ • J , ... __ ./
.,.,.

1. l'I.OOESEESHEETl.8FORHlOOlONALIN~TION
REIATB>TOPROTECTB>IREESREMO",el.

GI PARTNERS GIP......,
IHTh•E~.S..OC.100
S...F,anclt<:o. CAIM105
OMc.: <1 1&.ele.4800
ijj MISSION

CRITICAL
---ttU.LT'f

SHEEHAN NAGLE HARTRAY ARCHITECTS
=:~::-
g,bpollOIOJ
$ ,._ ....... 22).t(IO.-S.,-.S....171
DulH,VA201611
Olli<a70H3US70 Southland F.._ 703'34.5672
D RosENDIN c~ ELECTRIC
ROMl>dinEklclrlc
&eO t,,;ryR.,..i
SanJoH, CA951Jl
Offi<A:10a2ff2!IOO
CM..Er,,GINEEll llNIOSC.lffNIClfflCt
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2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

TREE PROTECTION, MITIGATION,

AND REMOVAL PLAN
L5
-· ---____ --, -. .. -.--- 2 _____ , ...
13 __ ,,_, __ ...
l,NOCUTTINGOFANYPARTOFCITYTREF.S,INClUDINGROOTS,SHALLRE llONEWITllOUTSOCURL"oJGAl'l'ROV ... LANOOUUiCTSUPERVISIONt'ROM THECrrT ARIIORISTORARIJO!USTEMPLOHDBYCITY(.ooll-o\1~-3080)

2. NOCUTTlNGOFANYPARTOFPR!VATETREES,INCLUDINGROOTs,Sl!ALL REDONl:WITHOUTDIRl:CTSUPF.RVISIONOF ANl~"TERNATIONALSOCJ!;"TY OFARBOlllCULTURE(I.S.A.)CERTIF1El>AII.OORJST.

J. WHESCONSTRUCTIONOCCUR5WITTIINTHEDRIPLINEOFEXISTING
TREES. OONTRACTORS!IAI.LP!l.ETI!ESOllONTI!ESlDEAWAYFllOMT!IE ~r!~~{1fl~~r~rt~t![~iE:1ar~~!?~ 6

4. REFIL.LOPENTRENCJIESQ(JICKLYWffillNIIOURSOFE.xCAVATIONWl!EN Tl!EVOCCURWITTIINTl!EDRIPllNF.OFEXISTINGTREF.S, IFTIIISISNOT POSSl!IL.EAN l>TIIEWllA11l£RISHOT,l>RY. 0RWJNl>Y,CONTRACTOR MUST K.EEPROOT ENDS MOIST BY COVERING THEM WITH WETBURl.'.P, If Tl!ETEMPERATUREISl!O'FORGREATER.TI!EBURJ.APMUSTBE
INSPE.CT'ED EVERY HOOR AND RE-WET AS Nf,CESSARY TO MAINT AJN ...

CONSTANTCOOLMOISTCONDITTON, IFTUETEMP~RATURE IS RF.LOW W', THEl!URLAPMUST/IElNSPOCTEOEVERYf'OORFtOURSANDRE-WH"S
NECESSARYTOMAINTAlN ... CONSTANTCOOLMO!ST CONl>ITION. SMALL ROOTSCANDRYOUT ANDDIEIN 10-l~MINlITES. IARGERROOTSCAN
SUCCUWINAN110URORLESSUNDERUNFAVORA8LEWEATI!ER
CONDITl)NS
l. ~~T~~~J~~~~:?i;~~~~•~1!~\~~:~~~~6~g
PllUNINGTOOL ROOTS TIIATAREACCIDENrAL!.YBROKENSJIOULDIJE PRUNEDT\\'OINCHESFllOMTI!EDAMAGEDEND.CRUSHEDORTORN
ROOTSAIUiMORE LIKELY TO Al.I.OW J>F.CAYTO FIF.GIN. Sf!AIIJ'LYCUT ROOTS PRODUCE ... FLUSH OF NEW ROOTS HELPING nm TRE£ TO RECOVERFllOMITSIN!URY.

6. COt-.'TllACTORSHALLNOTlFYTI!ECITYAROORISTORAR80RIST
EMPLOl'f.l> BY CITY n llOURS IN ADVANCE OF ANY WORK Rf.QUIRING l>KlGIN<JAROUNDORWITllll'/THEDRrPLINEOFIDUSTINGTRH.S

7. "CU'.ARSYSTEMOFFIAGGINGMUSTBEPROVIDEDAROUNDTREES
wmrlNlO'OFTI!EPROl'OSEDGRADISG. CONTRACTORSl!AlLSECURE

APPROVALOFSUCHSYSTEMFROMTHECITYARIIORJSTORAROORJST
EMPLOl'f.D8YCITY
I. MAT'tRIAI.S.EOUIPM~NT.nMPORARY!IUILDINGS,rnELS.rAtNTSANl> ITTHEROOSSTRUCTlONr!UISSllALLNOTBEPIACEDWITT!INTHEDRIP
LINEOFEXISTINGTREES.

9. FENCE ALLTREEST08ERIJTAINEDTOCOMPI.ETF,LYENCl.0%THEil!.fE. &if~1~~;f?ig€.~ft~~f~~E~~~~~
EACH Fl'NCE. THE SIGN SHALL RE A ).tlNIMUMOF I .S"•ll" ANDCLl'.ARLY ~ ... ~,~·~:~~::;.11i"tA.'~'i-i%Y'il'r~sa~~.:i:~E.~CE Sl!AU .~OT ARB0Rlil/P110JECTARBORl!ir.FENCESSIIALLBE6-FOOTTALLCHAIN LINKOREQUIYALENT.AS APPROVEDBYTIIECITYAROORISTOR AROORISTF.MPLOYED8YCITV. FENCF$SIIAI.LREMAINUNTILALL
(iRAl>INGANl>CONSTRIJCTION W()IIJ( ISCQMPu;T'EJ>. IN ADOrTIO:-, WRAJ'ML TREESWITIISTRAWWAUl>LEUPTOTI\EHRSTMAINBRANCH.

