CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELEC ONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVE RNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC
THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY-ORG.ZOOM.US/J/87559207711 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.
To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.
To Attend the Meeting in Person:
• Location: 620 Foster City Blvd, Foster City, California, 94404
To Provide Public Comment in Person:
• Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until t he staff presentation on an agenda item ends, or until the public comment period on non- agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to:
https://fostercity-org.zoom.us/j/87559207711
• To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 875 5920 7711
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
• During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda
• Include the submitter’s full name (Recommended but not required) 1 Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, May 16, 2022 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring the Week of May 15-21, 2022 as "National Public Works Week"
4.2. A Proclamation Declaring the Week of May 15-21, 2022 as "National Police Week" and May 15, 2022 as "Peace Officers' Memorial Day"
4.3. A Proclamation Recognizing the Anniversary of State Farm Insurance
4.4. A Proclamation Recognizing May 2022 as "Mental Health Month"
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council.
"...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
2 6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Minutes
6.1.1. City/EMID Regular Meeting of May 2, 2022
6.1.2. City/EMID Special Meeting of May 9, 2022
6.2. City/EMID Ordinances for Adoption (First City Ordinance Number to be used tonight is 648)
6.2.1. An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code (First Reading May 9, 2022) a) Adopt Ordinance
6.3. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-48 and EMID Resolution Number to be used tonight is 3646)
6.3.1. A Resolution of the City Council of the City of Foster City Awarding a Sidewalk Repair and Replacement Agreement with Spencon
Construction, Inc., in an Amount Not to Exceed $100,000 Per Year, for a Term of July 1, 2022 Through June 30, 2024
a) Staff Report
b) Adopt Resolution
6.3.2. A Resolution of the City Council of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E. Hillsdale Boulevard to Bounty Drive; the Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Location in Front of the PJCC Campus and Shell Boulevard; the Closure of Vehicular Traffic Flow on E.
Hillsdale Boulevard From Edgewater Boulevard to Foster City Boulevard; the Shell Boulevard Exit From the South Service Road of the PJCC Campus; and the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2022
a) Staff Report
b) Adopt Resolution
3 6.3.3. A Resolution of the City Council of the City of Foster City Approving an Agreement for a Trackless Train Concession with Kiddos ChuChu LLC from June 1, 2022, through December 31, 2024, with Two (2) Optional One (1) Year Extensions
a) Staff Report
b) Adopt Resolution
6.3.4. A Resolution of the City Council of the City of Foster City Directing that the LGBTQ Progress Pride Flag be Flown from June 1, 2022 through June 30, 2022 in Recognition of Pride Month Pursuant to the City Hall Flag Display Policy
a) Staff Report
b) Action - Adopt Resolution
6.3.5. a) A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Agreement with Bartos Architecture, Inc. for Professional On-Call Architectural/Building Services; and b) A Resolution of Board of Directors of the Estero Municipal Improvement District Authorizing the Mayor to Execute a Master Agreement with Bartos Architecture, Inc. for Professional On-Call Architectural/Building Services
c) Staff Report
d) Adopt Resolutions
6.3.6. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
c) Staff Report
d) Adopt Resolutions
6.3.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Sole Source Purchase of Sensus Large Water Meters from Thirkettle Corporation, (Dba Aqua-metric Sales Company) in an Amount Not to Exceed $150,000.00
a) Staff Report
b) Adopt Resolution
4 6.4. City/EMID Other
6.4.1. By Minute Order, Receive and Accept 3rd Quarter Fiscal Year 2021-2022 Financial Update
a) Staff Report
7. NEW BUSINESS
7.1. Interview and Consideration of Appointment of One Member to New Full Term from June 1, 2022 through May 31, 2026 on the Planning Commission.
Applicants listed in Alphabetical Order are: Sirish Bindal, Sam Gill, Gaurav Keswani, Maxwell Kwan, Phoebe Venkat, and Cindy Wang
a) Staff Report
b) Interview Applicants
c) Action – A Resolution of the City Council of the City of Foster City Appointing One Member to the Foster City Planning Commission
8. REPORTS
8.1. Report on Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for January through March 2022 a) Staff Report
b) Action - By Minute Order, Receive and Accept Report
8.2. Levee Protection Planning & Improvements Project (CIP 327-657) Monthly Update
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report
8.3. Report on Development Impact Fees and Commercial Linkage Fees a) Staff Report
b) Action - By Minute Order, Provide Policy Direction
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 28, 2022 and May 5, 2022 and ACH were Processed on May 5, 2022
a) Information Item Only
b) No Action Required
5 10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
11. CLOSED SESSION
11.1. Public Employee Appointment (Government Code §54957) Title: City/District Manager
11.2. Report Out from Closed Session
12. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286-3250 at least 48 hours in advance of the meeting.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs)
City Council meetings on https://www.fostercity.org/community/page/fctv-live-stream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes
6 Proclamation
of the
City of Foster City, California
“National Public Works Week”
May 15-21, 2022
WHEREAS, Public Works services provided in our community are an integral part of our citizens’ everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, sewers, streets and highways, bridges, lagoon management, solid waste collection, storm water pollution prevention, facilities and vehicle maintenance, engineering, and traffic management; and
WHEREAS, many of the workers and services are consider essential, and the health, safety and comfort of this community greatly depends on these facilities and services, and the efforts and skills of dedicated Public Works employees; and
WHEREAS, the Public Works staff work tirelessly behind the scenes to ensure the design, construction, operation and maintenance of these facilities works smoothly without interruptions; and
WHEREAS, 2022 marks the 62
nd annual National Public Works Week.
NOW, THEREFORE, I, RICHA AWASTHI, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, do hereby proclaim May 15 - 21, 2022, as “National Public Works Week” in the City of Foster City and call upon all citizens and civic organizations to acquaint themselves with the Public Works Department and to recognize the contributions which public works personnel make everyday to our health, safety, welfare, comfort, and quality of life in Foster City.
IN WITNESS WHEREOF, I have hereunto set
my hand and have caused the official seal of the
City of Foster City to be affixed this 1 6th day of
May, two thousand twenty-two A.D.
RICHA AWASTHI, MAYOR
7 Proclamation
of the City of Foster City, California
“National Police Week May 15-21, 2022 and
Peace Officers’ Memorial Day May 15, 2022”
WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week of which it falls as National Police Week; and
WHEREAS, the members of the Foster City Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Foster City; and
WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and
WHEREAS, the Foster City Police Department has grown to be a progressive law enforcement agency which unceasingly provides a vital public service; and
WHEREAS, in 2021 the Foster City Police Department received over 6,915 911 calls, handled over 26,241 incidents, made 246 arrests, and resulted in Foster City being identified as the 32nd safest city in California; and
NOW, THEREFORE, I, RICHA AWASTHI , MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, call upon all citizens of Foster City and upon all patriotic, civic and educational organizations to observe the week of May 15 through 21, 2022, as “National Police Week” with appropriate recognition commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.
I FURTHER call upon all citizens of Foster City to observe Sunday, May 15, 202 2, as “ Peace Officers’ Memorial Day ” in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty.
IN WITNESS WHEREOF, I have hereunto set my hand
and have caused the official seal of the City of Foster City to be affixed this 16th day of May, two thousand
twenty-two, A.D.
RICHA AWASTHI, MAYOR
8 Proclamation
of the City of Foster City, California
Recognizing State Farm’s 100th Anniversary
WHEREAS, insurance products and services company State Farm was founded in the United States on June 7, 1922 and is well known today for being a “good neighbor” by “being there” for its customers; and
WHEREAS, State Farm’s mission is to help people manage the risks of everyday life, recover from the unexpected and realize their dreams; and
WHERES, State Farm’s goal is to serve its policyholders and believes its success is built on the shared values of quality service and relationships, mutual trust, integr ity and financial strength; and
WHEREAS, State Farm is celebrating its 100 th anniversary in 2022 and for 100 years, State Farm has helped people manage the risks of everyday life, helped rebuild neighborhoods, invested in communities, and supported education and safety initiatives in our communities; and
WHEREAS, the City of Foster City r ecognizes the positive impact State Farm and its agents have on our community as they have been taking care of customers in California since June 18, 1928; and
WHEREAS, Foster City housed some of the top State Farm agents in the country dating back to the late 60s, as well as three current agents; and
WHEREAS, State Farm has had a presence in the community for over 50 years through its agents as small business owners, employers, and active community members who volunteer and sponsor local sports teams and schools.
NOW, THEREFORE, I, RICHA AWASTHI, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, officially recognize the 100th Anniversary of State Farm and encourage the residents of Foster City to demonstrate what being a good neighbor is about through acts of kindness and making people feel welcome.
IN WITNESS WHEREOF, I have hereunto set my
hand and have caused the official seal of the City
of Foster City to be affixed this six teenth day of
May, two thousand twenty-two, A.D.
RICHA AWASTHI, MAYOR
9 Proclamation
of the
City of Foster City, California
Recognizing May 2022 as
Mental Health Month
WHEREAS, mental health conditions are among the most common health conditions worldwide, and the COVID-19 pandemic has triggered a 25% increase in the prevalence of anxiety and depression - last year, the U.S.
Surgeon General issued a health advisory on the youth mental health crisis that has been further exacerbated by the COVID-19 pandemic; and
WHEREAS, one out of every twenty -four Californians with a serious mental health condition has d ifficulty functioning in everyday life and, if left untreated, those with serious mental health conditions have life expectancies 25 years shorter than the general population; and
WHEREAS, every day, millions of people face stigma related to mental health and substance use conditions and may feel isolated and alone, often going years before receiving any help; and
WHEREAS, mental health and substance use conditions are treatable health condi tions, and people who have mental health and substance use conditions can recover and lead full and meanin gful lives; and
WHEREAS, the 2022 Mental Health Month (MHM) focuses on the theme #SMCTakeAction4MH, encouraging everyone to take actionable steps towards supporting mental wellness; and
WHEREAS, creating a community where everyone feels comf ortable reaching out for the support t hey deserve is crucial to ending the stigma around mental health; and
WHEREAS, with mental health being more important than ever, the San Mateo County Mental Health Month (MHM) Planning Committee and partners have organized activities that our community can participate in throughout the month, including free in-person and virtual events, advocacy days and a social media campaign: updated details at www.SMCMentalHealthMonth.org.
NOW, THEREFORE, I, RICHA AWASTHI, MAYOR OF THE CITY OF FOSTER CITY, ON BEH ALF OF THE CITY COUNCIL, do hereby designate the month of Ma y 2022 as “Mental Health Month” and encourage all citizens of Foster City to recommit to reducing stig ma of and finding support for mental health and substance use conditions.
IN WITNESS WHEREOF, I have hereunto set my hand
and have caused the official seal of the City of Foster City to be affixed this 16th day of May in the year two thousand and twenty-two, A.D.
MAYOR RICHA AWASTHI
10 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 2, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 2, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.
ABSENT: None.
STAFF PRESENT: Edmund Suen, Interim City/District Manager and Finance Director, Ben Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Yelena Cappello, Deputy City Clerk; Vanessa Brannon, Management Analyst; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING MAY 2022 AS "ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH".
Mayor Awasthi presented a proclamation recognizing May 2022 as "Asian American and Pacific Islander Heritage Month" to Wayne Lee, President of the San Mateo API Caucus and Steve Okamoto.
PROCLAMATION RECOGNIZING MAY 2022 AS "JEWISH AMERICAN HERITAGE MONTH".
11 Councilmember Sullivan presented a proclamation recognizing May 2022 as “Jewish American Heritage Month” to Doron Shapira, Cantor of Peninsula Sinai Congregation in Foster City.
PROCLAMATION HONORING RICK WYKOFF FOR HIS SERVICE ON THE PLANNING COMMISSION.
Councilmember Gehani presented a proclamation honoring Rick Wykoff for his service on the Planning Commission to Rick Wykoff.
PUBLIC
The following people addressed the City Council via email regarding geese depredation:
1. Christina DeRespiris;
2. Steve Weiss; and
3. Ann Lee.
The following people addressed the City Council via teleconference regarding geese depredation:
1. Doreen Frega, Animal Protection League of New Jersey; and
2. Erik Allen.
Astrid addressed the City Council via teleconference regarding retaining access to the Mickelson Arthritis and Rehabilitation Center pool for elderly San Mateo County residents.
CONSENT CALENDAR
Motion by Councilmember/Director Sullivan, seconded by Councilmember/Director Hindi, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. Minutes of Regular Meeting of April 18, 2022;
2. Minutes of City Council and Planning Commission Joint Special Meeting of April 21, 2022;
3. City Ordinance No. 647, “An Ordinance of the City of Foster City Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 and Government Code Section 7070 Et Seq. and Approving the Military Equipment Use Policy (First Reading April 18, 2022);”
4. City Resolution No. 2022-43, “A Resolution of the City Council of the City of Foster City Authorizing the Award of Construction Contract to Columbia Electric, Inc. In the Amount of $2,831,134.25 for the New Traffic Signals at Various Locations 12 Project (CIP 301-681); and an Additional Appropriation in the Amount of $356,471 to CIP 301-681;”
5. City Resolution No. 2022-44, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Sign a School Crossing Guard Agreement for the 2022-2023 School Year;” and
6. City Resolution No. 2022-45, “A Resolution of the City Council of the City of Foster City Amending the Policy Statement of the Parks and Recreation Committee to Change the Meeting Location from the Sunfish Room, Foster City Recreation Center, 650 Shell Boulevard to the Conference Room, Council Chambers, 620 Foster City Boulevard.”
NEW BUSINESS
ESTABLISHING A CITIZENS SUSTAINABILITY ADVISORY COMMITTEE. CITY RESOLUTION NO. 2022-46. MINUTE ORDER NO. 1853.
Management Analyst Brannon presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-46, “A Resolution of the City Council of the City of Foster City Establishing the Citizens Sustainability Advisory Committee” with amendments to indicate that all members are voting members, and to stagger membership terms.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1853, appointing Councilmember Hindi as the Liaison and Mayor Awasthi as the Alternate Liaison to the Citizens Sustainability Advisory Committee and updating the Council Liaisons List.
RESOLUTIONS FOR ADOPTION
ADOPTING A PROCLAMATIONS AND CERTIFICATES POLICY. CITY RESOLUTION NO. 2022-47.
Communications Director/City Clerk Schaus presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried by roll call vote, 3-2-0, Vice Mayor Froomin and Councilmember Gehani voted “no”, adopting City Resolution No. 2022-47, “A Resolution of the City Council of the City of Foster City Adopting a Proclamations and Certificates Policy” with amendments to clarify that in the event that a certificate or proclamation request is not approved, the City Manager will 13 route the request to other Councilmembers to determine if there is an interest in issuing the proclamation or certificate.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on April 14, 2022, and ACH were Processed on April 14, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
Interim City/District Manager Suen stated there is a City Council Special Meeting on May 9 regarding the Review of the Preliminary Budget for FY 2022-2023 and the Five-Year Financial Plan for FY 2022-2023 to FY 2026-2027.
Councilmember/Director Sullivan stated he attended the Congestion Management & Environmental Quality Committee (CMEQ) on April 25, and the Airport Land Use Committee meeting on April 28. He also discussed the tragedy of fentanyl poisoning and requested to issue a proclamation on substance abuse awareness.
Councilmember/Director Gehani wished the Muslim community Eid Mubarak. He stated he attended the Commute.org Board of Directors meeting on April 21 and the 2022 San Mateo County Chamber Progress Seminar from April 29-May 1 with Mayor Awasthi and Councilmember Hindi.
Councilmember/Director Hindi stated today commemorates the Eid al-Fitr, an Islamic holiday marking the conclusion of the month of Ramadan. He stated he attended the Housing Endowment and Regional Trust (HEART) board meeting on April 27, Peninsula Clean Energy Board of Directors meeting on April 28, and San Mateo County Chamber Progress Seminar from April 29-May 1 and they discussed topics including ending homelessness, income gap, and education.
RECESS. The meeting recessed at 8:03 p.m. and reconvened at 8:04 p.m.
Vice Mayor/Vice President Froomin requested to agendize a discussion on reforming the campaign finance ordinance for this upcoming election cycle before the end of May.
Councilmember Gehani supported the request. Since an additional Councilmember did not support the request, and the request will not be agendized. Vice Mayor Froomin also requested to agendize a discussion on the City’s sign ordinance. City Attorney Stock stated that his office is working on the sign ordinance; and it will be agendized for City Council consideration in the coming weeks. Vice Mayor Froomin asked that the City Council re-consider the decision to not financially support the Sister City relationship with Inagi City, Japan. Councilmember Gehani supported the request. Since an additional Councilmember did not support the request, the request will not be agendized. Vice 14 Mayor Froomin also requested a review of the process of placing items on the agenda and referenced Municipal Code section 2.80.070. Councilmember Gehani and Councilmember Sullivan supported the agendizing of the item, and it will be agendized at an upcoming meeting.
Mayor/President Awasthi she stated that she attended the 2022 San Mateo County Chamber Progress Seminar. She also stated that Foster City is part of the San Mateo County Mental Health initiative. She also confirmed that if a Councilmember requests an item to be agendized, it will be agendized if there is support from two additional Councilmembers.
CLOSED SESSION
Mayor/President Awasthi recessed the meeting into Closed Session for:
1. Public Employee Appointment (Government Code §54957) Title: City Manager; and
2. Report Out from Closed Session.
Meeting recessed into Closed Session at 8:27 p.m. and reconvened at 9:45 p.m.
City Attorney Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 9:45 p.m.
15 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 9, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of May 9, 2022 was called to order at 6:30 p.m. by Mayor/President Gehani.
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.
ABSENT: None.
STAFF PRESENT: Edmund Suen, Interim City/District Manager and Finance Director, Ben Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director, Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Louis Sun, Frank Fanara, Parks Manager; Tiffany Oren, Recreation Manager; Mimi Lam, Financial Services Manager; Public Works Director; Rob Lasky, IT Manager; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
STUDY SESSION
Mayor/President Awasthi recessed the meeting into Study Session for the Review of the Preliminary Budget for FY 2022-2023 and the Five-Year Financial Plan for FY 2022-2023 to FY 2026-2027.
PRELIMINARY BUDGET FOR FY 2022-2023 AND THE FIVE-YEAR FINANCIAL PLAN FOR FY 2022-2023 TO FY 2026-2027. MINUTE ORDER NO. 1854.
Interim City/District Manager Suen and Interim Deputy City Manager Phan presented the staff report.
Discussion ensued.
16 Motion by Councilmember/Director Froomin, seconded by Councilmember/Director Gehani, and carried unanimously by roll call vote, 5-0-0, Minute Order No. 1854 was adopted, providing policy direction to accept the reports as presented in the Preliminary Budget for FY 2022-2023 and directing staff to incorporate the items from the preliminary budget into the revised preliminary budget for FY 2022-2023 to be considered by the Council/Board on the June 6, 2022 budget public hearing.
Meeting recessed into study session at 6:32 p.m. and reconvened at 9:19 p.m.
ORDINANCES FOR INTRODUCTION
ADDING CHAPTER 5.73 (MINIMUM WAGE) TO THE FOSTER CITY MUNICIPAL CODE Councilmember Gehani recused himself due a conflict of interest because he owns a business within Foster City.
Interim Deputy City Manager Phan presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, 3- 0-1, Councilmember Froomin abstained, to introduce “An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code” by title and waive further reading.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, Councilmember Froomin abstained, to introduce “An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code” to second reading.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 9:26 p.m.
17 ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY ADDING CHAPTER 5.73 (MINIMUM
WAGE) TO THE FOSTER CITY MUNICIPAL CODE
CITY OF FOSTER CITY
WHEREAS, the State of California has enacted a minimum wage that reached $15.00 per hour in January of 2022; and
WHEREAS, recognizing the higher cost of living on the Peninsula and in an effort to support the stability of the community and economic security of local workers, the City Council of the City of Foster City wishes to enact a citywide minimum wage to reach no less than $15.75 per hour starting July 1, 2022, followed by $16.50 per hour by January 1, 2023, with increases occurring on January 1 thereafter based on the Regional Consumer Price Index not to exceed three percent (3.0%); and
WHEREAS, the City of Foster City may adopt a higher minimum wage pursuant to the powers vested in the City under the laws and Constitution of the State of California including but not limited to the police powers vested in the City pursuant to Article XI, Section 7, of the California Constitution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to adopt a new Chapter 5.73 of the Foster City Municipal Code to provide a minimum wage of $15.75 per hour starting July 1, 2022 and a minimum wage of $16.50 per hour on January 1, 2023, and increases on January 1 thereafter based on the Regional Consumer Price Index, not to exceed three percent (3.0%).
