CITY COUNCIL REGULAR MEETING AGENDA PACKET 9-1-26

5298389.1 to implementation and, where required under this Agreement or applicable law, shall obtain City’s prior written approval. The foregoing is intended to reflect the City’s role as project partner and owner of the City Sites. Nothing in this Agreement shall be construed to waive, limit, or supersede any applicable zoning, planning, building, land- use, or other regulatory requirements or any permit or approval required by City or another governmental agency having jurisdiction over the Project. Conversely, any contractual review or approval rights expressly provided to City under this Agreement are separate from and in addition to any regulatory permits or approvals required by applicable law. For design and construction reviews, City shall have fourteen (14) days from delivery of the applicable design, proposal, schedule, or other materials to provide written comments in exception to 65% design and at the 100% design milestone. Zone 7 shall provide such materials sufficiently in advance of the proposed adoption or implementation date to allow City a full fourteen (14)-day review period. City shall provide consolidated written comments within such fourteen (14)-day period. Zone 7 shall seek City’s agreement on Project components such as aesthetics, location, and noise associated with well housing facilities located on City owned property, and Zone 7 shall seek City’s approval prior to approval of the 65% detail design and at the 100% design milestone. Zone 7 shall dedicate a minimum of 45 workdays from the submittal date for community outreach and governing body approval. Zone 7 and City shall work in good faith to resolve material disagreements concerning City comments, and Zone 7 shall not proceed with a disputed design or construction element that would materially affect City Sites, park operations, public access, or park users until the applicable issue has been resolved. 4.6.3 Contracting Party. Zone 7 shall have sole authority and responsibility for entering into a contract(s) with consultants/professionals/contractors to perform services related to Project design and construction phases. 4.6.4 Basis of Design. The Project’s design shall be based on the specifications outlined and discussed in that certain Regional Groundwater Facilities Project Feasibility Study, authored December 2025 by consultant LSCE, including Appendix J - Basis of Design Report (BODR). 4.6.5 Retention of Project Professionals and Contractors. Zone 7 shall develop a request(s) for proposal for the PDB for the Project (“RFPs”) and provide to the City for review prior to release and shall consider City’s comments. Zone 7 shall be solely responsible for the solicitation of bids/responses to the RFPs. Upon receipt of proposals/qualification/bids (“Bids”) in response Page 277 of 344