TIIENWlAl'SJ<OWFENCINGAROUNDTI!EWADDLEON ALLTREESINTI!E COJ<STRUCTlONWNETOPROTECTTHEMFllOMBARKDAMAGECAUSED
DYTilE'-'ORK

10.NOTllENCHINGSHAU.BEOONliWITIHNTHEORIPLINEOFEXISTING
TREESWITllOUTTllEAPl'ROVALOFTHECITYAROORJSTORARIIOR!ST
EMPlOl'f.DBYCITY.OPENTRENCHJNGINTIIEROOTWSEOFAPUBLIC
TREEISPROl!!8ITEDEXCE.PTINCASESWHEJlETl!ETRENCHJNGFALLS OUTSIDETHEORIPUNF.OFTHETRHINVOLVEO. EXCEPTIONS MAY DE
AtLOWWIF,INTltEOPINIONOFTHECITYAIIJ!OIUSTORARSOIUST
fMPLOYEDBYCITY,THEIMPACTOFTRENCHINGONTIIETREEWILLBE

11.ANVCUTilNGOFEXISTINGROOTSOFCITYTRF.ESS llALLDEDONEWITTI ~~ i?~~~s~~r~~~~l:1i6~~~c~~~~f g~Ji~ EXISTINGROOTSOfPRIYATETREESSllALLBEDONEWmlAPPROVED E()UJPMENTUNDERTIIEDlRECTSUPERVISlONOFANJ.S.ACERTIFIED

AREIORIST

12.GRADINGSHOULDNUTCRllAT'tl>RAJNAGEP!lOOIEMSFORTREESBY CIIAJ<NEl.lNGWATERINTOTHEM,OROlF.AT!NGSUNKENAREAS
l).ALL GRADINGWITHISTl!EDR!PLISEOFCITYTREESSHALL8EDONE
WITIIAl'PROVEOLKJHTEQUIPMENTI/Nl>ERTl!EJ>IRECTSUPERVISIONOF TimCrrTARJ!ORISTORAROOIUSTl!MPLOYEl>!IYCITV. " LLGRADING wmtlNTHEDRIPLINEOFPIUVATl!TREESSIIALLBEOONJ!Wrrtl
APPROV!DEQUIPMENrl/NDERTHEDIRECTSUPERVISIONOFANI.S.A
TREE PROTECTION NOTES ~~S:~=~SITE ScCTION I
SITEPREPAAIITION:,lll.EXIST'NGTREE$$H,tl.J.BEFEHCED0FFWITHtl,AT0ROl/TSIDETHEDRPLtE(FOLWl$PREM>)Of THETl<EEUSIIIGMfOUOWl.'«,FORNIJIA:TWELVEtlCHES INOISTANCEFRO!ilTl£TRlNKFOREVERYtlCHtlTRIJN'.

O!AAIETER.MEASURED2.0FEETABOVETHEA\£AAGEGROIMJLMLEXAAIPI.E: A2'41'4CHDW,1EloRTREEMX.lDHAVEA fENCEERECTE024fEETFROIIITI-EBASEOFTI-ETREE(2,IX12:288/12•2'4~THEFENCESHCUUJBEAMINll,IJ,IOFSIX fEET~Gli,MAOE OF W.REWITHSTEELST-"'ES,SIXHASCYQ.ONEFENCtlG.FTllEFENCEISWIIHtlTltEORPLltEOFTltE

3. =~~~RE,;:;:-TE":~
SCHDlllSA:REXIS'ltlGTREES.