Section 2. Adding Chapter 5.73 to the Foster City Municipal Code . Chapter 5.73 “Minimum Wage” is added the Foster City Municipal Code to read as follows:
“Chapter 5.73
MINIMUM WAGE
SECTIONS
5.73.010 Definitions.
5.73.020 Minimum Wage.
18 5.73.030 Notice and Posting.
5.73.040 Implementation.
5.73.050 Enforcement.
5.73.060 Waiver through Collective Bargaining.
5.73.070 No Pre-Emption of Higher Standards.
5.73.080 Federal or State Funding.
5.73.010 Definitions.
As used in this Chapter, the following terms shall have the following meanings:
A. “ Calendar week” shall mean a period of seven consecutive days starting on Sunday.
B. “ City” shall mean the City of Foster City.
C. “ Employee” shall mean any person who in a Calendar Week performs at least two (2) hours of work for an Employer within the geographic boundaries of the City, and qualifies as an employee entitled to payment of a minimum wage from any Employer under the California Minimum Wage law, as provided under Secti on 1197 of the California Labor Code and wage orders published by the State of California Industrial Welfare Commission. Employees shall include Learners, as defined by the California Industrial Welfare Commission.
D. “ Employer” shall mean any person ( including a natural person, corporation, non- profit corporation, general partnership, limited partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign), who receives or holds a business license from the City, and who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any Employee.
E. “Minimum Wage” shall have the meaning set forth in Section 5.73.020 of this Chapter.
19 5.73.020 Minimum Wage.
A. Employers shall pay Employees no less than the Minimum Wage for each hour worked within the geographic boundaries of the City.
B. The Minimum Wage paid shall be as follows: Beginning July 1, 2022, the Minimum Wage shall be an hourly rate of $15 .75 and beginning January 1, 2023, the Minimum Wage shall be an hourly rate of $16.50.
C. Beginning on January 1, 2024, and each January thereafter, the minimum wage shall increase by an amount corresponding to the prior year’s increase, if any, in the cost of living, not to exceed three percent (3.0%). The prior year’s increase in the cost of living shall be measured by the percentage increase, if any, as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-Hayward, CA for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency. The change shall be calculated by using the August to August change in the CPI to calculate the annual increase, if any. A decrease in the CPI shall not result in a decrease in the minimum wage.
D. An Employee who is a Learner, as defined by California Industrial Welfare Commission Order No. 4- 2001, shall be paid no less than 85 percent of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage rate.
E. An Employer may not deduct an amount from wages due an Employee on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as a part of, the wages due the Employee from the Employer.
5.73.030 Notice and Posting.
A. By December 1 of each year, the City shal l publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, to take effect January 1 of the following year. In conjunction with this bulletin, the City shall, by December 1 of each year, publish and make available to Employers, in English and other languages as provided in any implementing regulations, a notice suitable for posting by Employers in the workplace informing Employees of the current Minimum Wage rate and of their rights under this Chapter.
B. Each Employer shall give written notification to each current Employee, and to each new Employee at time of hire, of his/her/their rights under this Chapter. The notification shall be in English and other languages as provided in any implementing regulations, and shall also be posted prominently in areas at the work site where it will be seen by all Employees. Every Employer shall also provide each Employee, at the time of hire, with the Employer’s name, address, and telephone number in writing. Failure to post such notice shall constitute a violation 20 of th is Municipal Code. The City is authorized to prepare sample notices and Employers’ use of such notices shall constitute compliance with this subsection.
5.73.040 Implementation.
City may promulgate regulations for the implementation and enforcement of this Chapter.
Any regulation promulgated by City shall have the force and effect of law and may be relied on by Employers, Employees and other parties to determine their rights and responsibilities under this Chapter. Any regulations may establish procedures for ensuring fair, efficient and cost -effective implementation of this Chapter, including supplementary procedures for informing Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administrative hearings or determining whether an Employer has violated the requirements of this Chapter.
5.73.050 Enforcement.
A. Enforcement by the City. City may take any enforcement action set forth in Title 1 of this Municipal Code to address violations of this Chapter. Alternatively, City may elect to contract for enforcement services with a third party. If City elects to enter into such a contract, the City shall provide public, written procedures for such enforcement and any such enforcement shall be consistent with the due process rights established by Title 1 of this Code and relevant law.
B. Private Rights of Action. An Employee claiming harm from a violation of this Chapter may bring an action against the Employer in court to enforce the provisions of this Chapter and shall be entitled to all remedies available to correct any violation of this Chapter, including but not limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided herein. An Employee who is a prevailing party in an action to enforce this Chapter is entitled to an award of reasonable attorney fees, witness fees, and costs.
C. Remedies.
1) The remedies for violation of this Chapter include but are not limited to:
(A) Reinstatement, the payment of back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of $50 to each Employee whose rights under this Chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Code or state law.
21 (B) Interest on all due and unpaid wages at the rate of interest specified in subdivision ( b) of Section 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date the wages are paid in full.
(C) Reimbursement of the City’s administrative costs of enforcement and reasonable attorney fees.
(D) The City may require the Employer to pay an additional sum as a civil penalty in the amount of $50 to the City for each Employee or person whose rights, under this Chapter, were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Code or state law, where there has been a previous violation of this Chapter. 2) The remedies, penalties and procedures provided under this Chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address violations of this Chapter. Actions taken pursuant to this Chapter shall not prejudice or adversely affect any other action, administrative or judicial, that may be brought to abate a violation or to seek compensation for damages suffered.
D. Retaliation Barred.
1) An Employer shall not discharge, reduce the compensation or otherwise retaliate against any Employee for making a complaint to the City, participating in any of the City’ s proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this Chapter. Within 120 days of an Employer being notified of such activity, it shall be unlawful for the Employer to discharge any Employee who engaged in such activity unless the Employer has clear and convincing evidence of just cause for such discharge.
2) No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the wage rate paid to any Employee, nor by increasing charges to them for parking, meals, uniforms or other items, nor by reducing the citation or other non-wage benefits of any such Employee, except to the extent such prohibition would be pre- empted by the Federal Employee Retirement Income Security Act.
E. Retention of Records . Each Employer shall maintain for at least three years for each Employee, a record of his or her name, hours worked and pay rate. Each 22 Employer shall provide each Employee a copy of the records relating to s uch Employee upon the Employee’s reasonable request.
5.73.060 Waiver through Collective Bargaining.
The provisions of this Chapter may be waived in whole or in part with respect to employees covered under a collective bargaining agreement if all of the following circumstances apply: (a) Both parties to the collective bargaining agreement agree in writing to such waiver in whole or in part; and (b) the collective bargaining agreement contains provisions which specifically allow waivers of municipal minimum wage rates in excess of the contractually required wage rates for any group or groups of covered employees.
5.73.070 No Pre-Emption of Higher Standards.
The purpose of this Chapter is to ensure minimum labor standards. This Chapter does not preempt or prevent the establishment of superior employment standards ( including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the City. This Chapter shall not be construed to limit a discharged Employee’s right to bring a common law cause of action for wrongful termination.
5.73.080 Federal or State Funding.
This Chapter shall not be applied to the extent it will cause the loss of any federal or State funding of City activities.
Section 3. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
23 Section 4. Environmental Determination.
The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.
Section 5. Publication.
This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Foster City, and shall be in full force and effect at a minimum thirty (30) days after its final passage.
Section 6. Effective Date.
This Ordinance shall take effect and be in force starting on July 1, 2022, which is forty - six (46) days from and after its adoption.
Section 7. Posting.
Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.
24 This Ordinance was introduced and read on the 9th day of May, 2022, and passed and adopted on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
25 DATE: May 16, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Louis Sun, Public Works Director
Allen Smith, Public Works Maintenance Manager
SUBJECT: AGREEMENT WITH SPENCON CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $100,000 PER YEAR FOR
SIDEWALK REPAIR AND REPLACEMENT FOR A TERM OF
JULY 1, 2022, THROUGH JUNE 30, 2024
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution awarding an agreement with SpenCon Construction, Inc. in an amount not to exceed $100,000 per year for sidewalk repair and replacement from July 1, 2022 through June 30, 2024.
EXECUTIVE SUMMARY
The City utilizes an on-call concrete contractor for the repair and replacement of sidewalks, curbs and gutters, installation of curb ramps, and other concrete work throughout the City. On March 21, 2022, the City Council authorized issuing a Request for Proposals (RFP) for these services.
Three firms provided “per unit” pricing for 13 types of concrete services in response to the RFP. In order to evaluate the proposals, an estimated number of units of each type of services was included in the RFP. Based on the per unit price for the estimated units, SpenCon Construction, Inc., provided the lowest, responsive and responsible bid.
26 BACKGROUND
The City’s Comprehensive Sidewalk Maintenance Program, which has been in effect since May 3, 2010, establishes guidelines for addressing all aspects of sidewalk repair in compliance with the provisions of the following governing documents:
California Streets and Highways Code Sections 5600-5630 (the Code), which states that it is property owners’ responsibility to maintain the sidewalks located adjacent to their properties; and
Foster City Municipal Code Chapter 11.08, which details property owners’ liabilities for injuries or damages suffered by members of the public using sidewalks that are not maintained
The program consists of the following two City policies:
1. Public Sidewalk Maintenance Policy (Resolution No. 2010-3, Approved on January 4, 2010): Outlines the manner in which the City will repair and maintain sidewalks that are located adjacent to publicly owned properties, such as City buildings and parks. It addresses sidewalk repair elements such as inspection frequency, criteria for mitigation action, and determination of responsibility for repairs.
2. Private Sidewalk Maintenance Policy (Resolution No. 2017-58, Approved on July 17, 2017): Outlines the methods by which the City notifies private property owners of their responsibilities for maintaining sidewalks located adjacent to their properties, including notification and inspection, enforcement, and determination of whether the responsibilities for the repairs are public or private. If property owners do not complete the repairs within a specified timeframe, the City may perform the repairs and assess the costs of the repairs to the owners.
In addition to sidewalk maintenance, the City utilizes an on-call concrete contractor for the repair and replacement of curbs and gutters, installation of curb ramps, and other miscellaneous concrete work throughout the City on an on-going basis. The City has contracted for sidewalk maintenance and installation services for over 10 years. By bundling many locations together contractors can effectively mobilize, the cost per square foot is competitive, work can be completed with a speed and accuracy that minimizes the impact on residents, and City staff can be better utilized to focus on other maintenance issues.
27 In January 2020, the City issued a Request for Proposals (RFP) for an on-call concrete contractor. Only one proposal was received, which was three times the previous cost. Staff rejected the proposal and has been performing the most pressing concrete repairs in-house as needed. On March 21, 2022, the City Council authorized once again issuing an RFP for these services.
ANALYSIS
Since the RFP was for on-call services, and not a specified scope of work, it asked for “per unit” pricing for 13 types of concrete services. In order to evaluate the proposals, an estimated number of units of each type of services was included in the RFP. In this way, the City had the ability to compare the overall pricing between potential vendors. Three proposals were received by the due date. SpenCon Construction provided the lowest overall responsible and responsive proposal as shown below:
Proposal Amount Contractor
$406,325.00 SpenCon Construction, Inc. $530,207.00 Golden Bay Construction, Inc. $537,831.20 J.R.R. Construction, Inc.
Staff has worked with SpenCon Construction in the past and has found their staff and work to be of acceptable quality. Staff recommends awarding the contract to SpenCon Construction for Fiscal Year 2022-2023 and Fiscal Year 2023-2024.
FISCAL IMPACT
Because services are utilized “on-call” and as needed, the exact expenditure amount is not defined. However, the contract provides that the work shall be performed at the specified rates and charges up to a guaranteed not-to- exceed amount of $100,000 per year for the two-year contract term. Staff will prioritize the work within the budgeted scope. Funding has been included in the FY 2022-2023 Preliminary Budget for this work.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
Active management of the Sidewalk Replacement and Repair program is in alignment with the City Council’s “Facilities and Infrastructure” Value/Priority Area as the key outcome is to minimize trip and fall hazards and maintain the quality and appearance of the City’s sidewalks.
28 Attachments:
Attachment 1 – Resolution
Attachment 2 – Agreement
29 RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AWARDING
A SIDEWALK REPAIR AND REPLACEMENT AGREEMENT WITH SPENCON CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED $100,000 PER YEAR, FOR A TERM OF JULY 1, 2022, THROUGH JUNE 30, 2024
CITY OF FOSTER CITY
WHEREAS, the City’s Public and Private Sidewalk Maintenance Policies constitute its Comprehensive Sidewalk Maintenance Program, which has been in existence since May 3, 2010; and
WHEREAS, the program fulfills an important role, by enabling the City to perform the necessary repairs and replacements of sidewalk, curb and gutter, and curb ramps in an expeditious and cost-effective manner; and
WHEREAS, the City relies upon on-call contractors to provide concrete work for the Sidewalk Repair/Replacement Program and for the repair and replacement of curbs and gutters, installation of curb ramps, and other miscellaneous concrete work throughout the City; and
WHEREAS, the City issued a Request for Proposals for Sidewalk Repair and Replacement (2022-2024) on March 21, 2022, and three proposals were received by the deadline; and
WHEREAS, SpenCon Construction, Inc. provided the lowest responsible and responsive proposal and has performed acceptable work for the City under previous agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby award a sidewalk repair and replacement agreement dated May 16, 2022 with SpenCon Construction, Inc., in an amount not to exceed $100,000 per year, for a term of July 1, 2022, through June 30, 2024.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute an agreement with SpenCon Construction, Inc., in an amount not to exceed $100,000 per year for a term of July 1, 2022 through June 30, 2024 for a total maximum not to exceed amount of $200,000 in a form approved by the City Attorney. 30 PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held May 16, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
RICHA AWASTHI, MAYOR
ATTEST:
________________________________
PRISCILLA SCHAUS, CITY CLERK
31 Contract Services Agreement 00 5205 00 5205 -1
Sidewalk Repair & Replacement (2022-2024)
DOCUMENT 00 5205
CITY OF FOSTER CITY
610 Foster City Boulevard, Foster City, CA 94404
CONSTRUCTION SERVICES AGREEMENT
SIDEWALK REPAIR & REPLACEMENT (2022-2024)
DATE:
1.IDENTIFICATION OF CONTRACTOR:
CONTRACTOR: SpenCon Construction
LICENSE NO:820205
2.SCOPE OF THE WORK
See Scope of Work attached as Appendix A.
3.COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) shall not exceed $100,000 per year, to be paid as (check one): (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $100,000 per year during the two (2) year contract period. All payments (check one): shall shall not be subject to a five percent (5%) retention on each work order issued under this contract.
4.SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:
Work is issued to the Contractor as a Work Order on an as-needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of the commencement of work. Work shall commence within fourteen (14) calendars days of notification by the City.
The City does not guarantee a minimum number of Work Orders issued or the dollar amount of work to be performed.
4.01Liquidated Damage Amounts.
A.Once work is started on any given work order, work must be completed within thirty (30) calendar days. For each calendar day in excess of the time specified for completion of the work, the Contractor shall pay to the City, or have withheld from monies due, the sum of $ 100.00 (One Hundred and 00/100 Dollars) per calendar day until the work is complete. 32 Contract Services Agreement 00 5205 00 5205 -2
Sidewalk Repair & Replacement (2022-2024)
B.$100 per calendar day in liquidated damages will also be assessed for each calendar day exceeding seven (7) calendar days between removal and replacement of concrete in any location.
C.For all work, once the City notifies the contractor, work must commence within fourteen (14) calendar days. For each calendar day in excess of the time specified for commencement of work, the Contractor shall pay to the City, or have withheld from monies due, the sum of $ 50.00 (Fifty and 00/100 Dollars) per calendar day until the work is commenced.
4.02Scope of Liquidated Damages
A.Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
B.Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.
C.Should the Contractor fail to complete all or any portion of the work within the specified time or within such extra time as may be allowed for delays by formal extensions granted by the City, deductions as set forth above will be made from the Contractor's earnings for the time that the work remains incomplete after the time set for its completion.
D.After the specified or formally extended completion of time, no time extension will be granted for delays caused by climatic conditions.
5.TERMS AND CONDITIONS.
5.01Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):
Appendix A – Scope of Work
Appendix B – General Conditions
Appendix C – Insurance
Appendix D – Construction Performance Bond
Appendix E – Construction Labor and Materials Payment Bond Appendix F – Supplemental Conditions
Division 1 General and Technical Requirements
5.02The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with 33 Contract Services Agreement 00 5205 00 5205 -3
Sidewalk Repair & Replacement (2022-2024)
this Agreement or the Work described herein shall be null and void and shall have no force or effect.
5.03Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon to:
City of Foster City,
Greg Baeza
100 Lincoln Centre Drive
Foster City, CA 94404
CONTRACTOR: OWNER: City of Foster City
________________________________ _____________________________ Signature Signature
________________________________ ______________________________ Print Name & Title Richa Awasthi, Mayor
_________________________________ ______________________________ Date Date
34 Contract Services Agreement 00 5205 00 5205 -4
Sidewalk Repair & Replacement (2022-2024)
Appendix A to Construction Services Agreement
SCOPE OF WORK
PART 1 - GENERAL
This section includes specifications related to the scope of work.
1.01 WORK DESCRIPTION
The work to be performed, in general, consists of removing and replacing damaged sections of existing concrete sidewalk, curb, gutter, curb ramp, and driveway; asphalt concrete pavement tie-in; curb inlet replacements and minor concrete repair surrounding curb inlet replacements. The work shall include traffic control, saw cutting, excavation, backfilling, compaction, installation of root barriers, asphalt patching, asphalt conforms adjacent to new gutters, and clearing and grubbing.
1.02 LOCATION OF WORK
Locations of work will be throughout the City of Foster City.
1.03 ORDER OF WORK
The Contractor is not authorized to perform any work until written direction is provided by the City.
The notification to commence work will not be issued until the contract has been properly executed, bonds are furnished and approved, and insurance certificates have been submitted and approved.
Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly agrees that the Contractor has taken into consideration and made allowance for all ordinary delays and hindrances to the work to be performed and that the Contractor will complete the work within the specified time.
Work to be issued to the Contractor as a Work Order on an as-needed basis during the two (2) year contract period. Each Work Order will identity the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of the commencement of work. Work shall commence within fourteen (14) calendar days of notification by the City.
The City does not guarantee a minimum number of Work Orders issued or the dollar amount of work to be performed.
The City will issue work orders to the Contractor to perform repair/replacement of sections of sidewalk or lengths of curb or gutter, or perform other concrete repairs as listed in Proposal Schedule at one or more locations during the term of the contract. While there will be no minimum quantities for work, the City will use its best efforts to ensure that the work order contains no less than one thousand (1,000) square feet of sidewalk, two 35 Contract Services Agreement 00 5205 00 5205 -5
Sidewalk Repair & Replacement (2022-2024)
hundred (200) linear feet of curb and gutter and four (4) curb ramps. The City will also use its best efforts to group work so that a minimum length of curb and gutter to be replaced would be five (5) lineal feet and sidewalk would be twenty five (25) square feet. The quantities may not be continuous sections. Instead, they may be the sum total of small sections of various streets.
All work performed shall be measured and paid for based on the contract unit prices listed in Proposal Schedule.
1.04 DURATION OF CONTRACT
The Sidewalk Repair & Replacement (2022-2024) will be for a contract period of two (2) years. The contract start date will be determined after approval of the agreement by the Foster City City Council. The target date for Council approval is May 16, 2022.
1.05 CHANGES IN WORK
The City shall have the right to make changes to the plans and/or specifications and the Contractor shall perform the work as changed.
No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event more repair locations are added or deleted from the scheduled maintenance program.
