Agenda packet — Foster City City Council, April 3, 2023 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85726807651PUBLIC 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.

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 the 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/85726807651
To dialin via phone:
16699006833 or
14086380968
And enter Webinar ID: 857 2680 7651
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 dialin 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) 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, April 03, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 915, 2023 as “National Public Safety Telecommunicators Week”

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.

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.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. 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 Special Meeting Minutes of February 27, 2023

6.2. City/EMID Regular Meeting Minutes of March 20, 2023

6.3. City/EMID Special Meeting Minutes of March 27, 2023

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to VSS International, Inc. for the Construction of the Street Rehabilitation Project FY 21/22 (CIP 301703) and Park Pathway Restoration Project FY 21/22 (CIP 301702); and Execution of a Task Order with CSG Consultants for Construction Inspection Services, Material Testing Services and Construction Support Services.

CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301709) and Finding That the Projects Are Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
CEQA: Categorically Exempt per California Environmental Quality Act Guideline; Class 1, Existing Facilities
a) Staff Report
b) Adopt Resolution

6.6. a) A Resolution of the City Council of the City of Foster City to Appoint Badawi & Associates as an Independent Auditor to Provide Audit Services for the City for the Three Years Ending June 30, 2023, 2024, and 2025, With an Option to Extend for Two Additional Years Ending June 30, 2026 and 2027; and Authorizing the Mayor to Execute the Professional Services Agreement in an Amount Not to Exceed $154,245 for Fiscal Years 2022 2023, 20232024 and 20242025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District to Appoint Badawi & Associates as an Independent Auditor to Provide Audit Services for the City for the Three Years Ending June 30, 2023, 2024, and 2025, With an Option to Extend for Two Additional Years Ending June 30, 2026 and 2027; and Authorizing the Mayor to Execute the Professional Services Agreement in an Amount Not to Exceed $154,245 for Fiscal Years 20222023, 20232024 and 20242025
CEQA: Not Applicable
c) Staff Report
d) Adopt Resolutions

6.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications and Authorizing the Call for Bids for the Lift Station 59 Effluent Line Improvements Project (CIP 455695) CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities
a) Staff Report
b) Adopt Resolution

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 15, 2023.
a) Information Item Only
b) No Action Required

8. 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.

9. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

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/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85726807651PUBLIC 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, April 03, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 915, 2023 as “National Public Safety Telecommunicators Week”

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.

6.1. City/EMID Special Meeting Minutes of February 27, 2023

6.2. City/EMID Regular Meeting Minutes of March 20, 2023

6.3. City/EMID Special Meeting Minutes of March 27, 2023

CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities
a) Staff Report
b) Adopt Resolution

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 15, 2023.
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85726807651PUBLIC 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, April 03, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 915, 2023 as “National Public Safety Telecommunicators Week”

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.

6.1. City/EMID Special Meeting Minutes of February 27, 2023

6.2. City/EMID Regular Meeting Minutes of March 20, 2023

6.3. City/EMID Special Meeting Minutes of March 27, 2023

CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities
a) Staff Report
b) Adopt Resolution

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 15, 2023.
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85726807651PUBLIC 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, April 03, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 915, 2023 as “National Public Safety Telecommunicators Week”

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.

6.1. City/EMID Special Meeting Minutes of February 27, 2023

6.2. City/EMID Regular Meeting Minutes of March 20, 2023

6.3. City/EMID Special Meeting Minutes of March 27, 2023

CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities
a) Staff Report
b) Adopt Resolution

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 15, 2023.
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/85726807651PUBLIC 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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, April 03, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 915, 2023 as “National Public Safety Telecommunicators Week”

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.

6.1. City/EMID Special Meeting Minutes of February 27, 2023

6.2. City/EMID Regular Meeting Minutes of March 20, 2023

6.3. City/EMID Special Meeting Minutes of March 27, 2023

CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities
a) Staff Report
b) Adopt Resolution

7. COMMUNICATIONS

7.1. City/District Warrants of Demands were Processed and Issued on March 15, 2023.
a) Information Item Only
b) No Action Required

9. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 4.1
Proclamation

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF FEBRUARY 27, 2023

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 February 27, 2023 was called to order at 6:30 p.m. by Mayor/President Jon Froomin.

The meeting was held as a hybrid meeting.

ROLL CALL
The Communications Director/City Clerk called the roll:

PRESENT: Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Marlene Subhashini, Assistant City Manager; Denise Bazzano, Assistant City Attorney; Edmund Suen, Finance Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Tracy Avelar, Police Chief; Martin Ticas, Police Captain; Ray Towne, Acting Public Works Director; Rob Lasky, IT Manager; Julie Paping, Administrative Services Director; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

STUDY SESSION
Mayor/President Froomin recessed the meeting into Study Session. 2ND QUARTER FY 2022-2023. FINANCIAL UPDATE. MINUTE ORDER NO. 1904.

Finance Director Suen presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Jimenez, and carried unanimously, 5-0-0, to adopt Minute Order No. 1904, to receive and accept the 2nd Quarter FY 2022-2023 Financial Update report.

6.1 Minutes

7 PREPARATION OF THE FY 2023-2024 ANNUAL BUDGET AND FIVE-YEAR FINANCIAL PLAN. MINUTE ORDER NO. 1905.

Finance Director Suen and City/District Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Vice Mayor/Vice President Sullivan and carried, 5-0-0, confirming the following assumptions and policy direction in the development of the FY 2023-24 annual budget and five-year financial plan:

1. Assess the current level of staffing to meet City Council’s strategic directives, maintain and explore further investment in level of services to the community, provide a detailed line item budget outlining associated budgetary cost impacts as they relate to the maintenance of high service levels to the community to be submitted for City Council review Budget Study Session on May 8, 2023;

2. Review additional revenue avenues and review fee studies, including sidewalk repair fees;

3. Include a 2% wage increase placeholder pending the results of the ongoing classification and compensation studies and labor negotiations of the City's employee groups;

4. Provide the long-term capital improvement project (CIP) funding analysis to the City Council at its March 27, 2023 Budget Study Session using the current “pay as you go” funding model;

5. Present the internal service fund analysis at the March 27, 2023 Budget Study Session. Evaluate the self-insurance method. Maintain the current funding strategy employing a “pay as you go” philosophy for the equipment related replacement funds (vehicle, equipment, information technology, and building) and explore if the funding should be more than 85% for vehicles for a period of time, considering the cost of electric vehicles. Maintain internal service funds for both the Longevity Recognition and Public Employees' Medical and Hospital Care Act (PEMHCA) retiree medical funds on a cash benefit basis and provide information on Section 115 irrevocable trusts at an upcoming City Council meeting;

6. Maintain a minimum General Fund reserve of 33-1/3 to 50% of annual operating expenditures and maintain a $2 million reserve each for the City, Water Enterprise, and Wastewater Enterprise CIP funds and maintain a minimum Water Enterprise Fund and Wastewater Enterprise Fund reserve of 25% of annual operating expenditures; and

7. Consider a general framework for non-profit funding of 60% funding for basic services, 25% for community enrichment, 15% for community health, with the assignment of funds being determined by City Council, to be confirmed at an upcoming City Council meeting.

Meeting recessed into study session at 6:31 p.m. and reconvened at 8:43 p.m.

ADJOURNMENT

6.1 Minutes

8 Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 8:43 p.m.

6.1 Minutes

9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MARCH 20, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of March 20, 2023 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 Froomin.

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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director; Julie Paping, Administrative Services Director; Sofia Mangalam, Community Development Director; Ray Towne, Interim Public Works Director; Rob Lasky, IT Manager; Thai-Chau Le, Planning Manager; Helen Gannon, Associate Planner; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
The following people addressed the City Council via email regarding the Lantern Cove redevelopment:

1. Norm Lim; and

2. Chia-Kang.

CONSENT CALENDAR

6.2 Minutes

10 Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Special Meeting Minutes of March 6, 2023;

2. Minutes of City/EMID Regular Meeting of February 21, 2023;

3. City Resolution No. 2023-25, “A Resolution of the City Council of the City of Foster City as the Successor Housing Agency to the Community Development Agency of the City of Foster City Approving a Subordination Agreement and Authorizing the Mayor to Execute the Subordination Agreement;”

4. City Resolution No. 2023-26, “A Resolution of the City Council of the City of Foster City Supporting the Wyland Foundation’s 2023 Mayor’s Challenge for Water Conservation;” and

5. City Resolution No. 2023-27, “A Resolution of the City Council of the City of Foster City Accepting the Work by Radius Earthwork, Inc. For the Street Rehabilitation Project (CIP 301-697) and Directing the City Clerk to File the Notice of Completion.”

REPORTS

GENERAL PLAN ANNUAL PROGRESS REPORT (APR) AND HOUSING ELEMENT APR FOR 2022. MINUTE ORDER NO. 1908.

Associate Planner Gannon presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1908, to receive and accept the General Plan Annual Progress Report (APR) and Housing Element APR for 2022.

RESOLUTIONS FOR ADOPTION

AUTHORIZING AN AGREEMENT IN THE AMOUNT OF $1,890,000 WITH GRIFFIN

STRUCTURES FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678). CITY RESOLUTION NO. 2023-28.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Vice Mayor Sullivan, seconded Councilmember Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-28, “A Resolution of the City

6.2 Minutes

11 Council of the City of Foster City Authorizing an Agreement in the Amount of $1,890,000 with Griffin Structures for Construction Management and Support Services for the Recreation Center Rebuild Project (CIP 301-678).”

RECLASSIFICATION OF ONE TECHNOLOGY ANALYST I IN THE ADMINISTRATIVE

SERVICES DEPARTMENT TO A FLEXIBLY STAFFED ADMINISTRATIVE ASSISTANT I/II. CITY RESOLUTION NO. 2023-29. EMID RESOLUTION NO. 3712.

Administrative Services Director Paping presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Kiesel, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-28, “A Resolution of the City Council of the City of Foster City Authorizing the Reclassification of One Technology Analyst I in the Administrative Services Department to a Flexibly Staffed Administrative Assistant I/II;” and EMID Resolution No. 3712, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Reclassification of One Technology Analyst I in the Administrative Services Department to a Flexibly Staffed Administrative Assistant I/II.”

DIRECTING STAFF TO PREPARE AN ORDINANCE IMPLEMENTING A WATER NEUTRALITY GROWTH POLICY FRAMEWORK; APPROPRIATING $26,955 FROM ACCOUNT NO. 128 TO ACCOUNT NO. 128-0845-419-4251 TO PAY FOR THE COST PROPOSAL BY MADDAUS TO ASSIST IN PREPARING THE ORDINANCE; AND

FINDING THE APPROVAL OF THIS RESOLUTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15262, 15061(B)(3) AND CALIFORNIA WATER CODE SECTION 10652.

EMID RESOLUTION NO. 3713.

Community Development Director Mangalam presented the staff report.

Discussion ensued.

Gita Dev addressed the City Council via teleconference.

Motion by Vice President Sullivan, seconded Director Jimenez, and carried unanimously, 5-0-0, adopting EMID Resolution No. 3713, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Directing Staff to Prepare an Ordinance Implementing a Water Neutrality Growth Policy Framework; Appropriating $26,955 From Account No. 128 to Account No. 128-0845-419-4251 to Pay for the Cost Proposal by Maddaus to Assist in Preparing the Ordinance; and Finding the Approval of This Resolution Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15262, 15061(B)(3) and California Water Code Section 10652.”

COMMUNICATIONS

6.2 Minutes

12 CITY/DISTRICT WARRANTS OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on February 28, 2023 and March 3, 2023 and ACH were processed on March 3, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

REQUEST TO PLACE AN ITEM ON A FUTURE AGENDA BY MAYOR JON FROOMIN

REGARDING CONSIDER ACTION RELATED TO TWEET BY PLANNING
COMMISSION CHAIR EVAN ADAMS.

The following people addressed the City Council via email:

1. Cynthia and Rob Erickson;

2. Penny Bennett;

3. Vladimir Ofitserov;

4. Dina Goetz and Marcia Cohn-Lyle;

5. Neeraj Srivastava;

6. Shrirang Ranade;

7. Phoebe Venkat;

8. Louise Thomas;

9. Bokai Xia;

10.Quaeed Motiwala;

11.Gita Dev;

12.Ollie Pattum; and

13.Nicole Fernandez.

The following people addressed the City Council in person:

1. Larry Staley;

2. Nilofer Motiwala;

3. Ashish Motivala;

4. Shankar Kenkre;

5. Danny Gan;

6. Phoebe Venkat;

7. Shawn Venkat;

8. Bokai Xia;

9. Kandy O’Mara;

10.Venkatesh Drasad Hangleer Narasimhe;

11.Sanjay Kakar;

12.Girish Thattil; and

13.Evan Adams.

The following people addressed the City Council via teleconference:

1. Gita Dev; and

2. Sima Patel.

6.2 Minutes

13 Motion by Mayor Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, to agendize the consideration of action related to Tweet by Planning Commission Chair Evan Adams for the March 27, City Council Special meeting.

Councilmember/Director Kiesel stated that he attended the Parks and Recreation Committee meeting on March 7 and they discussed the Recreation Center Rebuild Project. He intends to attend the South Bayside Waste Management Authority planning session on March 23.

Councilmember/Director Jimenez stated that she attended City/County Association of Governments board meeting on March 9. On March 15, she attended the San Mateo Union High School District Board of Trustees meeting and they discussed ethnic studies.

On March 18, she attended the Holi festival event and thanked the organizers, Baybasi, and the community for a great event. She invited the community to the Youth Advisory Committee’s Annual Spaghetti Feed on April 27, and stated that tickets can be purchased at the Recreation Center or from a Youth Advisory Committee member.

Councilmember/Director Hindi stated he attended the Citizens Sustainability Advisory Committee meeting on March 8, and invited the community to attend the Resilient & Sustainable Foster City Community Workshop on March 21. On March 16, he attended the Bay Area Water Supply and Conservation Agency (BAWSCA) board meeting, and they discussed operating funds, and the water shortage emergency, which may be rescinded.

Vice Mayor/Vice President Sullivan attended the Parks and Recreation Committee meeting on March 7 and they discussed the community garden. On March 12, he attended the San Mateo National Association for the Advancement of Colored People (NAACP) 97th Annual Celebration: Herby Dawkins Freedom Fund Gala with Planning Commissioner Adams, Councilmember Jimenez, and Councilmember Hindi. On March 18, he attended the Holi festival and said it was a great event.

Mayor/President Froomin stated that he attended the Recreation Center Rebuild Project Open House on March 8. On March 12, he also attended the NAACP Gala. He encouraged the public to watch the new “Meet Our Parks Maintenance Crew | Foster City at Work” video highlighting the City’s parks staff. He also invited the public to view and participate in the City’s Draft Safety Element at https://engagefostercity.org/safety- element through April 2.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 8:07 p.m.

6.2 Minutes

14 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MARCH 27, 2023

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 March 27, 2023 was called to order at 6:30 p.m. by Mayor/President Froomin.

Mayor/President Jon Froomin teleconferenced from 1925 Belspring Court, Virginia Beach, Virginia 23464.

The meeting was held as a hybrid meeting.

ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:

PRESENT: Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director; Julie Paping, Administrative Services Director; Ray Towne, Interim Public Works Director; Robert Marshall, Fire Marshal; Laura Galli, Engineering Manager; Yelena Cappello, Deputy City Clerk; ‘Andra Lorenz, Senior Management Analyst; Rob Lasky, IT Manager; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

ACTION TO CENSURE OR REMOVE OR TAKE NO FORMAL ACTION RELATING TO PLANNING COMMISSIONER EVAN ADAMS. MINUTE ORDER 1909.

City Attorney Stock presented the staff report.

The following people addressed the City Council via email:

1. Shanker Kenkre;

2. Julie Tang;

6.3 Minutes

15 3. George Zatulovsky;

4. Tamra Donovan;

5. Eva Hess;

6. Randy Pilgrim;

7. Atanacio Bayudan;

8. Karen A. Schwarz;

9. Marvis Lu;

10.Laura Zhu and JJ Zhang;

11.Jennifer;

12.Lan Jiang;

13.Param Desai;

14.Ken Abreu;

15.Tong Zhao;

16.Jinfeng Liu;

17.Wen Liu, 229 Puffin Court;

18.Anil Mehta;

19.Latha Menon;

20.Deepa Lakshminarayanan;

21.Cheng Huang;

22.Kriti Jolly;

23.Sai Nagarajan;

24.Nina Aggarwal;

25.Daipayan Deb;

26.Anthony Kong;

27.Amitabh Awasthi;

28.Arunapaluri;

29.Satish;

30.Anupama Singh;

31.Vinod Rai;

32.Neeraj Kashalkar;

33.Girish Thattil;

34.Jayanthi Savier;

35.Navinkumar Shetty;

36.Alok K;

37.Ritesh Biltheria;

38.Suprith Hr

39.Manohar Mandadi;

40.Rajendra Rajoria

41.Jacob D’Aquino;

42.Kandy O’Mara;

43.Randi A. Paynter;

44.Kam Singh;

45.Sri Sivani Charan;

46.Kathy Hutchinson;

47.Bhawana Saxena Bharadwaj;

48.Geeta and Subhash Bhatt;

6.3 Minutes

16 49.Sanjay Singhania;

50.Docks Helms;

51.Cindy Wang;

52.Seema M;

53.Ashy;

54.Rajesh Kalra;

55.Seema Kalra;

56.Shekar Hariharan;

57.Chandan Mukherjee;

58.TJ Consunji;

59.Sangha Cedric Han; and

60.Tim.

The following people addressed the City Council in person:

1. Raj Tiwari;

2. Amitabh Awasthi;

3. Richa Awasthi;

4. Marcia Cohn-Lyle;

5. Ajay Godbole;

6. Don Carlson;

7. Satish Chandra Vonle;

8. Eva Hess;

9. Quaeed Motiwala;

10.Shiv Shukla;

11.Saroj Bala;

12.Venkatesh Prasad;

13.Vy Vo;

14.Nilofer Motiwala;

15.Larry Staley;

16.Steve Gunn;

17.Danny Gan;

18.Kathryn Churchill;

19.Bokai Xia; and

20.Evan Adams.

The following people addressed the City Council via teleconference:

1. Wayne Lee;

2. Jini Shans;

3. Seema Patel;

4. Deb;

5. Param Desai;

6. Shubhda Roy;

7. Himanshu S; and

8. SK.

Discussion ensued.

6.3 Minutes

17 Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried unanimously by roll call vote, 5-0-0, Minute Order No. 1909 was adopted, to direct the City Attorney to return to City Council at the April 3 City Council meeting with a resolution for the Council to consider the removal of Evan Adams from the Planning Commission. * *Planning Commissioner Adams resigned following the March 27, 2023 meeting, and the resolution regarding the removal of Planning Commissioner Adams did not move forward due to the resignation.