4.'MENCONST11x:TlONISTOTN<:EPlACEWITHN"TREFS
ORIPUNE.SEESITEPRS'AAATIONSECTlOH,
:~~~~~~~:=~i:e~~~CO~~Tlt~~OT~
=~~ : ~~5i::~~~~=~ ~~~ONTHEXR
~ ====~~ SYSTEM(OLGASOUNE,CIIEMIC:lt.S,CROTIIERIWWFlL
~~~~=~OF.CR
Tii lS INCLlOES,BIJTIS~TLIWTEOTO,STORAGEOFLLN!ERN'IOOTHERMATERW.S,DISPOSAI.OFPillNTS,SOLVENTSOR OTHER~XIOUSMATERlALS,P~OCAAS,GR.IONGEQUIPNENTORcmERIEAYYECUIPNErff. PENALTIES,BASEDONTHE $. ~T()':f~ETC.,SIW.l.NOTBE
=lc:t~~;;:~~ ~E~=OLO: PU!USIEDBYTIE INTERNArm>J..SOCIETYOF AABORW.TlRE. 1. ~~~A~=U~ISIECESSARY, ScCTIONII
S. =11.(rj]~ISNECESSARY,SEEREMEDIAI.REPARS

9. tlST,IUOfiESIGNTOCRPLtEFENCN:l PERAAEA. GRADIIIGIEXCAVATtlG: ,lll. GIWllNGPI.ANSTHATSPECFYGRIDNGWITfiNTHEORPLltEOFNfYTREE,ORMTH!jTI£ OISTANCE FROM THETRUNKAS QUTUNEDtlSECTION IWHENSADOISTAflCEISOUTSDETIEDRIPLINE,SHALI.FRSTBE IQ.:=ri:~~(TP2)NSTIWCTIONSLKlER ==~~~~~~~~~~=~~~~Pff.)~'Elru;~~=:~ TREr,IC!i lNGISNECESSAAYWITHtlTHEAAEAASDESCRlBEDABOVE,SAIOTRENCHINGSIW.1.BEUIIERTN<ENBYJW;O v.BOR. ALLROOTS210Cl1ES CRLARGERSHAI.LBETUtfl3.EDUNllER..W'.IOTl£RROOTSSIW.1.BECOTSMOOTH.YTOTHE TRWKSOEOF Tl-£ TREOCH . rETRUNISICESHCUIDBECRN'EDNMEOIATaYWITliTWOL.AYERSOFUNlREo\TWBl.ll'Uf' TOAllEPTHOf3 FEETFROM THESURFACe. Tl£BIJFU.N'SHALI.BESOAKEOr«lHTI.Y..W'.ILEFTtlPIACEl.tfR.TllETRENCH ISSACIIFILLEDTO THEORIGl~l.EVEL ntEAR60RiSTSIW.1.EXMIINETHETl'8QtPRIORT0aACKFUtlGTOASCERTA'N THE~MBERAADSlZEOFROOTSCUT,90/ISTOSUGGESTTHEtECESSARYRENEDllrl.REPfJlS.

S€CTIONIII
REMEOIALREPA.RS· THEAA6CRiSTONTl'EJ06Stllll.HAVETHERESPONSIBIUTYOF06SERVl113M.1.0NGo:NGACTMTIES THATMAY,•J'FECTTH:TREES. NEPRESCRIBNGIECESSAAYRENEDIAI.WORKTOINSURETH:IEAI.THNllST,t,BIUTYOF SAIDTREES. T~INCU/OES, BUTISNOTLNITTDTO,M.I.AABORJSTN;JMJIESBIIOIJGHTOUTIMSECTIONS IAMDILl'I .o.DDITION, PRUNING,ASOUlll~OtlTfE'PRUNINGSTNOAROS'OFTl'E'IESlcRNCHAPTEROFTHENTERNATIOIW.

SOCIETY OFAABORICU.TI.IRE, SIWJ.BEPRESCRIBEDAS MECESSARY. FERll.lZING,i'cRATION,IWGATION,PESTCOHTROI.

ANDOTHERACTMTIES5HAU. l!EPRESCRISEDACCORltlGTOTI-E TREEtEEDS,LOCM.SITEREOUREMENTS,NllSTATE ~~{~~~~~:=e~:,::;~~='!;\~~
AD\IISORSORPESTCONTROl OPEAATORS.

DEMOLITION NOTES
THECOHTIW:TORSHAU.YISITTHEPRO.ECTSITEPRICRTOBOO:NGTODElERMltETll: EAACTEXTENTOFALLSITE DEMOUTlONnEMS.Tl'ECON'TRACTOR SfiM.I.BERESPONSIBLEFORTIIEVERIFICATIONOFM.I.EXlSllNGlfTIUTIESINTltE FIELDPRIORTOCONSIRIJCTION. LOCATIONSSHOYINONTHEPI.NISARE,-ppfl()XfflTENIOAAEFORGEtEAAL tlFORMATIONONLY. 1-ESH,tU 9ERESPOtlSlll.EFORMAKINGHNSELF FAMI.IMWITHM.l.ltlDERGRO!..INDCONDITIONS PRIORTOCOl"4ENCENENTOFWORK.

THESEPI.NISMAYNOTSHOWAI.LEXISTli'IGCITYB.ECTR1CAI.FACILITIESINCU.OtlO,M~LNITEOTO,TIW'FlCSIGNM.S, STREETUGHT MOTRAFFICSIGtW.COl"4U!fCO.TION EOUlPMErff, CON>UlT,PlllBOXES,MOWIRINO.

THECONTAACTORSHAUBERESPOtlSlll.EFORLOCATNG...U.SIJCHF.oGl.lTIESNIOFORREP,tJRNONftSIJCHF>Gl.lTIES THATAREllAMKElDIJRNGCOtlSTRUCTION.PAl'IENTFORLOCATN;.COORONATtlG,NIDREPA'RINGElOSTINGCITY :~~~'::=~~:r:~=~:IS&TKWSHfil :=~~~~~~'°"S:~~~~~~=~:::.

THECONTR.OCTORSHAUNOTFYUNllERGROUNlSEIMCE.'I..ERT(USA)ATLEAST.aHOURSPIIORTONffEXCAVATION ONTHISPRO.ECT.C>UUAA.,.T(800)624-2444
THECOHTIW:TORSHAU.BERESPONSlll.EUNllERTHISCONTIW:TFORREP,t,RtlGNIOREPI.JCING,ATHISO\\NEXPENSE, NfYSTRUCTURES,fENCES,WAL.LS.OR~UFEDNMGED OROESTROYEDBY HSOPEAATION. UKEWISE,1-ESHAU.BE =::t~==~~~~:rr~~~~=~~TIEJlJ:

ORIGINN.CONCXTIONSA.~TOTIESATISFACTIONOFTHEPRO.ECTSUPERINTENENT THECONTR.OCTORSHAU.BERESPONSlll.ETOKEEPAU.STREETRIGHT.of.WAYSCI..EA.'I TOTHESATISFACTIONOFTfE PROJECTSl.PERINTENDENT"'1. ITEM$ NDICATEDTOBEREu:wEDSIW.1.BEDISPOSEDOFFROMTIEPRO.ECTSITE.

EXCEPTITENSIIOCATEDTOBERE-liSTAI.LED.

Ft.RlflSH MDPI.ACE,ll)pfl(lVEl) IMPORfra>sol.W!ERESHOWNONTIEPU.'113. CROSS-RIPTIEENmEEXPOSEDSOI.

SUBGRADETOAMtfNUMDEPTHOFTEHINCH~j10')PRIORTOPIACtlGMVM>ORTTOPSOL M.I.TREESTOBERE.\IOVEllSHALL~',£Tl£RST\JMPSGROUNlDOWNTOAMINll,IJ,IDEPTHOf24"RElil'.>',£ALI.I.ARGE ROOTSFRCNl'UffTING/111£ASAMNNUMDISTNICEOF5'8EVON)TIEDRIPLIHEOFTl'ETREE.

NO CUTTNG OF N« PMTOF PRI\IATE TREES, INCLLONG ROOTS, SHALi. BE DONE WITHOUT SECl.RtfG PRIOR..-PPRDVAI. OF THE CITY AABQRIST. TREETRlloNtfG,1EM()V..tl.SHAU.BEDC;t.EINNXORDANc.E TO Tl'E CITYOFSNfTAQ.ARA TREE PRESERVATION.OTY AABORIST SPECIFICATIONS 00 WITH D1RECT Sl.PEFMSIDN OF A c.ERTFIED NOORIST (CEIUFICATION OFINTEFIMTiaioll.SOCIETYOF~TIJRE~
SCALE:1 = ·• 1·.0-
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TRF,F,SSHA!.LNOT BEt.lODIFIF,D, IFAGRADEINCREASl!ISNF,CESSARY, DRYWHI.SSHOULD~EUSEO.

14.Wl!ENTIENCIHNGISALLOWED,TIIECONTRACTORMUSTF!RSTCUf
ROOTSWIT!!AVERMEERROOTClJITERPRJORTOANYTRENCHINGTO
AVOIDll)(".GINGORPULLINGOFROOTS
1). TREESTHATAREDllTERMINEDTOBl!IUiMOVEDBYTIIECITYAROORIST OR ARIIORISTEMPLOYEDBYCITYDUETOANUNFOR5EEN
CIRCUMSTANCE DURINGCONSTRUCTIONSl!ALLBEREPIACED8YTI!E
CONTRACTOR.THJ!CJTVAREIORISTOR AROORISTEMPLOYED8YCITY
SHAU, rF.TERWNF.TllERF.PLACEMF,NTSPF.CIF.,Sl7.E,00ANTITV, AND SPACING.

11.00JWi(l
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TRF.NCl!L'IGWILLDEREP!.ACEDDY
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I. C0)<."TRAC'fOI\SIIALLTAGANDIDENTll'YliX!STISGTREESWHICHARETO REMAISWITT!INTHEFROJECTLIMITSANDONTllEPUBLICRIGIIT-OF-WAY PRIOII.TOSTARTOFWORK. PRITTECfAI.LTAGGEDTREESATALLT!MES FROMDAMAGEDVTHE\\"ORK. TREAntENTOFALLMINORDAMAGETO
TAGGF,DTRF,F.SSHALl.flF,PF,RFQi!MF.DRY ANl,S.A.CERTIFIF.DARllORIST ORITTH!:RP£RSONNEL M l'IIOVE0BYTHECITYAIUlOl'ISTORARIJORIST EMPLOYEDBYCITY. IF ATAOOEDTREEISl'ERMANENlLYDISFIGURED
ORKILLED ... SARESULTOFTIIEWORK,C01'"TRACTORSHAJ.J.RF.MOVE Tl!ETRE;E.INCUJDINGTfSROOTS,rROMTlll!SITEAND REPIACEEACJI REMOVIDTREF. WITH AN F.()UAL-S17.F,DTRF,E. IF SUCH REPLACEMENT IS NOTl'OSSIDLE.THECONTRACTORSIIALLREIMl!URSl!TOTHETREI!
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COt-."TRACJ'OR'SFAllURETOPROVlDEADEQUATEPROTECflON ... ND MAINTBIANCE. 1111! PAYMENT AMOUNT SHALL BE IN ACCORDANCE WITHTlf; FOLLOWINGSCHF,DUI.F.OFVA!.UF.S,USING"fllFJlCAI.IPF,R" METl!Oll ESTABLISlll!O!N TllliMOSTRECE1"T ISSUE OF Tllli-OUIDE FOR ESTABLISHINGVALUESOFTREES ... NDITTHERPI.ANTS", PREPAREDBY Tl!ECOUNCILOFTREEANDIANDSC ... PEARCllITTCTS
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2805 BOWERS AVE

ISSUED FOR PCC REVIEW

TREE PROTECTION, NOTES, DETAIL,
ANDTABlE
l6
---0
D
C
@)6 OVERALL SITE PLAN 1"•30'-0"

GENERAL NOTES SHEET LEGEND
- A
CBC SECTION 1129B.3:
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11.llOtiE·~-......,o,;:cue,llE_,.._,._IHE ----IILE11WJ. .. OIITIIEr,,.__,.OF IIE~IS--l'ITOIHE"-•l<lE "-~•-,oc,::[$$1U•-•..a11-.lll!L.t»rOM,.C, -"'1CEl!l""'-'-11WJ.1EI.O'M>l',..lloUl, ,-,11WJ.IEOIITI£ PMSEIURSIOEfSIHEIEIICI.IMll£~11 COl<GF<:RIWllllTOIH[ 1",.;:,;usaJi-OIU-....U&,lll'O-'?l"'-MPI ,,.,,,,,_,,_~
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KEY PLAN

SITE STATISTICS

PARKING STATISTICS
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ARCHITECTS
t.lEQWIICM. ENGtiEER I Pl.UNBING ENGNEER
$ ..............
22340~nstrNl,Sul\9177
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RoMndnEiectnc -SWIJoM,CA95133
Offlce:,408.286.2800
..... - CM.ENGIEERILANSCAPECESIGIER
--I- IM I -1--
2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

OVERALL SITE PLAN
AS100
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C
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@6 LEVEL 01 OVERALL FLOOR PLAN 1f16"•Nl"