Increase or decrease in quantities due to differences between the proposal quantities for any item and the actual constructed quantities as measured in the field shall not be considered as change in the scope of work.
1.06 USA MARKER REMOVAL
It shall be the Contractor’s responsibility to remove all underground utility markings after construction is complete. The cost for removal of utility markings shall be included in various items of work and no additional compensation shall be allowed.
1.07 NOTIFICATIONS
The Contractor shall notify the occupants of properties affected by the work. Notification shall be by delivery of handbills to be prepared and furnished by the Contractor. Handbills shall be distributed 7 calendar days prior to the commencement of work. The handbills shall contain information regarding the work, dates and hours of the work to be clearly identified.
A copy of the handbill shall be submitted to the City for review and approval 7 calendar days prior to distribution.
36 Contract Services Agreement 00 5205 00 5205 -6
Sidewalk Repair & Replacement (2022-2024)
Appendix B to Construction Services Agreement
GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.
1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.
1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof.
Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.
ARTICLE 2 LEGAL AND MISCELLANEOUS
2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty (30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement.
Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other 37 Contract Services Agreement 00 5205 00 5205 -7
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evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.
2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner’s responsibility.
2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’s obligations to defend, indemnify, and save harmless the Owner are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where 38 Contract Services Agreement 00 5205 00 5205 -8
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Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.
2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.
2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.
2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00 (one thousand dollars). Copies of the prevailing rate of per diem wages are on file at Owner’s principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 (if applicable) and 1776, including (if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the 39 Contract Services Agreement 00 5205 00 5205 -9
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Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
2.09 Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
2.10 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.
2.11 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.
A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond, and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond. Contractor may not substitute cash in lieu of the required bond(s).
B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).
2.12 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, 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, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for proposing.
2.13 Protection Of Work, Persons, And Property
A. Contractor shall be responsible for initiating, maintaining and supervising all safety and site security precautions and programs in connection with Work, and shall develop and 40 Contract Services Agreement 00 5205 00 5205 -10
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implement a site security and safety plan throughout construction. Contractor shall comply with all safety requirements specified in any safety program established by Owner, or required by state, federal or local laws and ordinances. Contractor shall be responsible for all theft or damage to Work, property or structures, and all injuries to persons, either on the Site or constituting the Work (e.g., materials in transit), arising from the performance of Work of the Contract Documents from a cause.
B. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection.
Contractor shall notify Owners of adjacent property and of Underground Facilities and utility Owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.
C. Contractor shall remedy all damage, injury or loss to any property referred to above in this Article, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable.
Contractor’s duties and responsibility for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. Owner and its agents do not assume any responsibility for collecting any indemnity from any person or persons causing damage to Contractor’s Work.
D. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.
E. Owner may, at its option, retain such moneys due under the Contract Documents as Owner deems necessary until any and all suits or claims against Contractor for injury to persons or property shall be settled and Owner receives satisfactory evidence to that effect.
F. Work within the right-of-way lines of the city and/or Owner and/or State shall be done in accordance with the standards and specifications of the controlling agency. Permit for such work shall be obtained and paid for by the Contractor before executing the work within such right-of-ways.
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Appendix C to Construction Services Agreement
INSURANCE
1.Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $1,000,000 general aggregate and $1,000,000 each occurrence, subject to a deductible of not more than $1,000 payable by Contractor.
2.Business Automobile Liability Insurance with limits not less than $1,000,000 each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $1,000 payable by Contractor.
3.Workers’ Compensation Employers’ Liability limits not less than $1,000,000 each accident, $1,000,000 per disease and $1,000,000 aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Foster City, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self- insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.
4.Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $10,000 for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.
5.Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner as an additional insured. The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
6.In addition to any provisions required in clauses 1-5 above, insurance policies in Appendix C shall contain an endorsement containing the following terms (excluding Workers Compensation insurance with respect to paragraph 6.01 below):
6.01City of Foster City, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.
6.02The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
6.03Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof. 42 Contract Services Agreement 00 5205 00 5205 -12
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6.04Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.
7.Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 6.03 above.
8.All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of A-, VII or better.
Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.
9.The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Owner, to the extent required by this Agreement, before the Owner’s insurance or self-insurance may be called upon to protect Owner as a named insured.
10.All self-insured retentions (SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/named insured or Owner.
11.Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.
12.Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, Owner at its sole discretion may purchase the coverage required and the cost will be paid by Contractor. 43 Contract Services Agreement 00 5205 00 5205 -13
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Appendix D to Construction Services Agreement
CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1.THAT WHEREAS, City of Foster City/Estero Municipal Improvement District, a general law City and municipal corporation of the State of California (Owner) has awarded to (Name of Contractor)____________________________ as Principal a Construction Services Agreement dated the ___________ day of ___________, 20___ (Agreement), titled SIDEWALK REPAIR & REPLACEMENT (2022-2024) in the amount of $______________, which Agreement is by this reference made a part hereof, for the work described as follows:
Providing all labor, material, and equipment necessary to perform all work detailed in all work orders issued under this contract.
2.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;
3.NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
4.THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.
5.No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.
6.Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:
6.01Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or
6.02Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged 44 Contract Services Agreement 00 5205 00 5205 -14
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under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.
7.Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.
8.No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.
9.Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.
10.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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Appendix E to Construction Services Agreement
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
1.THAT WHEREAS, the City of Foster City/Estero Municipal Improvement District, a general law City and municipal corporation of the State of California (Owner) has awarded to (Name of Contractor) _________________ as Principal a Construction Services Agreement, dated the ___________ day of ______________, 20 ____ (Agreement), titled SIDEWALK REPAIR & REPLACEMENT (2022-2024) located at Foster City, CA in the amount of $_____________________________, which Agreement is by this reference made a part hereof, for the work described as follows:
Providing all labor, material, and equipment necessary to perform all work detailed in all work orders issued under this contract.
2.AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
3.NOW, THEREFORE, we, the undersigned Principal and
______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
4.THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
5.This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
6.Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.
7.Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly 46 Contract Services Agreement 00 5205 00 5205 -16
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and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
8.Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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Appendix F to Construction Services Agreement
SUPPLEMENTAL CONDITIONS
PART 1 - GENERAL
1.1 DEFINITIONS
Wherever in the specifications and other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:
A. City/District or Owner: The City of Foster City/Estero Municipal Improvement District.
B. Council: The City Council of the City of Foster City.
C. Board of Directors: The Board of Directors of the Estero Municipal Improvement District.
D. Proposer: Any individual, partnership, joint venture, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
E. Contractor: The individual, partnership, joint venture, or corporation with whom the contract is made by the City/District.
F. Engineer: The City/District Engineer acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. See Paragraph 1.8 regarding the authority of the Engineer.
G. Manager: The City Manager or District Manager of the City of Foster City/Estero Municipal Improvement District.
H. Days: Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.
1.2 TRANSFER OF INTEREST
No interest in the contract shall be transferred to any other party without permission of the City/District.
1.3 WORKING HOURS
A. Work or activity of any kind shall be limited to the hours from 8:00 AM to 4:00 PM, Monday through Friday, except as otherwise stipulated in the contract documents.
Work hours shall be limited to 9:00 AM to 3:30 PM on all Boulevards.
B. Work in excess of eight hours per day, on Saturdays, on Sundays, or on City/District holidays requires prior consent of the Engineer and is subject to Cost of Overtime Construction Inspection.
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C. City/District holidays are:
New Year’s Day
Martin Luther King's Birthday
Presidents’ Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day and following Friday
Christmas Eve
Christmas Day
New Year's Eve
1.4 SUBCONTRACTORS
A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City/District and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby. Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer's opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor's work.
B. Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City/District. The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.
C. The Contractor shall be considered the employer of and as fully responsible to the City/District for the acts and omissions of subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor.
D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material personnel engaged upon the Contractor's work. It shall be the Contractor's duty to see that all of the subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers is made good by them or by the Contractor at the Contractor's expense.
E. The City/District will not undertake to settle differences between the Contractor and their subcontractors or between subcontractors.
F. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City/District, on those parts of the work which are specified to be performed by specialty contractors.
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CHANGES
A. General:
The City/District reserves the right to make such alterations, deviations, additions to or deletions from the drawings and specifications, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the Engineer to be necessary or advisable for proper completion or construction of the whole work contemplated.
Work will be issued to the Contractor as a Work Order on an as-needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of commencement of work.
B. Increases or Decreases in Unit Price Quantities:
1. Increased or Decreased Quantities:
Increases or decreases in the quantity of a contract item of work will be determined by comparing the quantity of work as listed in the proposal schedule with the actual quantity of work performed by the Contractor, as measured by the Engineer. The City shall have the right to make changes in the plans and/or specifications and the Contractor shall perform the work as changed.
No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event the number of repair locations are increased or decreased from the scheduled maintenance program. All work performed shall be measured and paid based on the contract unit price included in the proposal schedule.
2. Eliminated Items:
a. The City of Foster City reserves the right to eliminate any of the scheduled work. The unit price shall not be subject to change based on the deletion of work.
Should any contract item of the work be eliminated in its entirety, unless otherwise provided for in the contract, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
a. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City/District and 50 Contract Services Agreement 00 5205 00 5205 -20
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the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. Written documentation of costs of cancellation or return must be submitted.
b. The actual costs or charges to be paid by the City/District to the Contractor as provided in this section will be computed based on the unit prices listed in the Proposal Schedule.
C. Protest Procedure (Change Orders):
1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.
2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.
3. When the protest concerning an approved work order relates to the adjustment of contract time for the completion of the work, the time to be allowed will be determined as provided in Paragraph 1.15 of this section.
D. Extra Work:
Extra work will not be paid for unless ordered in writing by the Engineer. When authorized, extra work will be paid for in accordance with the Proposal Schedule or by a negotiated adjustment.
E. REPORTING, INVOICING, AND PAYMENT
1. All work shall be reported monthly upon Total Work Order Sheets furnished by the Engineer to the Contractor and signed by both parties, which monthly reports shall thereafter be considered the true record of work done.
2. Contractor shall submit a record of work completed with each payment request.
Record of work shall include detailed invoices. Those not so detailed will not be processed for payment until details are furnished.
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3. Completed work shall be paid for on a monthly basis by Contract Change Order.
1.5 COST OF OVERTIME CONSTRUCTION INSPECTION
Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City/District at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City/District personnel will be as shown in the currently adopted rate schedule, available at the Public Works office.
There will be no charges for the inspection of overtime work ordered by the Engineer.
1.6 CHANGES AT THE CONTRACTOR'S REQUEST
If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply strictly with this Specification and applies in writing for a modification of the requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work and if without additional cost to the City/District. The Contractor's written request for deviation shall be submitted prior to the start of affected work with enough time allowed to give the Engineer a reasonable review period. Only written authorization from the Engineer will permit deviations from the specifications.
1.7 AUTHORITY OF THE ENGINEER
A. On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of contractors performing related work, the decision of the Engineer shall be final and binding upon both parties, except in the case of gross error.
B. The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.
C. Authority and Duties of Engineer's Field Representatives:
1. Field representatives of the Engineer may be stationed on the project site to report to the Engineer as to the progress of the work, the manner in which it is being performed, and to report whenever it appears that material furnished and work performed by the Contractor fail to fulfill the requirements of the contract documents. The representative may direct the attention of the Contractor to such failure or infringement but such construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction in a safe and satisfactory manner in every particular.
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the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer's field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents. Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.
1.8 INSPECTION BY CITY/DISTRICT, QUALITY ASSURANCE BY CONTRACTOR,
TESTING
A. All materials furnished and work done under this contract will be subject to inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer. Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.
B. Quality control of the work to ensure compliance with the contract documents is the responsibility of the Contractor. Testing and inspection of the work, or the lack thereof, by the City/District does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents.
C. The Engineer may perform or have the Contractor perform tests of material and equipment to demonstrate compliance with the contract documents. If such tests were not required to be performed by the Contractor by the contract documents, the cost of testing will be paid for by the City/District when tests show that materials or equipment comply with the contract documents, and shall be paid for by the Contractor when tests show that materials or equipment fail to comply with the contract documents.
1.9 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as the Engineer may desire respecting the character of the materials and the progress and manner of work, including information necessary to determine its costs, such as the number of personnel employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.
1.10 SUPERINTENDENCE
A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.
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and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. The superintendent or foreman in charge shall be deemed to be the authorized representative of the Contractor and accepts such orders on behalf of the Contractor.
1.11 SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto.
Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.
1.12 LINES, GRADES, AND MEASUREMENTS
All lines and grades shall be established by the Contractor. The cost of surveying to establish lines and grades shall be included in the various items of work and no separate payments will be made.
1.13 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City/District.
B. The City/District will provide the appropriate rights of way and property for pipelines and structures. The Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor's use of City/District property.
C. In case areas in addition to those available on the City/District's right of way or property are required by the Contractor for the Contractor's operations, the Contractor shall make arrangements with the property owners for the use of such additional areas at the Contractor's own expense.
1.14 DELAYS AND EXTENSION OF TIME
A. If any delay having a direct effect on the work is caused by factors within the Contractor's control, it is non-excusable and the Contractor will not be entitled to compensation for damages resulting directly or indirectly therefrom, or for any extension of time.
B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the "Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar days from the beginning of any such delay. In such event the Contractor shall be entitled to time only. Additional costs incurred 54 Contract Services Agreement 00 5205 00 5205 -24
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because of the delay will be paid for by the Contractor at no additional cost to the City/District.
1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day-for-day extension of time will be given for each day the rainfall is in excess of 0.1 inch of rain when the total number of rainy days (0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.
Normal number of rain days for which rainfall has exceeded 0.1 inches for the 10- year period from 2010 to 2019 is as follows:
Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec.
5 7 7 3 1 1 0 0 0 2 5 6
C. If any delay having a direct effect on the work is caused by the specific orders of the Engineer to stop work, or by the performance of extra work ordered by the Engineer, or by failure of the City/District to provide material, or necessary instructions for carrying on the work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility, such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and may entitle the Contractor to damages resulting directly from any of the causes of delay hereinabove specified or from delays or hindrances to the work, provided that the Contractor has taken reasonable precautions to prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 10 calendar days from the beginning of any such delay.
C. When a Contractor experiences two concurrent delays, one compensable and the other non-compensable, no compensation other than time extensions will be allowed.
E. An extension of time must be approved by the Engineer to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the contract.
1.15 CLIMATIC CONDITIONS
The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions. In such event the Contractor shall be entitled to time only.
Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City/District. When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order.
1.16 ROADS AND FENCES
Roads subject to interference from the work covered by this contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.
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1.17 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City/District, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, the Contractor's agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions, processes, equipment, articles, materials, supplies, or appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor's expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City/District, its officers, agents, servants, and employees, or any of them, to use such inventions, processes, equipment, articles, materials, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City/District may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City/District, or recover any amount thereof from the Contractor and the Contractor's surety, notwithstanding final payment under this contract may have been made.
1.18 PROTECTION OF PERSONS AND PROPERTY
A. Contractor's Responsibility:
Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.
B. Public Safety:
During the performance of the work, the Contractor shall erect and maintain all necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstances in his judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control. 56 Contract Services Agreement 00 5205 00 5205 -26
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C. Engineer's Responsibility:
1. The Engineer's review of the Contractor's construction performance is not intended to include review of the adequacy of the Contractor's safety or sanitary measures in, on, or near the construction site. The City/District assumes no responsibility for the inspection of safety precautions or for the enforcement of safety precautions required by law.
2. The Engineer may suspend operations if the Contractor determines that an imminent safety hazard exists.
1.19 CONTRACTOR'S FINANCIAL OBLIGATION
The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.
1.20 PROTESTS - CONTRACT REQUIREMENTS
A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within 15 calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor's objections and reasons therefor. Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.
B. No later than thirty (30) calendar days following the submission of a protest in accordance with subsection A, the Contractor shall submit to the Engineer his claim concerning the matter so noticed. The claim shall set forth clearly and in detail, for each item of additional compensation or time adjustment claimed, the reasons for the claim, references to applicable provisions of the specifications, the nature and amount of cost or time involved, or both, the computations used in determining such cost or time, or both, and all other pertinent factual data. The Contractor shall furnish such clarification and further available information and data as may be requested in writing by the Engineer within the time specified in such request. In addition, the Contractor shall maintain complete and accurate daily records of the cost of any portion of the work for which additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.
C. Any decision, order, instructions, notice, or act or omission of the Engineer for which the Contractor has submitted a protest shall be final and conclusive on the Contractor if the Contractor fails to submit or document a claim with respect thereto in the manner and within the times above stated, and such failure shall constitute a waiver of all claims in connection therewith, whether direct or consequential in 57 Contract Services Agreement 00 5205 00 5205 -27
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nature, provided that the Engineer may, if the Contractor shows good cause, and if the interests of the City/District will not be prejudiced, consider and decide a properly documented claim on its merits notwithstanding the Contractor's failure to submit it within the time above stated. The foregoing provision shall create no right to the Contractor, and failure or refusal of the Engineer to exercise the Engineer's authority thereunder shall not be subject to claim by the Contractor.
1.21 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss:
Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.
B. Materials and Facilities:
1. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of the Contractor's failure to carry out said responsibilities, the same may be carried out by the City/District at the expense of the Contractor.
a. The Contractor shall be responsible for any material furnished the Contractor and for the care of all work until its completion and final acceptance, and the Contractor shall at the Contractor's own expense replace damaged or lost material and repair damaged parts of the work.
b. The Contractor shall protect the City/District facilities from damage resulting from the Contractor's work. City/District facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.
c. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to the Contractor or used under the Contractor's direction during construction.
1.22 CONTRACTOR USE OF PREMISES
A. Confine operations at site to areas permitted by the contract documents.
B. Do not encumber site with excessive material or equipment.
C. Do not impose any load on any structure that will damage or endanger structure.
D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.
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1.23 COOPERATION WITH OTHER WORK FORCES
A. Other Contractors, other utilities and public agencies or their Contractors, other City/District Contractors, and City/District personnel may be working in the vicinity during the project construction period.
B. There may be some interference between these activities and the work under this Specification. The Contractor shall cooperate and coordinate their work with that of other work forces to assure timely contract completion.
C. Coordinate all activities in and around repair locations.
D. Any costs for providing cooperation with other work forces shall be considered as included in the proposal price for the various contract items of work and no separate payment will be made therefor.
1.24 PRECONSTRUCTION CONFERENCE
A. A preconstruction conference will be held at the time and place designated by the Engineer.
B. The Contractor shall be present or be represented by an agent with authority to act for the Contractor and in responsible charge of the work to be accomplished.
1.25 MATERIAL AND WORKMANSHIP
A. Omissions from the Plans and Specifications:
Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that the Contractor shall provide and install such materials as necessary for a complete and functional facility at no additional cost to the City/District. All work shall be done and workmanship completed consistent with the quality of work standard for the industry for commercial work, notwithstanding any omission from the specifications or the drawings. It shall be the duty of the Contractor to call attention to apparent errors and omissions and request instructions before proceeding with the work. The Engineer may, by appropriate instructions, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original specifications or drawings.
B. Compliance with Jurisdictional Agency Requirements:
All work performed under this Specification may be inspected as provided in Paragraph 1.9. All work performed within city or county streets or State of California freeway rights of way shall meet the requirements of the agency having jurisdiction.
All materials furnished and all work done must be satisfactory to the Engineer.
Work, material, or equipment not in accordance with the contract documents shall be made to conform thereto. Unsatisfactory material and equipment will be rejected, and if so ordered by the Engineer, shall, at the Contractor's expense, be immediately removed from the vicinity of the work.
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1.26 SATURDAY, SUNDAY, AND HOLIDAY WORK
Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City/District holidays which are listed in Section 1.3 of Appendix F in the Contract Services Agreement.
1.27 COOPERATION
The City/District reserves the right to perform other work at or near the site at any time by the use of its own forces or other contractors. The Contractor shall coordinate their work and cooperate with City/District forces and other contractors to the end that any delay or hindrance to their work will be avoided.
1.28 AGREEMENTS WITH ADJACENT PROPERTY OWNERS
Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for their information.
1.29 EMERGENCY WORK
A. During Working Hours:
In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City/District, as the situation may warrant. The Contractor shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantial documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.