RECESS. The Mayor/President recessed the meeting from 8:35 p.m. to 8:43 p.m.

STUDY SESSION
Mayor/President Froomin recessed the meeting into Study Session for the following:

1. Five-Year Capital Improvement Program – FY 2023-2024 to FY 2027-2028

2. Fifteen Year General Fund Capital Improvement Projects Program and Funding Plan for the Preparation of the City’s FY 2023-2024 Budget and Five-Year Financial Plan

3. Fifteen Year Water and Wastewater Funds Capital Improvement Projects Program and Funding Plan for the Preparation of the District’s FY 2023-24 Budget and Five- Year Financial Plan

4. Review of Projected Water Rates for FY 2023-2024 and Policy Direction for Rate Notification Under Proposition 218

5. Review of Projected Wastewater Rates for FY 2023-2024

6. Internal Service Funds Summary

7. Compensated Absences

8. Longevity Recognition Benefits Plan and Public Employees' Medical and Hospital Care Act (PEMHCA) Benefits Plan Internal Service Funds

9. Equipment Replacement Fund and Internal Service Charges for FY 2023-2024

10. Vehicle Replacement Fund and Internal Service Fund Allocations for FY 2023- 2024

11. Building Maintenance Fund and Internal Service Charges for FY 2023-2024

12. Self-Insurance Fund

13. Information Technology Fund
Motion by Councilmember/Director Hindi, seconded by Vice Mayor/Vice President Sullivan, and carried unanimously by roll call vote, 5-0-0, Minute Order No. 1910 was adopted as follows:

1. Proceed with including the proposed Five-Year Capital Improvement Program – FY 2023-2024 to FY 2027-2028 in the FY 2023-2024 budget;

2. Proceed with the Long-Term Capital Improvement Projects Program and Funding Plan - City Capital Investment Fund - FY 2023-2024 to FY 2037-2038 as presented;

3. Proceed with the Long-Term Capital Improvement Projects Program and Funding Plan - Water and Wastewater Enterprise Funds - FY 2023-2024 to FY 2037-2038 as presented;

6.3 Minutes

18 4. Proceed with the water rate adoption that reflect increases of 6.0% for fixed charges and 4.3% for variable charges for residential, irrigation and fire line customers.

Proceed with distribution of Proposition 218 notice based on the Board of Directors’ direction regarding water rates;

5. Proceed with the rolling 5-year wastewater rate increases, updating the previously approved and noticed maximum increase from 10% to 3% for FY 2023-2024, and including an increase of 2.0% for FY 2024-2025. Proceed with including an information-only reminder about Wastewater Rates in the Proposition 218 notice for the Water Rate public hearing;

6. In recognition of the higher General Fund Transfers Out to the City CIP Fund from $3.5 million in FY 2022-23 to $6 million in FY 2023-24, proceed with 1) reducing the FY 23-24 VRF replacement charge to the General Fund by $374,598 as there is adequate VRF Fund Balance to absorb the adjustment and 2) providing a “holiday” for the FY 23-24 ERF replacement charges of $439,194 to the General Fund as there is adequate ERF Fund Balance to absorb the adjustment;

7. Proceed with preparing the Compensated Absences Fund based on the recommendations and allocations contained in the staff report and proceed with evaluating IRC Section 115 irrevocable trust options;

8. Proceed with preparing the Longevity Recognition Benefits Plan and Public Employees’ Medical and Hospital Care Act (PEMHCA) Benefits Plan based on the recommendations and allocations contained in the staff report and proceed with evaluating IRC Section 115 irrevocable trust options;

9. Proceed with preparing the Equipment Replacement Fund budget based on the recommendations and allocations contained in the staff report;

10.Proceed with preparing the Vehicle Replacement Fund budget based on the recommendations and allocations contained in the staff report;

11.Proceed with preparing the Building Maintenance Fund budget based on the recommendations and allocations contained in the staff report;

12.Proceed with preparing the Self Insurance Fund budget based on the recommendations and allocations contained in the staff report; and

13.Proceed with preparing the Information Technology Fund budget based on the recommendations and allocations contained in the staff report.

Meeting recessed into study session at 8:43 p.m. and reconvened at 10:12 p.m.

CLOSED SESSION
Mayor/President Froomin recessed the meeting into Closed Session for:

1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Julie Paping and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group; and

2. Report Out from Closed Session.

Meeting recessed into closed session at 10:12 p.m. and reconvened at 10:52 p.m.

City Attorney/District Legal Counsel Stock reported that no action was taken in Closed Session.

6.3 Minutes

19 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 10:52 p.m.

6.3 Minutes

20 DATE: April 3, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Ramon Towne, Interim Public Works Director
Justin Lai, Senior Civil Engineer
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO VSS
INTERNATIONAL, INC. FOR THE CONSTRUCTION OF THE
STREET REHABILITATION PROJECT FY21/22 (CIP 301-703)
AND PARK PATHWAY RESTORATION PROJECT FY21/22 (CIP
301-702); AND EXECUTION OF A TASK ORDER WITH CSG

CONSULTANTS FOR CONSTRUCTION INSPECTION

SERVICES, MATERIAL TESTING SERVICES AND
CONSTRUCTION SUPPORT SERVICES.

RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions authorizing:

1. The Mayor to execute an agreement with VSS International, Inc. in the amount of $1,604,000 for the construction of the Street Rehabilitation Project FY 21/22 (CIP 301-703) and Park Pathway Restoration project FY21/22 (CIP 301-702); and

2. The establishment of a contingency for VSS International, Inc. in the amount of $161,000 with authorization given to the City Manager to execute contract change orders up to the contingency amount; and

3. The Mayor to execute Task Order CSG 2023-08 with CSG Consultants in the amount of $112,200 for Construction Inspection Services, Submittal Review, Materials Testing Services, and construction support services for CIP 301-703 and CIP 301-702; and

6.4 6.4 Staff Report

21 4. The establishment of a contingency for CSG Consultants in the amount of $17,000 with authorization given to the City Manager to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY
CIP 301-703 and CIP 301-702 consist of street rehabilitation and pavement maintenance on various streets in Neighborhoods No. 1 and No. 9. The rehabilitation project will help to increase and maintain the City’s overall Pavement Condition Index (PCI). The PCI is a numerical index used to indicate the general condition of a pavement. Design for the project was performed in-house by Public Works staff. Along with the paving work, the project will be incorporating CIP 301-702, to include park pathway restoration work in five (5) City parks, which require general maintenance.

Total funding in the amount of $3,500,000 is available in the approved project budgets for construction ($3,200,000 is provided by a combination of Measure A, Measure M, Gas Tax, and Measure W for CIP 301-703; and $300,000 is available from the General Fund for CIP 301-702). The City Council action will allow staff to award the project for construction. Construction is anticipated to take approximately 4 months.

Six (6) bids for the construction of the Street Rehabilitation Project FY 21/22 (CIP 301- 703) and Park Pathway Restoration project FY21/22 (CIP 301-702) were received and opened on Wednesday March 15, 2023. VSS International, Inc. submitted the apparent low responsive and responsible base bid plus additional Alternative 1 (Add Alt 1), in the amount of $1,604,000. Add Alt 1 was a total of $185,704.56. Adequate funding is available in the approved project budget to fully fund all portions of construction including Add Alt 1, which provides a slurry seal on Shell Blvd from the Shell Bridge approach slab to Beach Park Blvd. Construction is anticipated to start in May 2023 and is estimated to take four months to complete. CSG Consultants will provide construction support and inspection services throughout the 4 months.

BACKGROUND
At its meeting on February 21, 2023, the City Council adopted Resolution No. 2023-19 approving the plans and specifications for CIP 301-703 and CIP 301-702 and authorized the call for bids. Out of six (6) bids received and opened, the apparent low base bid plus Add Alt 1 was $1,604,000 submitted by VSS International, Inc., and was found to be responsive and responsible. The Add Alt 1 bid was $185,704.56.

The scope of work consists of street rehabilitation and pavement maintenance on various streets in Neighborhoods No. 1 and No. 9. Work will include the installation of new curb ramps in conformance with the Americans with Disabilities Act (ADA), signage, striping, and utility adjustments if necessary. The rehabilitation project will help to increase and maintain the City’s overall PCI. The PCI is a numerical index used to indicate the general condition of a pavement. Design for the project was performed in-house by Public Works

6.4 6.4 Staff Report

22 staff. The locations and type of treatments to be performed as part of CIP 301-703 are as shown on Attachment 5 and as follows:
•Base repairs, full width grinding, and an asphalt overlay:
oNeighborhood No. 1 – Pilgrim Drive from E. Hillsdale Boulevard to Harvester Drive.
oNeighborhood No. 9 – Pollux Court.
•Base repairs, crack sealing, and slurry seal:
oNeighborhood No. 1:
▪Pilgrim Drive from North Harvester Drive to South Harvester Drive. ▪Niantic Drive from Balclutha Drive to Polynesia Drive. ▪Polynesia Drive from Foster City Boulevard to Lurline Drive. ▪Lurline Drive from Comet Drive to the end of the cul-de sac. ▪Constitution Drive from Chrysopolis Drive to Comet Drive. ▪Chrysopolis Drive from Polynesia Drive to Constitution Drive. ▪Comet Drive from Pilgrim Drive to Lurline Drive.
▪Balclutha Drive from Foster City Boulevard to Matsonia Drive. oNeighborhood No. 9:
▪Argus Court.
▪Arcturus Court.
▪Polaris Avenue from E. Hillsdale Boulevard to Beach Park Boulevard.
oShell Boulevard from the bridge approach to Beach Park Boulevard.

City staff have also identified park pathways to be performed as part of CIP 301-702 that required maintenance which include:
•Constitution Drive Pathways
•Arcturus Park
•Turnstone Park
•Erckenbrack Park
•Shad Park
After award of the construction contract and before the start of construction, the contractor shall provide all their necessary paperwork and meet with the City for a preconstruction meeting. The contractor will have 100 calendar days to substantially complete the project from the date specified in the Notice to Proceed.

On July 18, 2022, the City Council/EMID Board approved a Master Professional Civil Engineering Services Agreement with CSG under which the City/District can access on- call professional services to carry out a specific task or project with the approval of a Task Order by the City Council/EMID Board for tasks over $50,000. Due to the required daily oversight for the work, the City will be contracting with CSG consultants to provide construction support, submittal review, daily inspection, and materials testing services

6.4 6.4 Staff Report

23 through the approved Master On-Call Agreement. CSG Consultants is very familiar with this type of construction and has worked with the City on multiple projects in the past.

ANALYSIS
The bid results are as follows:

Company Name Total Base Bid
plus Add Alt 1
Base Bid plus Add Alt 1
Difference from Engineer’s
Estimate
$ $ %
Engineer’s Estimate $1,760,000.00 - -
VSS International, Inc. $ 1,604,000.00 ($156,000.00) (8.8%) Radius Earthwork, Inc. $ 1,692,294.05 ($67,705.95) (3.8%) Doolittle Construction $1,901,595.85 $141,595.85 8.0%
O’Grady Paving $1,907,208.10 $147,208.10 8.4%
American Asphalt $1,973,036.00 $213,036.00 12.1%
Pavement Coatings Co. $2,610,351.55 $1,006,351.55 48.3% The lowest bidder VSS International, Inc. has met all the bid requirements and their contractor license is current and active according to the Contractors State License Board (CSLB). There are currently no public complaints filed against VSS with the CSLB.

The work included in Add Alt 1 includes a slurry of Shell Blvd from the bridge approach of Shell Bridge to Beach Park Blvd. Following the slurry seal, the roadway will be restriped, and existing signage will be replaced or cleaned.

Construction is anticipated to start in May 2023 and be completed by September 2023.

Project management will be done through City staff and construction support, daily inspection services, field coordination, and materials testing services, provided by CSG Consultants. The San Mateo-Foster City School District is aware of the project and the contractor will coordinate with the District and affected services such as SamTrans, Recology, and the US Postal Service.

California Environmental Quality Act

6.4 6.4 Staff Report

24 Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities.

FISCAL IMPACT
All costs associated with construction will be funded through CIP 301-703 and CIP 310- 702. Total funding in the amount of $3,500,000 is available in the approved project budgets ($3,200,000 is provided by a combination of Measure A, Measure M, Gas Tax, and Measure W for CIP 301-703; and $300,000 is available from the General Fund for CIP 301-702.Although the projects have been packaged together for construction, they will remain as separate CIPs and the construction support and construction costs will continue to be tracked separately. The construction bids came in as anticipated and near the engineer’s estimate (without contingency) of $1,760,000. A contingency of $161,000 or approximately 10% of the total bid is requested to pay for any unforeseen conditions during construction. No additional funding should be needed for the construction due to the competitive bids received.

Current Approved and Available Budget $ 3,500,000.00
Anticipated Expenditures
Bid submitted by VSS International, Inc. w/Add Alt #1 $ 1,604,000.00 Contingency (10%) $ 161,000.00
Miscellaneous (Advertising, Cal West, Printing, etc.) $ 15,000.00 Construction Management Services (CSG) $ 112,200.00
Contingency (15%) $ 17,000.00
Total Anticipated Expenditures $ 1,909,200.00

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachments:
•Attachment 1 – City Resolution
•Attachment 2 – Construction Agreement
•Attachment 3 – VSS International, Inc Bid Submittal
•Attachment 4 – Task Order for CSG
•Attachment 5 – CIP 301-703 Exhibit

6.4 6.4 Staff Report

25 5
4 0
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO VSS INTERNATIONAL, INC. FOR THE CONSTRUCTION OF THE STREET
REHABILITATION PROJECT FY21/22 (CIP301-703) AND PARK PATHWAY RESTORATION PROJECT FY21/22 (CIP301-702); AND EXECUTION OF A TASK

ORDER WITH CSG CONSULTANTS FOR CONSTRUCTION INSPECTION SERVICES, MATERIAL TESTING SERVICES AND CONSTRUCTION SUPPORT SERVICES.

CITY OF FOSTER CITY
WHEREAS, at the meeting on February 21, 2023, the City Council adopted Resolution No. 2023-19 approving the plans and specifications, and authorizing the Call for Bids for the Street Rehabilitation Project FY 21/22 (CIP301-703) and Park Pathway Restoration project FY21/22 (CIP301-702); and
WHEREAS, out of Six (6) bids received and opened on March 15, 2023, VSS International, Inc. submitted the lowest responsible and responsive base bid plus add alternative 1 in the amount of $1,604,000; and
WHEREAS, a project contingency in the amount of $161,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, on July 18, 2022, the City Council/EMID Board approved a Master Professional Civil Engineering Services Agreement with CSG under which the City can access on-call professional services by Task Order; and WHEREAS, under the Master Agreement, CSG Consultants will support the City during construction to provide construction management, submittal review, inspection, and material testing services; and
WHEREAS, total combined funding in the amount of $3,500,000 was approved for the project budget for CIP 301-703 and CIP 301-702($3,200,000 from Measure A, Measure M, Gas Tax, and Measure W for CIP 301-703; and $300,000 from the General Fund for CIP 301-702); and
WHEREAS, expenditures for each CIP will be tracked separately; and WHEREAS, any unused funds remaining in the project budget shall be returned to the appropriate funds (Measure A, Measure M, Gas Tax, Measure W, and General Fund) upon project closeout.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

6.4 Attachment 1 - Resolution

26 5
4 0

3. The Mayor to execute Task Order CSG-2023-08 with CSG Consultants. in the amount of $112,200 for construction inspection services, submittal review, materials testing services, and construction support services for CIP 301-703 and CIP 301-702; and

4. The establishment of a contingency for CSG Consultants in the amount of $17,000 with authorization given to the City Manager to execute contract amendments up to the contingency amount.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the City Manager and the City Attorney, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

27 Appendix A to Construction Services Agreement 05205 - 1 CIP703/702 Updated 1/18/2022
DOCUMENT 00 5205

CITY OF FOSTER CITY
610 Foster City Boulevard, Foster City, CA 94404

CONSTRUCTION SERVICES AGREEMENT
STREET REHABILITATION PROJECT FY21/22 PROJECT NO. CIP310-703 AND PARK PATHWAY RESTORATION PROJECT FY21/22 NO. CIP301-702

Agreement No. [____]

DATE: 4/3/2023

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: VSS International, Inc.

LICENSE NO:293727

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) is $1,604,000, 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 $__________. All payments (check one):  shall  shall not be subject to a five percent (5%) retention.

Contractor’s hourly rates are listed in Exhibit A, Scope of Work and Cost Proposal. In the event payments to Contractor equal the “not to exceed” amount, and absent a written modification to this Agreement signed by the Owner, Contractor shall complete all services required under this Agreement without further compensation or cost reimbursement.

4. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within 100 calendar days of Commencement Date.

Final Completion Date: Within 115 calendar days of Substantial Completion.

4.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

6.4 Attachment 2 - Construction Agreement

28 Appendix A to Construction Services Agreement 05205 - 2 CIP703/702 Updated 1/18/2022
B. As liquidated damages for delay Contractor shall pay Owner Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

4.02 Scope of Liquidated Damages
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.

5. T ERMS AND CONDITIONS.

5.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

A. Appendix A – Scope of Work
B. Appendix B – General Conditions
C. Appendix C – Insurance
D. Appendix D – Construction Performance Bond
E. Appendix E – Construction Labor and Materials Payment Bond F. Appendix F – Supplemental Conditions
G. Appendix G – Technical Requirements

5.02 The 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 this Agreement or the Work described herein shall be null and void and shall have no force or effect.

5.03 Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon to:

6.4 Attachment 2 - Construction Agreement

29 Appendix A to Construction Services Agreement 05205 - 3 CIP703/702 Updated 1/18/2022

City of Foster City
610 Foster City Blvd, Foster City, CA 94404

CONTRACTOR:VSS International, Inc. OWNER: City of Foster City

________________________________________ _______________________________________ Signature Signature

________________________________________ _______________________________________ Print Name & Title Jon Froomin, Mayor

________________________________________ _______________________________________ Date Date

ATTEST:

_______________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM

_______________________________________
Benjamin Stock, City Attorney

END OF DOCUMENT

6.4 Attachment 2 - Construction Agreement

30 Appendix A to Construction Services Agreement 05205 - 0 CIP703/702 Updated 1/18/2022
Appendix A to Construction Services Agreement

SCOPE OF WORK

The scope of work in general, includes all work associate with the improvements shown on the contract documents. This work includes, but is not limited to street rehabilitation, striping, signage, park pathway rehabilitation and concrete civil work.