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GI PARTNERS
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22340~nstrNl,Sul\9177
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2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW
LEVEL 1 • OVERALL FLOOR PLAN
A110.01
I -=, ===,
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0-
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$ ..............
22340~nstrNl,Sul\9177
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BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW
LEVEL 2 • OVERALL FLOOR PLAN
A110.02
V •• 11 1l!O' i,i' "2'
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GENERAL NOTES

SHEET NOTES
LEGEND

KEY PLAN
EB

GI PARTNERS
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--111:ALT'f

SHEEHAN

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ARCHITECTS
t.lEQWIICM. ENGtiEER I Pl.UNBING ENGNEER
$ ..............
22340~nstrNl,Sul\9177
=:-~~ SoutNa,d Fu: 793.83U6n
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RoMndnEiectnc -SWIJoM,CA95133
Offlce:,408.286.2800
..... - CM.ENGfEERILANSCAPECESIGtER
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2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW
LEVEL 3 • OVERALL FLOOR PLAN
A110.03
V •• 11 1l!O' i,i' s;z,
I -=, ===, I
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@6 LEVEL 04 OVERALL FLOOR PLAN 1f16" • Nl"
I
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GENERAL NOTES

SHEET NOTES
--------0
' --------0
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LEGEND
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KEY PLAN
EB

GI PARTNERS
ijj

MISSION

CRITICAL
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HAATAAY

ARCHITECTS
t.lEQWIICM. ENGtiEER I Pl.UNBING ENGNEER
$ ..............
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..... - CM.ENGfEERILANSCAPECESIGtER
--IIM I -1--
2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW
LEVEL 4 • OVERALL FLOOR PLAN
A110.04
V •• 111l!O' i,i' "2'
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GENERAL NOTES
' '
I I

SHEET NOTES
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C LEGEND

KEY PLAN
A I i'"' .. 0 0
0 T/DUNNAGE PLATFORM 1 1118"•1'.c' EB
GI PARTNERS f118~~. Sulle7tHI
S.,Frandtco.CA9'105
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,
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15700ekl#'IIIR<I,
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2805 BOWERS AVE

ISSUED FOR PCC REVIEW

ROOF PLAN
A110.05
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SC,U:: fflf": 1'-4"
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ARCHITECTS
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$ ..............
22340~nstrNl,Sul\9177
=:-~~ SoutNa,d Fu: 793.83U6n
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Offlce:,408.286.2800
..... - CM.ENGfEERILANSCAPECESIGtER
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2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW
3D ELEVATIONS
A200
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C
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--------------
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GENERAL NOTES SHEET NOTES
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SHEET LEGEND

GI PARTNERS
ijj MISSION

CRITICAL
--- 111:ALT'f

SHEEHAN

NAGLE HAATAAY

ARCHITECTS
t.lEO!NIICM.ENGflEERIPlUNBINGENGNEER
$ ......,.., ..... 22340~nstrNl,Sul\9177
=:-~~ SoutNa,d Fu: 793.83U6n
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Offlce:,408.288.2800
..... - CM.ENGIEERILANSCAPECESIGIER
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BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

FULL BUILDING EXTERIOR

ELEVATIONS
A210.01

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D
C
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GENERAL NOTES
L ,
I
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SHEET NOTES
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SHEET LEGEND

GI PARTNERS
ijj MISSION

CRITICAL
--- 111:ALT'f

SHEEHAN

NAGLE HAATAAY

ARCHITECTS
t.lEO!NIICM.ENGflEERIPlUNBINGENGNEER
$ ..............
22340~nstrNl,Sul\9177
=:-~~ SoutNa,d Fu: 793.83U6n
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RoMndnEiectnc -SWIJoM,CA95133
Offlce:,408.286.2800
..... - CM.ENGIEERILANSCAPECESIGIER
--I- IM I -1--
2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

FULL BUILDING EXTERIOR

ELEVATIONS
A210.02

I --, --,
~ !l)tlllfl!WO..W-.lfll)flR11,LID
D
C
A
~:-=-~~-- TIDU~NM.E
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L
@6 TRANSVERSE BUILDING SECTION 16 1'.()"

GENERAL NOTES
-----
r rr r r ? r r ? ~ ~ ~ (:~ r ' ' ' ' ' ' ' ' ' '
i l '
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SHEET NOTES SHEET LEGEND

GI PARTNERS
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CRITICAL
--- 111:ALT'f

SHEEHAN

NAGLE HAATAAY

ARCHITECTS
t.lEQWIICM. ENGtiEER I Pl.UNBING ENGNEER
$ ..............
22340~nstrNl,Sul\9177
=:-~~ SoutNa,d Fu: 793.83U6n
D RosENDIN C-~ ELECTRIC
RoMndnEiectnc -SWIJoM,CA95133
Offlce:,408.286.2800
..... - CM.ENGIEERILANSCAPECESIGIER
--I- IM I -1--
2805WALSH
BOWERS
2805 BOWERS AVE

ISSUED FOR PCC REVIEW

FULL BUILDING SECTIONS
A310.1

I --, --,
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D
C JC ;~~~ ENCLOSURE ELEVATION
B

GENERAL NOTES SHEET NOTES SHEET LEGEND
A
@c LONG TRASH ENCLOSURE ELEVATION 11o1· - 1·-eI ~
I
I
I
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®B ENLARGE TRASH ENCLOSURE PLAN 114"•1'-o"
&PP'CHWt ~~~~~

KEY PLAN
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GI PARTNERS
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CRITICAL
--- 111:ALT'f

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~~~ Santa Clara Unified
School District
March 5, 2024
City of Santa Clara
Planning Commission
1500 Warburton Avenue
Santa Clara, CA 95050
RE: Item 24-1380 Walsh/Bowers Data Center and Bowers Backup Generator Facility (22-SPPE-01)
Dear Santa Clara Planning Commission,
The District recently met with lim Guarnieri from Mission Critical Realty to discuss the Walsh/Bowers Data Center and Bowers Backup Generator project located at 2805 Bowers Avenue, Santa Clara. Mr. Guarnieri provided a detailed overview of the project, addressed the Planning Commission's concerns, and allowed the District to pose questions about the project.

All questions were answered to the satisfaction of the District.

The project is located approximately one quarter-mile from Bracher Elementary School and is positioned farther away than an existing data center. The CEQA Environmental Impact Report {EIR) did not identify any hazardous effects to Bracher Elementary or the immediate surrounding area during or after construction.

The construction of the Walsh/Bowers Data Center is anticipated to increase both secured and unsecured property taxes, resulting in long-term benefits for both the City of Santa Clara and the Santa Clara Unified School District.

Sincerely,
'---mrc,,tu..P tJ~
Michal Healy
Director, Facility Development and Planning
1889 Lawrence Road • Santa Clara, CA 95051 • (408) 423-2000 • www.santaclarausd.org Superintendent Gary Waddell, Ed.D. • Board of Trustees Jim Canova, Vickie Fairchild, Albert Gonzalez, Bonnie Lieberman, Jodi Muirhead, Andrew Ratermann, Michele Ryan, Ph.D.