B. Outside Working Hours:
Whenever in the opinion of the City/District there shall arise outside of the regular working hours on the contract work, an emergency involving utility services to the public or danger to public safety, the City/District's forces may choose to handle such emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from their payment as provided in the contract documents. The performance of emergency work by City/District forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.
1.30 CONFLICT AMONG DRAWINGS, SPECIFICATIONS, AND/OR STANDARDS In case of conflict among contract documents, the document of highest precedence shall prevail. The descending order of precedence shall be:
1. Permits and Agreements with Other Agencies
2. City/District Codes
3. Technical Specifications
4. Contract Requirements
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5. Project Drawings
6. City/District Standards
a. Specifications
b. Drawings
7. Referenced Specifications and Standards
8. Referenced Drawings
1.31 FIRE PROTECTION
A. The Contractor shall provide access to all fire hydrants located along the line of their work. Such access shall meet the approval of the City/District Public Safety Department, and should it be necessary to close a portion of a street for a limited time, such street shall not be closed until the Contractor has the approval of said Department.
B. The City/District Public Safety Department shall be notified when a street is opened after it has been closed.
C. Approval shall be obtained from that Department for the use of any fire hydrant.
1.32 ORDER OF WORK
A. When required by specifications or plans, the Contractor shall follow the sequence of operations as set forth therein.
B. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
1.33 DIFFERING SITE CONDITIONS
A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City/District, in writing, of any:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
B. The City/District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City/District shall issue a change order under the procedures described in the contract.
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C. In the event that a dispute arises between the City/District and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
1.34 PROCEDURES FOR FILING AND RESOLVING CLAIMS
A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104.4.
1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
1. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.
2. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (a) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
1.35 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104.4.
1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from 62 Contract Services Agreement 00 5205 00 5205 -32
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the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.
3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (a) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
1.36 PERMITS AND LICENSES
A. The Contractor shall secure and pay for, as necessary for proper execution and completion of work:
1. All permits, including CAL/OSHA excavation permit, not specifically furnished by the City/District.
4. Government fees.
5. Licenses.
6. Certifications.
7. Business License from the City of Foster City.
8. Building, Plumbing, and Electrical Permits from the City of Foster City.
B. Give required notices as required by the permits prior to work.
C. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.
D. Provide copies of all permits to the Engineer prior to work.
1.37 EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the City/District that all qualified persons shall be afforded equal opportunities of employment on any public works contract entered into with the City/district. To prohibit discrimination because of race, color, religion, sex or national origin, all proposers shall be prepared to demonstrate that they and their subcontractors have undertaken a continuing program to promote the full realization of equal employment opportunities.
1.38 OWNER'S RIGHT TO CORRECT DEFICIENCIES
If the Contractor should neglect to prosecute the work properly in accordance with the contract documents, the owner, after 10 consecutive calendar days following written notice to the contractor and their surety may, without prejudice to any other remedy the 63 Contract Services Agreement 00 5205 00 5205 -33
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owner may have, and without declaring the contract in default or terminating the contract, correct such deficiencies in work intended to become a permanent part of the project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or the Contractor's surety. The owner reserves the right to take over work in the event of an emergency. * END OF DOCUMENT *
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SIDEWALK REPAIR AND REPLACEMENT (2020-2022)
PAYROLL CERTIFICATION FORM
I, ____________________, the undersigned, am ______________________________, (Name – Please Print)
with the authority to act for ________________________________________________ (Position in Business)
for and on behalf of ______________________________________________________ (Name of Business and/or Contractor)
do hereby certify under penalty of perjury that the payroll records or copies thereof hereby submitted, consisting of __________________________ (Description, # of ___________ , are the originals, or true, full, and Pages) correct copies of the originals, which correctly depict the craft or type of work performed, hours and days worked, prevailing wage rates, and disbursements, by cash, check or other form, to the individual or individuals named.
DATE: ___________________ SIGNATURE ________________________________ 66 Contract Services Agreement 00 5205 00 5205 -36
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67 General and Technical Requirements 1
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DIVISION 1
GENERAL AND TECHNICAL
REQUIREMENTS
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DOCUMENT 01010
SUMMARY OF WORK
PART 1 - GENERAL
The work covered under this contract will be performed at various locations throughout the City of Foster City, California.
1.01 DESCRIPTION OF PROJECT
Sidewalk Repair and Replacement (2020-2022)
1.02 WORK OF THIS CONTRACT
The work to be performed, in general, consists of removing and replacing damaged sections of existing concrete sidewalk, curb, gutter, curb ramp, and driveway; asphalt concrete pavement tie-in; curb inlet replacements and minor concrete repair surrounding curb inlet lid replacements. The work shall include traffic control, saw cutting, excavation, backfilling, compaction, installation of root barriers, asphalt patching, asphalt conforms adjacent to new gutters, and clearing and grubbing. Locations of work will be throughout the City of Foster City.
Project Areas
The City will call out the Contractor to repair/replace a section of sidewalk or length of curb or gutter, or perform other concrete repairs as listed in Part 3—Proposal Schedule at one or more locations. There will be no minimum quantities for work. The quantities may not be continuous sections. Instead, they may be the sum total of small sections on various streets.
The City of Foster City reserves the right to add or delete any work. All work performed shall be measured and paid based on the contract unit prices identified in Part 3--Proposal Schedule. * END OF DOCUMENT *
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DOCUMENT 01025
MEASUREMENT AND PAYMENT
PART 1--GENERAL
1.01 DESCRIPTION
Payment will be made on a lump sum basis or unit price basis or combination thereof, as set forth below:
1.02 SCHEDULE OF COSTS FOR LUMP-SUM PAYMENT
NOT USED
1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT
A. All work to be paid for at a contract price per unit of measurement will be measured by the ENGINEER in accordance with United States Standard Measures. Material paid for by weight shall be weighed on scales furnished by and at the expense of the Contractor. All scales shall be regularly inspected and sealed by the Division of Measurement Standards or its designated representative.
B. When required by the ENGINEER, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the ENGINEER at the point of delivery of the material.
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1.04 (NOT USED)
1.05 PARTIAL PAYMENT FOR STORED MATERIALS
A.The Contractor shall receive no additional compensation for materials stored on site.
1.06 MEASUREMENT AND PAYMENT OF PROPOSAL ITEMS
A.SIDEWALK REPLACEMENT
SIDEWALK REPLACEMENT shall be measured by the square foot of actual concrete installed.
The contract price paid for concrete sidewalk shall be measured and paid for on a square foot basis. The unit price paid per square foot of sidewalk shall include full compensation for mobilization, site preparation and site clean-up, installation of concrete sidewalk, removal and disposal of existing sidewalk, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.
B.STANDARD CURB AND GUTTER WITH 2 FOOT WIDE ASPHALT CONCRETE
CONFORM
STANDARD CURB AND GUTTER WITH 2 FOOT WIDE ASPHALT CONCRETE CONFORM shall be measured by the linear foot of actual concrete installed.
The contract price for STANDARD CURB AND GUTTER WITH 2 FOOT WIDE ASPHALT CONCRETE CONFORM shall be measured and paid for on a linear foot basis. The unit price paid per linear foot of concrete curb and gutter shall include full compensation for mobilization, site preparation and site clean-up, installation of concrete curb and gutter, removal and disposal of existing curb and gutter, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two (2) foot wide asphalt concrete conform, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.
C.ROOT BARRIER
ROOT BARRIER shall be measured by the linear foot of actual root barrier installed.
The contract price paid for ROOT BARRIER shall be measured and paid for on a linear foot basis. The unit price paid per linear foot of root barrier shall include full compensation for site preparation and site clean-up, trench excavation, root pruning, backfilling, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as 73 Measurement and Payment 01025 - 3
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directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.
D.MINOR CONCRETE REPAIR (REINFORCED STORM DRAIN CURB INLET LID)
MINOR CONCRETE REPAIR (REINFORCED STORM DRAIN CURB INLET LID) shall be measured per each as described in the specifications.
The contract price paid for MINOR CONCRETE REPAIR (REINFORCED STORM DRAIN CURB INLET LID) shall be measured and paid for on a per each basis. The unit price paid per each curb inlet lid, shall include the cost of pre-cast concrete lid sections, replacement of adjacent flags of sidewalk, and doing all work required and furnishing all labor, materials, equipment and incidentals necessary to complete the work and as directed by the Engineer and no additional compensation will be allowed therefore.
E.RESIDENTIAL DRIVEWAY
RESIDENTIAL DRIVEWAY shall be measured by the square foot of actual concrete installed.
The contract price paid for RESIDENTIAL DRIVEWAY shall be measured and paid for on a square foot basis. The unit price paid per square foot of concrete driveway shall include full compensation for mobilization, site preparation and site clean-up, installation of concrete driveway, removal and disposal of existing driveway, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two (2) foot wide asphalt concrete conform, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.
F.COMMERCIAL DRIVEWAY
COMMERCIAL DRIVEWAY shall be measured by the square foot of actual concrete installed.
The contract price for COMMERCIAL DRIVEWAY shall be measured and paid for on a square foot basis. The unit price paid per square foot of concrete driveway shall include full compensation for mobilization, site preparation and site clean-up, installation of concrete driveway with welded wire mesh, removal and disposal of existing driveway, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two (2) foot wide asphalt concrete conform, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.
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G.CURB RAMP
CURB RAMP shall be measured per each.
Proposal Items numbered seven (7) through thirteen (13) are for seven types of curb ramp replacement. The contract price for CURB RAMP shall be measured and paid for on a per each basis. The unit price paid per curb ramp shall include full compensation for mobilization, site preparation and site clean-up, installation of curb ramp, removal and disposal of existing curb ramp, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two (2) foot wide asphalt concrete conform, proof-rolling, forms, joints, concrete placement, concrete finishing, detectable warning surface mats, concrete protection and curing, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.
PART 2--(NOT USED)
PART 3--EXECUTION
3.01 PROGRESS PAYMENTS AND RETENTION
A.Within 5 days after the cutoff date, the Contractor shall make and submit to the ENGINEER an approximate measurement of all materials supplied and work performed up to the established cutoff date for the purpose of making a progress payment. The progress payment cutoff date shall be the monthly anniversary of the date of the issuance of the work order.
B.The Contractor will classify the work according to items listed on the proposal schedule and will estimate the value of the same on the basis of the prices shown, or as extra work. The classification of the work performed and the value thereof will be based on the Proposal Schedule for lump sum proposal items. Payment for unit price proposal items will be based on the actual amount of work performed as measured in the field.
The Contractor’s estimate of work performed shall be subject to adjustment by the ENGINEER.
* END OF DOCUMENT *
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DOCUMENT 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1--GENERAL
1.01 DESCRIPTION
Work included: Provide temporary construction facilities, utilities and controls needed for the work.
PART 2--(NOT USED)
PART 3--EXECUTION
3.01 TEMPORARY UTILITIES
A. The Contractor shall provide and pay for all necessary temporary water, telephones, fuel, power, and sanitary accommodations.
B. The temporary facilities to be provided by the Contractor as described above shall conform to all requirements with regard to operation, safety, and fire hazards of state and local authorities and of underwriters.
C. Site and facilities shall be returned to their original “as-found” condition or as otherwise specified, at the completion of the project.
3.02 SOUND CONTROL
A. Comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.
B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.
No internal combustion engine shall be operated on the project without said muffler.
C. The maximum noise level shall be 85 dBA.
3.03 DUST AND LITTER CONTROL
A. Maintain dust control within the site and provide adequate measures to prevent a dust problem for neighbors.
B. All trucks shall be loaded in a manner which will prevent dropping of materials or debris on streets. The loads shall be trimmed and all material shall be removed from shelf areas of vehicles to prevent spillage. Take precautions when necessary to avoid creating dust and littering by watering the load after trimming. 76 Construction Facilities and Temporary Controls 01500 -2 General and Technical Requirements
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C. Keep the job site in a neat and sanitary condition during the progress of the work.
Dispose of refuse as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of rubbish.
3.04 DRAINAGE AND GROUNDWATER
The Contractor shall be responsible for caring for the drainage on the entire work area and the disposal of such drainage from commencement of work until contract completion. Special care shall be exercised to prevent erosion in disturbed earth areas and silt or eroded materials shall not be introduced into any storm drain system or water course.
3.05 CONSTRUCTION WATER
A. The Contractor shall provide and maintain all necessary equipment and facilities for conveying water to places where it will be used and for changing the pressure if required. The Contractor shall plan and perform the work in a manner, which will minimize the use of water.
B. The Contractor shall furnish, at his expense, all water required for the completion of the work. Water is available to the Contractor at the nearest hydrant provided the Contractor has made arrangements to obtain a temporary water meter from the City. The Contractor shall pay for all necessary rental and deposit fees required for temporary meter. The temporary hydrant meter application is attached at the end of this section.
3.06 SECURITY OF SITE
A. Security of the site shall be the Contractor’s responsibility from commencement of work until completion of contract.
B. The Contractor shall provide and maintain such fences, barricades, signs, and warning lights as may be required to provide safety against accidents.
3.07 RIGHTS IN LAND AND IMPROVEMENTS
A. Nothing in these specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the contract for any purpose whatsoever.
B. The Contractor shall not occupy City/District-owned property outside the right of way as shown on the plans unless he enters into a rental agreement with the City/District.
3.08 FIELD OFFICE AND LAYDOWN AREAS
The Contractor shall procure additional space for laydown of materials, spoils and equipment at Contractor’s own expense. Location of such additional space shall be subject to approval of the City/District.
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3.09 EXISTING UTILITIES LOCATION - U.S.A.
The City of Foster City subscribes to the Underground Service Alert (U.S.A.) network, which is a clearinghouse for notifying all local utility agencies to mark the locations of underground systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. by calling 1-800-227-2600 with ample advance time to allow the utility companies to respond. Contacting U.S.A. does not relieve the Contractor from their responsibility to determine location and depth of buried utilities, to protect such utilities, or to repair buried utilities damaged by their operations.
* END OF DOCUMENT *
78 Construction Facilities and Temporary controls 01500 - 4 General and Technical Requirements
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FISCAL YEAR 2022/2024
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
TEMPORARY HYDRANT METER APPLICATION
APPLICANT: ______________________________________________DATE:_____________________ COMPANY: _________________________________________________PHONE:_________________ ADDRESS:_________________________________________________________________________ ____________________________________________________________________________________ EMAIL ADDRESS____________________________________________________________________ CONTRACTOR’S LICENSE NO.:___________________ CLASS:____________ EXP.: _____________ FOSTER CITY BUSINESS LICENSE NO.: _______________________________ EXP.: ___________ JOBSITE: ___________________________________________________________________________ METER CONNECTION LOCATION:_______________________________________________________
NOTE THAT THE METER MAY NOT BE RELOCATED WITHOUT WRITTEN PERMISSION FROM THE DISTRICT.
PURPOSE OF SERVICE:______________________________________________________________ ____________________________________________________________________________________ Customer must provide a reading at the end of each calendar quarter (March 31, June 30, Sept 30, and Dec 31) by emailing: the reading, company name and meter number to [email protected]. ____ (initial) Meter must be returned to the District Corporation Yard (100 Lincoln Center Drive in Foster City, 650/286-8140) within seven (7) calendar days of the date permit expires. ____ (initial) Failure to do so may result in forfeiture of all deposits. Charges will be assessed per the current adopted Master Fee Schedule. ____ (initial)
Applicant’s Signature: __________________________________________________________________ ************************************************************************************************************************
FOR CITY/DISTRICT USE ONLY
PERMIT EXPIRATION DATE (12 months from today)_______________ PERMIT FEE: Non-refundable $ 60.00 - WC
METER DEPOSIT: Balance refundable. Details on back. $ 1,557.00 - MD WATER DEPOSIT: Balance refundable. Details on back. $ 1,500.00 - WD TOTAL: (to be paid with application) $ 3,117.00
Application Approved: _______________________________________ Date: _____________________ (PWM Staff)
Fee to SC S-23, Acct. 31-3470 Deposits to SC S-23, Acct. 31-2460 Monthly Charges to SC S-73, Acct. 31-3475 METER DEPOSIT REQUIRED: $1,557.00 Upon return of the hydrant meter in good condition, the contractor shall be entitled to refund of the following percentages of the meter deposit if returned within the following period from the issuance date of the meter:
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1 month or less 90%
3 months or less 85%
6 months or less 80%
12 months or less 75%
Meter must be returned or renewed at the end of 12 months. Failure to do so will result in an additional reduction of deposit by 10% of the original amount per month or portion thereof. Should the meter be found to be defective or damaged upon testing, the cost of repairs (labor and material) shall be subtracted from the deposit. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WATER DEPOSIT REQUIRED: $1,500.00 Meter charge according to Master Fee Schedule for Fiscal Year 16/17 @ $ 220.50 shall be deducted from the water deposit each month. In addition, the water usage charge is as stated per Master Fee Schedule per unit (100 cubic feet or 748 gallons) for Fiscal Year 16/17 @ $ 4.97 per unit, and shall be deducted from the deposit at the time incurred or when the meter is returned.
Date out Initial
METER SIZE: 3” ________ ________ Meter Number: ____________________________________
Checked out by: ____________________________ Date Returned/Checked by: __________________________
PRINT NAME
Charge as follows (if not returned)
Other Accessories
Meter Wrench ________ ________ $60 _____________ ____________ Reducer, 2-1/2”x3/4” ________ ________ $40 _____________ ____________ Reducer, 2-1/2”x1-1/2” ________ ________ $35 _____________ ____________ Fire Hose, 6’ x 2-1/2” ________ ________ $140 _____________ ____________ Received by ________________________________________
Signature/Date
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DATE
METER
READING
WATER
QUANTITY
COST OF
WATER USED
SERVICE
CHARGE
PER MONTH
TOTAL
CHARGES
DEPOSIT
BALANCE
$_220.50
_______ __________ ___________ __________ ________ _________ $__________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ City of Foster City
Temporary Water Hydrant Rental Receipt
Date: ____________________________
Receipt No.: ____________
Received From: _____________________________________________________________________________________
THREE THOUSAND ONE HUNDRED SEVENTEEN DOLLARS $3,117.00 Check No. ______________ BY; ______________________________________________ Send ORIGINAL to Finance; cc: Meter Binder, Applicant
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Temporary Hydrant Meter Application Instructions:
You must obtain a Foster City Business License to rent a Temporary Hydrant Meter and include the information on the applications
A deposit check is required, made out to The City of Foster City, in the amount of three thousand one hundred and seventeen dollars ($3,117.00).
Brin both the completed application and the deposit check to the Corporation Yard at 100 Lincoln Centre Drive, Foster City, CA between the hours of 8 am and 4 pm Monday through Thursday, and until 3pm Friday.
Charges incurred from water usage, meter charges and rental fee will paid from this deposit and, upon return of the meter in good condition, the remainder will be returned to the applicant. (See Application for a more detailed explanation of charges).
Call 650-286-8140 with any questions.
* END OF DOCUMENT *
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DOCUMENT 01570
TRAFFIC CONTROL
PUBLIC CONVENIENCE AND PEDESTRIAN TRAFFIC CONTROL
Must comply with the traffic regulations requirements as specified in this section. Including but not limited to: Submit a traffic control plan which conforms to the State of California "Manual of Traffic Controls for Construction and Maintenance Work Zones” and the Work Area Traffic Control (WATCH) Handbook. Include lane closures, detours, and parking prohibitions.
Contractor shall be responsible to provide all traffic control measures necessary to divert sidewalk users safely around work areas. This includes, but is not limited to, placing signage, barricades, cones, temporary walkways, etc.
The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project. Access for local traffic must be maintained.
For work in street areas, at least seven calendar days prior to commencing work, the Contractor shall submit his schedule and traffic plan to the Engineer for approval.
WEEKEND USAGE
All significant phases of concrete work must be completed within the same (Monday to Friday) week as they are started. Sections of Sidewalk, curb and gutter, and curb ramps must be completed and ready for use during the weekend.
An exception may be the installation of the detectable warning surface mats for curb ramps, which can be installed when the concrete has cured sufficiently to accept the mat in accordance with the manufacturer’s specifications. Provisions for alternative walkway would be required.