6.4 Attachment 2 - Construction Agreement

31 Appendix B to Construction Services Agreement 05205 - 0 CIP703/702 Updated 1/18/2022
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 and any assignment without Owner’s prior written approval shall be null and void. (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 th e 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 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 vmaterials 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

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32 Appendix B to Construction Services Agreement 05205 - 1 CIP703/702 Updated 1/18/2022
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 benef its 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 th e Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local 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 council members, officers, directors, representatives, agents and employees, and volunteers (Owner Indemnities),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 th e 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 har mless the Owner Indemnities 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 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. Contractor shall not engage in unlawful employment discrimination including, but not lim ited to, discrimination based upon a person’s race, religion,

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color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law.

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 C ontractor’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 W ork throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of th e Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 9204 and 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 th e 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 general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. 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 Sections 1771.4 (if applicable) and 1776, including 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 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.

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34 Appendix B to Construction Services Agreement 05205 - 3 CIP703/702 Updated 1/18/2022
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 bidders prior to the deadline for submitting bids, 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 bidding.

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 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.

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35 Appendix B to Construction Services Agreement 05205 - 4 CIP703/702 Updated 1/18/2022
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 wor k shall be obtained and paid for by the Contractor before executing the work within such right -of-ways.

2.14 Public Records Act. Contractor is aware that this Agreement and any documents provided to the Owner may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers to be confidential under the California Public Records Act. To the extent that Owner agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

2.15 Claims.

A. Should any clarification, determination, action or inaction by Owner, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and Owner will m ake good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven Days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.

B. Owner will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify Owner, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 Days wil l result in Contractor waiving its right to the subject claim.

C. Claim Format

1. A. Contractor shall submit the claim justification in the following format:
(a) Cover letter and certification;
(b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief; (c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others;
(d) Chronology of events and correspondence:
(e) Analysis of claim merit;
(f) Analysis of claim cost; and
(g) Attach supporting documents referenced in paragraph 2.16,C.1(c), above.

D. Required Provisions on Contract Claim Resolution

1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this

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36 Appendix B to Construction Services Agreement 05205 - 5 CIP703/702 Updated 1/18/2022
Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.

2.16 Force Majeure. Except for defaults of subconsultants at any tier, Contractor shall not be liable for any excess costs if the failure to perform the Contract Documents arises from causes beyond the control and without the fault or negligence of Contractor, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”), provided damages or delays resulting therefrom are not the result of Contractor’s fault or negligence, including without limitation failure to protect the Work or mitigate any adverse impacts as required by Contract Documents (Force Majeure).

END OF APPENDIX B

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37 Appendix C to Construction Services Agreement 05205 - 0 CIP703/702 Updated 1/18/2022
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 [$4,000,000] general aggregate and [ $2,000,000] 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 [$ 2,000,000] 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 in favor of 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 a vailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Owner Indemnities as Additional Insureds.

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. Insurance policies in Appendix C shall contain an endorsement containing the following terms (excluding Workers Compensation insurance with respect to paragraph 6.01 below):

6.01 Owner Indemnities 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. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Owner has received a waiver of subrogation endorsement from the insurer.

6.02 The 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.

6.03 Written 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.

6.04 Contractor insurance 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 Additional Insureds.

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. Contractor shall furnish the Owner with original certificates

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38 Appendix C to Construction Services Agreement 05205 - 1 CIP703/702 Updated 1/18/2022
and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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 and Additional Insureds, 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 w ork.

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.

13. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

END OF APPENDIX C

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39 Appendix D to Construction Services Agreement 05205 - 0 CIP703/702 Updated 1/18/2022
Appendix D to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Foster City , a general law City and municipal corporation of the State of California ( Owner) has awarded to VSS International, Inc. as Principal a Construction Services Agreement dated the 3rd day of April, 20 23 ( Agreement), titled THE STREET REHABILITATION PROJECT FY21/22 PROJECT NO. CIP310 -703 AND PARK PATHWAY RESTORATION PROJECT FY21/22 NO. CIP301-702 in the amount of $1,604,000, which Agreement is by this reference made a part hereof, for the work described as follows:

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 Western Surety Company 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:

6.01 Undertake 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

6.02 Obtain 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 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

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40 Appendix D to Construction Services Agreement 05205 - 1 CIP703/702 Updated 1/18/2022
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 3 rd day of April, 2023.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Email Address Email Address

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF APPENDIX D

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41 Appendix E to Construction Services Agreement 05205 - 0 CIP703/702 Updated 1/18/2022
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 , a general law City and municipal corporation of the State of California ( Owner) has awarded to VSS International as Principal a Construction Services Agreement, dated the 3rd day of April, 2023 ( Agreement), titled THE STREET REHABILITATION PROJECT FY21/22 PROJECT NO. CIP310- 703 AND PARK PATHWAY RESTORATION PROJECT FY21/22 NO. CIP301-702 located at Various Streets in the amount of $1,604,000, which Agreement is by this reference made a part hereof, for the work described as follows:

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 Western Surety Company as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($1,604,000), 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 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.

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42 Appendix E to Construction Services Agreement 05205 - 1 CIP703/702 Updated 1/18/2022

IN WITNESS WHEREOF, we have hereunto set our hands this 3rd day of April, 2023.

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Email Address Email Address

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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43 Appendix F to Construction Services Agreement 05205 - 0 CIP703/702 Updated 1/18/2022
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: 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 1.08 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.

1.3 WORKING HOURS

A. Work or activity of any kind shall be limited to the hours from 8:00AM to 4:00PM, Monday through Friday, except as otherwise stipulated in the contract documents. Work hours shall be limited to 9:00AM to 3:00PM on all Boulevards.

B. Work in excess of eight hours per day, on Saturdays, on Sundays, or on City holidays requires prior consent of the Engineer and is subject to Cost of Overtime Construction Inspection.

C. City 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

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44 Appendix F to Construction Services Agreement 05205 - 1 CIP703/702 Updated 1/18/2022
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 shal l contain a reference t o the contract between the City 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 provi de 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 t his Specification shall be construed as creating any contractual relationship between any subcontractor and the City. 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 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 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, on those parts of the work which are specified to be performed by specialty contractors.

1.5 CHANGES

A. General:

The City 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, an d 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 t he 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 Contract or’s Proposal Schedule. The Contractor shall complete any given work order within thirty (30) calendar days of commencement of work.

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45 Appendix F to Construction Services Agreement 05205 - 2 CIP703/702 Updated 1/18/2022

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.

Unit Prices shall apply to Work covered by unit prices so long as actual quantities performed on the Project are not less than 75 percent or greater than 125 percent of the estimated quantities bid or otherwise stated in the Contract Documents. If actual quantities exceed these parameters, then the unit price shall be adjusted by an amount to reflect the Contractor’s incremental cost differential resulting from increased or decreased economies of scale.

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.

The City shall have the right for the partial or full removal of Bid Alternate 1 from the scope of work and will not provide compensation for removed items.

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 and 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 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):

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46 Appendix F to Construction Services Agreement 05205 - 3 CIP703/702 Updated 1/18/2022

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 re quest.

Record of work shall include detailed invoices. Those not so detailed will not be processed for payment until details are furnished.

3. Completed work shall be paid for on a monthly basis by Contract Change Order.

1.6 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 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 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. ALL OVERTIME MUST BE APPROVED BY THE CITY ENGINEER.

1.7 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 wit hout additional cost to the City. The Contractor's written request for deviation shall be submitted prior to the start of affected work with enough time allowed to give

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47 Appendix F to Construction Services Agreement 05205 - 4 CIP703/702 Updated 1/18/2022
the Engineer a reasonable review period. Only written authorization from the Engineer will permit deviations from the specifications.

1.8 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.

2. In case any disput e arises between the Engineer's field representative and the Contractor as to materials furnished or the satisfactory performance of 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.

1.9 INSPECTION BY CITY, 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 Engi neer. 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 does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents.

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48 Appendix F to Construction Services Agreement 05205 - 5 CIP703/702 Updated 1/18/2022
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 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.

1.10 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.

1.11 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.

B. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress 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.

1.12 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.

1.13 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.

1.14 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.

B. The City will provide the appropriate rights of way and property for pipelines and structures.

The Contractor will be held res ponsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor's use of City property.

C. In case areas in addition to those available on the City’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.

1.15 DELAYS AND EXTENSION OF TIME

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49 Appendix F to Construction Services Agreement 05205 - 6 CIP703/702 Updated 1/18/2022
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 C ontractor 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 because of the delay will be paid for by the Contractor at no additional cost to the City.

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 2006 to 2015 is as follows:

Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec.
5 7 6 4 1 1 0 0 0 2 4 8

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 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 t he 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.

D. 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.

1.16 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.

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.

1.17 ROADS AND FENCES

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50 Appendix F to Construction Services Agreement 05205 - 7 CIP703/702 Updated 1/18/2022
Roads subject to interference from the work covered by this cont ract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.

1.18 INFRINGEMENT OF PATENTS

The Contractor shall hold and save the City, 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, suitabili ty, 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, suppli es, 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, 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 Cont ractor 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 may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover any amount thereof from the Contractor and the Contractor's surety, notwithstanding fina l payment under this contract may have been made.

1.19 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 erec t 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.

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 saf ety or sanitary measures in, on, or near the construction site. The City assumes no responsibility for the inspection of safety precautions or for the enforcement of safety precautions required by law.

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51 Appendix F to Construction Services Agreement 05205 - 8 CIP703/702 Updated 1/18/2022

2. The Engineer may suspend operations if the Contractor determines that an imminent safety hazard exists.

1.20 CONTRACTOR'S FINANCIAL OBLIGATION

The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.

1.21 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 rec ord 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 Eng ineer 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 nature, provided that the Engineer may, if the Contractor shows good cause, and if the interests of the City 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 abov e 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.

1.22 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 Cont ractor shall bear all losses resulting to the Contractor on account of the amount or character of the

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52 Appendix F to Construction Services Agreement 05205 - 9 CIP703/702 Updated 1/18/2022
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 natur e 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 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 facilities from damage resulting from the Contractor's work. City 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.

1.23 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.

1.24 COOPERATION WITH OTHER WORK FORCES

A. Other Contractors, other utilities and public agencies or their Contractors, other City Contractors, and City 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.

1.25 PRECONSTRUCTION CONFERENCE

A. A preconstruction conference will be held at the time and place designated by the Engineer.

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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.

1.26 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. 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

1.09. 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 th e Engineer, shall, at the Contractor's expense, be immediately removed from the vicinity of the work.

1.27 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. Holid ays are defined as City holidays which are listed in Document 00800, Paragraph 1.04.

1.28 COOPERATION

The City 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 the ir work and cooperate with City forces and other contractors to the end that any delay or hindrance to their work will be avoided.

1.29 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.

1.30 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 prev ious instructions from the City, 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

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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 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 ’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 forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.

1.31 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 Codes

3. Technical Specifications

4. Contract Requirements

5. Project Drawings

6. City Standards
a. Specifications
b. Drawings

7. Referenced Specifications and Standards

8. Referenced Drawings

1.32 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 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 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.

1.33 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.

1.34 DIFFERING SITE CONDITIONS

A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:

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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 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 shall issue a change order under the procedures described in the contract.

C. In the event that a dispute arises between the City 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.

1.35 PROCEDURES FOR FILING AND RESOLVING CLAIMS

Any claim arising under this contract which the Contractor wishes to assert against the City shall be governed by California Public Contract Code Section 9204. Claims which do not exceed three hundred seventy-five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104).

Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:

(1) (a) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(b) The claimant shall furnish reasonable documentation to support the claim, pursuant to Appendix B (General Conditions), Section 2.16.

(c) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noti ced meeting of the governing body after the 45- day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(d) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

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(2) (a) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (b) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement.

Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the p ublic entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(c) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(d) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(e) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the clai m be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor

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presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reas onable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

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1.36 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 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.

1.37 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 specificall y furnished by the City.

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.

E. Provide copies of all permits to the Engineer prior to work.

1.38 EQUAL EMPLOYMENT OPPORTUNITY POLICY

It is the policy of the City that all qualified persons shall be afforded equal opportunities of employment on any public works contract entered into with the City. 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.

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1.39 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 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.

1.40 COVID-19 PROCLAMATIONS

A. Definitions.

1. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

2. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Contractor (which for purposes herein includes all subcontractors and suppliers) 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 Contractor and which are beyond its reasonable control.

3. 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. Contractor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Contractor’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 Contractor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

4. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Contractor did not know about, and reasonably should not have known about, as of the date the Contractor submitted its bid. The requirements contained in COVID-19 Proclamations issued before submission of a bid are not Unknown COVID-19 Conditions, and the Contractor will be deemed to have knowledge of those requirements.

5. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Contractor’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subcontractors’ or suppliers’ failure to comply with a COVID-19 Proclamation while on site or in connection with the performance of the Work.

B. COVID-19 Conditions and Bid. Contractor is expected to know and is deemed to have known about COVID-19 Conditions when it submits its bid, and COVID-19 Conditions must be accounted for in the Contractor’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Contractor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

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C. Compliance with COVID-19 Proclamations.

1. Contractor shall comply with COVID-19 Proclamations in the performance of the work, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Work. The cost of such compliance is non- compensable, except as otherwise expressly stated herein.

2. Contractor is responsible to ensure that its subcontractors and suppliers comply with COVID-19 Proclamations while they are on the project site and in connection with the performance of their work.

D. Delay. The Contractor is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

E. Owner Directed Suspension. The Owner may suspend work at the Project site due to COVID-19 health concerns, even though the Contractor may be allowed to proceed with the work based on COVID-19 Proclamations. The Owner may suspend the work for its convenience. The Contractor is entitled to a time extension for an Owner Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Contractor incurs increased costs that are Unknown COVID-19 Costs.

F. Compensation for COVID-19 Costs. Owner will reimburse the Contractor for Unknown COVID-19 Costs that are not included in the schedule of values.

G. Safe Work Practices. Contractor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, laborers or suppliers (“worker(s)”) on the construction site in advance of their arrival on the job site 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 job site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways, hoists and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating site deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels on the job site. Contractor remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

H. Monitoring and Reporting. Owner may require the Contractor 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 Fahrenhei t and shortness of breath. Contractor shall immediately report to Owner any outbreaks of COVID-19 among its workers. The Contractor shall not knowingly allow any worker who has tested positive with COVID-19 to enter an Owner County building. In the event of an outbreak or an exposure to COVID-19, the Owner may impose appropriate mitigation strategies which may be in consultation with the public health officer.

I. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.

1.41 NOTIFICATIONS

a. Park Pathway
i. All park pathways shall have signage posted one week prior to closure.

Contractor shall provide an approved letter and place notification letter on a

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barricade at all entrances of the affected pathways working with the Foster City Parks and Recreation Department.
b. Edgewater Park
i. All park pathways shall have signage posted one week prior to slurry work on Polaris Ave. Contractor shall provide an approved letter and place notification letter on a barricade at all entrances to the park working with the Foster City Parks and Recreation Department.
c. City Standard Letter
i. Along with the Contractors notification letter, the Contractor shall be responsible for printing and delivering a City Standard Letter 7 days prior to construction.

1.42 ORDER PROCEDURES
d. Work shall follow the following priority procedures. Work may be done concurrently at the approval of the City.
i. Concrete Work
ii. Park Pathways
iii. Digouts
iv. Utility Adjustments as needed.
v. Grind and Overlay
vi. Crack Sealing
vii. Slurry
viii. Striping
ix. Signage
e. Slurry Closures
i. Contractor shall plan on maintaining a lane of travel in each direction for all sites, unless approved by the City Engineer.
ii. Slurry work shall be done to allow residents parking on the adjacent block.

City Engineer may limit the number of connected streets to be resurfaced concurrently.
iii. Slurry shall not be started until the school district is on summer break. iv. Streets adjacent to Brewer Island Elementary School and Foster City Elementary School shall take priority and be completed including striping, prior to the start of school.
v. Slurry work must be completed between the following dates (summer break):

1. June 12
th, 2023, To August 11th, 2023

1.43 OUTSIDE COORDINATION
1) Contractor shall make arrangements with all outside services to minimize disturbance. This includes, but is not limited to:
a) USPS, UPS, FedEx
b) Recology
c) SamTrans

* END OF DOCUMENT *

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STREET REHABILITATION PROJECT FY21/22 PROJECT NO. CIP310-703 AND PARK PATHWAY RESTORATION PROJECT FY21/22 NO. CIP301-702

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 ________________________________

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Appendix G to Construction Services Agreement

TECHNICAL REQUIREMENTS

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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 in Document 00 4115, Schedule of Bid Prices.

1.02 SCHEDULE OF COSTS FOR LUMP-SUM PAYMENT

(NOT USED)

1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT

1. 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.

1.04 (NOT USED)

1.05 PARTIAL PAYMENT FOR STORED MATERIALS

1. The Contractor shall receive no additional compensation for materials stored on site.

1.06 MEASUREMENT AND PAYMENT OF BID ITEMS

A. Item 1 (and 42) Mobilization - The bid item for mobilization consists of preparatory work and operations including, but not limited to: those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings, and other operations which must be performed, including all c onstruction facilities and temporary controls described in Section 01500; costs incurred prior to beginning work on the various contract items on the project site; and removal of all such items from the project site upon completion of the work. Bid amount for mobilization shall not exceed 5 percent of the bid schedule total base bid.

B. Item 2 (and 43) Traffic Control - The bid item for traffic control during construction includes all materials, equipment, message boards, labor, permits, notifications letters and postings, and incidentals required to prepare traffic control plans and provide traffic control for worker and public safety as specified in the contract documents . Traffic control that is necessary to protect the work or the public at all sites shall be included in this bid item, and no additional compensation shall be made therefor.

C. Item 3 (and 44) Storm Water Pollution Prevention - The contract lump sum price per for “STORM WATER POLLUTION PREVENTION” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, revising, amending, and implementing the water pollution control plan and

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maintaining best management practices (BMP’s), and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of water pollution control practices, including temporary drainage inlet protection, non- storm water and waste management and materials pollution water pluton control practices, except those shown on the plans and for which there is a contract bid item, as specified in plans, the Standard Specifications, and the special provisions, and as directed by the Engineer.

D. Item 4 (Item 45) – Remove Existing Striping and Markings- The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to pavement preparation, removal, corrective work, traffic control, disposal, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed, therefor.