Graduates of Santa Clara Unified School District are resilient, future-ready, lifelong learners who think critically, solve problems collaboratively, and are prepared to thrive in a global society.

From:

To:

Cc:

Subject:

Date:

Attachments:

Nimisha Agrawal
Kurt Rubin and Lori Telson
Mayor and Council
RE: data centers
Thursday, February 22, 2024 9:35:00 AM
image001.png
Good Morning Ms. Telson,
Thank you for your questions and comments. Your comments have been shared with the applicant and will also be provided as an attachment to the staff report for the Planning Commission Hearing on March 6, 2024 and Council Hearing on April 9, 2024. Please see inline response to your questions below in blue.

Thanks,
Nimisha Agrawal I Senior Planner
Community Development Department
1500 Warburton Avenue I Santa Clara, CA 95050
O:408.615.2450 I D: 408.615.2467
City of
Santa Clara
From: Kurt Rubin and Lori Telson
Sent: Tuesday, February 20, 2024 12:01 PM
To: Nimisha Agrawal <[email protected]>
Cc: Mayor and Council <[email protected]>; Lori Telson Subject: Re: data centers
I You don't often get email from
Good morning,
Leam why this is important
Thank you for the infonnation. I briefly reviewed the EIR and I understand the repo1i claims there will be no significant impact regarding noise during construction or operation from this data center. I read the EIR findings on other matters and now I am concerned about emissions and more. My opinion has not changed: I do not want this data center or any additional data centers to be built in Santa Clara. I will not be attending the public meeting therefore I am hoping you can provide answers to some additional questions:
1) Were the data centers that are cunently operating in the City of Santa Clara built with similar noise reduction methods? If they were, I do not agree that there is no significant impact to the noise levels within our City. All data centers in the City require an Enviromnental analysis that includes a noise analysis to ensure the noise levels are within the pennissible limits as identified in the General Plan and the City Code. The environmental analysis also identifies appropriate Initigation measures to keep the noise impacts of the project to be less than significant.
2) Is this data center ah-eady approved? It seems as if other data centers were approved before public input was requested. No, the proposed data center at 2805 Bowers has not been approved. It is scheduled for Planning Commission Hearing on March 6, 2024 and City Council Hearing on April 9, 2024.
3) Will there be an end to how many data centers Santa Clara allows? When is enough? For me, it's now. Your comment is noted.

Thank you.

Regards,
Lori Telson
On Wednesday, February 14, 2024 at 08:46:17 AM PST, Nimisha Agrawal <[email protected]> wrote:

Please let me know if you have any other questions.

Thanks,
Nimisha Agrawal| Senior Planner
Community Development Department
1500 Warburton Avenue | Santa Clara, CA 95050
O:408.615.2450 | D: 408.615.2467
City of
Santa Clara
TheC.'llc,rol wt, t\ Poo bl,
From: Kurt Rubin and Lori Telson
Sent: Friday, February 9, 2024 9:40 AM
To: Nimisha Agrawal <NAgrawal@SantaC!araCA goy>
Cc: Mayor and Council <MAYORANPCOUNCIL@SantaC!araCA goy>; Lori Telson Subject: data centers
I You don't often get email from Learn why this is important Hi,
I just read the email about a proposed data center on Bowers.

Has the city done a study on the change in noise levels around us given all the new data centers?
Sometimes when I 1:Iy to hear nothing for a bit of quiet I swear I can hear a low hum all the time. And it is not noise from ti·affic. Others I know have commented on this too.

I'm requesting more info on the change in noise levels within Santa Clara due to the data centers. Until that happens, and is presented to the public, I am against any additional data centers being built in Santa Clara.

I vote no on the proposed data center for 2805 Bowers Ave. or any other location.

However, the city seems to ask for public opinion after the proposal seems to be approved internally aheady. That might be the case here. So, I might have just wasted my time writing this email. I hope not.

Thank you.

Regards,
Lori Telson
2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing March 6, 2024
California Environmental Quality Act (CEQA) FEIR and MMRP documents prepared by the California Energy Commission for the Bowers Backup Generating Facility – Walsh-Bowers Data Center Project Docket # 22-SPPE-01
Bowers Backup Generating Facility Final EIR - Part 1
Bowers Backup Generating Facility Final EIR - Part 2
City of Santa Clara - Mitigation Monitoring and Reporting Program City's Review of CEC Final EIR Memo
These documents are available in the Community Development Department for review Resolution/ 2805 Bowers Avenue- EIR Page 1 of 4
Rev. 11-22-17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ACCEPTING THE ENVIRONMENTAL IMPACT REPORT

PREPARED BY THE CALIFORINA ENERGY COMMISSION,

MAKING RESPONSIBLE AGENCY FINDINGS, AND ADOPTING

A MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE DATA CENTER PROJECT LOCATED AT 2805

BOWERS AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development. The Project Site is zoned High Intensity Office and is zoned Office/R&D-High Intensity (HO-RD);
WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project requires a General Plan Amendment, a Use Permit, and Architectural Review by the City, and a rezoning of the Project Site to Light Industrial. The Owner simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023; Resolution/ 2805 Bowers Avenue- EIR Page 2 of 4
Rev. 11-22-17
WHEREAS, the CEC is the state agency authorized to approve or deny all thermal Power Plants and related facilities of 50 megawatts (MW) or greater, and pursuant to Public Resources Code Section 25519(c), the CEC is the Lead Agency under the California Environmental Quality Act (“CEQA”) for such thermal Power Plants;
WHEREAS, the City of Santa Clara is a Responsible Agency under CEQA, and must make a determination as to the adequacy of the environmental documentation prepared for the Project; WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023 and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC prepared written responses to the comments received during the Comment Period and included these responses in a Final Environmental Impact Report (“FEIR”); WHEREAS, the DEIR and FEIR constitute the EIR for the Project; WHEREAS, the CEC certified the EIR and approved the Mitigation Monitoring and Reporting Program (“MMRP”) and a Small Power Plant Exemption for the Project at a duly noticed Business Meeting on November 8, 2023 (“Docket No: 22-SPPE-01”);
WHEREAS, the City is required whenever possible, pursuant to CEQA, to adopt all feasible mitigation measures that can substantially lessen or avoid any significant environmental effects of the Project;
WHEREAS, CEQA Guidelines § 15096(h) requires a Responsible Agency, before approving a project for which an EIR has been prepared and certified, to adopt findings specifying whether Resolution/ 2805 Bowers Avenue- EIR Page 3 of 4