LANE CLOSURES AND DETOURS
No more than one-half (½) of the roadway shall be closed to traffic at any time, and traffic in both directions shall be maintained at all times. Open excavations and trenches shall be adequately covered when no work is being performed.
WORKING HOURS - MAJOR STREETS
All work within the right-of-way of freeway ramps and major streets including the adjoining intersections shall be limited to the hours of 9:00 AM to 3:30 PM. Major streets are listed as follows:
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1. Foster City Boulevard 6. Beach Park Boulevard
2. East Hillsdale Boulevard 7. Metro Center Boulevard
3. East Third Avenue 8. Triton Drive
4. Edgewater Boulevard 9. Vintage Park Drive
5. Shell Boulevard 10.Chess Drive
NO PARKING SIGNS
No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction. The date and time of parking restrictions shall be clearly posted on No Parking signs.
JOB CONDITIONS
The following general job conditions apply to the project:
1. Provide access to all residences whenever possible throughout the duration of the project. Notify property owners 24 hours in advance of work that will interrupt use of driveways or other frontage improvements.
2. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.
3. Street parking may be restricted as necessary to facilitate construction activity.
Notify property owners of parking restrictions 48 hours in advance.
4. Lighted arrow boards shall be used for all lane closures on boulevards and other locations when appropriate.
TRAFFIC CONTROL DEVICES
1. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of Section 12, "Construction Area Traffic Control Devices," and Section 7, "Legal Relations and Responsibility," of the CalTrans Standard Specifications. Flashers shall be provided on each barricade. (Section 360, California Vehicle Code, defines highway to include streets.)
2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.
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GENERAL
1. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.
2. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.
3. When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
* END OF DOCUMENT *
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DOCUMENT 01580
CONSTRUCTION METHODS
PART 1 – CONSTRUCTION METHODS
1.01 SAWCUTTING
Existing concrete and asphalt concrete to be removed shall be saw-cut with a power driven saw at the first scoring line. Remove only complete squares of concrete. The Contractor shall remove the saw cut slurry with a vacuum immediately following the cutting process.
Full compensation for saw-cutting, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.02 REMOVE CONCRETE
All concrete shall be removed to an expansion joint or saw-cut at score-line or as determined by the Engineer. Concrete shall be removed in such a manner as to leave an even edge without spalling, breaks or chips on the remaining concrete. Concrete removal shall include removal of all root, vegetation, debris and loose soil.
Full compensation for concrete removal, including removal of all root, vegetation, debris and loose soil, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.03 REMOVE ASPHALT CONCRETE
A two-foot wide strip of asphalt along the work area (curb and gutter) identified shall be removed.
All asphalt concrete shall be removed to a saw-cut score-line or as determined by the Engineer.
Where removal of asphalt concrete is required, a straight neat cut with a power driven saw shall be made before removing asphalt concrete. Asphalt concrete removal shall include removal of all root, vegetation, debris and loose soil.
Full compensation for asphalt concrete removal, including removal of all root, vegetation, debris and loose soil, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.04 TREE ROOT REMOVAL / ROOT PRUNING
Root pruning shall be performed to minimize impact and injury to tree root systems during the project. Roots shall be cut cleanly using a handsaw, or hand shears. Roots shall be cut cleanly prior to use of the backhoe or other excavator to remove material from the site. At no time is the backhoe or other excavator to be used to remove roots. After proper pruning, cover exposed roots within thirty (30) minutes to minimize desiccation.
Tree roots shall be cut and removed to a maximum depth of twelve (12) inches below level finished grade of the aggregate base and backfilled with eight (8) inches clean native backfill material and four (4) inches of Class 2 aggregate base. Wet and compact the aggregate base and the top six (6) inches of native subbase to 95% relative compaction. 86 Construction Methods 01580-2
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If tree removal is required, appropriate tree removal permits must be secured prior to beginning work.
Full compensation for doing all work required for tree root removal, including furnishing all labor, materials, equipment, and incidentals necessary to complete the work and as directed by the Engineer, shall be included in the prices proposed for “Square Foot of Sidewalk Replacement”, or “Linear Foot of Standard Curb and Gutter with 2’ wide AC conform”, or “Square Foot of Residential Driveway”, or “Square Foot of Commercial Driveway” or “Per Curb Ramp” and no additional compensation will be allowed therefor.
1.05 DISPOSAL OF EXCAVATED MATERIAL
Contractor shall properly dispose of all excavated material outside of the City limits to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of State, County, and municipal regulations regarding health, safety and public welfare. Do not allow demolished materials to accumulate on site. No overnight storage of material will be allowed.
Full compensation for disposal of excavated material, including disposal of concrete, asphalt concrete, roots, vegetation, debris and loose soil, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.06 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for all damage to existing improvements resulting from his operations. Contractor shall repair at his expense all damage to existing improvements resulting from his operations including:
1. The repair and replacement of minor irrigation systems damaged as part of the project;
2. The repair and replacement of landscaping damaged or removed as part of project;
3. Water and gas services damaged by the Contractor’s operations.
If a water service in the sidewalk section needs to be lowered it will be done by the City of Foster City Water Department. Contractor will not be responsible to replace any pull boxes etc. that were broken prior to start of work.
1.07 ROOT BARRIER
Root barrier shall be installed behind all new and existing sidewalks. The root barrier shall be high-density polyethylene 0.080 inches thick, 18 inches in height. Contractor shall excavate up to a 4-inch wide trench adjacent to the landscaping to a depth of 2-ft. The Contractor shall remove all roots within the trench. The root barrier is at grade. The root deflectors shall face away from the path. Any landscaping and irrigation affected by construction shall be replaced.
1.08 AGGREGATE BASE
Aggregate base shall be Class 2 (1/2-inch max) AB compacted to 95% relative compaction.
Aggregate base shall conform to specified thickness and compaction. Sidewalk base, curb ramp base, and residential driveway base shall be 4-inch thick Class 2. Curb and Gutter base and commercial driveway base shall be 6-inch thick Class 2. 87 Construction Methods 01580-3
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Aggregate base shall be produced from commercial quality aggregates consisting of broken stone; crushed gravel, natural, clean, rough-surfaced gravel and sand; or a combination thereof.
Spreading and compacting shall be performed by methods that will produce a uniform base, firmly compacted, and free from pockets of coarse or fine material.
Full compensation for doing all work required for placement of aggregate base, including furnishing all labor, materials, equipment and incidentals necessary to complete the work and as directed by the Engineer, shall be included in the prices proposed for “Square Foot of Sidewalk”, or “Linear Foot of Curb and Gutter with 2’ wide AC conform”, or “Square Foot of Residential Driveway”, or “Square Foot of Commercial Driveway” or “Per Curb Ramp," and no additional compensation will be allowed therefor.
1.09 CONCRETE SIDEWALK
Concrete sidewalk shall conform to Section 90 of the State Specifications for materials, mixing and placement and to City Standard Details. Use Portland Cement: ASTM C 150, Type 1, Class A (6 Sack) with one pint of lampblack per cubic yard of concrete. Sidewalk shall be 4 inches minimum with broom-finished surface.
Expansion joints shall be installed at intervals not exceeding 20 feet; and deep score or cold joint shall be installed at 10 foot intervals. Sidewalk score lines shall be located at 2.5 foot intervals.
Where new pour abuts existing concrete, 8-inch long, No. 4 steel rebar shall be installed 4-inches into existing concrete as shown in City Standard Details.
The area behind the sidewalk shall be backfilled with select clean native soil (no rocks, free of organic matter and deleterious material) to finish grade on both sides of the new sidewalk or to the back of the curb after the forms are removed.
To minimize inconvenience to traffic and the public in general, the Contractor shall schedule the concrete placement to be no more than seven (7) calendar days behind the removal operation.
Safe and adequate pedestrian and vehicular movement at and around all construction sites shall be provided and maintained at all times. Approved barriers and signs (traffic flagging personnel, if necessary), shall be furnished and utilized by the Contractor to ensure public safety at all times.
All work mentioned above shall be included in the unit price for this proposal item.
1.10 CONCRETE CURB AND GUTTER
Concrete curb and gutter shall conform to Section 90 of the State Specifications for materials, mixing and placement and to City Standard Details. Use Portland Cement: ASTM C 150, Type 1, Class A (6 Sack) with one pint of lampblack per cubic yard of concrete. Use one standard brand throughout all work. Curb and gutter shall be 6 inches thick with broom-finished surface. Curb and gutter shall be poured separately from the sidewalk.
Expansion joints shall be installed at intervals not exceeding 20 feet. The expansion joints shall be installed vertically and shall extend to the full depth and width of the curb and gutter, or as directed by the Engineer. Where new pour abuts existing concrete, 8-inch long, No. 4 steel rebar shall be installed 4-inches into existing concrete as shown in City Standard Details. Excess filler material shall be trimmed-off in a neat and skillful manner. Deep score-lines shall be installed at 10 foot intervals.
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1.11 EXPANSION JOINTS
Expansion joints shall be filled with ½-inch thick pre-molded joint filler shaped to fit the concrete that is being placed. Joint fillers shall extend the full width and depth of expansion joint, flush with finished concrete surface. Expansion joints shall be located at intervals of 20 feet and at the end of curb returns. Deep score lines shall be located at intervals of 10 feet.
Full compensation for installation of expansion joints, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.12 REINFORCING BARS / DOWELS
Eight (8) inch No. 4 steel rebar shall be installed at locations as shown in the City Standard Details and as directed by the Engineer. Reinforcing bars and tie bars shall be ASTM A 615, Grade 60, deformed. Where a new pour abuts existing concrete, rebar shall be installed 4-inches into existing concrete.
Full compensation for installation of rebar, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.13 COMMERCIAL CONCRETE DRIVEWAY
Commercial concrete driveway shall conform to City Standard Details. Use Portland Cement:
ASTM C 150, Type 1, Class A (6 Sack) with one pint of lampblack per cubic yard of concrete.
Welded wire mesh 4” x 4” shall be installed over entire driveway area. Driveway shall be 6 inches thick with broom-finished surface. Driveway base shall be 6-inch thick Class 2 (1/2-inch max) AB compacted to 95% relative compaction.
1.14 RESIDENTIAL CONCRETE DRIVEWAY
Use Portland Cement: ASTM C 150, Type 1, Class A (6 Sack) with one pint of lampblack per cubic yard of concrete. Driveway shall be 4 inches thick with broom-finished surface. Driveway base shall be 4-inch thick Class 2 (1/2-inch max) AB compacted to 95% relative compaction.
1.15 CURB RAMPS
Concrete curb ramps shall conform to the most recent Caltrans Standard Plans. Contractor shall be responsible to check for the more recent revision of the Standard Plans. Use Portland Cement:
ASTM C 150, Type 1, Class A (6 Sack) with one pint of lampblack per cubic yard of concrete.
Curb ramps shall be with broom-finished surface. Curb ramp base shall be 4-inch thick Class 2 (1/2-inch max) AB compacted to 95% relative compaction.
Any existing pull boxes, valve boxes etc. shall be aligned and leveled in the demolished area to be flush and level with finished surface of new ramp. Curb ramps shall have a safety yellow polyurethane tactile mat extending the full width of the ramp. The edge of the detectable warning surface nearest the street shall be between 6 inches and 8 inches from the gutter flow-line and shall extend three feet towards the back of the ramp. The surface dimensions of raised truncated domes and spacing shall conform to the most recent Caltrans Standard Plans. The mat shall be mechanically fastened and adhered to the underlying substrate according to the manufacturer’s instructions.
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1.16 ASPHALT CONCRETE
Asphalt concrete shall be C2-AR-4000 (1/2” max) in accordance with the applicable portions of Section 39 and Section 92 of the State Specifications. At a minimum, shall match existing thickness of adjacent pavement.
Includes replacement of a two-foot wide strip of asphalt adjacent to the areas of curb and gutter curb ramps, and driveways, identified for replacement.
A 6” depth of existing section shall be neatly saw-cut and removed. Remove all roots up to a maximum depth of twelve (12) inches below level finished grade. The underlying material to remain in place shall be re-compacted to 95%. The Contractor shall top off with new base material and compact the top foot to 95% relative compaction. Installed base material shall be Class 2 (1/2” max) AB.
After approval of compaction of the base material and prior to placing new asphalt concrete, Contractor shall prime all horizontal and vertical surfaces with a tack coat of liquid asphalt binder.
Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.
Asphalt concrete will be installed in two separate lifts no greater than 3 inches in thickness (compacted). Fill the 6” depth of asphalt concrete repair to match level of adjacent pavement. The finished edges will be tack coated with liquid asphalt and sanded.
Full compensation for installation of two (2) foot asphalt concrete conform adjacent to newly installed curb and gutter, driveway or curb ramps shall be included in the price proposed for “Linear Foot of Concrete Curb and Gutter” or “Square Foot of Residential/Commercial Driveway” or “per Curb Ramp” and no additional compensation will be allowed therefor.
1.17 TACK COAT
Before replacing asphalt concrete, an asphalt-emulsion paint binder (tack coat) shall be applied to all horizontal and vertical surfaces of existing pavement and to all vertical surfaces of curbs, gutters and construction joints in accordance with the applicable portions of Section 39 of the State Specifications.
Full compensation for application of tack coat, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.
1.18 MINOR CONCRETE REPAIR / CATCH BASINS
This involves the removal, disposal and replacement of existing pre-cast catch basin lid, adjustment of catch basin to grade, and replacement of sidewalk sections directly adjacent to catch basin. The top of the catch basin shall be accurately brought flush with the surface of the surrounding adjacent sidewalk. Pre-cast catch basin lid shall be Christy or approved equal of the type and dimensions shown on the Standard Details.
Where a new pour abuts existing concrete, two (2) eight (8) inch No. 4 steel rebar shall be installed 4-inches into existing concrete.
Reinforced curb inlet lids shall be measured and paid for on a per each basis. The unit price paid per each curb inlet, shall include the cost of pre-cast concrete sections and doing all work required 90 Construction Methods 01580-6
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and furnishing all labor, materials, equipment and incidentals necessary to complete the work and as directed by the Engineer and no additional compensation will be allowed therefor.
1.19 FINISHES
Finish surfaces to true planes within a tolerance of ¼-inch in 10 feet as determined by a 10-foot long straightedge placed anywhere on the surface in any direction. Cut down high spots and fill low spots. Re-float surface to a uniform granular texture. Finish with a medium to fine textured broom finish perpendicular to line of traffic to provide a uniform fine line texture finish. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible.
1.20 DRAINAGE
Provide a smooth transition between existing adjacent grades and new grades. Flow line of gutter shall conform to current drainage flow to prevent pooling and eliminate low spots.
1.21 DEBRIS AT STORM DRAINS
Contractor shall take all measures to prevent dirt, debris and obstructions of any kind from entering storm lines, catch basins and appurtenant drainage structures. If debris infiltrates, Contractor shall be responsible for removal of all debris that enters the storm drain system from construction activity.
1.22 DUST CONTROL
No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside of the right-of-way. Full compensation for all such dust control shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
* END OF DOCUMENT *
91 Standard Details and Attachments 1
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STANDARD DETAILS
AND
ATTACHMENTS
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STANDARD DETAILS AND ATTACHMENTS
STANDARD DETAILS
The following City Standard Details and Caltrans Standard Details are part of these Technical Requirements:
Attachment
#
Description Detail #
Attachment 1 Sidewalk Installation Detail ST-001
Attachment 2 Sidewalk
Replacement Detail ST-002
Attachment 3 Curb and Gutter Detail STS-09
Attachment 4 Root Barrier See “Sidewalk
Installation”
Attachment 5 Curb Inlet – Type 1 -
Attachment 6 Commercial Driveway Detail ST-025
Attachment 7 Curb Ramps Caltrans A88A dated
2018*
*Latest Caltrans Standard. Contractor is responsible for utilizing the latest Caltrans Standard A88A plan at date of construction.
* END OF DOCUMENT *
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95 DATE: May 16, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Jennifer Phan, Interim Deputy City Manager
Tiffany Oren, Recreation Manager
SUBJECT: APPROVE STREE CLOUSURES FOR FOSTER CITY FOURTH OF JULY CELEBRATION 2022
RECOMMENDATION
It is recommended that City Council adopt the attached resolution which would temporarily close portions of Shell Boulevard, E. Hillsdale Boulevard, Balclutha Drive, and Civic Center Drive to vehicular traffic on Monday, July 4 for the 2022 Fourth of July Celebration. These closures are necessary to accommodate the large influx of people that will be coming to participate in the daytime festivities and view the evening fireworks display.
EXECUTIVE SUMMARY
The Fourth of July Celebration is the largest special event coordinated through the Parks and Recreation Department. The City has put on a Fourth of July Celebration since 1978 and began incorporating fireworks into the Celebration in 1982. The Fourth of July Celebration has been a respected special event by Foster City residents and grown to include visitors from neighboring Peninsula communities as well. The following partial street closures for the annual Fourth of July Celebration will provide for the safety and security of the event. There is no change in the planned street closures from recent years.
96 Shell Boulevard from 6:00am to 11:00pm
Civic Center Drive from 6:00am to 11:00pm
Balclutha Drive between the round-about and Shell Boulevard, and the exit onto Shell Boulevard from the South Service Road of the PJCC campus from 6:00am to 11:00pm
E. Hillsdale Boulevard 5:00pm to 11:00pm
BACKGROUND
The Fourth of July Celebration is the largest special event coordinated through the Parks and Recreation Department. The City has put on a Fourth of July Celebration since 1978 and began incorporating fireworks into the Celebration in 1982. The Fourth of July Celebration has been a respected special event by Foster City residents and grown to include visitors from neighboring Peninsula communities as well.
Per Section 21101(e) of Division 11 of the California Vehicle Code, a city, by resolution, is allowed to close portions of public roadways to vehicular traffic to provide for the health and safety of its citizens. The Fourth of July Celebration brings a large influx of people and vehicles into Foster City. The traffic plan, as used in past years, calls for the closure of:
Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive from 6:00am to 11:00pm to protect pedestrians using the park The exit onto Shell Boulevard from Civic Center Drive an the PJCC South Service Road from 6:00am to 11:00pm
Balclutha Drive west of the turnaround circle located in front of the PJCC from 6:00am to 11:00pm to ensure vehicles do not proceed westbound on the "one-way" portion of this street into the dead end that will result from the closure of Shell Boulevard
E. Hillsdale Boulevard from Foster City Boulevard to Edgewater Boulevard from 5:00pm to 11:00pm to handle the large crowds coming to watch the fireworks display
ANALYSIS
Approval of the attached resolution would allow the Police Department to close portions of Shell Boulevard, E. Hillsdale Boulevard, Balclutha Drive, and Civic Center Drive on Monday, July 4 for the 2022 Fourth of July Celebration.
These closures are necessary to handle the large crowds expected for this 97 event.
FISCAL IMPACT
There is no fiscal impact.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item aligns with the City Council’s Mission and "Public Safety and Social Equity" Value/Priority Area as the resolution promotes public safety and ensures the safety of our residents and visitors while attending city-sponsored community events.
Attachment:
Attachment 1 - Resolution
98 RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING THE TEMPORARY CLOSURE OF VEHICULAR TRAFFIC FLOW ON SHELL BOULEVARD FROM E. HILLSDALE BOULEVARD TO BOUNTY DRIVE; THE
CLOSURE OF VEHICULAR TRAFFIC FLOW ON BALCLUTHA DRIVE WEST OF THE
TURNAROUND LOCATED IN FRONT OF THE PJCC CAMPUS AND SHELL BOULEVARD; THE CLOSURE OF VEHICULAR TRAFFIC FLOW ON E. HILLSDALE BOULEVARD FROM EDGEWATER BOULEVARD TO FOSTER CITY BOULEVARD;
THE SHELL BOULEVARD EXIT FROM THE SOUTH SERVICE ROAD OF THE PJCC CAMPUS; AND THE SHELL BOULEVARD EXIT FROM CIVIC CENTER DRIVE FOR THE FOURTH OF JULY CELEBRATION ON JULY 4, 2022.