E. Item 5 – 2.5” Grind and Overlay – Bid item shall be measured in square feet. The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to full width grinding (including dealing with existing roadway structures, such as adjustments to finish grade), key cutting, removal and disposal of materials, traffic control, temporary paint striping and markings, cleaning the existing surface as needed, application of asphaltic prime coat and/or binder, placement and compaction of asphalt concrete; repair or poor workmanship or damage and clean-up by sweeping all grinding areas all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

F. Item 6 (item 46) – Slurry Seal – Class II Black Aggregate - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to removal of existing pavement striping, cleaning of the asphalt concrete surface, replacement of fire hydrant delineators and all utility and manhole covers, placement of temporary pavement markers, placement of slurry seal, public notifications, traffic control, completion of corrective work, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor
G. Item 7 (item 47)– Crack Seal – ¼” cracks or larger - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to crack cleaning, herbicide application, crack filling, traffic control and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

H. Item 8 (Item 48) – AC Base Repair (4”) - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to base replacement (if needed), root removal, place of prime coat and asphalt concrete, traffic control and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

I. Item 9 - Replace Loop Detectors - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to abandonment of old detectors, placement and installation of new detectors, splicing cables in pull box, traffic control, and testing all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

J. Item 10 – Install ADA Ramp New or Existing including asphalt conform – The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to the removal of existing concrete curb ramp/sidewalk, disposal of material, subgrade preparation, aggregate base installation and compaction, proof-rolling, forms, joints, concrete placement, concrete finishing, formwork, reinforcement and dowels, concrete protection and curing, asphalt concrete placement and compaction, up to two (2) foot wide asphalt concrete or concrete conforms, and detectable warning surface shall be considered as included in the contract unit price paid for Curb Ramps at Intersections and no additional compensation will be allowed therefor. Full compensation of the relocation of any posts, signs, utility boxes and/or any item in conflict with the location of

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the ramp shall be considered as included in the contract unit price paid and no additional compensation will be allowed therefor.

K. Item 11 ( Item 12, Item 13, Item 49) – Paint Curb Green (white) (red) - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to pavement/concrete preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

L. Item 14 (Item 50) – Install Blue Raised Reflectors - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to pavement or concrete preparation, epoxy, cleanup, and installation of blue hydrant reflectors, and no additional compensation will be allowed therefor.

M. Item 15 – Install 12” Wide White Thermoplastic Stop Bar - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

N. Item 16 (Item 51) – Install thermoplastic “STOP” Legend - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

O. Item 17 (Item 52) – Install 12” Wide Thermoplastic Crosswalk - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

P. Item 18, Item 19, Item 20, Item 21, (Item 53, Item 54, Item 55, Item 56, Item 57) – Install Detail 2 – Thermoplastic Yellow Dash - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

Q. Item 22, Item 23 (Item 60) – Install thermoplastic Type IV, VII Arrow - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where app licable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

R. Item 24 – Install thermoplastic “Slow School Xing” Legend Set - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

S. Item 25 – Install thermoplastic Speed Stencil - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

6.4 Attachment 2 - Construction Agreement

67 Measurements and Payment 01025- 4
CIP703/702 Updated 1/18/2022
T. Item 26, Item 27, Item 28, Item 29, Item 30, Item 31, Item 32, Item 33, Item 34, Item 35, Item 36, Item 37, Item 38 (Item 61, Item 62, Item, 63, Item 64)– Replace Traffic Signs on Existing sign post/streetlight - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to the removal of the existing sign, and the installation of the new traffic signs as shown on the plans, including furnishing all labor, materials, mounts and brackets, 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 therefor.

U. Item 40 – Park Pathway 3” AC Replacement - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to full width grinding (including dealing with existing roadway structures), key cutting, removal and disposal of materials, traffic control, signage, notifications and clean-up by sweeping all grinding areas all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

V. Item 41 – Clean Existing Signage- The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to cleaning existing signage not being replaced along streets being repaved, removal and disposal of materials, traffic control, and clean-up, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

W. Item 58 – Bike lane stencil including thermoplastic green - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

X. Item 59 – Bike Lane Thermoplastic – Federal Green - The bid item shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all work including, but not limited to replacement materials (where applicable), pavement preparation, placement, corrective work, traffic control, and clean-up all as shown on the plans, specified in these specifications and directed by the Engineer, and no additional compensation will be allowed therefor.

PART 2--(NOT USED)

PART 3--EXECUTION

3.01 PROGRESS PAYMENTS

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 Notice to Proceed unless otherwise agreed upon with the City.

B. The Contractor will classify the work according to items listed on the bidding form 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 Schedule of Costs for lump sum bid items. Payment for unit price bid 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.

3.02 FINAL PAYMENT AND RETENTION

6.4 Attachment 2 - Construction Agreement

68 Measurements and Payment 01025- 5
CIP703/702 Updated 1/18/2022
Upon Final Acceptance of the work, Owner shall execute and cause a Notice of Completion to be sent to Contractor and recorded with the San Mateo County Recorder. Owner shall release Final Payment (including any withheld retentions) 35 days after the recording of the Notice of Completion or as soon as the Application for Final Payment is made, whichever is later.

* END OF DOCUMENT *

6.4 Attachment 2 - Construction Agreement

69 Construction Facilities and Temporary Controls 01500- 1 CIP703/702 Updated 1/18/2022
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.

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.

6.4 Attachment 2 - Construction Agreement

70 Construction Facilities and Temporary Controls 01500- 2 CIP703/702 Updated 1/18/2022

3.04 DRAINAGE

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 -owned property outside the right of way as shown on the plans unless he enters into a rental agreement with the City.

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 s ubject to approval of the City.

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 un derground 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 SECTION *

6.4 Attachment 2 - Construction Agreement

71 Construction Facilities and Temporary Controls 01500- 3 CIP703/702 Updated 1/18/2022
FISCAL YEAR 2022 / 2023

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 $ 64.85 - 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) $ 3,121.85

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

6.4 Attachment 2 - Construction Agreement

72 Construction Facilities and Temporary Controls 01500- 4 CIP703/702 Updated 1/18/2022
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:

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: $1,5 00.00 Meter charge according to Master Fee Schedule for Fiscal Year 22/23 @ $ 303.92 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 22/23 @ $ 6.21 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

$_303.92
_______ __________ ___________ __________ ________ _________ $__________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________ _______ __________ ___________ __________ ________ _________ __________

City of Foster City
Temporary Water Hydrant Rental Receipt

Receipt No.: ____________ Date: ____________________________

Received From: _____________________________________________________________________________________

$3,121.85

THREE THOUSAND ONE HUNDRED TWENTY-ONE DOLLARS & EIGHTY FIVE CENTS

Check No. ______________ BY; ______________________________________________

Send ORIGINAL to Finance; cc: Meter Binder, Applicant
**END OF SECTION**

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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 St ate 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 traff ic 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 fifteen 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 i nstallation 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 9:00AM to 3:00PM. Major streets are listed as follows:

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:

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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 appr opriate 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.

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 *

6.4 Attachment 2 - Construction Agreement

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CIP703/702 Updated 1/18/2022
DOCUMENT 01580

CONSTRUCTION METHODS

PART 1 – CONSTRUCTION METHODS

Not Used

* END OF DOCUMENT *

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76 Standard Details 00 5505 - 1
CIP703/702 Updated 1/18/2022

STANDARD DETAILS
AND

ATTACHMENTS

6.4 Attachment 2 - Construction Agreement

77 Standard Details 00 5505 - 2
CIP703/702 Updated 1/18/2022

STANDARD DETAILS AND ATTACHMENTS

Contract Drawings (construction plans), City Standard Details and Caltrans Standard Details are part of these Technical Requirements:

* END OF DOCUMENT *

6.4 Attachment 2 - Construction Agreement

78 Technical Specifications
March 2020

TECHNICAL SPECIFICATIONS

CONTENTS

SECTION TITLE

01 Construction Facilities and Temporary Controls
02 Mobilization
03 Environmental Controls
04 Traffic Control
05 Supplemental Construction Regulation
09 Asphalt Concrete Grinding
10 Asphalt Concrete Repair
11 Crack Sealing
12 Loop Detector Replacement
13 Asphalt Concrete Paving
14 Slurry Seal
15 Utility Structure Modifications
17 Pavement Striping, Markings and Markers
18 Portland Cement Concrete Paving
19 Traffic Signs

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TECHNICAL SPECIFICATIONS

1.0 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

1.01 GENERAL

The work included in this shall section consist of providing temporary construction facilities, utilities and controls needed for the work.

1.02 TEMPORARY UTILTIES

The Contractor shall provide and pay for all necessary temporary water, telephones, fuel, power, and sanitary accommodations.

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.

Site and facilities shall be returned to their original "as -found" condition or as otherwise specified, at the completion of the project.

1.03 SOUND CONTROL

Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work pursuant to the contract.

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.

The maximum noise level shall be 85 dBA at any time.

1.04 DUST AND LITTER CONTROL

Maintain dust control within the site and provide adequate measures to prevent a dust problem for neighbors.

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.

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.

1.05 DRAINAGE

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

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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.

1.06 CONSTRUCTION WATER
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.

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.

1.07 SECURITY OF SITE

Security of the site shall be the Contractor's responsibility from commencement of work until completion of contract.

The Contractor shall provide and maintain such fences, barricades, signs, and warning lights as may be required to provide safety against accidents.

The Contractor shall provide temporary chain link fencing with dark green slats around all equipment and materials storage areas. This requirement does not apply to pipe assembly areas in traffic lanes of Edgewater Boulevard.

1.08 RIGHTS IN LAND AND IMPROVEMENT

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.

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.

1.09 STORAGE FACILTIIES

Provide temporary sheds or other covered facilities for storage of materials subject to weather damage. The number and size of structures shall be subject to the City/District's approval. Locate structures to avoid interference with work and relocate as required by progress of work. Remove structures and surplus stored materials at completion of work

1.10 FIELD OFFICE

If the Contractor elects to establish an office for their own use on the project, the size, location and construction shall be subject to the approval of the City.

1.11 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

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systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. North by calling 811 with ample advance time to allow the utility companies to respond (at least 48 hours in advance of any grading or excavation).

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.

2.0 MOBILIZATION

2.01 DESCRIPTION

In general, mobilization shall consist of the work, associated with obtaining permits, insurance, and bonds and the moving onto the site of materials, supplies, restroom facilities, and equipment as required for the proper performance and completion of the work.

3.0 ENVIRONMENTAL CONTROLS

3.01 SITE MAINTENANCE

The Contractor shall keep the work site clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance.

3.02 TEMPORARY DAMS

Except in time of emergency, earth dams are not acceptable at catch basin openings, local depressions, or elsewhere. Temporary dams of sand bags, asphaltic concrete, or other acceptable material will be permitted when necessary to protect the work, provided their use does not create a hazard or nuisance to the public. Such dams shall be removed from the site as soon as they are no longer necessary.

3.03 AIR POLLUTION CONTROL

The Contractor shall not discharge smoke, dust, and other contaminants into the atmosphere that violate the regulations of any legally constituted authority. He shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water, in amounts which result in mud on public streets, is not acceptable as a substitute for sweeping or other methods.

3.04 NOISE CONTROL

Noise from Contractor's operations shall not exceed limits established by applicable laws, permits or regulations and in no event shall exceed 85 dBA at a distance of 50 feet from the noise source. Limits may vary according to location of work, hour of day, and day of week.

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March 2020

3.05 STORM WATER POLLUTION PREVENTION

A. Contractor shall submit a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall address site specific, effective Best Management Practices (B MPs), that are seasonally and phase appropriate. The plans shall address the following categories: (1) Erosion Control; (2) Run -on and Run- off Control; (3) Sediment Control; (4) Active Treatment Systems, as necessary; (5) Good Site Management; and (6) Non-Storm Water Management.

B. The SWPPP shall specifically include the following items: (1) a dewatering plan; (2) proper management of concrete, concrete slurry, grout, wastewater, chemicals, pavement cuttings, and other construction waster to discharge to storm drains; (3) sweeping and vacuuming streets to remove debris, concrete, or sediment residue regularly and at the completion of the project; (4) prohibition on cleaning, fueling or maintaining vehicles on site except is designated areas; and (5) permanent erosion control measures.

C. Contractor shall correct deficiencies in the plan or implementation of the plan immediately unless authorized by the Engineer.

4.0 TRAFFIC REGULATION

4.01 GENERAL

Work included:

A. Preparation of proposed detour, lane closure, traffic control, and traffic detail plans prepared by a licensed traffic engineer.

B. Contractor shall subcontract a traffic control firm/company to implement the approved traffic control plans.

C. All work and costs associated with provision, installation, operation, maintenance and later removal of all required traffic control measures, and devices for this project. All work, preparation, public notification required by the City Engineer and all associated costs for the temporary closur es of drive- ways, detours of traffic, lane closures and parking prohibitions.

D. Comply with all traffic regulation requirements.

E. Contractor shall furnish two (2) written advance notices to all property owners, businesses, or tenants with frontage on any street designated for receiving an asphalt overlay or being reconstructed. The first notice shall be furnished 7 to 10 days prior to work on the associated street. The second notice shall be provided 24 to 48 hours in advance of the work at the particular site.

The contractor shall be responsible for delivering a written notice to each and every dwelling unit and business establishment located on a work street. Failure to distribute notices shall be sufficient cause for the Engineer to suspend the work

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until such notices are distributed. If requested, the City will provide the Contractor with a list of addresses or a map of all individuals to be notified.

F. Notify all residents, property owners and businesses within 500 feet of the limit of work at least 7 days prior to the commencement of work. The City will provide the Contractor with a list of addresses or a map of all individuals to be notified.

Contractor shall also provide the residents a prepared letter from the City.

4.02 SUBMITTALS

A. Submit at least 15 calendar days prior to work a traffic control plan for approval by the City Engineer. The plan shall be drawn at 1”=40’ or 1”=50’ to scale drawings provided on 24”x36” sheets. The plan shall conform to all requirements of these specifications and the City Engineer. Include lane closures, temporary driveway closures, detours, and parking prohibitions.

B. Traffic control plans shall conform to the State of California “Manual of Traffic Controls for Construction and Maintenance Work Zones”, and the WATCH Manual.

4.03 JOB CONDITIONS

A. The following general job conditions apply to the project:

1. Provide access to all businesses 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. Lighted arrow boards shall be used for all lane closures on boulevards and other locations when appropriate or when directed by the Engineer.

A. Contractor shall not pave through more than one signalized intersection at the same time.

4.04 TRAFFIC CONTROL DEVICES

A. The Contractor shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs.

B. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of CSS Section 12, "Construction Area Traffic Control Devices," and CSS 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.)

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March 2020
C. 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.

4.05 GENERAL EXECUTION

A. 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.

B. Access to driveways and buildings in the vicinity of work shall be maintained as much as possible. For properties that contain more than one driveway, at least one driveway shall remain open at all times. For properties that contain one driveway, short term closures which are defined as no more than 2 hours in duration shall be minimized as to not impact businesses, long term closures which are defined as no more than 1 full working day shall not be more than one lane of the driveway. Any driveway closure requiring more time than short or long term closures shall be approved by the Engineer. Access to driveways shall be opened at the end of each working day.

C. 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.

4.06 LANE CLOSURES AND DETOURS

A. 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.

B. Traffic control during construction of this project will require that a minimum of one traffic lane in each direction remains open at all times.

4.07 WORKING HOURS - MAJOR STREETS

Unless otherwise detailed in these specifications, 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 a.m. to 3:00 p.m. Major streets are listed as follows:

1. Foster City Boulevard 6. Beach Park Boulevard 11. Pilgrim Drive

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

4.08 TRUCK ROUTES

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All vehicles exceeding 12,000 pounds gross weight hauling materials to the job sites shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineer.

4.09 NO PARKING SIGNS

Contractor shall post ‘No Parking’ signs as follows: (a) Streets - at least seventy-two (72) hours in advance of the work, (b) Parking Lots – one week in advance of the work. ‘No Parking’ signs shall indicate the date, time, hours, and day of week of the parking prohibitions. Only the days needed for the actual work may be posted. The distance between the “No Parking” signs shall not exceed 50 feet. The Contractor shall notify the Engineering Department to confirm the proper posting in advance.

4.10 ELECTRONIC MESSAGE BOARDS

Electronic message boards displaying dates of the construction activities shall be placed at least two (2) weeks prior to construction activities. Message boards shall remain on the project site until the work has been completed. Drawings showing the placement of the message boards shall be submitted by the Contractor and approved by the City prior to installation. The construction board messages must be approved by the City prior to placement on the message boards. A minimum of three (3) message boards shall be provided. Message boards shall be of a size appropriate for local roads and shall not impede traffic flow.

5.0 SUPPLEMENTAL CONSTRUCTION REQUIREMENTS

(This section is intended to provide additional contract provisions throughout these specifications. If any part of this section is contradictory to other sections in these specifications, this section shall govern.)

GENERAL

5.01 RESTRICTIONS OF STORM DRAINAGE SYSTEM

No wastewater or particulate matter of any kind shall be discharged either directly or indirectly through any City or Caltrans storm drainage system or other public creek or waterway. The Contractor shall develop a suitable and approved means of disposing wastewater or particulate matter. Disposal of test water through a storm and sanitary sewer system may be allowed as approved by the Engineer.

5.02 GROUNDWATER

The Cont ractor shall make allowance for groundwater. Any cost for dealing with groundwater shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

5.03 PUBLIC CONVENIENCE

The Contractor shall so conduct his operation as to offer the least possible obstruction and inconvenience to the public. Temporary access to private homes, business

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establishment, etc., shall be provided by the Contractor at all times except during authorized temporary closure. The Contractor shall coordinate all work with garbage and recycling pick -up day, bus routes, and school routes on all streets. SEE ALSO SECTION 01570 - TRAFFIC REGULATION IN THESE SPECIFICATIONS.

Commercial driveways shall b e provided with at least 10 feet wide of unobstructed opening at all times.

Subject to approval of property owners and approved in advance by the Engineer in writing, temporary closure of driveways may be allowed. However, in no case shall a driveway remain closed for more than 6 hours unless otherwise authorized by the Engineer.

Prior to closure of driveways, the Contractor shall coordinate and notify the property owner or resident at least twice of such closure. Closure notices shall be given to the property owner or resident 24 hours to 48 hours prior to each closure.

If a driveway cannot be permanently restored within the specified time allotted for each closure, the Contractor must provide a minimum of 10 feet wide temporary driveway, consisting of 8 inches compacted subbase with 2 inches temporary asphalt surfacing; or when practicable, as approved by the Engineer, steel plates that can support the vehicles using such temporary access may be provided as an alternative temporary driveway.

Pedestrian access facilities shall be provided through construction areas at all times. If the Contractor’s operations require closure of walkways, adequate pedestrian directional signs shall be provided and maintained. At the end of each working day or unti l the pedestrian walkways are permanently restored, temporary asphalt concrete (4 feet wide minimum) or trench steel plate walkways shall be provided and maintained. The temporary walkway surfacing shall be skid resistant and free from irregularities.

In the event that the Contractor fails to perform the work above specified, the City will perform such work and all cost thereof will be deducted from monies due or to become due the Contractor.

When no longer required or when temporary driveways and pedest rian walkways are permanently restored, said temporary facilities shall be completely removed and disposed of to the satisfaction of the Engineer.