Rev. 11-22-17
mitigation measures and, in some instances, alternatives discussed in the EIR, have been adopted or rejected as infeasible;
WHEREAS, the significant and potentially significant environmental effects associated with the Project, as approved, can either be reduced to less than significant or be avoided through the inclusion of mitigation measures proposed in the EIR;
WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing, at the conclusion of which, the Planning Commission was unable to reach an agreement on the use permit or on a recommendation on the General Plan Amendment. Pursuant to the Santa Clara City Code, the lack of action constituted a denial of the use permit and a recommendation of denial on the General Plan Amendment;
WHEREAS, on March 6, 2024, the Planning Commission at the conclusion of the duly noticed public hearing did not take action on the Environmental document pursuant to CEQA guidelines 15270;
WHEREAS, on August 17, 2024, a notice of the public hearing on the proposed General Plan Amendment was published in the Mercury News, a newspaper of general circulation for the City, for the City Council Hearing to be conducted on August 27, 2024; WHEREAS, on August 15, 2024, notices of the public meeting for the City Council Hearing of August 27, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity, including Bracher Elementary School, Wilcox High School, Eliana’s Daycare, and Little Starfish Bilingual Daycare; and WHEREAS, on August 27, 2024, the City Council held a duly noticed public hearing to consider the EIR, General Plan Amendment, Use permit and Architectural review application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

Resolution/ 2805 Bowers Avenue- EIR Page 4 of 4
Rev. 11-22-17

1. That pursuant to CEQA Guidelines Section 15050(b), the City Council as a Responsible Agency has reviewed and considered the information contained in the EIR for the Project.

2. That pursuant to CEQA Guidelines Section 15096(h), the City Council hereby adopts the findings made by the California Energy Commission contained in the FEIR, and further finds that approval of the Project as mitigated will have no significant negative effects on the area’s environmental resources, cumulative or otherwise, as the impacts as mitigated fall within the environmental thresholds identified by CEQA, and the Council hereby accepts the EIR.

3. That the City Council hereby adopts the MMRP, as adopted by the CEC, for implementation with Project Development as required by Section 15097(a) of the CEQA Guidelines.

4. That the City Council hereby designates the Acting Director of Community Development as the Custodian of Records for the Project, and the Planning Division at City Hall, 1500 Warburton Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.

5. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27TH DAY OF AUGUST 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Development Plans
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 1 of 5 Rev. / Typed 12-2-22
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO APPROVE A GENERAL PLAN AMENDMENT FROM HIGH

INTENSITY OFFICE/ RESEARCH AND DEVELOPMENT TO

LIGHT INDUSTRIAL TO ALLOW THE DATA CENTER PROJECT
LOCATED AT 2805 BOWERS AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment)
WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan land use designation of High Intensity Office / Research and Development and is zoned Office/R&D-High Intensity (HO-RD); WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project approvals include a General Plan Amendment, a Use Permit, and an Architectural Review by the City, and the Project Site is proposed to be rezoned to Light Industrial in the near future;
WHEREAS, The Owner simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023;
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 2 of 5 Rev. / Typed 12-2-22
WHEREAS, the General Plan designation of High Intensity Office/ Research and Development is intended for high-rise or campus-like developments or data centers that serve another primary use on the site, and a General Plan Amendment to Light Industrial is required to allow the construction of a standalone data center;
WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023 and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC certified the EIR and adopted the MMRP at a publicly noticed meeting on November 8, 2023;
WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing at the conclusion of which, the Planning Commission was unable to reach an agreement on the use permit or a recommendation on the General Plan Amendment. Pursuant to the Santa Clara City Code, the lack of action constituted a denial of the use permit and a recommendation of denial on the General Plan Amendment;
WHEREAS, on March 6, 2024, the Planning Commission at the conclusion of the duly noticed public hearing did not take action on the Environmental document pursuant to CEQA guidelines 15270;
WHEREAS, on August 17, 2024, a notice of the public hearing on the proposed General Plan Amendment was published in the Mercury News, a newspaper of general circulation for the City, for the City Council Hearing to be conducted on August 27, 2024; Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 3 of 5 Rev. / Typed 12-2-22
WHEREAS, on August 15, 2024, notices of the public meeting for the City Council Hearing on August 27, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity- Bracher Elementary School, Wilcox High School, Eliana’s Daycare, Little Starfish Bilingual Daycare; WHEREAS, on August 27, 2024, the City Council held a duly noticed public hearing to consider the EIR, General Plan Amendment, Use permit and Architectural review application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council finds and determines that the General Plan Amendment is in the interest of the public good for the following reasons:

A. The proposed amendment is deemed to be in the public interest, in that the project is located in an urbanized area served by existing municipal services and invests in public services and infrastructure with on- and off-site improvements like, repairing the existing curb, and gutter and providing complete streets along the project frontage; B. The proposed General Plan amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected, in that the proposal utilizes and improves an underutilized property for use as a data center, strengthening the existing tax base;
C. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that as proposed, it includes all feasible mitigation to reduce the potential adverse environmental effects of the project to less-than-significant levels; and
Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 4 of 5 Rev. / Typed 12-2-22
D. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that an Environmental Impact Report has been prepared for the amendment has been certified and a Mitigation Monitoring and Reporting Program has been adopted.

3. That the City Council hereby amends the General Plan by changing the General Plan Land Use Designation from High Intensity Office/ Research and Development to Light Industrial to allow the construction of the standalone data center; as depicted on the attached Illustration Plan, incorporated herein by this reference.