CITY OF FOSTER CITY
WHEREAS, the City of Foster City intends to assist in the celebration of the Fourth of July and a large part of that celebration will occur at Leo Ryan Park and will result in a large gathering of people for the celebration and fireworks display; and WHEREAS, Section 21101(e) of Division 11 of the California Vehicle Code allows local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution prohibiting entry to or exit from, or both, from any street by means of, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan consistent with the responsibility of local government to provide for the health and safety of its citizens; and WHEREAS, the street closures include: Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive; Balclutha Drive between the round-about on the PJCC Campus and Shell Boulevard; the Shell Boulevard. exit from the South Service Road of the PJCC Campus; and the Shell Boulevard. exit from Civic Center Drive; and WHEREAS, members of the Foster City Police Department have reviewed the proposal for the event and recommend the closure of three streets to ensure the safety of those attending the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City authorizes the closure of vehicular traffic flow on Shell Boulevard from E.
Hillsdale Boulevard to Bounty Drive between the hours of 6:00 A.M. and 11:00 P.M.; the closure of vehicular traffic flow on Balclutha Drive west of the turnaround located in front of the PJCC campus and Shell Boulevard between the hours of 6:00 A.M. and 11:00 P.M.; the closure of vehicular traffic flow on E. Hillsdale Boulevard from Edgewater Boulevard to Foster City Boulevard between the hours of 5:00 P.M. and 11:00 P.M.; the Shell Boulevard exit from the South Service Road of the PJCC campus between the hours of 6:00 A.M. and 11 P.M.; and the Shell Boulevard Exit from Civic Center Drive between the hours of 6:00 A.M. and 11 P.M. on Monday, July 4, 2022 for the purpose of 99 celebrating the Fourth of July; and
BE IT FURTHER RESOLVED that the City Council authorizes the temporary placement of signs and traffic cones as approved by the Chief of Police; and BE IT FURTHER RESOLVED that the Chief of Police or his duly appointed officers, as defined by the Penal Code be in charge of traffic control.
PASSED AND ADOPTED as the resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
RICHA AWASTHI, MAYOR
ATTEST:
______________________________
PRISCILLA SCHAUS, CITY CLERK
100
DATE: May 16, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Jennifer Phan, Interim Deputy City Manager
Tiffany Oren, Recreation Manager
SUBJECT: AGREEMENT FOR A TRACKLESS TRAIN CONCESSION WITH KIDDOS CHUCHU LLC FROM JUNE 1, 2022 THROUGH
DECEMBER 31, 2024, WITH TWO (2) OPTIONAL ONE (1)
YEAR EXTENSIONS
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving a Concession Agreement with Kiddos ChuChu LLC for a trackless train concession at Leo J. Ryan Park for a 31-month period from June 1, 2022 through December 31, 2024, with two (2) optional one (1) year extensions and authorizing the Mayor to execute the agreement.
EXECUTIVE SUMMARY
The Recreation Division recommends entering into an agreement with Kiddos ChuChu LLC for a trackless train concession at Leo J. Ryan Park for an initial term from June 1, 2022 to December 31, 2024. Concession agreements allow private and/or non-profit agencies to provide amenities in addition to those provided directly by the City. Specifically, this concession service would offer the community a trackless train amusement ride along a designated route in Leo J. Ryan Park.
101
BACKGROUND
In October 2020, the Parks and Recreation Department received a request from Cesar Aguilar, owner and operator of Kiddos ChuChu, to consider an amusement train ride concession for children at Leo J. Ryan Memorial Park.
After the program proposal was reviewed by City Staff, Interdepartmental Evaluation Committee (IDEC), and the Parks and Recreation Committee, it was recommended by staff and approved by the City Council to move forward with a three (3) month pilot program during the summer of 2021. Upon the completion of the pilot period, City staff evaluated the program and due to its success, City Council approved the issuance of a Request for Proposals in March 2022 for an amusement train concession in Leo J. Ryan Park.
ANALYSIS
One vendor submitted a proposal. Staff is recommending that the Concession Agreement be awarded to Kiddos ChuChu LLC based on the proposed terms and services that can be provided by them.
If approved, Kiddos ChuChu LLC would operate beginning June 1, 2022 through December 31, 2024. It is expected that during the months of November-April, the concession would only operate during community events, holidays, or any other times when asked by the City. The hours of operation would be:
12:00 pm to 8:00 pm on Fridays; 10:00 am to 8:00 pm on Saturdays & Sundays from June 1- October 1 of each year.
Staff recommends that City Council authorize the execution of a Concession Agreement with Kiddos ChuChu LLC for a two-year initial term, with two (2) optional one (1) year extensions.
FISCAL IMPACT
The Concession Agreement requires that the concession holder pay the City ten percent (10%) of gross receipts. It is challenging to predict the anticipated revenue from the gross receipts as this is a new concession. However, if participation is similar to what staff saw during the pilot program in 2021, annual revenue to the City is estimated to be $5,500.
102
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item aligns with the City Council’s Mission as it provides a service that is customer-focused.
Attachments:
Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Kiddos ChuChu LLC Response to RFP
103
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING A TRACKLESS TRAIN CONCESSION WITH KIDDOS CHUCHU LLC AT LEO J. RYAN PARK FROM JUNE 1, 2022, THROUGH DECEMBER 31, 2024, WITH T W O OPTIONAL O N E Y E A R EXTENSIONS; AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT
CITY OF FOSTER CITY
WHEREAS, the City wishes to highlight the park system as an amenity for residents and visitors to Foster City; and
WHEREAS, a contract agreement beginning June 1, 2022 and ending December 31, 2024 would allow City staff and Kiddos ChuChu LLC to collaborate in providing quality service for the public; and
WHEREAS, the City of Foster City will receive 10% of the gross receipts from the Trackless Train Concession and;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOSTER CITY that the Council does hereby approve the Concessionaire Agreement dated May 16, 2022 between the City of Foster City and Kiddos ChuChu LLC for the period of June 1, 2022 through December 31, 2024, with two (2) optional one (1) year extensions.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the Mayor to execute the Agreement, with minor revisions that may be approved by the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement. 104
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
105
1 CONCESSIONS AGREEMENT
FOR
TRACKLESS TRAIN RIDE OPERATION AT LEO RYAN PARK
This Agreement is made and entered into as of the 16th day of May, 2022 by and between the City of Foster City hereinafter called "CITY" and Kiddos ChuChu LLC hereinafter called "CONCESSIONAIRE".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
A. That CITY issued a Request for Proposals for a Trackless Train Concession at Leo Ryan Park from June 1, 2022, through December 31, 2024, with optional extensions through December 31, 2026; and
B. That CONCESSIONAIRE responded to the Request for Proposals and has represented that it is qualified to operate the concession; C. That the CITY and CONCESSIONAIRE wish to enter into an agreement upon the terms and conditions as hereinafter set forth.
1. Services. The services to be performed by CONCESSIONAIRE under this Agreement are set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein (“Services”).
Performance of the work specified in said Exhibit A is hereby made an obligation of CONCESSIONAIRE under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence June 1, 2022 and shall expire upon December 31, 2024 unless the City Manager, in his or her sole discretion, extends the term of this Agreement for additional one year terms through December 31, 2026.
(b) Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.
106
2 3. Compensation; Expenses; Payment. CONCESSIONAIRE shall compensate CITY in an amount and manner fully described in Exhibit B attached hereto and by this reference incorporated herein.
4. Records. CONCESSIONAIRE shall keep and maintain accurate records of its gross receipts. Said records shall be available to CITY for review and copying during regular business hours at CONCESSIONAIRE’s place of business or as otherwise agreed upon by the parties.
5. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
6. Relationship of Parties. It is understood that the relationship of CONCESSIONAIRE to the CITY is that of an independent contractor and all persons working for or under the direction of CONCESSIONAIRE are its agents or employees and not agents or employees of the CITY.
7. Schedule. CONCESSIONAIRE shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions or deviations from the schedule as needed to account for unavoidable circumstances; provided, however, that CONCESSIONAIRE obtains authorization from the CITY.
8. Indemnity. To the fullest extent allowed by law, CONCESSIONAIRE hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONCESSIONAIRE, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.
The duty of CONCESSIONAIRE to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONCESSIONAIRE to indemnify CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 107
3 CONCESSIONAIRE’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
9. Insurance. CONCESSIONAIRE shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONCESSIONAIRE’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required
to the extent applicable to
CONCESSIONAIRE’s vehicle usage in
performing services hereunder)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.
CONCESSIONAIRE agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by 108
4 CONCESSIONAIRE shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as CONCESSIONAIRE is bound to CITY under this Agreement and its accompanying documents.
Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request.
CONCESSIONAIRE shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.
Concurrently with the execution of this Agreement, CONCESSIONAIRE shall, on the Insurance Coverage form provided in Exhibit D, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, CONCESSIONAIRE must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under
CONCESSIONAIRE’s insurance policy shall be primary and non- contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONCESSIONAIRE’s insurance and not contributory with it.
CONCESSIONAIRE and its insurer may not seek contribution from CITY’s insurance or self-insurance.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.
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5 All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named CONCESSIONAIRE/Named Insured or CITY.
CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Any and all Subcontractors shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as
CONCESSIONAIRE is bound to CITY under this Agreement.
Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.
CONCESSIONAIRE shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONCESSIONAIRE fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONCESSIONAIRE.
10. WORKERS' COMPENSATION. CONCESSIONAIRE certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONCESSIONAIRE certifies that it will comply with such provisions before commencing the performance of the work of this agreement.
11. NON-DISCRIMINATION. The CONCESSIONAIRE will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONCESSIONAIRE will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONCESSIONAIRE shall at all times be in compliance with the 110
6 requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONCESSIONAIRE agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
12. Notice. All notices required by this Agreement shall be given to the CITY and CONCESSIONAIRE in writing, by first class mail, postage prepaid, addressed as follows:
CITY: Foster City Parks and Recreation
650 Shell Boulevard
Foster City, CA 94404-2299
Attention: Tiffany Oren, Recreation Manager
CONCESSIONAIRE: Kiddos Chu Chu LLC
1010 Metro Center Boulevard
Foster City, CA 94404
Attention: Cesar Aguilar, Owner
[email protected]
13. Non-Assignment. This Agreement is not assignable either in whole or in part.
14. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
15. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
16. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
17. Compliance with the Law. CONCESSIONAIRE agrees to comply with all laws in providing the Services, including but not limited to, obtaining a Mechanical Amusement Permit pursuant to Foster City Municipal Code Chapter 5.64 and a City business license. This Agreement shall authorize the CONCESSIONAIRE to conduct sales for profit in a City park pursuant to Foster City Municipal Code section 12.36.010.
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7 18. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
19. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________
Richa Awasthi, Mayor
ATTEST:
Dated: ________________________________
Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Ben Stock, City Attorney
CONCESSIONAIRE
Dated:
Cesar Aguilar, Owner of Kiddos ChuChu LLC
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8 EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
TRACKLESS TRAIN RIDE CONCESSION IN LEO J. RYAN PARK
The concession agreement grants exclusive right to a single CONCESSIONAIRE to operate a trackless train ride business for the term of the Agreement. CONCESSIONAIRE shall provide materials and staff to provide the service and shall pay to CITY a concession fee.
1. Operation of Concession:
CONCESSIONAIRE shall provide the Services necessary to operate a concession at the Leo J. Ryan Memorial Park pursuant to the terms of this Concession Agreement.
CONCESSIONAIRE shall provide all equipment necessary to operate the concession.
2. Scope of Services:
Purpose; Days and Hours; Operation. CONCESSIONAIRE will operate a trackless train ride concession, open to the general public Fridays from 12 PM to 8 PM; and Saturdays and Sundays from 10 AM to 8 PM during the concession term (June 1 to October 31), except that beginning in 2023, May 1st will be the start date of the concession term.
CONCESSIONAIRE may close operations during adverse operating conditions.
CONCESSIONAIRE will vacate the premises when requested by the City for major events or for required maintenance as determined by the City. During the winter months of November to March, CONCESSIONAIRE may operate on holidays, community events, or during City sponsored programs. CONCESSIONAIRE must receive authorization from CITY regarding operating hours during November to May.
CONCESSIONAIRE expressly agrees at all times during the term of this Agreement, at its own cost and expense, to maintain and operate the concession in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now or at any time during the term of the Agreement in force relating to public health, safety or welfare.
CONCESSIONAIRE shall comply with all laws, rules and regulations applicable thereto, adopted by federal, state or other governmental bodies or departments of officers thereof, and the Agreement is expressly subject to present and future regulations and policies of the CITY/DISTRICT.
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9 CONCESSIONAIRE shall remedy without delay any defective or dangerous conditions.
No alcoholic beverage (including beer and wine) or goods, merchandise or material that are in any way explosive or hazardous shall be sold, kept or stored on the premises. No offensive or dangerous activity shall be carried on or permitted on the premises.
Additional Requirements. Concession shall be operated under the following additional requirements:
•Garbage Disposal: It is illegal to dispose of any garbage in Foster City’s lagoon.
An enclosed receptacle for trash is required to be at the on/off-loading area at a minimum. CONCESSIONAIRE will be ultimately responsible for proper disposal of recyclable and non-recyclable items.
•Passenger Loading and Unloading: Passengers may embark and disembark only at such areas as are designated by CITY within Leo J. Ryan Park. •Proposed Route: Rides must follow established routes that have been approved by CITY. CONCESSIONAIRE may request new or additional routes by providing to CITY a written request showing the proposed route. Permission to adopt new or additional routes within Leo J. Ryan Park will not be unreasonably withheld •Noise Control: Per Foster City Municipal Code Section 17.68.030 (B), music and/or conversation shall not exceed 60 decibels.
•License: The driver of the trackless train must be at least 21 years old and have a valid California Driver’s License.
•Safety: CONCESSIONAIRE will adhere to the highest safety standards to ensure that train passengers of all ages remain safely inside the vehicle and that park users are not endangered in any way.
•Emergency Communication: CONCESSIONAIRE must have a cell phone or other communications device available at all times in case of emergency and know how to reach emergency services.
Insurance: Insurance shall be in accordance with Section 9 of the Agreement and will be reviewed by City Risk Manager and/or City Attorney.
Signs: CONCESSIONAIRE shall supply City with copies of all promotional materials at least ten days prior to use thereof for its reasonable approval. City reserves the right to approve all signs to be placed on City property. Signs must comply with the City’s Sign Ordinance, Foster City Municipal Code Chapter 15.12.
Parking: CONCESSIONAIRE shall park vehicles in areas designated by the City.
Employees and customers shall be directed by CONCESSIONAIRE to park in designated 114
10 legal parking spaces. All regulations governing controlled parking spaces and fire lanes shall be observed. The train must be stored in designated parking area when not in use.
Security: CONCESSIONAIRE retains sole responsibility for securing train and any other CONCESSIONAIRE property when not in use.
Taxes: CONCESSIONAIRE shall pay when due all taxes levied on personal property on the premises and shall pay any possessory interest tax that may be levied in connection with use of the premises. CONCESSIONAIRE agrees to indemnify and save City harmless from all such taxes.
Condition of Premises: CONCESSIONAIRE agrees to accept City premises and any improvements thereon in the existing condition, “as-is.” City shall not be obligated to make any alterations, additions, improvements or repairs.
CONCESSIONAIRE’s Personnel: CONCESSIONAIRE shall keep the City advised, in writing, of the names, mailing addresses, and phone number of all CONCESSIONAIRE employees engaged in operating the concession at the premises. All employees shall be at least 16 years of age and fully trained and qualified, to perform duties assigned to them.
They shall be recognizable as employees of the concession.
Quality of Service; Rates and Charges: CONCESSIONAIRE shall maintain a consistently high standard of service. Service rendered shall be of good quality and that the service shall be prompt, clean, courteous, and efficient. If City is of the opinion that any fee is not comparable with fees being charged in other similar operations, the City shall notify CONCESSIONAIRE and request it to justify such fee. If City shall thereafter reasonably determine that the fee is not comparable, CONCESSIONAIRE shall not implement same.
Property Inspection and Maintenance: City reserves the right of entry upon the premises at all reasonable times for inspection purposes and to do any and all work of any nature necessary for maintenance and operation of the park. CONCESSIONAIRE shall be given reasonable notice when any such work may become necessary and will adjust concession operations in such a manner that City may proceed expeditiously. City shall coordinate with CONCESSIONAIRE in an attempt to cause a minimum of interference with CONCESSIONAIRE’s activities.
Compliance: CONCESSIONAIRE expressly agrees at all times during the term of the Agreement, at its own cost and expense, to maintain and operate the concession in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now or at any time during the term of this Agreement in force relating to public health, safety or welfare. CONCESSIONAIRE shall comply with all laws, rules and regulations applicable thereto, adopted by federal, state or other governmental bodies or departments of officers thereof, and this Agreement is expressly subject to present and future regulations and policies of the 115
11 CITY.CONCESSIONAIRE shall remedy without delay any defective or dangerous conditions.
Project Schedule
a. Term. The term of the Agreement shall commence June 1, 2022 and expire on December 31, 2024.
b. Term Extensions. There are two (2) optional one (1) year extensions, which may be extended by the City Manager, in his or her sole discretion.
DESCRIPTION AND DEPICTION OF PREMISES
The trackless train concession will operate out of Leo Ryan Park and will follow the established route(s) approved by the CITY and identified below. CITY reserves the right to adjust route in the event it interferes with a City program/event or due to park maintenance/construction.
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12 EXHIBIT B
CONCESSIONAIRE’S FEES and PAYMENT MILESTONES
Payment Schedule. VENDOR shall furnish to the CITY a Statement of Gross Receipts for that amount earned as a result of the Services provided along with the amount of payment due to the City, pursuant to the schedule set forth below. “Gross Receipts” shall have the same meaning as the definition in Foster City Municipal Code section 5.08.050.
Time Period for
Gross Receipts
Amount of Payment and Due Date
June 1, 2022-
October 31, 2022
1st payment of 10% gross receipts due on October 31, 2022 November 1, 2022-
April 30, 2023
2nd payment of 10% gross receipts due on April 30, 2023 May 1, 2023 to
October 31, 2023
3rd payment of 10% gross receipts due on October 31, 2023 November 1, 2023 to
April 30, 2024
4th payment of 10 % gross receipts due on April 30, 2024 May 1, 2024 to
October 31, 2024*
5th payment of 10% gross receipts due on October 31, 2024 November 1, 2024 to
April 30, 2025 *
6th payment of 10% gross receipts due on April 30, 2025 May 1, 2025 to
October 31, 2025*
7th payment of 10% gross receipts due on October 31, 2025 November 1, 2025 to
April 30, 2026*
8th payment of 10% gross receipts due on April 30, 2026 *Payment shall Only due if term of Agreement extended
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13 EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
None
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14 EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
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15 Exhibit E
SPECIAL TERMS and CONDITIONS
None.
120
121
122
123
124
125
DATE: May 16, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Jennifer Phan, Interim Deputy City Manager
Kevin Ortiz, Management Coordinator
SUBJECT: DIRECTING THAT THE LGBTQ PROGRESS PRIDE FLAG BE FLOWN FROM JUNE 1, 2022 THROUGH JUNE 30, 2022 IN
RECOGNITION OF PRIDE MONTH PURSUANT TO THE CITY
HALL FLAG DISPLAY POLICY
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution directing that the LGBTQ Progress Pride Flag be flown in recognition of Pride Month pursuant to the City Hall Flag Display Policy beginning June 1, 2022 and continuing through June 30, 2022.
EXECUTIVE SUMMARY
On June 3, 2014, the San Mateo County Board of Supervisors unanimously approved a resolution to establish the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Commission as the state of California’s first county or city commission focused on the needs of the LGBTQ community. The San Mateo County LGBTQ Commission’s mission is cultivating San Mateo County as a welcoming and safe environment where its LGBTQ community members can thrive.
Starting in 2020, the San Mateo County LGBTQ Commission initiated its Pride Month Visibility Campaign and invited all cities and communities in San 126
Mateo County to support the LGBTQ community by recognizing Pride Month (June of each year). In 2021, all 20 cities in San Mateo County issued a Proclamation and raised the Pride Flag in the month of June. Due to the success of the countywide campaign and increased participation of cities and communities to achieve the goal of supporting LGBTQ visibility and inclusion, the LGBTQ Pride Month Visibility Campaign continues to be held on an annual basis. Foster City will plan to present a proclamation at the June 6, 2022 City Council meeting, which was approved for issuance in 2022 at the November 15, 2021 City Council meeting.