5.04 PROJECT APPEARANCE

The Contractor shall maintain a neat appearance to the work.

In any area visible to the public, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. Stockpiling of broken concrete and other debris shall require the approval of the Engineer. If stockpiling is necessary, the material shall be removed or disposed of weekly.

5.05 ROADWAY MAINTENANCE

All debris generated by construction activity including AC grinding and thermoplastic grinding shall be removed by street sweeper prior to the end of the work day.

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All sewer manholes, fire hydrant valves, sewer cleanouts, water valve boxes, and survey monuments within the project limits shall be clean of all debris at the end of the job.

The decorative pavers must be cleaned and left free of any asphalt, oil, or other debris when the job is complete.

5.06 CONSTRUCTION EQUIPMENT

All equipment and vehicles either owned and/or operated by the Contractor and all equipment and vehicles either owned and/or operated by a sub-contractor employed by the contractor shall not exceed 25 MPH at any time within Foster City.

All equipment and vehicles either owned and/or operated by the Contractor and all equipment and vehicles either owned and/or operated by a sub -contractor employed by the contractor shall not exceed 10 MPH at any time within a temporarily closed lane, closed portion of roadway or any other work area.

5.07 STREET SWEEPERS

One street sweeper with fully operational dust control functions shall be operated at all times during the course of all work activities. At the request of the City Engineer, the Contractor shall provide additional street sweeper(s) if one full-time street sweeper does not, in the City Engineer’s opinion be sufficient. Street sweepers shall never exceed 10 mph at any time any where on any street. Street sweeping shall be included in the unit costs for the entire project and no additional compensation shall be made therefor.

5.08 INLET PROTECTION

The contractor shall install or cause to be placed, sufficient storm drain inlet sediment protection and/or filters at ALL catch basins prior to grinding activities. These protective devices/filters shall be maintained throughout all grinding, paving and final sweeping activities.

5.09 STAGING AREAS

The Contractor shall be responsible for arranging for, procurement, and payment for sufficient staging areas for ALL equipment, materials, storage and parking areas for this project. The Contractor may request t he temporary use and occupation of areas of City Streets during daytime operations. Temporary storage of materials shall be maintained in a manner that is neat and safe; all stockpiled materials shall be placed on plastic sheeting.

These areas should be identified by the Contractor and submitted for approval by the City Engineer. Overnight parking of equipment or storage of material may be allowed on certain City streets subject to approval by the City.

CONSTRUCTION DETAILS

5.10 ORDER OF WORK

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At the end of each working day if a difference in excess of 0.50 foot exists between the elevation of the existing pavement and the elevation of any excavation a distance of 5 feet or greater from the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose, however, once the placing of structural section commences, structural material shall be used.

At the end of each working day a drop-off of more than 0.15-foot up to 5 feet from the edge of the travel lane will not be allowed. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 4:1 or flatter to the bottom of the exc avation. Treated base shall not be used for the taper. All gutter and conform grinding shall be resurfaced within (7) calendar days from the time the grinding is made.

5.11 TRAFFIC FACILITY MAINTENANCE

Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

The Contractor shall notify the City of his intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with the City local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.

Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicl e or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.

5.12 TRAFFIC CONTROL SYSTEM

A traffic control system shall consist of closing traffic lanes, using flagmen, and the provision of traffic detours, including furnishing, installing, maintaining and removal (when no longer required) of traffic control devices and ramps. The base material of construction area signs shall not be plywood.

Each vehicle used to place, maintain, and remove components of a traffic control system on multi-lane roadways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is being used for placing, maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the plans shall not be used on the vehicles which are doing the placing, maintaining, and removing, and shall be in place before a lane closure requiring its use is completed.

If any component in the traffic control system is displaced, or ceases to operate of function as specified, from any cause, during the progress of the work, the Contractor shall

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immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Traffic loops shall not be out of service for more than 5 working days after final paving.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right of way.

5.13 TEMPORARY PAVEMENT DELINEATION

Nothing in these special provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the State of California Department of Transportation.

Pavement delineation removal or obliteration shall be coordinated with application of temporary or new pavement delineation so that lane lines are provided on traveled ways open to public traffic.

Wherever the Contractor’s operations obli terate pavement delineation (lane lines, either pavement markers or traffic stripes or both), such pavement delineation shall be replaced with either permanent or temporary pavement delineation before opening the traveled way to public traffic.

Temporary pavement delineation shall consist of reflective raised pavement markers or reflective raised pavement markers on reflective traffic line tape (4 inches wide by 12 inches long) placed at intervals of not more than 12 feet apart.

Double stripes and channelization stripes shall be delineated with two reflective raised pavement markers or two reflective raised pavement markers on reflective traffic line tape (4 inches wide by 12 inches long) placed side by side. The maximum longitudinal spacing between reflective raised pavement markers and reflective raised pavement markers on reflective traffic line tape shall not be more than 12 feet. Temporary pavement delineation shall be the same color as the permanent pavement delineation.

Temporary reflective raised pavement markers and temporary reflective raised pavement markers on reflective traffic line tape (4 inches wide by 12 inches long) used for temporary pavement delineation shall be, at the option of the Contractor, one of the following or equal:

Temporary Raised Pavement Marker (Types Y and W) manufactured by Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251-8140.

Safe-Hit Temporary Pavement Marker, manufactured by Safe-Hit Corporation, 930 West Winton Avenue, Building #11, Hayward, California 95545.

Swareflex Pavement Marker (Models 3553, 3554, Cat Eyes No.s 3002 and 3004), manufactured by Swareco and distributed by Servtech Plastics, Inc., 1711 South California Street, Monrovia, California 91016, Telephone (818) 359-9248.

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Stimsonite Construction Zone Marker (Model 66), manufactured by Amerace Corporation, Signal Products Division, 7542 North Natchez Avenue, Niles, IL 60648, Telephone (312) 647-7717.

Flex-O-Lite Raised Construction Marker (RCM), manufactured by Flex -O-Lite, Lukens Company, P.O. Box 4366,St. Louis, MO 63123- 0166, Telephone (800) 325-9525.

3M Scotch- Lane A200 Pavement Marking System (reflective raised pavement marker on reflective traffic line tape), manufactured by 3M Company, Traffic Control Materials Division, 223-3N 3M Center, St. Paul, MN 55144.

Temporary reflective raised pavement markers and reflective raised pavement markers on reflective traffic line tape shall be applied in accordance with the manufacturer’s recommendations.

9.0 ASPHALT CONCRETE GRINDING

9.01 GENERAL

Work covered by this section includes full width grinding. Work shall be in conformance with Section 39-3.04 and 42-3 of the State Specifications as modified herein.

9.02 GRINDING

Contractor shall notify Engineer (in writing) at least 48 hours prior to grinding or other work which would damage the detectors. Work shall not proceed until Engineer has arranged for signals to be placed on fixed-time operation.

The Contractor shall protect all existing valve covers and other existing structures during the grinding operation.

Planed widths of pavement shall be continuous.

The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be disposed of legally outside City limits, unless otherwise directed by the Engineer.

9.03 REQUIREMENTS

A. Care shall be taken to avoid damage to adjacent improvements. All damage shall be repaired by Contractor.

B. The Contractor is notified that existing pavement fabric may be encountered in the areas to be ground. If pavement fabric substantially hinders the progr ess of grinding as determined by the Engineer the Contractor will be given additional contract days to accomplish grinding operations. No additional compensation for cold mill planing will be made to the Contractor based on the presence of fabric in the sections to be ground or the presence of existing asphalt above the existing lip of gutter.

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C. The Contractor is notified that the existing yellow thermoplastic striping may contain lead. Contractor shall be responsible for the removal and legal disposal of the ground material necessitated by the work. Payment for this work shall be considered included in other items of work and no additional compensation shall be made.

D. Contractor shall seek direction from the Engineer prior to grinding adjacent to signal detector loops. Loops and/or wiring intended to be saved but damaged by the Contractor shall be replaced at his expense.

E. Contractor shall place and maintain warning signs and temporary AC patch material to serve as “ramps” at all pedestrian and vehicular crossings over entire length of key cuts and over entire width of bridge and ironspot brick paver approach cuts, exposed manholes, valves boxes, etc located in traffic lanes.

F. All material removed by grinding shall be cleaned up and legally disposed of outside of the City limits.

G. Areas that receive gutter or conform or full width cuts shall be resurfaced within Ten (10) calendar days from the time that the planing cuts are completed.

Liquidated Damages will begin to accrue per Section 00 5200 Agreement Article 3 Paragraph 3.01 Liquidated Damages Amounts for work started later than what specified above.

H. Contractor shall be responsible to protect and clean all debris from water valves boxes, storm drain and sewer manholes, etc on planed streets.

9.04 MEASUREMENT AND PAYMENT

See document 01025

10.0 ASPHALT CONCRETE BASE REPAIR

10.01 GENERAL

Work covered by this section includes dig- out and repair of failed asphalt concrete pavement in streets. The work includes cutting and removal of all roots and organic materials.

10.02 SUBMITTALS

Contractor shall submit certificates from materials suppliers stating compliance with the requirements of this Section.

10.04 ASPHALT CONCRETE

Asphalt concrete repair shall be Type A, 3/4 inch maximum, coarse graded aggregate material, conforming to Section 39, State Specifications.

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10.05 EXECUTION

Areas to be repaired shall be at various locations pre- marked in the field by the Engineer

The following are types of AC repair to be performed where indicated and premarked in the field. Dig -outs may be excavated using the milling machine method or saw - cut/excavator method or a combination of both. Milling machines and operations shall meet the provisions of Section 42-2 of the Standard Specification. For parks pathways, the milling machine used shall not exceed 3 feet cutting edge. AC base repairs shall be 2-ft wide at a minimum. NOTE: About have Contractor have grinder as necessary for 2-ft wide digouts.

For streets receiv ing a full width mill and overlay, AC base repai rs shall be marked following the milling work.

AC Base Repair - 4" Deep shall be neatly saw cut and removed to a total depth of 4".

The Contractor shall compact the top foot of existing base material to 95% of the maximum obtainable density. After approval of compaction of the base material by the engineer, Contractor shall prime horizontal and vertical surfaces with liquid asphalt and fill bottom 3" with asphalt concrete repair material then fill top 1" with asphalt concrete level material to match level of adjacent pavement. The Contractor may use 3/4" A.C. mix for the entire depth of asphalt concrete repair.

AC Base Repair - 6" Deep shall be neatly saw cut and removed to a total depth of 6".

The Contractor shall compact the top foot of existing base material to 95% of the maximum obtainable density. After approval of compaction of the base material by the engineer, Contractor shall prime horizontal and vertical surfaces with liquid asphalt and fill bottom 3" with asphalt concrete repair material then fill top 3" with asphalt concrete level material to match level of adjacent pavement. The Contractor may use 3/4" A.C. mix for the entire depth of asphalt concrete repair.

All debris is to be removed from the site daily and the area left in a clean and safe condition. All materials removed from repair areas shall be legally disposed of outside the City limits.

10.06 MEASUREMENT AND PAYMENT

Asphalt concrete base repairs shall be as a marked in the field and measured in square feet.

See document 01025

11.0 CRACK SEALING

11.01 GENERAL

Work covered by this section includes cleaning out and sealing of cracks in asphalt concrete pavement of designated slurry seal streets.

11.02 SUBMITTALS

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Contractor shall submit certificates from suppliers stating compliance of materials with the requirements of this section.

11.03 MATERIALS

ASPHALT-VULCANIZED RUBBER

A. The asphalt to be used shall have a maximum penetration of 150 when tested in accordance with procedure outlined by the American Association of State Highway Officials.

B. The granulated crumb rubber (100 percent vulcanized) shall meet the following requirements:

Passing Sieve Percent

No. 8 100
No. 10 98-100
No. 40 0-100

The sieves shall comply with the requirements of AASHTO 92.

The specific gravity of the granulated crumb rubber shall be 1.15 + 0.02 and shall be free of fabric, wire or other contaminating materials, except that up to four percent of calcium carbonate may be included to prevent particles from sticking together.

C. The proportions of the two materials by weight shall be 75 percent +2 percent asphalt and 25 percent +2 percent rubber.

D. The materials shall be packed in approximately 60 pound boxes with a polyethylene liner. The boxes shall be placed on pallets and covered with a weather resistant covering.

CONTACT HERBICIDE

Roundup or approved equal

11.04 EXECUTION

Cracks 1/4" and wider shall be blown clean of all organic materials with a high pressure air nozzle and/or a mechanical cleaning process to a depth of 1/2" minimum.

An approved herbicide shall be sprayed in all cracks. Application shall be subject to applicable state laws.

The asphalt-rubber shall be heated to a minimum temperature of 300°F but not greater than 350°F. The material shall be held in the mixing tank at application temperature until very little separation of the rubber and asphalt occurs when a bead of sealant material is placed on the pavement. Sealant mat erial may be added to the mix as long as the minimum temperature of 300°F is maintained.

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Cracks shall be sealed from the bottom up. Sealant material shall be applied so it is flush with the pavement surface.

All crack seal shall be done prior to surface sealing.

Traffic shall not be allowed on the material until it has cured or until it has been sanded to prevent tracking. Reinforcing fabric shall not be placed for at least 24 hours after crack sealing.

11.05 MEASUREMENT AND PAYMENT

Crack Seal shall be measured on a linear foot basis.

See document 01025

12.0 LOOP DETECTOR REPLACEMENT

12.01 GENERAL

Work covered by this section includes replacement of detector loops at signalized intersections scheduled for asphalt concrete overlay and asphalt concrete repair:

12.02 LOOP TESTING

All traffic loops to remain shall be tested by the City.

12.03 MATERIALS

LOOP

Materials shall conform to Section 86, State Specifications, as modified herein.

SEALANT

Shall be asphalt emulsion sealant in conformance with Section 86, State Specifications.

Loop conductors shall be installed without splices unless otherwise noted on the plans.

Loop detector circuits shall have an insulation resistance value of not less than 100 megohms.

12.04 EXECUTION

A. After key cutting, if traffic loops have been disabled, saw slots in old pavement for loop conductors as shown in details.

B. Slots shall be washed, blown out and thoroughly dried before installing loop conductors.

C. Install loop conductor in slot using a 3/16" to 1/4" thick wood paddle.

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D. Allow additional length of conductor for the run to termination pull box plus five feet of slack in pull box.

E. The additional length of each conductor for each loop shall be twisted together into a pair (at least two turns per foot) before being placed in the slot and conduit to termination pull box.

F. No more than four loop conductors (two twisted pairs) shall be installed in one sawed slot.

G. Identify and tag loop circuit pairs in the termination pull box. Identify and tag with loop number, start(s) and finish (f) of conductor. Identify and tag lead- in cable with sensor number and phase.

H. Test each loop circuit for continuity, circuit resistance and insulation resistance at the pull box before filling slots.

I. Fill slots as shown in details.

J. Splice loop conductors to lead- in cable. All splices shall be soldered using rosin -core solder.

K. Lead-in cable shall be shrink sealed individually and then taped and waterproofed in conglomerate prior to installing in conduit to prevent moisture from entering the cable.

L. Lead-in cable shall not be spliced between the termination pull box and the controller cabinet terminals.

M. Test each loop circuit for continuity, circuit resistance and insulation resistance at the controller cabinet location. The loop circuit resistance shall not exceed 0.5 ohms plus 0.35 ohms per 100 feet of lead-in cable. The insulation resistance shall be performed between each circuit conductor and ground. The insulation resistance shall not be less than 100 megohms.

N. Distance between side of loop and a lead-in saw cut from adjacent detectors shall be two feet minimum. Distance between lead-in saw cuts shall be six inches minimum.

O. Loops shall be centered in lanes.

P. Adjacent loops on the same sensor unit channel shall be wound in opposite directions.

Q. Traffic loops shall be installed within 5 working days after the final coarse of AC overlay and before the pavement striping and markers are placed.

12.05 MEASUREMENT AND PAYMENT

Loop detectors shall be measured by each loop to be installed regardless of being a Type A, D or Q traffic loop.

See document 01025

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13.0 ASPHALT CONCRETE PAVING

13.01 GENERAL

Work covered in this section includes the asphalt concrete overlay of streets and park pathways.

Work and material shall conform to applicable portions of Section 39 of Caltrans Specifications (CSS), as modified herein.

Park Pathways shall meet ADA requirements for all slopes and widths. If not possible in certain locations, the contractor shall immediately inform the City.

13.02 SUBMITTALS

Contractor shall submit certificates from materials suppliers stating that materials conform to requirements of this section. Contractor shall submit mix designs and material certificates to be approved by the Engineer.

13.03 TESTING

Asphalt concrete tests for asphalt mix and compaction will be made by the City.

13.04 MATERIALS

ASPHALT CONCRETE

Asphalt Concrete for the overlay shall be ½” Type A.

Asphalt Concrete for the park pathways shall be 1/2” Type A.

Bender Board – 1’x4” boards with stakes or approved equal (included in the unit cost for AC park pathway.

AGGREGATE

Mineral aggregate for asphalt concrete overlays for 0.1' shall conform to the requirements of Section 39 of the State Specifications and Type A, 3/8 inch maximum size, medium grading.

Mineral aggregate for asphalt concrete overlays > 0.1' to less than 0.2’ shall conform to the requirements of Section 39 of the State Specifications and Type A, 1/2 inch maximum size, medium grading.

Mineral aggregate for asphalt concrete overlays 0.2' to less than 0.25’ shall conform to the requirements of Section 39 of the State Specifications and Type A, 3/4 inch maximum size, medium grading.

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ASPHALT BINDER

Asphalt binder to be mixed with aggregate shall be steam -refined paving asphalt conforming to the requirements of Section 92 of the State Specifications. Unless otherwise specified, paving asphalt shall be PG 64-10 or PG 64-16.

PAINT BINDER (TACK COAT)

Paint binder (tack coat) shall conform to the requirements of Section 39 and 94 of the State Specifications for Slow Setting Type Emulsion, Grade SS1H.

13.05 EXECUTION

PRIME COAT

Before placing asphalt concrete on bare aggregate base, a liquid asphalt prime coat shall be applied to the base course in accordance with applicable provisions of Section 39 of the State Specifications and as may be modified by the Engineer. Prime coat shall be applied at the rate of 0.25 gallons per square yard.

PAINT BINDER (TACK COAT)

Before placing asphalt concrete, an asphalt -emulsion paint binder (tack coat) shall be applied to all horizontal and vertical surfaces of existing pavement and to vertical surfaces of curbs, gutters, conforms, and construction joints in accordance with the applicable portions of Section 39 of the State Specifications. Paint Binder shall be applied at the rate of 0.10 gallons per square yard.

ASPHALT CONCRETE

Asphalt concrete shall be spread with an asphalt paver and shall be compacted by any means to obtain the specified density and surface finish to the lines, grades and cross section shown on the plans.