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Resolution/ 2805 Bowers Avenue- General Plan Amendment Page 5 of 5 Rev. / Typed 12-2-22

4. Effective date. The subject General Plan Amendment is contingent upon Council taking subsequent action to rezone the Project Site to Light Industrial (LI) consistent with the new General Plan land use designation of Light Industrial. This resolution shall become effective on the effective date of the Council resolution to rezone the Project Site to Light Industrial. If a resolution to rezone the Project Site to Light Industrial does not take effect on or before July 31, 2025, this resolution shall be of no further force and effect.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27TH DAY OF AUGUST 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Development Plans
Resolution/ 2805 Bowers Avenue- Use Permit Page 1 of 5
Rev. 11-22-17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA APPROVING A USE PERMIT TO ALLOW THE
DATA CENTER PROJECT LOCATED AT 2805 BOWERS

AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development and is zoned Office/R&D_High Intensity (HO-RD); WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project requires a General Plan Amendment, a Use Permit, and Architectural Review by the City, and a rezoning of the Project Site to Light Industrial (LI). The Owner has simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023; WHEREAS, a Use Permit is required to allow a data center use in the Light Industrial zoning district and to authorize backup generators for the data center; Resolution/ 2805 Bowers Avenue- Use Permit Page 2 of 5
Rev. 11-22-17
WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023 and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC certified the EIR and adopted the MMRP at a publicly noticed meeting on November 8, 2023;
WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing, at the conclusion of which, the Planning Commission was unable to reach an agreement on the use permit or a recommendation on the General Plan Amendment. Pursuant to the Santa Clara City Code, the lack of action constituted a denial of the use permit and a recommendation of denial of the General Plan Amendment;
WHEREAS, pursuant to the City Code, when the Planning Commission considers a development project that involves a recommendation on a legislative matter (such as the General Plan Amendment) coupled with a decision on a non-legislative matter (such as the Use Permit), the decision on the non-legislative matter is automatically forwarded to the Council for review;
WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing, at the conclusion of which, the Planning Commission did not take action on the Environmental document pursuant to CEQA Guidelines section 15270.

Resolution/ 2805 Bowers Avenue- Use Permit Page 3 of 5
Rev. 11-22-17
WHEREAS, the City Council cannot grant a Use Permit without first making specific findings related to the effect of the project on health, safety, peace, comfort, and general welfare, based upon substantial evidence in the record;
WHEREAS, on August 17, 2024, a notice of the public hearing on the proposed General Plan Amendment was published in the Mercury News, a newspaper of general circulation for the City, for the City Council Hearing to be conducted on August 27, 2024; WHEREAS, on August 15, 2024, notices of the public meeting for the City Council Hearing on August 27, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity- Bracher Elementary School, Wilcox High School, Eliana’s Daycare, Little Starfish Bilingual Daycare; and WHEREAS, on August 27, 2024, the City Council held a duly noticed public hearing to consider the EIR, General Plan Amendment, Use permit and Architectural review application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby overturns the denial of the Use Permit resulting from the inaction of the Planning Commission and approves the Use Permit, contingent on the approval of a General Plan Amendment by the Council, to allow the construction of a new four-story, 244,068 square foot data center with rooftop mechanical equipment, backup generators with a maximum peak capacity of 73 MW, a substation, and associated landscaping and site improvements, as depicted on Exhibit “Development Plans,” attached hereto and incorporated herein by this reference.

3. That based upon substantial evidence in the record of the hearing, including the facts stated in this resolution, the City Council hereby finds that:

Resolution/ 2805 Bowers Avenue- Use Permit Page 4 of 5
Rev. 11-22-17
A. The establishment or operation of the use or building applied for, under the circumstances of the particular case, are essential or desirable to the public convenience or welfare in that the Project would utilize the currently underutilized site as a data center; which requires significant investment in on- and off-site property improvements including connectivity to adjacent properties.

B. Said use will not be detrimental to any of the following:
1) The health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, in that the Project will incorporate mitigation measures specified in the MMRP with Project development and construct the Project in accordance with the California Building Code.
2) The property or improvements in the neighborhood of such proposed use, in that the Project improves the Project Site with investment in on- and off-site improvements with the construction of a new data center that includes a complete street frontage to link adjacent uses, and site landscaping.
3) The general welfare of the City, in that the Project maintains the industrial character of the property and integrity of the surrounding industrial sector as well as provides economic benefits to the City’s General Fund through increased property tax with the proposed improvements associated with the data center use.

Resolution/ 2805 Bowers Avenue- Use Permit Page 5 of 5
Rev. 11-22-17

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27TH DAY OF AUGUST 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Development Plans
Resolution/ 2805 Bowers Avenue- Use Permit Page 1 of 5
Rev. 11-22-17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA APPROVING THE ARCHITECTURAL REVIEW TO
ALLOW THE DATA CENTER PROJECT LOCATED AT 2805

BOWERS AVENUE, SANTA CLARA
SCH# 2023020228
PLN21-15069 (General Plan Amendment, Use Permit, Architectural Review) WHEREAS, on August 4, 2021, HMH Engineers (“Applicant”), on behalf of GI Partners (“Owner”) made an application for the development of a 5.12-acre site (Assessor’s Parcel Numbers: 216- 28-063) located at 2805 Bowers Avenue in Santa Clara (“Project Site”); WHEREAS, the Project Site has a General Plan designation of High Intensity Office / Research and Development and is zoned Office/R&D-High Intensity (HO-RD); WHEREAS, the Project Site is currently developed with a 104,000 square-foot two-story office building, surface parking lot and site landscaping;