BACKGROUND/ANALYSIS
On April 4, 2022, the City received a request from the San Mateo County LGBTQ Commission to recognize June 2022 as “LGBTQ Pride Month” (Attachment 2). Similar to last year, the request for support includes issuance of a Pride Month Proclamation and raising of the LGBTQ Flag during the month of June 2022. For this year, the LGBTQ Commission request specified that the LGBTQ Progress Pride Flag be flown during Pride Month (rather than the traditional Pride Flag).
The traditional Pride Flag (Rainbow Flag) has been part of the LGBTQ movement since 1978, designed by Gilbert Baker at the request of Supervisor Harvey Milk (the first openly gay man to be elected to public office in the United States, specifically on the San Francisco Board of Supervisors). The LGBTQ community and allies use the traditional Pride Flag as an outward symbol of their identity or to support the LGBTQ community. In 2018, Daniel Quasar, a non-binary artist and graphic designer, created the LGBTQ Progress Pride Flag (Attachment 3) as a variation of the rainbow pride flag.
Specifically, the Progress Pride Flag incorporates additional colors on the flag to expand the representation of the LGBTQ community, including the transgender community as well as LGBTQ communities of color. Raising the Progress Pride Flag would highlight that Foster City is a leader in the fight for equal rights and strives to protect the rights of all Foster City community members, including the LGBTQ community.
The City Council had previously adopted a City Hall Flag Display Policy on June 15, 2020. The policy states the City Council may, by resolution, direct that commemorative flags be flown in addition to flags of the United States of America, California State Flag, and City Flag. The flying of the flags serves as an expression of the City Council’s official sentiments, and the flags may only be flown on the outdoor flagpole at City Hall. In response to this request, the 127
City Council can determine if it wishes to express its message of support for the LGBTQ community by displaying the LGBTQ Progress Pride Flag in addition to the United States of America Flag, California State Flag, and Foster City Flag in commemoration of the LGBTQ Pride Month beginning June 1, 2022 through June 30, 2022. If approved, as set forth in the policy, the State Flag would be displayed below the United States of America Flag, the Foster City Flag would be moved to where the State Flag otherwise would have flown (left mast), and the LGBTQ Progress Pride Flag would be flown where the Foster City Flag otherwise would have flown (right mast).
FISCAL IMPACT
There is a nominal fiscal impact associated with the recommended action. If approved, there will be an estimated cost between $10 and $35 to purchase the LGBTQ Progress Flag (the City currently only has a traditional Pride Flag that was donated by the Island United Church in 2020; however it has since deteriorated in condition). Funding is available in the Fiscal Year 2021-2022 City Council General Office Supplies Budget.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This requested action is in alignment with the City Council’s Vision and Mission to “create a sustainable Foster City through inclusive actions to enhance our quality of place for current and future generations.” Furthermore, this item aligns with key strategic Value/Priority Areas, including “City Council Operations and Improved Community Engagement” and “Public Safety and Social Equity,” in that it seeks to promote and support diversity and inclusivity throughout the community.
Attachments:
Attachment 1 – Resolution
Attachment 2 – San Mateo County LGBTQ Commission Request Attachment 3 – LGBTQ Pride Progress Flag
128
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY DIRECTING THAT THE LGBTQ PROGRESS PRIDE FLAG BE FLOWN FROM JUNE 1, 2022 THROUGH JUNE 30, 2022 IN RECOGNITION OF PRIDE MONTH PURSUANT TO THE
CITY HALL FLAG DISPLAY POLICY
CITY OF FOSTER CITY
WHEREAS, historically the City has flown the United States Flag, the California State Flag, and a Flag displaying the City’s Seal on the three-pronged flagpole at City Hall; and
WHEREAS, display of flags at City-owned sites is governed by the Foster City Flag Protocol policy, but this policy does not specifically enumerate which flags are to be flown; and
WHEREAS, the United States Flag, California State Flag, and City Seal flags are to be regularly flown outside City Hall; and
WHEREAS, the City Hall Flag poles are not intended to serve as a forum for free expression for the public; and
WHEREAS, the City Hall Flag Display Policy established the process by which the City Council may direct, by resolution, that alternative flags be displayed on the flagpole at City Hall, in addition to the flags of the United States of America, State Flag, and City Flag; and
WHEREAS, the City Council adopted the City Hall Flag Display Policy on June 15, 2020; and
WHEREAS, the City Council may retain control over the messages conveyed on the City Hall Flag poles through the City Hall Flag Display Policy and may express its own its own viewpoint by choosing which alternative flags, if any, are displayed; and WHEREAS, the City Council wishes to express its own message of support for the LGBTQ community and join the County of San Mateo to observe Pride Month with raising of a Progress Pride Flag to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby incorporate the foregoing recitals herein as true and correct.
BE IT FURTHER RESOLVED that the City Council hereby directs that the LGBTQ Progress Pride Flag be flown beginning June 1, 2022 and continuing through June 30, 129
2022 on the flagpole at City Hall in addition to the regularly flown flags pursuant to the City Hall Flag Display Policy.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
130
Hi Mayor Awasthi,
I simply wanted to follow up regarding the email below and Pride Visibility in San Mateo County.
I wanted to offer support of the LGBTQ Commission to either accept Foster City’s Proclamation (if you don’t have another person to accept) and to attend Foster City’s flag raising. Many cities are raising the flag the first week of June so the coordination is important should you want us to attend.
Thank you!
Tanya Beat
Pronouns: she/her/hers
Director
650-363-4467
|
Hours: M-Th, 7:30am – 6:00pm
From:
Tanya Beat <[email protected]>
Sent: Monday, April 4, 2022 5:37 PM
To: [email protected]
Cc: Priscilla Schaus <[email protected]>
Subject: Pride Visibility, Flag & Pride Month reminder
Good Evening Mayor Awasthi and City Clerk Tam,
For the last
year, fear of the LGBTQ community and legislation against transgender individuals across the United States has created an environment of fear, mistrust, and has taken significant impact on our mental health, even more so for the vulnerable members of the community.
On behalf of the LGBTQ Commission of San Mateo County, I am writing to ask for your support of the LGBTQ community in Foster City during Pride Month (June 2022).
The support that we request
and the suggestions we provide you are intended to bring visibility and inclusion to the forefront of your city for your LGBTQ residents. This visibility and inclusion allows your LGBTQ residents to know that they are seen and that they belong. During this continued time of isolation, social inequities, and division, these simple acts of visibility create a deeper sense of connection and inclusion for everyone in the community.
We request the following for your city to implement that supports the LGBTQ residents of Foster City during Pride Month.
4 Wks before the proclamation or by May 1, remind Council or staff to Raise the LGBTQ Progress Rainbow Flag for the month of June.
The LGTBQ Rainbow Flag has been part of the LGBTQ movement since 1978, designed by Gilbert Baker at the request of Harvey Milk (the first openly gay man to be elected to public office in the United States).
The LGBTQ community and allies use the Rainbow Flag as an outward symbol of their identity or support.
By raising the LGBTQ Progress Rainbow Flag,
this highlights to your residents that Foster City is a leader in the fight for equal rights, ATTACHMENT 2
131
and that you will continue to push not only protect the rights of everyone in Foster City, but to expand those rights.
Pride Month Proclamation
Issue a proclamation to declare June 2022 as Pride Month for Foster City. A template proclamation can be found here.
Progress Pride Flag symbol on your City website
Short History of Pride (San Mateo County summary can be found here) List of County LGBTQ organizations and services with links to their websites Behavioral Health & Recovery Services: https://www.smchealth.org/bhrs Office of Diversity & Equity: https://www.smchealth.org/office-diversity-equity Pride Initiative: https://www.smchealth.org/pride-initiative San Mateo County Pride Center: https://sanmateopride.org/ Outlet, Adolescent Counseling Services: https://www.acs-teens.org/what-we-do/outlet/ LGBTQ Commission: https://www.smcgov.org/lgbtq
Coastpride: https://coastpride.org/
As part of supporting the local LGBTQ community in San Mateo County, we are happy to support your city’s efforts and ask that you contact us with any questions or if you need help with these recommendations. Our LGBTQ Commission meets monthly on the first Tuesday from 6:30-8:30PM (virtually). Access information, agenda and contact information is on the LGBTQ Commission website (https://www.smcgov.org/lgbtq
) --we welcome your attendance and look forward to your partnership in supporting the LGBTQ residents of San Mateo County!
Warmly,
Tanya Beat (she/her/hers)
Director
LGBTQ Commission
Commission on the Status of Women
County of San Mateo
132
ATTACHMENT 3
133
DATE: May 16, 2022
TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Edmund Suen, Interim City/District Manager
FROM: Louis Sun, Public Works Director
SUBJECT: AWARD OF MASTER AGREEMENT FOR PROFESSIONAL ON-
CALL ARCHITECTURAL/BUILDING SERVICES WITH BARTOS
ARCHITECTURE, INC.
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) adopt the attached resolution approving the award of a three-year master agreement with Bartos Architecture, Inc. (Bartos) for professional on- call architectural/building services with authority given to the City/District Manager (City Manager) to extend the agreement on a yearly basis for up to two additional years.
EXECUTIVE SUMMARY
The Public Works Engineering Division is responsible for the delivery of the City’s Capital Improvement Projects (CIPs). Upcoming CIP projects requiring qualified professional architectural/building consultants include various HVAC improvements and roof replacements in multiple City buildings, the government center rehabilitation project, elevator renovation project, and a new amphitheater shade structure.
The approval of the master agreement with Bartos will provide the Public 134
Works Department assistance in assessing projects, providing technical studies, design development, and other on-call service needs. Bartos will be able to provide professional support on several current and future CIPs requiring professional architectural/building engineering services. The proposed action is consistent with the City’s purchasing policy. Use of multi- year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City’s infrastructure by augmenting staff resources experiencing higher demand. It also serves as a risk management tool to quickly address emergencies, shifting priorities, and staff vacancies. The authorization of this master agreement does not award any work to Bartos; it establishes the firm as an approved resource from which to seek professional services as needs are identified. Following execution of the Master Agreement, staff will request cost information and scope of work for Roof Replacements and City Buildings (CIP 301-693). If the scope of work exceeds the City Manager’s authority, staff will bring the task order to the City Council prior to authorizing the work to proceed.
BACKGROUND
The City utilizes consultants for professional engineering services and other specialty professional services on CIPs and private development projects, to support the operations of the Public Works Department as a standard practice. Services provided assist staff in specific areas of technical and professional expertise.
At its July 19, 2021 Council meeting, the City Council adopted Resolutions No. 2021-108 and 3594 authorizing staff to issue the request for proposal/qualifications (RFP/Q) and initiate the consultant selection process for program management, construction management, engineering, architectural, and other professional services. The RFP/Q was posted on the Foster City website and was distributed to over 100 consulting firms, including 15 architectural firms and an agency that advertises projects for the benefit of consultant clients. The City received one proposal for Service Area 3- Architectural / Building Services, on the due date of September 16th, 2021. An evaluation committee consisting of Engineering staff reviewed the proposal from Bartos and conducted an interview. After review of the proposal and discussions with the proposed project team, Bartos was determined well qualified, in addition to meeting the criteria established by the RFP/Q.
There are 35 existing and 21 new CIP projects identified in the City’s 5-year 135
CIP. On June 21, 2021, the City Council adopted the FY 2021-2022 budget, maintaining the current engineering staffing levels and authorizing staff to hire consultant support services to augment staff to assist the Engineering Division with the delivery of the City’s Capital Improvement program.
ANALYSIS
The City’s Public Works Department is responsible for planning, building, and maintaining the City’s infrastructure. The Department is comprised of administration and engineering; streets and traffic signal maintenance; water, wastewater, and stormwater maintenance and operations; levee and lagoon maintenance and operations; and solid waste operations. Within the past year, the Public Works Department was expanded to include oversight of the City’s vehicle fleet, facilities maintenance operations, and the parks system CIP. The Public Works Engineering Division is responsible for the management and delivery of the City’s Capital Improvement Program for all the critical City Infrastructure managed by each of the operating divisions mentioned above.
Master agreements are an efficient tool for providing technical staff support and shorten the time needed to identify qualified firms while adhering to City/District purchasing policy. This enables the City/District to respond more quickly to needs by utilizing a consulting firm’s services on an as-needed basis for a specific activity. These services are temporary and obtained only for the length of time needed to complete the tasks.
A Master Agreement that involves on-call professional services only provides a list of qualified and vetted consulting firms. Once a master agreement is in place with the firm identified, staff interacts with these firms on an as-needed basis to find the most appropriate level of expertise and knowledge to carry out a specific task.
Bartos will work under a Project Engineer to handle engineering service tasks as they are required. A letter proposal will be requested from Bartos when engineering service tasks are required. The letter proposal will set forth the scope, fee, personnel, and time of performance for the task. The letter proposals will be approved through a task order under the Master Agreement and a purchase order established for a not-to-exceed amount from a funding source as established in the annual budget.
The master agreement includes the same language as the City’s standard 136
professional services agreement, and will specify the billing rates, personnel to be assigned, and other terms as identified in the Citys standard professional services agreement.
The agreement will be for three years with an option to extend yearly for up to two additional years.
FISCAL IMPACT
The authorization of this master agreement would not result in a direct expenditure of City resources. Tasks would be assigned through the Master Agreement to meet the needs and demands identified for each future fiscal year through the adoption of the annual budget and the Capital Improvement Program.
The contract amount for services would be identified for each project, depending on the scope of work/services, and the number and type of professionals/technicians used. The costs of these services are budgeted in the program or capital project for which the services are needed. No additional appropriations are being requested at this time. If the scope of work exceeds the City Manager’s authority of $50,000, staff will return to the City Council to seek approval to award the task.
CITY COUNCIL/EMID BOARD OF DIRECTORS VISION, MISSION, AND
VALUE/PRIORITY AREA
This action supports the "Facilities & Infrastructure" Value/Priority Area. The professional services identified in the master agreement will support the Public Works Department’s effort to deliver the ongoing and future facilities and infrastructure capital improvement projects.
Attachments:
Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Master Agreement
137
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AUTHORIZING THE MAYOR TO EXECUTE A MASTER AGREEMENT WITH BARTOS ARCHITECTURE, INC. FOR PROFESSIONAL ON-CALL ARCHITECTURAL/BUILDING
SERVICES
CITY OF FOSTER CITY
WHEREAS, Resolution No. 2021-108 approved the issuance of the Request for Proposals and/or Qualifications for specialized limited-term project-based professional services to allow qualified consultants to assist the Public Works Department; and WHEREAS, one request for proposal for architectural/building services from Bartos Architecture was received on September 16, 2021; and WHEREAS, Bartos Architecture, Inc. (Bartos) staff and owner were interviewed and found to be well qualified and met the criteria established in the RFP/Q; and WHEREAS, current and upcoming Capital Improvement Projects will require architectural/building expertise from qualified consultants to assist the work of City of Foster City Engineering staff; and
WHEREAS, the use of multi-year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City’s infrastructure by augmenting staff resources; and
WHEREAS, the proposed action is consistent with the City’s purchasing policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the award of a three-year master agreement dated May 16, 2022 with Bartos for professional on-call architectural/Building Services with authority given to the City Manager to extend the agreement on a yearly basis for up to two additional years.
138
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
139
RESOLUTION NO.____________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT AUTHORIZING THE DISTRICT PRESIDENT TO EXECUTE A MASTER AGREEMENT WITH BARTOS ARCHITECTURE, INC. FOR ON-CALL ARCHITECTURAL/BUILDING SERVICES.
CITY OF FOSTER CITY
WHEREAS, Resolution No. 3594 approved the issuance of the Request for Proposals and/or Qualifications for specialized limited-term project-based professional services to allow qualified consultants to assist the Public Works Department; and WHEREAS, one request for proposal for architectural/building services from Bartos Architecture was received on September 16, 2021; and WHEREAS, Bartos Architecture, Inc. (Bartos) staff and owner were interviewed and found to be well qualified and met the criteria established in the RFP/Q; and WHEREAS, current and upcoming Capital Improvement Projects will require architectural/building expertise from qualified consultants to assist the work of City of Foster City Engineering staff; and
WHEREAS, the use of multi-year master agreements assists the timely delivery of capital improvement projects and programs/services to maintain the City/District’s infrastructure by augmenting staff resources; and
WHEREAS, the proposed action is consistent with the District’s purchasing policy.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the award of a three-year master agreement dated May 16, 2022 with Bartos for professional on-call architectural/building services with authority given to the District Manager to extend the agreement on a yearly basis for up to two additional years.
140
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY
141
1 MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT FOR
PROFESSIONAL ON-CALL ARCHITECTURE/BUILDING SERVICES
This Agreement is made and entered into as of the 16 th day of May, 2022 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Bartos Architecture, Inc. hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide professional architecture and building engineering services and related services; WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed); WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.
WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in each Task Order and Exhibit “B,” Scope of Services, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit B and each Task Order is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order. 142
2 1. Term; Termination.
(a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. Initial contract period shall be from May 16, 2022 to May 15, 2025. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from May 16, 2025 to May 15 2026. The third contract period will be from May 16, 2026 to May 16 2027. Renewal shall be by mutual consent of CONSULTANT AND CITY/DISTRICT as approved by the City Council/District Board. CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT. (b) Notwithstanding the provisions of (a) above, CITY/DISTRICT may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY/DISTRICT may determine in its sole discretion.
(c) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY/DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY/DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY/DISTRICT determines that such termination is in CITY/DISTRICT’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.
CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
2. Compensation; Expenses; Payment. CITY/DISTRICT shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “C” hereof, attached hereto and by this reference incorporated herein.
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3 Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the total amount identified in all Task Orders issued by the City/District against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City/District. Invoices for amounts in excess of each Task Order shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY/DISTRICT, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY/DISTRICT including, without limitation, CONSULTANT's transmittal of all deliverables to CITY/DISTRICT required by EXHIBIT B and each Task Order.
CITY/DISTRICT shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY/DISTRICT receives all deliverables required under Exhibit B and each Task Order, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY/DISTRICT may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY/DISTRICT. CITY/DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.
CITY/DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY/DISTRICT to CONSULTANT under the terms and conditions of this Agreement.
Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT. CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments. 144
4 CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].
CONSULTANT shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.
4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY/DISTRICT’s Authorized Representative. The CITY/DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed. CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY/DISTRICT’s request. Such proposal shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services.
Upon the approval of the terms of the proposal by CITY/DISTRICT’s Manager (for contracts less than $50,000) or CITY Council/ DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the CITY/DISTRICT's Authorized Representative shall issue a Task Order against this agreement. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.
5. Records and Audit. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall 145
5 be available to CITY/DISTRICT for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.
Any authorized representative of CITY/DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY/DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY/DISTRICT shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
CONSULTANT represents that it has reviewed Exhibit B and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit B.
CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY/DISTRICT or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits 146
6 will be procured and maintained in force by CONSULTANT at no expense to CITY/DISTRICT.
CONSULTANT represents that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY/DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY/DISTRICT or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY/DISTRICT, become the property of CITY/DISTRICT.
9. Relationship of Parties. It is understood that the relationship of CONSULTANT to the CITY/DISTRICT is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY/DISTRICT.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY/DISTRICT shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Indemnity.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, 147
7 employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.
(b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless CITY/DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY/DISTRICT under this Agreement.
(c) CITY/DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors.
CITY/DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liability insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, CITY/DISTRICT shall have no responsibility for the inadvertent omission of such provisions.
(d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement.
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8 (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance. CITY/DISTRICT shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials. CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY/DISTRICT’s hazardous materials consultants. (f) Duty to Cooperate. CONSULTANT shall notify CITY/DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY/DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement.
Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY/DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.
12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY/DISTRICT may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY/DISTRICT for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service.