At locations where the asphalt c oncrete is to be placed over areas inaccessible to an asphalt paver, the asphalt concrete shall be spread by any means that will obtain the specified results and shall be compacted to the specified density and to the required lines, grades and cross sections.

The amount of asphalt binder to be mixed with the aggregate shall be between 4 percent and 6 percent by weight of the dry aggregate. The exact amount of asphalt binder to be mixed with the aggregate will be determined by the mix design.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Section 38-6.03, “Compacting,” of the State Specifications, the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.

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The area to which paint binder has been applied shall be closed to public traffic. Care should be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.

A drop-off of more than 0.15-foot will not be allowed at any time between adjacent lanes open to public traffic.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 feet nor less than 5 feet. Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume.

Asphalt concrete surfacing shall be placed on all existing surfacing shown on the plans, unless otherwise directed by the Engineer.

Section 39-6.03 of the State Specifications, “Compacting,” is amended by deleting the fourth through twelfth paragraphs and adding the following after the fourteenth paragraph:

Asphalt concrete shall be compacted to 95 percent of the maximum theoretical unit weight.

Compaction will be determined by California Test 375. Laboratory specimens will be compacted in conformance with California Test 304. The asphalt concrete will be tested by lots, as specified in California Test 375. If any lot tested has a relative compaction below 95.0 percent, but above 94.5 percent, the Contractor will be advised that he is not attaining the desired relative compaction and that his materials or his procedures, or both need adjustment. Any lot of asphalt concrete that has a relative compaction of less than

94.5 percent shall be removed and replaced by the Contractor at no cost to the City, except that, if requested in writing by the Contractor and agreed to by the City, a lot with a relative compaction of 94.5 percent or greater may be accepted on the basis of a reduced payment.

Section 39- 8.02 of the State Specifications, “Payment,” is amended by adding the following after the first paragraph:

Asphalt concrete in a lot that is accepted on the basis of reduced payment will be paid for at the contract prices for the items of asphalt concrete involved multiplied by the following factors:

Relative
Compaction
(Percent)

Pay Factor

Relative
Compaction
(Percent)

Pay Factor

94.5 and above

1.000

93.0 to 93.4

0.850

94.0 to 94.4

0.950

92.5 to 92.9

0.800

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93.5 to 93.9

0.900

92.0 to 92.4

0.750

TOLERANCE

The finished surface of the asphalt pavement shall conform to the smoothness tolerances as stipulated in Section 39-6.03 of the State Specifications. Areas of pavement which fail to meet smoothness tolerances shall be repaired by fine surface grinding at no additional cost to the City. The thickness of the finished pavement shall not be less than the planned thickness at any point.

DAMAGE REPAIR

The Contractor shall be responsible for any damage to existing curbs, gutters, electrical utilities, underground utilities, irrigation, drainage, fences, sidewalks and driveways and any asphalt concrete, liquid asphalt or asphaltic emulsion stains, electrical utilities, underground utilities, and fence occurring during the course of this Contract. Such damage shall be cleaned by sandblasting or any other method satisfactory to the Engineer. The cost of repairing this damage shall be considered as included in the unit price paid for asphalt concrete and no additional compensation shall be allowed.

PUBLIC CONVENIENCE AND TRAFFIC CONTROL

For work in street and pathway areas, at least five working days prior to commencing work, the Contractor shall submit his schedule of streets to be overlaid to the Engineer for approval. Based upon the schedule, the Contractor shall notify residents and businesses of the proposed work by hand distributing fliers furnished by the City and shall post “No Parking” signs at least 72 hours prior to the start of work on the street. Distance between “No Parking” signs shall not exceed 50 feet. Requests for changes in the schedule shall be submitted by the Contractor to the Engineer for approval at least 72 hours prior to the scheduled overlay of the streets affected.

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.

STRIPING

Striping Cat -Tracks shall be placed no later than Seven (7) calendar days after the completion of the paving work. Final striping shall be started no later than Forteen (14) calendar days form the completion of paving work. Liquidated Damages will begin to accrue per Section 00 5200 Agreement Article 3 Paragraph 3.01 Liquidated Damages Amounts for work started later than what specified above.

13.04 MEASUREMENT AND PAYMENT

Asphalt concrete shall be measured in tons of material placed. Contractor shall f urnish weight tags to the Engineer daily and shall indicate thereon the site(s) at which the material was used.

See document 01025

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14.0 SLURRY SEAL

14.01 GENERAL

Work covered in this section includes placement of slurry seal on designated streets.

SUBMITTALS

Contractor shall submit certificates from the materials suppliers stating that materials comply with the requirements of this Section. The Contractor shall submit a schedule of streets to be slurry sealed.

14.02 MATERIALS

AGGREGATE

Type II (Section 37-3.02, State Specifications), black aggregate.

ASPHALTIC EMULSION

LMCQS1H (Section 94, State Specifications).

MIX PROPORTIONING

For slurry seal type I, the mix shall be within 8 - 12 pounds of aggregate per square yard of slurry applied. The mix shall be applied within 10 percent of this rate. Asphalt emulsion shall be 15% to 20% of dry aggregate weight.

For slurry seal Type II, the mix shall be 13 to 15 pounds of aggregate per square yard of slurry applied. The mix shall be applied within 10 percent of this rate. Asphalt emulsion shall be 13% to 18% of dry aggregate weight.

TEMPORARY PAVEMENT MARKERS

Cataphote or approved equal.

14.03 EXECUTION

PREPARATION

Prior to beginning work, all existing pavement striping and markings shall be removed by grinding as to leave the surface free of striping material, without damaging the existing pavement. Any damage to the existing pavement shall be repaired by the Contractor at his expense.

The Contractor is notified that the existing yellow thermoplastic striping may contain lead. Contractor shall be responsible for the removal and legal disposal of the ground material necessitated by the work. Payment for this work shall be

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considered included in other items of work and no additional compensation shall be made.

Rims and covers for all manholes, utility and monument boxes shall be masked and covered to prevent their coverage with asphalt slurry. If covers are defaced, Contractor shall clean to the satisfaction of Engineer.

Immediately prior to the application of the slurry seal, the street shall be thoroughly cleaned of all foreign material such as, but not limited to, leaves, sand, gravel, dirt and vegetation. The roots of any vegetation growing in the roadway shall be treated with an herbicide (Roundup or approved equal), following the manufacturer’s recommendations for application. The method of street cleaning shall be by power vacuum broom and hand broom, and shall be performed so as to remove all visible loose materials on the existing pavement surface to be slurry sealed. The Engineer shall approve surface preparation before slurry sealing proceeds.

APPLICATION

Work shall be in conformance with applicable portions of Section 37 -2 of the State Specifications, and shall not be placed when atmospheric temperature is less than 65 F. or during foggy, rainy or unsuitable weather.

The application of slurry shall not commence until after 8:00 a.m. and shall be sufficiently cured to be open to traffic by 5:00 p.m. Areas which have been freshly slurried shall be closed from the time the application begins until the Engineer determines the mixture has achieved sufficient set to be opened to traffic. Slurry sealed streets shall be properly compacted using Pneumatic roller . All loose aggregate shall be swept.

Temporary pavement markers shall be placed per manufacturer’s standards at locations of existing striping on all slurry sealed streets. Excess aggregate shall be removed after work is completed at each street. Areas that have been sanded shall be initially swept clean within twelve (12) hours after traffic control is removed. The contractor shall be responsible for cleaning all ravel and loose materials resulting from the Rapid Setting Slurry Seal for a period of 30 days after placement. All surface treated streets, including cul-de-sacs on the project will require a minimum of two (2) post sweeps at 7-day and 21- day intervals after placement. Sweeping is not limited to the street surface only. Sweeping also includes driveways, pedestrian ramps, side streets, and sidewalks . The method of street cleaning shall be by power vacuum broom and hand broom, and shall be performed so as to remove all visible loose materials on the newly slurry sealed streets.

Subsequent
sweeping after 21 days if required by the City shall also be included and considered incidental to this item.

PNEUMATIC-TIRE ROLLER
The contractor shall roll all streets with a self-propelled 10 ton Pneumatic roller with a tire pressure of 50 PSI and equipped with a water spray system. The contractor shall make four complete passes on the streets the same day they are slurried before opening for traffic. The contractor shall be responsible for proper scheduling of the work such that the rolling can be properly done before the street is opened to traffic. All costs associated with this item shall be included in the bid price of slurry and no additional payment shall be allowed therefore.

CORRECTIVE WORK

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Slurry sealed areas which have been improperly prepared, are not uniform in color, have been improperly sealed, or have failed for any other reason prior to final acceptance shall be redone at Contractor’s expense to the satisfaction of the Engineer. Slurry seal deposited on other than asphalt concrete surfaces shall be cleaned to the satisfaction of the Engineer.

PUBLIC CONVENIENCE AND TRAFFIC CONTROL

For work in street areas, at least five working days prior to commencing work, the Contractor shall submit his spreading schedule to the Engineer for approval. Based upon the spreading schedule, the Contractor shall notify residents and businesses of the proposed work by fliers, see section 01570 1.01, and shall post temporary “No Parking” signs at least 72 hours prior to start of work on the street. “No Parking” signs shall post one week prior to start of work on the Parking lots to be slurry sealed. The distance between the “No Parking” signs shall not exceed 50 feet. Requests for changes in the schedule shall be submitted by the Contractor to the Engineer for approval at least 72 hours prior to the scheduled sealing of the streets affected. Work on the Parking lots shall be closely coordinated with the Parks and Recreation Department to avoid conflict with their scheduled events.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project.

When necessary to provide vehicular or pedestrian crossings over the fresh slurry, the Engineer may direct the Contractor to spread sufficient sand or rock dust on the affected area or place a wood walkway to eliminate tracking or damage to the slurry. Sand or rock dust used for this purpose shall be at the Contractor’s expense.

Contiguous streets shall not be slurry sealed on the same day, unless authorized by the Engineer.

Striping Cat -Tracks shall be placed no later than Seven (7) calendar days after the completion of the slurry seal work. Final striping shall be started no later than Forteen (14) calendar days form the completion of slurry seal work. Liquidated Damages will begin to accrue per Section 00 5205 Agreement Article 3 Paragraph 3.01 Liquidated Damages Amounts for work started later than what specified above.

14.04 MEASUREMENT AND PAYMENT

Slurry seal for streets shall be measured in square feet of area sealed.

See document 01025

15.0 UTILITY STRUCTURE MODIFICATIONS

15.01 GENERAL

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Work covered by this section includes:
a) Adjust Manhole/structure Frame & Cover;
b) Adjust Valve /Valve box / Clean Outs Frame & Cover;
c) Adjust Monuments Frame & Cover.
d) Replace Christy Box for Valve/Cleanout
e) Replace Christy Box for Detector Handhole

15.02 MATERIALS

ADJUSTING RINGS

Adjusting rings for sewer manholes, fire hydrant valves, sewer cleanouts, water valve boxes, and survey monuments shall be as manufactured by Phoenix Iron Works, or approved equal, in accordance with Section 75 - 1.02 of the State Specifications.

VALVE/CLEANOUT BOXES

Valve boxes shall be concrete traffic -type boxes with cast iron lid. The cover shall be marked as appropriate per City details. Valve boxes shall be 12 inches long and Christy Model G5 as manufactured by Oldcastle.

15.03 EXECUTION

FRAMES AND COVERS

A ll frames and covers shall be raised to finished elevation after the asphalt paving is completed.

CONTROL

All reset frames and covers shall be within 1/4" of the bottom of a straight edge when placed across manhole, box or other facility on the finished pavement.

Contractor shall be responsible for locating and referencing all such facilities during the paving operation, so that none are “lost”. For monuments, Contractor shall be responsible for preserving the survey point in its undisturbed position.

ADJUST MANHOLE FRAMES AND COVERS

Care shall be taken to minimize damage to frames and covers. Manholes shall be fitted with standard manhole frames and covers, adjusted to finished grade and placed in accordance with Section 17-20 of the City Standard Specifications.

ADJUST OTHER FRAMES AND COVERS

All water valve boxes, electrical boxes, gas valves, cleanouts and survey monuments shall be adjusted to finished grade in accordance with Section 15.2.05 A of the State Specifications. Certain water valve covers may require minor modification by grinding in order to utilize standard adjustment rings; such modification shall be included in payment for “raising other frames and covers.” Adjustment of covers shall begin within 7 calendar days after paving and be completed no later than 14 calendar days after the completion

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of the paving work. Liquidated Damages will begin to accrue per Section 00 5200 Agreement Article 3 Paragraph 3.01 Liquidated Damages Amounts for work started later than what specified above.

VALVE/CLEANOUT BOXES

Within the limits of the pavement section reconstruction, valves and cleanouts to be protected. Valve box and cleanout box to be replaced and set to finished grade.

CLEANING

All covers shall be left free of any asphaltic material and shall be completely cleaned.

All sewer manholes, fire hydrant valves, sewer cleanouts, water valve boxes, and survey monuments within the project limits shall be clean of all debris at the end of the job.

CORRECTIVE WORK

Any frames, grates or covers damaged by the Contractor whil e paving shall be replaced at his expense. Broken boxes shall be replaced by the Contractor and no additional compensation will be allowed.

15.04 MEASUREMENT AND PAYMENT

The adjustment of utility structures including manhole, valve, cleanout, and monument frames and covers shall be included with all other paving bid items. Silent Knight (square) manhole frames and covers shall be considered like standard manhole frames and covers.

All other frames and covers shall be considered as other frames and covers.

See document 01025

17.0 PAVEMENT STRIPING, MARKINGS AND MARKERS

17.01 GENERAL

Work covered by this section includes thermoplastic striping and pavement markings. The Contractor is notified that the existing yellow thermoplastic striping may contain lead. Contractor shall be responsible for the removal and legal disposal of the ground material necessitated by the work. Payment for this work shall be considered included in other items of work and no additional compensation shall be made.

Work shall be in conformance with Sections 84 and 81 of the State Specifications, as modified herein.

17.02 SUBMITTALS

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Contractor shall submit certificates from the materials suppliers stating compliance of the materials with the requirements of this section. Contractor shall inventory the existing striping and submit it to the City Engineer prior to the start of any work.

17.03 MATERIALS

THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS

Thermoplastic traffic stripes (traffic lines) and pavement markings shall conform to the provisions in Sections 84- 1, “General,” and 84- 2, “Thermoplastic Traffic Stripes and Pavement Markings,” of the State Specifications and these special provisions.

The thermoplastic material shall conform to the following requirements as determined by California Test 423:

THERMOPLASTIC SPECIFICATION

Glass Beads, AASHTO M 247
Type 1, percent by weight

30 min.

Titanium Dioxide (TI02), percent
by weight

10 min.

Lead Chromate, medium heat
stabilized, percent by weight

2.5 min.

Binder, percent by weight

18 min.

Specific Gravity

2.15 max.

Daylight Luminous Reflectance

75 min.

45 min.

75 min.

45 min.

Yellowness Index

0.13 max.

Bond Strength to Concrete, psi

180 min.

150 min.

Ring and Ball Softening Point,
°F.

210 to
240210

to 240200

to 240

Impact Resistance, inch-pounds

10 min.

Flowability, percent residue,
unstirred

18 max.

15 max.

Flowability, percent residue,
stirred

21 max.

Low Temperature Stress Cracking
Resistance at 30° F.

No crack

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Indentation 45 to 75 45 to 75 45 to 75 45 to 75

Color Match

--
No. 595a.

Color No.
13538

Fed. Std.

--
No. 595a,
Color No.
13538

Fed. Std.

Bond Strength to Concrete with
Manufacturer’s Primer, psi

120 min.

A maximum of 4 percent, by weight, of the total thermoplastic material mixture may be additives passing the 100- mesh sieve. Pigment, other than titanium dioxide or lead chromate, shall be calcium carbonate.

Yellow thermoplastic material shall closely match Color No. 13538 of Federal Standard No. 595a after being heated for 4 hours at 425°F., and then cooled to 77°F.

Thermoplastic material for traffic stripes shall be applied at a minimum thickness of

0.070-inch.

Glass beads to be applied to the surface of the molten t hermoplastic material shall conform to the requirements of State Specification 8010- 004 (Type II), or AASHTO Designation: M 247 (Type II). Copies of State Specification 8010-22L-22 are available at the State of California Transportation Laboratory, Sacramento, California.

At the option of the Contractor, STAMARK Brand Pavement Tape, Pliant Polymer Grade, manufactured by 3M Company; or Cata -Tile Elastoplastic Roadmarking Tile, manufactured by the Cataphote Division of the Ferro Corporation may be placed instead of the thermoplastic material specified herein. Pavement tape or roadmarking tile, if used, shall be installed in accordance with the manufacturer’s specifications. If pavement tape or roadmarking tile is placed instead of thermoplastic materials, t he pavement tape or roadmarking tile will be measured and paid for as thermoplastic traffic stripe or thermoplastic pavement marking.

Note 4 on Standard Plan A-24D shall not apply.

All new bicycle facility markings and legends shall be preformed thermoplastic by Ennis Flint or approved equal.

PAINTED STRIPING
Paint in accordance with Section 84- 2.02C of the State Specifications, shall be used for pavement striping and markings as indicated on the plans.

DELINEATORS (FIRE HYDRANT)

Two-way reflective blue Stimsonite No. 88, or approved equal.

REFLECTIVE PAVEMENT MARKERS

Type C, D and G reflective pavement markers conforming to Section 81 of the State Specifications.

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EPOXY

Rapid set epoxy adhesive conforming to Section 95-2.04, State Specifications.

17.04 EXECUTION

APPLICATION

Striping application shall be in accordance with Section 84 of the State Specifications.

QUALITY AND CONTROL OF THE WORK

The completed stripes and markings shall have clean and well -defined edges. The maximum deviation from the designated position of the stripe shall not exceed 1/2" in any 100-foot length of stripe, including gaps. Roadway markings shall conform to the shapes and dimensions of the standard markings, as designated on the plans or in the State Traffic Manual.

Surfaces which are to receive traffic stripes, pavement markings or markers shall be thoroughly clean, free from loose materials and dry, and such areas shall be thus prepared by the Contractor.

Advance spotting of angle points, end points and other control points shall be performed by the Contractor and be approved by the Engineer.

Any damage to the newly placed stripe, marking or marker due to the failure of the Contractor to protect his works shall be repaired by him at no additional cost.

TIMING OF THE WORK

(a) Temporary “Cat-Tracks” shall be placed for all striping (including limit lines and crosswalks) no later than Seven (7) calendar days after the completion of the slurry seal or overlay work. Liquidated Damages will begin to accrue per Section 00 5200 Agreement Article 3 Paragraph 3.01 Liquidated Damages Amounts for work started later than what specified above. After the “cat -tracks” are installed, the City Engineer shall be notified, and given at least 24 hours to inspect the “cat- tracks” prior to the installation of permanent striping and markings.