WHEREAS, the Owner proposes to construct a 244,068 square foot, four-story data center building housing computer servers and administrative functions, rooftop mechanical equipment, and generator equipment yard with 32, three megawatt (MW) tier 4 compliant renewable dieselfired emergency backup generators, with a maximum peak generating capacity of 72 MW, an electric substation, a surface parking lot and on- and off-site improvements; in conjunction with demolition of the existing structures and site improvements (“Project”); WHEREAS, the Project approvals include a General Plan Amendment, a Use Permit, and Architectural Review by the City, and a rezoning of the Project Site to Light Industrial (LI). The Owner has simultaneously applied for a Small Power Plant Exemption (“SPPE”) from the California Energy Commission (“CEC”), which granted the SPPE on November 8, 2023; WHEREAS, pursuant to Santa Clara City Code (“SCCC”) Section 18.76.020, the Architectural review for all non-residential development greater than five thousand (5,0000) square feet in size Resolution/ 2805 Bowers Avenue- Use Permit Page 2 of 5
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requires approval at a public hearing. Pursuant to City Code Section 18.76.020(j), the architectural review of this application is being referred to the City Council for consideration; WHEREAS, the CEC, as Lead Agency, prepared the Draft Environmental Impact Report (“DEIR”) for the Project in accordance with CEQA and circulated copies for 45-day review to public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons and agencies, and sought the comments of such persons and agencies beginning on August 10, 2023, and concluding on September 29, 2023 (“Comment Period”); WHEREAS, the EIR identified certain potentially significant adverse impacts on the environment with Project development that with implementation of the mitigation measures specified in the Mitigation Monitoring and Reporting Program (“MMRP") for the Project would reduce the potentially significant effects to less than significant; WHEREAS, the CEC certified the EIR and adopted the MMRP at a publicly noticed meeting on November 8, 2023;
WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing, at the conclusion of which the Planning Commission was unable to reach an agreement on the use permit or a recommendation on the General Plan Amendment. Pursuant to the Santa Clara City Code, the lack of action constituted a denial of the use permit and a recommendation of denial on the General Plan Amendment;
WHEREAS, on March 6, 2024, the Planning Commission held a duly noticed public hearing at the conclusion of which pursuant to CEQA guidelines 15270, Planning Commission did not take an action on the Environmental document;
WHEREAS, the City Council cannot grant an Architectural approval without first making specific findings related to the effect of the project on off street parking areas, screening strips, design and location of the proposed development, impact on the neighborhood character, health, comfort, and general welfare of people in the neighborhood, and the policies and criteria for architectural review;
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WHEREAS, on August 17, 2024, a notice of the public hearing on the proposed General Plan Amendment was published in the Mercury News, a newspaper of general circulation for the City, for the City Council Hearing to be conducted on August 27, 2024; WHEREAS, on August 15, 2024, notices of the public meeting for the City Council Hearing on August 27, 2024, were mailed to all property owners within 2,000 feet of the Project Site boundaries and to the schools/daycares located within the vicinity- Bracher Elementary School, Wilcox High School, Eliana’s Daycare, Little Starfish Bilingual Daycare; and WHEREAS, on August 27, 2024, the City Council held a duly noticed public hearing to consider the Architectural Review application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby approves the Architecture design for the project, contingent on the approval of a General Plan Amendment and Use Permit by the Council, to allow the construction of a new four-story, 244,068 square foot data center with rooftop mechanical equipment, backup generators with a maximum peak capacity of 73 MW, a substation, and associated landscaping and site improvements, as depicted on Exhibit “Development Plans,” attached hereto and incorporated herein by this reference.

3. That based upon substantial evidence in the record of the hearing, including the facts stated in this resolution, the City Council hereby finds that:

A That any off-street parking areas, screening strips, and other facilities and improvements necessary to secure the purpose and intent of this chapter and the general plan of the City are a part of the proposed development in that the project provides the required on-site parking and invests in the on- and off-site Resolution/ 2805 Bowers Avenue- Use Permit Page 4 of 5
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improvements that includes a sidewalk along the complete street frontage to link the subject site to adjacent uses and site landscaping.

B That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard in that the Project is compatible with existing and planned uses in the project area in terms of proposed use, intensity and scale of development, and building and site design, and the data center use does not generate a significant additional traffic.

C That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this chapter and the general plan of the City in that proposed data center in that the project site is surrounded by industrial uses including the Silicon Valley Power (SVP) Uranium Substation and Vantage data center immediately south of the site and a data center use would not be objectionable or detrimental to the adjacent properties or surrounding industrial sector.

D That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood in that the Project will incorporate mitigation measures specified in the MMRP with Project development and construct the Project in accordance with the California Building Code.

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E That the proposed development, as set forth in the plans and drawings, is consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division office in that the project is consistent with the City’s design guidelines and uses a mix of materials to develop an aesthetically pleasing building.

4. Effective date. This approval is contingent upon the approval of both the General Plan Amendment (GPA) and Use Permit associated with this project by the City Council, and shall not go into effect until the Effective date of the GPA. In the event the Council does not approve either the GPA or the Use Permit, or the GPA or Use Permit do not go into effect, this Resolution shall not take effect.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27TH DAY OF AUGUST 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Development Plans
________________________________________________________________________________ 2805 Bowers Avenue- PLN21-15069
Planning Commission Hearing January 31, 2024