In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY/DISTRICT at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
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9 13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY/DISTRICT setting forth the provisions of this non-discrimination clause.
15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Laura Galli
CONSULTANT: Bartos Architecture, Inc.
1730 South Amphlett Blvd., Suite 225
San Mateo, CA 94402
Attention: Mark Bartos
[email protected]
16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY/DISTRICT has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement.
CONSULTANT shall not assign or subcontract this Agreement without CITY/DISTRICT’s express written consent. Further, CONSULTANT shall 150
10 not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
21. Conflict of Interest. CONSULTANT may serve other clients, but none who are active within the City of Foster City/Estero Municipal Improvement District or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.
22. Liability of CITY/DISTRICT. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance,
CITY/DISTRICT's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY/DISTRICT be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or 151
11 incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY/DISTRICT shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY/DISTRICT. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY/DISTRICT from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY/DISTRICT employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY/DISTRICT or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY/DISTRICT or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.
23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY/DISTRICT, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY/DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.
These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.
24. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
25. Entire Agreement. This Agreement, including Exhibits A, B, C, D and E, comprises the entire Agreement.
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12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY/ESTERO MUNICIPAL
IMPROVEMENT DISTRICT
Dated: _________________________________ Richa Awasthi, Mayor/President
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary
APPROVED AS TO FORM
Dated:
Benjamin Stock,
City Attorney/District Legal Counsel
CONSULTANT
Dated:
Mark Bartos, President
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SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]
TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Bartos Architecture, Inc. ("Consultant").
RECITAL
A. City and Consultant entered into an agreement entitled Master Architecture and Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.
2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.
3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.
4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.
IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.
City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: Mark Bartos
Title: City Manager if < $50,000 Title: President
Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________
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SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE,
PROFESSIONAL ON-CALL ARCHITECTURE/BUILDING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]
SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated May 16, 2022, by and between Bartos Architecture, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.
1.Description of the Project:
1.1 DESCRIPTION: Description of Project
2.Basic Services:
The CITY/DISTRICT has developed a general scope of work as described below.
PAYMENTS
1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
Maximum Payment Amount
2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
List Methods of Payment
3. TIMES OF PAYMENTS.
List Times of Payments
PROJECTS AND SCHEDULE
List Project Schedule (IF APPLICABLE)
END OF EXHIBIT B
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FEE SCHEDULE
Principal Architect (Pres.) $200 per hour
Project Managers $175 per hour
Job Captain $150 per hour
Architecture Staff $125 per hour
Architectural Drafting $100 per hour
Graphic Designer $100 per hour
Architectural Interns $50 per hour
High School Interns TBD
Billing Practices
No Consultant Fee Mark Up
Bartos does not “mark-up its consultant costs. Traditionally Architecture firms add a 10- 15% mark-up on the cost of consultant work.
No Printing or Delivery Cost Mark up
Bartos does not mark-up Printing costs.
No Mileage Reimbursement
Bartos does not charge for travel expenses (mileage) to and from job sites or client meetings.
No “Acceleration” Fees
Bartos does not charge an acceleration fee for projects requiring accelerated work schedules/staff overtime.
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16 EXHIBIT D
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated May 16, 2022, by and between Bartos Architecture, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.
1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City/District and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City/District's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.
Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City/District as an additional insured.
1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City/District), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products- Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate. *Please note, the City/District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City/Estero Municipal Improvement District, its Council/Board members, officials, agents, officers, volunteers and employees”.
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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) aggregate.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City/District and must be approved by the City/District Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2.City/District as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City of Foster City/Estero Municipal Improvement District, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3.Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as 158
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otherwise indicated herein. Each insurance policy supplied by consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.
Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City/District Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City/District will not accept such coverage unless the City/District determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City/District, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City/District, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City/District from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City/District, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City/District may purchase such required insurance coverage, and without further notice to Consultant, City/District shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City/District for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City/District for the premiums and any associated costs, Consultant agrees to reimburse City/District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City/District to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8 City/District may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner-controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by consultant and its subconsultants by virtue of the City/District's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City/District access to their books and records and cooperate with City/District in verifying the amount of savings realized.
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ATTACHED
1. Insurance Coverage Form
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EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
ADDRESS:
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TELEPHONE: ( ) DATE ISSUED:
END OF EXHIBIT D
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EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Bartos Architecture, Inc. (“Consultant”) dated May 16, 2022.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID- 19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City/District Directed Suspension. The City/District may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City/District may suspend the Services for its convenience. The 163
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Consultant is entitled to a time extension for a City/District Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City/District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID-19 Cost.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City/District may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City/District any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City/District building.
In the event of an outbreak or an exposure to COVID-19, the City/District may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
IN WITNESS WHEREOF, the City/District and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Mark Bartos, President Richa Awasthi, Mayor/President
END OF EXHIBIT E
164
DATE: May 16, 2022
TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Edmund Suen, Interim City/District Manager
FROM: Julie Paping, Interim Principal Management Analyst
SUBJECT: Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions extending the proclamation of the existence of a local emergency caused by the threat of the novel Coronavirus (COVID-19), and proclaiming the continuing need for City Council/EMID Board of Directors, Planning Commission, and Committees to meet by teleconference and allow for increased meeting accessibility via in person and teleconference meeting participation (Attachments 1 and 2).
The general update is informational only and no further action is required.
BACKGROUND
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus 165
(COVID-19). On March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health Officer issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.
The City Manager, acting as the City’s Director of Emergency Services, was authorized to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. As a result, on March 16, 2020, the City Manager acting as Director of Emergency Services proclaimed the existence of a local emergency due to conditions and threatened conditions of peril due to the expansion of the COVID-19 virus. Pursuant to California Government Code Section 8630, the City Council ratified the proclamation made by the Director of Emergency services on March 18, 2020 per Resolution No. 2020-23, within the required seven (7) days of the proclamation.
Local Emergency
Since the proclamation of the existence of a local emergency back in March, the City Council has continued to receive updates at its meetings on the operational impacts and actions taken by the City related to COVID-19. The City Council had also received an overview of the City's recovery plan at its Vision & Policy Summit on June 4, 2020 and a presentation from the County of San Mateo on its Recovery Initiative on October 5, 2020. On October 6, 2020, the County Board of Supervisors accepted the final report on the SMC Recovery Initiative, which outlines a path toward a more equitable, healthy and connected community in the recovery from COVID-19.
To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, and April 18, 2022. Per Government Code Section 8630, the City 166
Council must reevaluate whether to continue the proclamation of the existence of a local emergency every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.
Continuing In-Person/Teleconference Hybrid Meetings
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No.
N-29-20 (as revised by Executive Order No. N-08-21), which modifies the requirements for conducting meetings via teleconference during the COVID- 19 pandemic, expired on September 30, 2021. While the intent of Executive Order No. N-29-20 and AB 361 are both to facilitate public access to meetings via teleconferencing options, there are differences between the two. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021 expiration of the current Brown Act exemptions as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.
On October 18, 2021, the City Council/Board of Directors approved resolutions to implement and utilize teleconference accessibility to conduct public meetings, pursuant to AB 361. Findings must be made every thirty (30) days to continue to the practice of such. By approving the resolutions attached, the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable. Approving the resolutions under AB 361 would also allow the continued flexibility that was provided by Executive Order No. N-29-20 to allow
Councilmembers/EMID Board Members or Planning Commissioners and other Committee Members to attend the meeting via teleconference without following the normal teleconference requirements under the Brown Act, which include listing the teleconference location on the published agenda and posting the agenda at the site of the teleconference. If circumstances change and it is determined that safety concerns prohibit in-person meeting participation entirely, members may pivot to teleconferencing only without the preparation that is otherwise required under the Brown Act, while maintaining accessible public meetings.
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Timeline
A summarized timeline of the various directives and orders as it pertains to the County of San Mateo, from the start of the pandemic to-date, is outlined in Attachment 3. At the outset of the pandemic, health orders were frequently changing in response to the varying COVID-19 case/transmission rates. City staff has since then provided updates to City Council at its regular meetings to keep both the City Council and the community abreast of any new developments on COVID-19 that may arise. The frequency of these updates transitioned to a monthly basis on March 2020. In alignment with the State's reopening, as well as the County of San Mateo ceasing its biweekly briefings, these updates are provided (for informational purposes only) on an as needed basis or every thirty (30) days when the proclamation of the existence of a local emergency is brought brought back to City Council for renewal (until no longer necessary) in conjunction with the findings of continuing the need to conduct teleconferenced meetings until no longer applicable. Timely updates and information will continue to be issued and available through the County of San Mateo directly, or on the City website and via the weekly e-Newsletter.
Latest Updates
San Mateo County lifted universal mask requirements for vaccinated individuals for most indoor public settings beginning Wednesday, February
16. Unvaccinated individuals still need to wear masks indoors. Everyone, regardless of vaccination status, was required to wear masks indoors in high- risk settings, including transportation centers, health care settings, congregate settings like correctional facilities and homeless shelters, long- term care facilities, and in K-12 schools and childcare settings. However, under a Federal judge's ruling, masks are no longer required on public transportation conveyances and at transportation hubs effective April 18, 2022. And effective April 6, 2022, the California Department of Public Health updated its guidance so that masking in schools is no longer required.
Regardless, the CDC, California Department of Public Health, and the San Mateo County Health Department strongly encourage masking as a way to prevent exposure to COVID-19.
The City Council returned to in-person, hybrid public meetings on March 7, 2022. Effective March 14, 2022, employees and members of the public are no longer required, though strongly encouraged, to wear masks at all Foster City facilities, including City Hall and the Council Chambers. 168
Vaccinations and booster shots are still available throughout San Mateo County, at County-sponsored clinics, community clinics, private health care providers, pharmacies and other venues. To find a clinic, please visit https://www.smchealth.org/vaccine-clinic-calendar. Appointments are not required, though strongly encouraged, as only a limited number of participants without appointments may be vaccinated. Appointments can be made at https://myturn.ca.gov or by calling the CA COVID-19 Hotline at 1- 833-422-4255.
Residents 50 and over and those who are immunocompromised are now eligible for a second COVID-19 booster, four months after their first booster.
Those eligible for a second booster may book an appointment through the state's MyTurn system as of April 6. The County Health's community clinics will provide boosters for walk-ins, though appointments are recommended to avoid long waits.
As of May 3, 2022, a total of 774,990 individuals have been vaccinated in San Mateo County with at least one dose, representing 97.3% of the population age 12+ or 94.8% of the population age 5+.
San Mateo County Health and other Bay Area health departments have stated the number in COVID-19 cases have increased, and are stressing awareness and vigilance. In the latest message from the chief of San Mateo County Health, dated May 6, 2022, "Within the Centers for Disease Control rubric, San Mateo County is categorized as “medium.” ... an average of 276 new cases per day reported to public health during the last week." Key prevention strategies such as masking in crowded indoor spaces, getting vaccinated or boosted, testing etc. remain important to reduce the spread of the disease. For those looking for testing locations and schedules, please visit https://www.smcgov.org/testing.
The State is also adapting some of the COVID-19 testing sites it supports in partnership with local health departments, such as the one located at the College of San Mateo, to serve as Test to Treat sites. Residents who test positive will be assessed for oral medications, and if they qualify, medication will be dispensed at the site. More information about this federal initiative is available here: https://aspr.hhs.gov/TestToTreat.
ANALYSIS
With the disruption in normal operations due to COVID-19 and the Public Health Order to “Shelter in Place”, City operations were implemented based 169
on essential functions identified in the City's Continuity of Operations (COOP) and Continuity of Government (COG) Plan.
In the City's response to COVID-19, the main objective is to keep the community safe, reduce the risk of transmission, and help slow the spread of the novel Coronavirus (COVID-19). Outlined in the COVID-19 Response Plan Summary are six broad priority areas in which the City has focused its efforts to-date (Attachment 4).
FISCAL IMPACT
There is no fiscal impact associated with adoption of the resolutions.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment to the "City Council Operations and Improved Community Engagement," "Public Safety and Social Equity," and "Staff Empowerment and Operational Excellence" Value/Priority Areas. The City recognizes the importance of reliable and timely communications to public, and as such, will continue to ensure delivery of information for all matters related to City services and COVID-19 response and recovery are shared.
Increasing accessibility to public meetings amid the COVID-19 crisis encourages the public to engage with the City Council/EMID Board of Directors, Planning Commission, and Committees in an equitable and safe manner.
Attachments:
Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing)
Attachment 3 - COVID-19 Timeline (as of May 4, 2022)
Attachment 4 - COVID-19 Response Plan Summary (as of May 4, 2022)
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RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE THREAT OF THE NOVEL COVID-19 VIRUS, AND PROCLAIMING
THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND
COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED
MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING
PARTICIPATION
CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and 171
extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021, December 13, 2021, January 18, February 22, March 21, and April 18, 2022, per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021-63, 2021-103, 2021-129, 2021-172, 2021-185, 2022- 5, 2022-15, 2022-28, and 2022-39 respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and
WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations; and
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WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:
1. The proclamation of a local emergency is hereby extended for at least an additional 60 days, or until the proclamation is next extended by resolution. Per Government Code Section 8630, the City Council shall review and renew this declaration every 60 days until the emergency is terminated.
2. The City Council of the City of Foster City hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
3. Due to COVID-19, holding meetings in-person only will present imminent risks to the health and safety to attendees; and
4. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and have began holding hybrid meetings in accordance with Government Code section 54953(e).
5. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers 173
for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.
6. The City Council hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.
BE IT FURTHER RESOLVED, that the City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
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RESOLUTION NO.____________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE
ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,
PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE
AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND
TELECONFERENCE MEETING PARTICIPATION
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021, January 18, February 22, March 21, and April 18, 2022 per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, and 3644 respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:
1. The Estero Municipal Improvement District Board of Directors (EMID Board) hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the EMID Board.
2. Due to COVID-19, holding meetings in-person only will present imminent risks to the health and safety to attendees; and
3. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and have began holding hybrid meetings in accordance with Government Code section 54953(e).
4. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.
5. The EMID Board of Directors hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.
BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 176
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY
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Attachment 3
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Wednesday, May 4 , 2022
DATE ACTIVITY/DESCRIPTION
March 4, 2020 Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19).
March 5, 2020 County of San Mateo declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County.
March 31, 2020 County of San Mateo Public Health Officer issued a new order extending the "shelter in place" period through May 3, 2020, which was a complement to the indefinite statewide stay -at- home order issued by Governor Gavin Newsom earlier in March.
April 29, 2020 County of San Mateo Public Health Officer issued a new order (alongside the other Bay Area Health Officers) extending the shelter in place orders through May 31, 2020.
May 15, 2020 A revised order was issued, superseding the last order, bringing County of San Mateo into alignment with early Phase 2 of Governor Gavin Newsom’s Resilience Roadmap . The order maintained that all individuals continue to shelter in place and continues to restrict most activity, travel, and governmental and business functions to essential needs, outdoor activities, and outdoor businesses but adds additional businesses and activities to the list of permitted functions.
May 28, 2020 A revised order was issued with a few modifications to the previous order to allow places of worship to hold services and retail stores to allow customers inside. It also provided guidelines for additional activities such as car parades and protests.
June 4, 2020 A revised order was issued to allow outdoor dining and charter boat operations, as well as amending the guidelines for funerals.
June 17, 2020 The County of San Mateo Public Health Officer rescinded the shelter in place order and replaced it with the Safer Community Order. The Safer Community Order align ed County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 50 people, outline d social distancing and face covering requirements, allow ed for "social bubbles," and requir ed businesses to implement a social distancing protocol and written health and safety plans.
July 29, 2020 County of San Mateo was added to the state's monitoring list due to an increase in the rate of COVID-19 cases in the County and as a result, specific indoor businesses were required to cease operations starting August 2, unless they could be modified to operate outside or by pick-up.
August 28, 2020 County of San Mateo was placed in the purple tier rank or "widespread" county risk level under the State's new color-coded reopening system.
September 22, 2020 County of San Mateo moved to the red tier rank or "substantial" county risk level.
October 27, 2020 County of San Mateo moved to the orange tier rank or "moderate" county risk level.
November 17, 2020 As COVID-19 cases and hospitalizations surged and ICU capacity levels declined, County of San Mateo rolled back to the red tier rank or "substantial" county risk level.
November 29, 2020 County of San Mateo then rolled back to the purple tier rank or "widespread" county risk level.
November 30, 2020 A Limited Stay at Home order went into effect.
December 17, 2020 A Regional Stay at Home order then went into effect.
January 25, 2021 The Regional Stay at Home order ended and the County of San Mateo returned to the purple tier rank or “widespread” county risk level.
February 24, 2021 County of San Mateo moved into the red tier rank or "substantial" county risk level.
March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level. 178
April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.
Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.
April 6, 2021 Governor Gavin Newsom outlines the State’s next step in the COVID-19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met.
April 15, 2021 The California Department of Public Health adjusted its Orange Tier 3 guidance for gatherings, private events and indoor seated live events and performances. O utdoor gathering size increases to 50 people. For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people. Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in-state visitors.
May 3, 2021 The California Department of Public Health provides updated guidance on use of face coverings, which essentially provides exceptions for those fully vaccinated in outdoor settings.
May 12, 2021 County of San Mateo moved into the yellow tier rank or "minimal" county risk level.
May 19, 2021 Bay Area Health Officers release statement in support of the California Department of Public Health’s strategy to continue with current masking guidance until June 15, when the State will align with the CDC’s updated masking guidance.
June 3, 2021 Bay Area Health Officers release statement in support the opening of California schools for full time in-person instruction for all grades in the fall of 2021.
June 15, 2021 State of California officially reopens and moves “Beyond the Blueprint” which ends the color- coded reopening tier systems and lifts most restrictions on businesses. Most County of San Mateo offices reopen in-person as well.
July 16, 2021 County of San Mateo Joins Bay Area Counties in recommending masking indoors as precaution against COVID-19, particularly the increased circulation of the Delta variant.
July 19, 2021 City of Foster City began hybrid in-person and virtual City Council meetings.
July 26, 2021 County of San Mateo announces face coverings are required solely at County -operated facilities.
July 26, 2021 City of Foster City reopened City Hall to the general public for walk-ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday.
July 29, 2021 City of Foster City announces face coverings are required at all times indoors when visiting City facilities.
August 3, 2021 County of San Mateo issues a health order requiring all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions.
August 9, 2021 City of Foster City reopened Recreation Center and began offering indoor programs again.
August 26, 2021 Bay Area Health Officers release statement reaffirming support for full in-person school, given safety measures and flexibility for different approaches to meet the needs and capacities of a of schools and districts.
September 16, 2021 Governor Gavin Newsom signs Assembly Bill 361, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08-21), which modifies the requirements for conducting meetings via teleconference during the COVID -19 pandemic, expire s on September 30, 2021. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.
September 30, 2021 San Mateo County Health announces it will be launching Booster Clinics at the Event Center October 7, 2021 Bay Area Health Officers issue criteria for lifting COVID-19 indoor masking requirements to allow organizations to set those requirements independently.
October 18, 2021 City of Foster City/EMID adopts resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 179
interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.
December 1, 2021 The California Department of Public Health has published a fact sheet about the Omicron variant. County Health is working with the state to understand potential local impacts.
December 15, 2021 The California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces. The order is in effect December 15, 2021 to January 15, 2022.
January 5, 2022 The California Department of Public Health announces the extension of its mask mandate. The order is in effect December 15, 2021 to February 15, 2022.
January 5, 2022 City of Foster City/EMID announces that City Council, Planning Commission, citizen advisory committees, and other public meetings will be held virtually for the months of January and February starting January 13, 2022.
February 16, 2022 Indoor masking is no longer required by the State or County, except for unvaccinated individuals. Everyone, regardless of vaccination status, must continue to mask indoors in high- risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.
March 7, 2022 The City Council returned to in-person hybrid public meetings.
March 14, 2022 Indoor masking is no longer required, though strongly encouraged, at City facilities.
April 6, 2022 California Department of Public Health updated is guidance so that masking in schools is no longer required, though strongly encouraged.
April 18, 2022 Federal j udge issues ruling that masks are no longer required on public transportation conveyances and at transportation hubs.
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