(b) Permanent striping shall be started no later than Forteen (14) calendar days form the completion of slurry seal work or overlay work. Liquidated Damages will begin to accrue per Section 00 5200 Agreement Article 3 Paragraph 3.01 Liquidated Damages Amounts for work started later than what specified above.

(c) Each major street listed below shall receive permanent centerline, lane lines, stop limit lines, and crosswalks no sooner than 48 hours or no later than 72 hours following resurfacing of the street.

• Beach Park Blvd.
• Edgewater Blvd.
• E. Hillsdale Blvd.

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• E. Third Ave.
• Foster City Blvd.
• Shell Blvd.

(d) Additional temporary striping shall be performed by the contractor prior to cat - tracking as directed by the City.

STRIPING AND PAVEMENT MARKING

All work necessary to establish satisfactory lines for markings shall be performed by the Contractor. Unless otherwise directed by the City, all striping shall be replaced as originally found in the field.

17.05 MEASUREMENT AND PAYMENT

See document 01025

18.0 PORTLAND CEMENT CONCRETE PAVING

18.01 GENERAL

SCOPE OF WORK

A. Furnish materials and perform labor required to execute this work as indicated on the drawings, as specified and as necessary to complete the Contract, including, but not limited to these major items:

1. Sidewalks (including aggregate base, lamp black, dowels).

2. Handicap ramps per the latest Caltrans Standard Detail (including aggregate base, lamp black and 2ft asphalt conform).

3. Curb and gutter (including aggregate base and 2ft asphalt confirm)

4. Concrete Median

B. The Contractor is advised that there might be some existing posts, signs, and/or utility boxes that are in conflict with the locations of the sidewalk, handicap ramp, or the curb and gutter. The relocation of any item in conflict with the location of the new sidewalk, ramps, and curb and gutter is included in the scope and hence no additional compensation will be allowed therefor. The contractor is responsible to visit the site when preparing the bid to account for these items.

REFERENCE STANDARDS

A. General: Conform to the latest editions, unless indicated, of the following reference standards to the extent specified.

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1. Public works construction specifications (indicated hereinafter as PWC Spec.): Standard Specifications for Public Works Construction, 1991 Edition, including all amendments thereto except where noted otherwise in this Section.

2. State of California Department of Transportation Standard Specifications dated July 1992 (indicated hereinafter as CALTRANS Spec.).

3. Ordinances, codes and regulations: The entire system shall be installed in accordance with all of the requirements of all legally constituted authorities having jurisdiction, including all local ordinances, codes and the safety orders of the State Division of Industrial Safety.

QUALITY ASSURANCE

A. General: Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of the work in this Section.

B. Contractor's qualifications: A firm with at least two years of successful installation experience on projects with concrete paving work similar to that required for the project.

C. Concrete Standards: Comply with provisions of the following standards, except where more stringent requirements are indicated.

1. American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for Buildings."

2. ACI 318, "Building Code Requirements for Reinforced Concrete."

3. Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice."

D. Concrete Manufacturer Qualifications: Manufacturer of ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment.

E. Concrete Testing Service: Engage a qualified independent testing agency to perform materials evaluation tests and to design concrete mixes.

SUBMITTALS

A. Comply with the pertinent provisions of Section 01340.

B. Product data for proprietary materials and items, including reinforcement and forming accessories, admixtures, joint systems, curing compounds, dry -shake finish materials, and others if requested by Engineer.

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C. Design mixes for each class of concrete. Include revised mix proportions when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments.

D. Laboratory test reports for evaluation of concrete materials and mix design tests.

E. Material certificates in lieu of material laboratory test reports when permitted by Engineer. Material certificates shall be signed b y manufacturer and Contractor certifying that each material item complies with or exceeds requirements. Provide certification from admixture manufacturers that chloride content complies with requirements.

F. Prior to placing concrete, Contractor shall submit to Engineer plans indicating the location of all construction joints, expansion joints, and any items imbedded in finished concrete surfaces. No concrete shall be placed prior to Engineer s approval of shop drawings.

PROJECT CONDITIONS

A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities.

18.02 PRODUCTS

FORMS

A. Form Materials: Plywood, metal, metal -framed plywood, or other acceptable panel-type materials to provide full -depth, continuous, straight, smooth exposed surfaces.

1. Use flexible or curved forms for curves of a 100-foot or less radius.

B. Form Release Agent: Provide commercial formulation form -release agent with a maximum of 350 mg/l volatile organic compounds (VOCs) that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces.

C. Expansion joints: material shall have a minimum thickness of 1/2 inch, a maximum thickness of 3/4 inch, a depth equal to the thickness of the pavement, and shall be made of premolded strips of durable resilient composition.

D. Construction joints: tie bars to be used at construction joints shall be grade 40 billet steel conforming to ASTM A 615.

REINFORCING MATERIALS

A. Reinforcing Bars and Tie Bars: ASTM A 615, Grade 60, deformed.

B. Welded Steel Wire Fabric: ASTM A 185.

1. Furnish in flat sheets, not rolls, unless otherwise acceptable to Engineer.

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C. Fabricated Bar Mats: Welded or clip-assembled steel bar mats, ASTM A 184. Use ASTM A 615, Grade 60 steel bars, unless otherwise indicated.

D. Supports for Reinforcement: Chairs, spacers, dowel bar supports and other devices for spacing, supporting, and fastening reinforcing bars, welded wire fabric, and dowels in place. Use wire bar -type supports complying with CRSI specifications.

1. Use supports with sand plates or horizontal runners where base material will not support chair legs.

CONCRETE MATERIALS

A. Portland Cement: ASTM C 150, Type I.

1. Use one brand of cement throughout Project unless otherwise acceptable to Engineer.

B. Fly Ash: ASTM C 618, Type F.

C. Normal-Weight Aggregates: ASTM C 33, Class 4, and as follows. Provide aggregates from a single source.

1. Maximum Aggregate Size: 1-1/2 inches.

2. Do not use fine or coarse aggregates that contain substances that cause spalling.

3. Local aggregates not complying with ASTM C 33 that have been shown to produce concrete of adequate strength and du rability by special tests or actual service may be used when acceptable to Engineer.

D. Water: Potable.

ADMIXTURES

A. Provide concrete admixtures that contain not more than 0.1 percent chloride ions.

B. Air-Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures.

C. Water-Reducing Admixture: ASTM C 494, Type A.

D. High-Range Water-Reducing Admixture: ASTM C 494, Type F or Type G.

E. Water-Reducing and Accelerating Admixture: ASTM C 494, Type E.

F. Water-Reducing and Retarding Admixture: ASTM C 494, Type D.

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G. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the following:

1. Air-Entraining Admixture:

a. Air-Tite or Amex 210; Cormix Construction Chemicals. b Air-Mix or Perma-Air; Euclid Chemical Co.
c. Darex AEA or Daravair; W.R. Grace & Co.
d. MB-VR or Micro-Air; Master Builders, Inc.
e. Sealtight AEA; W.R. Meadows, Inc.
f. Sika AER; Sika Corp.

2. Water-Reducing Admixture:

a. Chemtard; ChemMasters Corp.
b. Type A Series; Cormix Construction Chemicals.
c. Eucon WR-75; Euclid Chemical Co.
d. WRDA; W.R. Grace & Co.
e. Pozzolith Normal or Polyheed; Master Builders, Inc.
f. Metco W.R.; Metalcrete Industries.
g. Plastocrete 161; Sika Corp.

3. High-Range Water-Reducing Admixture:

a. Super P; Anti-Hydro Co., Inc.
b. Cormix 2000, PSI Super, or Melmet; Cormix Construction Chemicals.
c. Eucon 37; Euclid Chemical Co.
d. WRDA 19 or Daracem; W.R. Grace & Co.
e. Rheobuild or Polyheed; Master Builders, Inc.
f. Superslump; Metalcrete Industries.
g. Sikament 300; Sika Corp.

4. Water-Reducing and Accelerating Admixture:

a. Q-Set; Conspec Marketing & Manufacturing Co.
b. Gilco Accelerator or Lub NCA; Cormix Construction Chemicals. c. Accelguard 80; Euclid Chemical Co.
d. Daraset; W.R. Grace & Co.
e. Pozzutec 20; Master Builders, Inc.
f. Accel-Set; Metalcrete Industries.

5. Water-Reducing and Retarding Admixture:

a. Type D Series; Cormix Construction Chemicals.
b. Eucon Retarder 75; Euclid Chemical Co.
c. Daratard-17; W.R. Grace & Co.
d. Pozzolith R; Master Builders, Inc.
e. Plastiment; Sika Corporation.

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CURING MATERIALS

A. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2.

B. Moisture-Retaining Cover: One of the following, complying with ASTM C 171.

1. Waterproof paper.

2. Polyethylene film.

3. White burlap-polyethylene sheet.

C. Evaporation Control: Monomolecular film-forming compound applied to exposed concrete slab surfaces for temporary protection from rapid moisture loss.

1. Evaporation Control:

a. Aquafilm; Conspec Marketing and Mfg. Co.
b. Eucobar; Euclid Chemical Co.
c. E-Con; L&M Construction Chemicals, Inc.
d. Confilm; Master Builders, Inc.
e. Waterhold; Metalcrete Industries.

CONCRETE MIX

A. Prepare design mixes for each type and strength of normal -weight concrete by either laboratory trial batch or field experience methods as specified in ACI 301.

For the trial batch method, use a qualified independent testing agency for preparing and reporting proposed mix designs.

1. Do not use the City’s quality -control testing agency as the independent testing agency.

2. Limit use of fly ash to 25 percent of cement content by weight.

B. Proportion mixes according to ACI 211.1 and ACI 301 to provide normal -weight concrete with the following properties:

1. Compressive Strength (28-Day): 3000 psi.

2. Maximum Water-Cement Ratio at Point of Placement: 0.45.

3. Slump Limit at Point of Placement: 3 inches.

a. Slump limit for concrete containing high- range water -reducing admixture (superplasticizer): Not more than 8 inches after adding admixture to site-verified 2-to-3-inch slump concrete.

C. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content as follows with a tolerance of plus or minus 1-1/2 percent:

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1. Air Content: 2.5 to 4.5 percent.

D. Fiber Reinforcement: Add to mix at rate of 1.5 lb per cu. yd., unless manufacturer recommends otherwise.

E. Adjustment to Concrete Mixes: Mix design adjustments may be requested by Contractor when characteristics of materials, project conditions, weather, test results, or other circumstances warrant.

CONCRETE MIXING

A Ready-Mixed Concrete: Comply with requirements and with ASTM C 94.

1. When air temperature is between 85 deg F (30 deg C) and 90 deg F (32 deg C), reduce mixing and delivery time from 1- 1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes.

18.03 EXECUTION

SURFACE PREPARATION

A. Proof-roll prepared base surface to check for unstable areas and verify need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive paving.

B. Remove loose material from compacted base surface immediately before placing concrete.

EDGE FORMS AND SCREED CONSTRUCTION

A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for paving to required lines, grades, and elevations. Install forms to allow continuous progress of work and so that forms can remain in pl ace at least 24 hours after concrete placement.

B. Check completed formwork and screeds for grade and alignment to following tolerances:

1. Top of Forms: Not more than 1/8 inch in 10 feet.

2. Vertical Face on Longitudinal Axis: Not more than 1/4 inch in 10 feet.

C. Clean forms after each use and coat with form release agent as required to ensure separation from concrete without damage.

3.03 PLACING REINFORCEMENT

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A. General: Comply with Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars" for placing and supporting reinforcement.

B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducing materials.

C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement.

E. Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction.

F. Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and free of distortions. Straighten bends, kinks, and ot her irregularities or replace units as required before placement. Set mats for a minimum 2- inch overlap to adjacent mats.

JOINTS

A. General: Construct contraction, construction, and isolation joints true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to the centerline, unless indicated otherwise.

1. When joining existing paving, place transverse joints to align with previously placed joints, unless indicated otherwise.

B. Contraction Joints: Provide weakened- plane contraction joints, sectioning concrete into areas per local standards. Construct contraction joints for a depth equal to at least 1/4 of the concrete thickness, as follows:

1. Contraction Joints: Locate contraction joints at a minimum of 6 feet on centers, unless indicated otherwise.

2. Inserts: Form contraction joints by inserting premolded plastic, hardboard, or fiberboard strips into fresh concrete until top surface of strip is flush with paving surface. Radius each joint edge with a jointer tool. Carefully remove strips or caps of two- piece assemblies after concrete has hardened. Clean groove of loose debris.

C. Construction Joints: Set construction joints at side and end terminations of paving and at locations where paving operations are stopped for more than 1/2 hour, unless paving terminates at isolation joints.

1. Provide preformed galvanized steel or plastic keyway -section forms or bulkhead forms with keys, unless indicated otherwise. Embed keys at least 1-1/2 inches into concrete.

2. Continue reinforcement across construction joints unless indicated otherwise. Do not continue reinforcement through sides of strip paving unless indicated.

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3. Provide tie bars at sides of paving strips where indicated.

4. Use bonding agent on existing concrete surfaces that will be joined with fresh concrete.

D. Isolation Joints: Form isolation joints of preformed joi nt filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, walks, other fixed objects, and where indicated.

1. Locate expansion joints at intervals of 20 feet, unless indicated otherwise.

2. Extend joint fillers full width and depth of joint, not less than 1/2 inch or more than 1 inch below finished surface where joint sealant is indicated.

Place top of joint filler flush with finished concrete surface when no joint sealant is required.

3. Furnish joint fillers in one-piece lengths for full width being placed wherever possible. Where more than one length is required, lace or clip joint filler sections together.

4. Protect top edge of joint filler during concrete placement with a metal, plastic, or other temporary pref ormed cap. Remove protective cap after concrete has been placed on both sides of joint.

CONCRETE PLACEMENT

A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcing steel, and items to be embedded or cast in. Notify other trades to permit installation of their work.

B. Remove snow, ice, or frost from base surface and reinforcing before placing concrete. Do not place concrete on surfaces that are frozen.

C. Moisten base to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are at the required finish elevation and alignment.

D. Comply with requirements and with ACI 304R for measuring, mixing, transporting, and placing concrete.

E. Deposit and spread concrete in a continuous operation between transverse joints.

Do not push or drag concrete into place or use vibrators to move concrete into place.

1. When concrete placing is interrupted for more than 1/2 hour, place a construction joint.

F. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces.

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G. Consolidate concrete by mechanical vibrating equipment supplemented by hand-spading, rodding, or tamping. Use equipment and procedures to consolidate concrete complying with ACI 309R.

1. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Us e only square- faced shovels for hand-spreading and consolidation. Consolidate with care to prevent dislocating reinforcing, dowels, and joint devices.

H. Screed paved surfaces with a straightedge and strike off. Use bull floats or darbies to form a smooth surface plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces prior to beginning finishing operations.

I. Curbs and Gutters: When automatic machine placement is used for curb and gutter placement, submit revised mix design and laboratory test results that meet or exceed requirements. Produce curbs and gutters to required cross section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete.

J. Slip-Form Pavers: When automatic machine placement is used for paving, submit revised mix design and laboratory test results that meet or exceed requirements.

Produce paving to required thickness, lines, grades, finish, and jointing as required for formed paving.

1. Compact base and prepare subgrade of sufficient width to prevent displacement of paver machine during operations.

K. Cold-Weather Placement: Comply with provisions of ACI 306R and as follows.

Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures.

1. When air temperature has fallen to or is expected to fall below 40 deg F (4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement.

2. Do not use frozen materials or materials containing ice or snow.

3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise accepted in mix designs.

L. Hot-Weather Placement: Place concrete complying with ACI 305R and as specified when hot weather conditions exist.

1. Cool ingredients before mixing to maintain concrete temperature at time of placement to below 90 deg F (32 deg C). Mixing water may be chilled or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option.

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2. Cover reinforcing steel with water-soaked burlap if it becomes too hot, so that steel temperature will not exceed the ambient air temperature immediately before embedding in concrete.

3. Fog spray forms, reinforcing steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas.

CONCRETE FINISHING

A. Float Finish: Begin floating when bleed water sheen has disappeared and the concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven floats, or by hand- floating if area is small or inaccessible to power units. Finish surfaces to true planes within a tolerance of 1/4 i nch 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. Refloat surface immediately to a uniform granular texture.

1. Medium-to-Fine-Textured Broom Finish: Draw a soft bristle broom across concrete surface perpendicular to line of traffic to provide a uniform fine line texture finish.

B. Final Tooling: Tool edges of paving, gutters, curbs, and joints formed in fresh concrete with a jointing tool to the followi ng radius. Repeat tooling of edges and joints after applying surface finishes. Eliminate tool marks on concrete surfaces.

1. Radius: 1/2 inch.

CONCRETE PROTECTION AND CURING

A. General: Protect freshly placed concrete from premature drying and exces sive cold or hot temperatures. Comply with the recommendations of ACI 306R for cold weather protection and ACI 305R for hot weather protection during curing.

B. Evaporation Control: In hot, dry, and windy weather, protect concrete from rapid moisture loss before and during finishing operations with an evaporation- control material. Apply according to manufacturer's instructions after screeding and bull floating, but before floating.

C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface.

D. Curing Methods: Cure concrete by moisture curing, moisture -retaining-cover curing, or a combination of these as follows:

1. Moisture Curing: Keep surfaces continuously moist for not less than 7 days with the following materials:

a. Water.
b. Continuous water-fog spray.

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c. Absorptive cover, water saturated, and kept continuously wet.

Cover concrete surfaces and edges with a 12-inch lap over adjacent absorptive covers.

2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape.

3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's directions. Recoat areas subjected to heavy rainfall within 3 hours after initial application. Maintain continuity of coating and repair damage during curing period.

FIELD QUALITY CONTROL TESTING

A. The Owner will employ a qualified testing and inspection agency to sample materials, perform tests, and submit test reports during concrete placement.

Sampling and testing for quality control may include the following:

1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94.

a. Slump: ASTM C 143; one test at point of placement for each compressive-strength test but no less than one test for each day's pour of each type of concrete. Additional tests will be required when concrete consistency changes.

b. Air Content: ASTM C 231, pressure method; one test for each compressive-strength test but no less than one test for each day's pour of each type of air-entrained concrete.

c. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F (4 deg C) and below and when 80 deg F (27 deg C) and above, and one test for each set of
compressive-strength specimens.

1) Compression Test Specimens: ASTM C 31; one set of four standard cylinders for each compressive- strength test, unless directed otherwise. Mold and store cylinders for laboratory-cured test specimens except when field- cured test specimens are required.

2) Compressive-Strength Tests: ASTM C 39; one set for each day's pour of each concrete class exceeding 5 cu. yd. but less than 25 cu. yd., plus one set for each additional 50 cu. yd. Test one specimen at 7 days, test two specimens at 28 days, and retain one specimen in reserve for later testing if required.

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2. When frequency of testing will provide fewer than five strength tests for a given class of concrete, conduct testing from at least five randomly selected batches or from each batch if fewer than five are used.

3. When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the in-place concrete.

4. Strength level of concrete will be considered satisfactory if averages of sets of three consecutive strength test results equal or exceed specified compressive strength and no individual strength test result falls below specified compressive strength by more than 500 psi.

B. Test results will be reported in writing to Engineer, concrete manufacturer, and Contractor within 24 hours of testing. Reports of compressive strength tests shall contain the Project identification name and number, date of concrete placement, name of concrete testing agency, concrete type and class, location of concrete batch in paving, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7- day and 28-day tests.

C. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted but shall not be used as the sole basis for acceptance or rejection.

D. Additional Tests: The testing agency will make additional tests of the concrete when test results indicate slump, air entrainment, concrete strengths, or other requirements have not been met, as directed by Engineer. Testing agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed.

REPAIRS AND PROTECTION

A. Remove and replace concrete paving that is broken, damaged, or defective, or has uneven surfaces such that water ponds in excess of 1/8 inch deep, or does not meet the requirements of this Section.

B. Drill test cores where directed by Engineer when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement concrete bonded to paving with epoxy adhesive.

C. Protect concrete from damage. Exclude traffic from paving for at least 14 days after placement. When construction traffic is permitted, maintain paving as clean as possible by removing surface stains and spillage of materials as they occur.

D. Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep concrete paving not more than 2 days prior to date scheduled for Substantial Completion inspections.

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E. Attention is directed to the fact that the Plans and Specifications generally make no attempt to show or represent existence of trees, shrubs, lawns, irrigation system, fences, landscaping, utility boxes, and other improvements along the route of the work. Trees, shrubs, lawns, irrigation system, landscaping, fences, and other improvements damaged by the operations of the Contractor or his/her subcontractors shall be the Contractor's responsibility and they shall replace or repair it at their expense and s hall be solely liable therefore. All required reconstruction shall match existing or otherwise shall be according to City Standards, as directed by the Engineer.

18.04 MEASUREMENT AND PAYMENT

See document 01025

19.0 TRAFFIC SIGNS

19.01 GENERAL

Traffic signs shall conform to Section 82 “Signs and Markers” of the Standard Specifications, the California MUTCD, and these Specifications.

The Contractor shall submit cut sheets of all signs to be installed.

Traffic signs shall be installed in conf ormance with the applicable requirements of the State of California Department of Transportation Maintenance Manual and the details shown on the Plans.

19.02 MATERIALS

Traffic sign panels shall be of the type, shape, pattern designated and be of standard size unless noted on the detail drawings. Sign faces shall be of reflectorized porcelain enamel unless otherwise specific on the plans. Posts for traffic signs, unless designated to be mounted on traffic signal or electrolier standards, shall be a 2 3/8” diameter galvanized steel post.

Mounting hardware for the traffic signs shall conform to the applicable requirements and specifications contained in the Caltrans Standard Plans.

Concrete bases for the traffic sign posts shall be Class “B” Portland cement concrete of the shape and dimensions shown or called for on the Caltrans Standard Plans.

New signs shall have a sticker placed on the back side of the sign with the month and date of install. Sticker shall be approved by the City prior to installation.

19.03 EXECUTION

If a sign to be salvaged is damaged by the Contractor, Contractor shall replace the damaged sign with a new sign.

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When located in landscape areas, the concrete foundation shall be placed a minimum of 3” below finished grade. The top of foundation shall be placed 3” below existing grade and covered with like material that matches the existing adjacent.

After erection, damage to traffic sign faces shall be touched up or replaced.

Existing pavement, pavement markings, or other improvements removed or damaged due to the installation of traffic signs shall be replaced in kind at no additional cost to the Contract.

Existing traffic signs and traffic poles to be removed shall be removed and legally disposed of outside the City limits. Where pole and foundation to be removed and no new pole to be placed, Contractor to restore with material similar to adjacent areas.

Existing traffic signs shall be cleaned with water or isopropyl alcohol that are along the streets being resurfaced/repaved.

For new signs, place the install date sticker at the lowest right point on the back side of the sign.

19.04 MEASUREMENT AND PAYMENT

See document 01025

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THIS PAGE LEFT INTENTIONALLY BLANK

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125

CITY OF FOSTER CITY
ADDENDUM NO. ONE (1 ) TO THE PROJECT DOCUMENTS
STREET REHABILITATION PROJECT FY 21/22 (CIP310-703) AND PARK PATHWAY RESTORATION PROJECT FY21 /22 (CIP301-702)
BID SUBMITTAL DUE DATE: WEDNESDAY, March 15, 2023 (I I :OO AM) Notice is hereby given that the following revisions, additions, and/or deletions are hereby made a part of and incorporated into the project documents for the Street Rehabilitation Project FY 21/22 (CIP301-703) and Park Pathway Restoration Project FY21 /22 (CIP 301-702).

Bidders shall acknowledge the receipt of this Addendum on the Bid Form (004115).

Failure to do so may render Bidder's Bid non-responsive.

The following changes, additions or deletions shall be made to the following documents as indicated and shall be made a part thereof as if originally specified and/or shown. All other terms, conditions, drawings and specifications remain unchanged, Construction Services Proiect Manual:

I Instruction to Bidders 002"l15-1.01 Required Pre-bid Conference and Site Visit REPLACE Section I.OI with
"1.01 Non-Mandatory Pre-Bid Conference
A. Owner will conduct a Non- Mandatory Pre-Bid Conference at the date, time and location indlcated in Document 00 I 115 (Notice Invliing Bids), to consider such matters as Bldders may request.

B. Owner may issue Minutes of the Pre-Bid Conference, which shall constitute the sole and exclusive record and statement of the results of the Pre-Bid Conference. The Minutes issued by Owner are not a Contract Document."
2 NoticelnvitingBidsOOlalal5
ADD Section 1.08 City Contact
A. Justin Lai, [email protected] (650) 286-3270
Q:\PubWorks\CIP'sS70l - Street Reliabilitation (FY 21-22)S7.0 - BidS7.4 - Addendums (PW-0 19)SAddendum No. l.docx

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126

Approved By: Lid,
Ramon Towne, P.E.

Interim Director of Public Works/City Engineer
Date
Q:\PubWorks\CIP's\703 - StreetRohabilitn(ton (FY 21-22)\7.0 - Bid\7.4 - Addendums (PW-019)\Addendul'ii No. l.docx

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CITY OF FOSTER CITY
ADDENDUM NO. TWO (2) TO THE PROJECT DOCUMENTS
STREET REHABILIT ATION PROJECT FY 21 /22 (CIP310-703) AND PARK PATHWAY RESTORATION PROJECT FY21 /22 (C1P301-702)
BID SUBMITTAL DUE DATE: WEDNESDAY, March 15, 2023 (11 :OO AM) Notice is hereby given that the following revisions, additions, and/or deletions are hereby made a part of and incorporated into the project documents for the Street Rehabilitation Project FY 21/22 (CIP301-703) and Park Pathway Restoration Project FY21 /22 (CIP 301-702).

Bidders shall acknowledge the receipt or this Addendum on the Bid Form (004115).

Failure to do so may render Bidder's Bid non-responsive.

Construction Services Project Manual:
'l Document 00413 5
REPLACE Document 004115 BID FORM with the attached Document 004115 BID FORM
Plans for Street Rehabilitation Proiect FY 21/22 (CIP301-703) and Park Pathway Restoration Project FY21/22 (CIP 301-702):
2 C1P703 - Plans Bid Set
REPLACE Sheet PV-6 with the attached Sheet PV-6
Approved By:

Ramon Towne, P.E.

Interim Director of Public Works/City Engineer
0,5},v 7i=-,y' Date
Q:SPubWorksSCIP'sS703 - Street Reliabilitation (FY 21-22)S7.0 - BidS7.4 - Addendums (PW-019)SAddendum No.

2.docx

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DOCUMENT 00 4115

BID FORM

TO THE CITY OF FOSTER CITY
THIS BID IS SUBMITTED BY:

VSS International, Inc.
(Firm/Company Name)
Re: STREET REHABILITATION PROJECT FY21/22 PROJECT NO. C1P301-703 AND PARK PATHWAY RESTORATION PROJECT FY21/22 NO. C1P301-702 at VARIOUS STREETS, Contract Number CIP301- 703/702
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY OF FOSTER CITY in the form included in the Contract Documents, Document 00 5205 (Construction Services Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

Bidder accepts all of the terms and conditions of the Contract Documents, Document 00 4115 (Notice Inviting Bids), and Document 00 2115 (Instructions to Bidders) including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 60 Days after the day of Bid opening, unless there is a bid protest, then 90 days after the day of bid opening.

In submitting this Bid, Bidder represents that Bidder has examined all of the Contract Documents, performed all necessary Pre-Bid investigations, received the Pre-Bid Meeting minutes (if any), and received the following Addenda:

Addendum Number ADDENDUM DATE Signature of Bidder
/
1 na) /A1 /'t"l')Q
I lja/l) I / IUI)
Jeff Rob_e_r_ts, SS. Vice'President
?-fl 'aJ
2 03/10/2023 Jeff Roberts, S(r'vicefresioent
Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid Prices:

Bid Form
CIP703/702
00 4115 - 1
Updated 1/18/2022

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129

SCHEDULE OF BID PRICES
All Bid items, including lump sums, unit prices and alternates (if any), must be filled in completely. Bid items are described in Contract Documents. Quote in figures only, unless words are specifically requested.

EiASE BI[I
Item Description Unit Quantity Unit Price Total Amount 1 Mobilization (5% max) LS 1 $15,848.420 S15,848.42
2 Traffic Control LS 1 $112,367.120 S112,367.12
3 Storm Water Pollution Prevention LS 1 $5,620.000 S5,620.00 4 Remove Existing Striping and Markings LS 1 $31 ,250.880 !>31,250.88 5 2.5" Grind and Overlay SF 34,830 $4.860 S1 69,273.80 6 Slurry Seal - Class II Black Aggregate SF 750,420 $0.330 ' 5247,638.60 7 Crack Seal - 1/4" or larger LF 35,564 $1 .240 S44,099.36 8 AC Base Repair (4") SF 19,376 $10.260 S198,797.76
9 Replace Loop Detectors EA 5 $L112.400 S5,562.00
10 Install ADA Ramp New or Existing EA 23 $8,618.400 S198,223.20 1l Paint Green Curb LF 40 $4.320 S1 72.80
12 Paint White Curb LF 180 $4.320 S777.60
13 Paint Red Curb LF 2,852 $3.780 S1 0,780.56
14 Install Blue Raised Hydrant Reflector EA 55 $4.320 S237.60 15 Install 12" Wide Thermoplastic Stop Bar LF 381 $3.780 S1,440.18 16 Install Thermoplastic "STOP" legend EA 23 $54.000 51,242.00 17 Install 1 2" Wide Thermoplastic
Crosswalk LF 3,302 $3.780 51 2,481 .56
18 Install Detail 2 - Thermoplastic Yellow
Dash LF 2,170 $0.540 51,171 .80
19 Install Detail 22 - Thermoplastic Double
Yellow LF 1,170 $1 .080 S1,263.60
20 Install Detail 38A - Thermoplastic White
(Channelizer) LF 150 $1 .080 S162.00
21 Install Detail 39 - Thermoplastic White
Bike Lane LF 5,750 $1 .080 S6,210.00
22 Install Thermoplastic Type IV Arrow EA 3 $43.200 5129.60 23 Install Thermoplastic Type Vll Arrow EA 3 $108.000 5324.00 24 Install Thermoplastic "SLOW SCHOOL
XING" Legend Set EA 13 $324.000 S4,212.00
25 Install Thermoplastic Speed Stencil EA 4 $54.000 S216.00 26 Install R1-1 Stop Sign EA 15 $432.000 56,480.00
27 Install SW24-1 (CA) School Sign EA 1l $486.000 S5,346.00 28 Install SW24-2 (CA) School Arrow Sign EA 2 $486.000 S972.00 29 Install R26F (CA) Fire Lane Sign EA 1 $378.000 S378,00 30 Install R1-6 Pedestrian Crossing , EA 1 $648.000 5648.00 31 Install R2-1 Speed Limit Sign EA 8 , $432.000 . S3,456.00 3id Form
C1P703/702
00 4115 - 2
Updated 1/al8/2022

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130

32 Install SR4-1 (CA) School Speed Limit
Sign EA 2 $432.000 5864.00
33 Install R4-7 Arrow Around Median Sign EA 1 $432.000 S432.00 34 Install R4-7A Keep Right Sign EA 1 $432.000 6432.00 35 Install OM1-1 0bject Marker Relective
Sign EA I $81 .000 S81 .00
36 Install W14-1 Dead End Sign EA 1 $432.000 !>432.00 37 Install W12-1 Split Arrows Sign EA 1 $432.000 !>432.00 38 Install CW-5 Neighborhood Watch Sign EA 5 $432.000 S2,160.00 39 Park Pathway AC Base Repair (6") -
Root Damage SF 500 $32.400 !>16,200.00
40 Park Pathway 3" AC Replacement SF 57,500 $5.240 S301,300.00 41 Clean Existing Signage LS 1 $9,180.000 59180.00
Total Total Base
Bid
$1 ,418,295.44
Total Bid Price:
one million four hundred eighteen thousand two hundred ninety five dollars forty four cents (Indicate Bid Price in Words)

BID ALTERNATE I
Item Description Unit Quantity Unit Price Total Amount 42 Mobilization (5% max) LS 1
$2.660.000 62,660.00
43 Traffic Control LS I
$1 4,000.000 614,000.00
44 Storm Water Pollution Prevention LS 1
$1 ,310.000 51,310.00
45 Remove Existing Striping and Markings LS I
$6,480.000 S6,480.00
46 Slurry Seal - Class II Black Aggregate SF 103,750 $0.430 644,612.50
47 Crack Seal - 1/4" or larger LF 2,075
$1 .240 62.573.00
48 AC Base Repair (4") SF 928
$25.920 524,053.76
49 Paint Red Curb LF
2,860
$3.780 610.810.80
50 Install Blue Raised Hydrant Reflector EA 4
$16.200 564.80
51 Install Thermoplastic "STOP" legend EA 6
$i40.400 5842.40
52 Install 1 2" Wide Thermoplastic
Crosswalk LF 460
$7.560 S3,477.60
53 Install Detail 9 - Thermoplastic White
Dash LF 420
$1 .080 5453.60
54 Install Detail 38A - Thermoplastic White
(Channelizer) LF 700 $3.240 !>2,268.00
55 Install Detail 39 - Thermoplastic White
Bike Lane LF 650 $1 .890 51,228.50
56 Install Detail 39A - Thermoplastic White
Dash Bike Lane LF 900 $1 .080 S972.00
Bid Form
C1P703/702
004115-3
Updated 1/18/2022

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57 Install 2' wide Bike Lane Buffer LF 1 ,780 $5.400 S9,612.00 58 Install Bike Lane Stencil including
thermoplastic green EA 12 $2,538.000 530,456.00
59 Install Bike Lane Thermoplastic -
Federal Green (4' to 8' width) LF 380
$64.800 !>24,624.00
60 Install Thermoplastic Type IV Arrow EA 13
$97.200 51,263.60
61 Install R1-"I Stop Sign EA 6 $432.000 52,592.00
62 Install R1-3P All-Way Sign EA 6 $81 .000 S486.00
63 Install W13-1 Speed Sign EA 1 $432.000 S432.00
64 Install R4-7 Arrow Around Median Sign EA 1 $432.000 5432.00 TOT AL BID ALTERNATE I AMOUNT $1 85,704.56
TOTAL BASE BID + BID ALTERNATE I AMOUNT $1 ,604,000.00 Total Bid Alternate 1 Price:
one hundred eighty five thousand seven hundred four dollars fifty six cents (Indicate Alternative 1 Price in Words)
Total Base Bid + Bid Alternate 1 Price:
one million six hundred four thousand dollars and zero cents (Indicate Price in Words)
The undersigned acknowledges that the Apparent Low Bidder will be determined as provided in Documents 00 1415 (Notice to Bidders) and Document 00 2115 (Instruction to Bidders).

Subcontractors for work are listed on Document 00 4330 (Subcontractors List), submitted herewith.

The undersigned Bidder understands that Owner reserves the right to reject this Bid.

If written notice of the acceptance of this Bid, hereinaffer referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document 00 4115 or at any other time thereaffer before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00 2115 (Instructions to Bidders) within the times specified therein.

Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below.

10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 002115 (Instructions to Bidders), in the amount of ten percent (10%) of the Total Bid Price and made payable to the CITY OF FOSTER CITY.

11. The undersigned Bidder agrees to commence Work on the date established in, and to complete all Work within the time specified in, Document 00 5205 (Construction Services Agreement).

12. The undersigned Bidder agrees that, liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00 5205 (Construction Services Agreement) shall be as set forth in Document 00 5205.

Bid Fomi
CIP703/702
00 4115 - 4
Updated 1/18/2022

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13. The names of all persons interested in the foregoing Bid as principals are:

IMPORT ANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof. If a partnership, give name of the firm and names of all individual co-partners composing the firm. If Bidder or other interested person is an individual, give first and last names in full.

NAME OF BIDDER: VSS International, Inc.
licensed in accordance with an act for the registration of Contractors, and with license number: 293727 Expiration: 03/.31/2025
California
(Place of Incorporation, if Applicable)
Jeffrey Reed, President
(Principal)
Jeff Roberts, Sr. Vice President
(Principal)
ordnn Reerl Secretary/Trensi irer
(Principal)
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signa[re of Bidder)
Jeff RobertsXSr. Vice President
NOTE: If Bidder is a corporation, set forth the legal name of the corporation togetber with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

Business Address: 3785 Channel Dr., West Sacramento, CA 95691 Contractor's Representative(s): Jeffrey Reed, President (Name/Title)
Jeff Roberts, Sr. Vice President
(Name/Title)
Jordan Reed, Secretary/ Treasurer
(Name/Title)
Officers Authorized to Sign Contracts Jeff Roberts, Sr. Vice President (Name/Title)
Bid Form
CIP703/702
00 4115 - 5
Updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

133

Telephone Number(s):

Fax Number(s):

Date of Bid:

Bid Form
CIP703/702
Jordan Reed, Secretary/ Treasurer
(Name/Title)
Jeffrey Reed, President
(Name/Title)
916) 373-1500
(Area Code)
(Area Code)
(916) 373-0183
(Area Code)
(Area Code)
March l 5, 2023
(Number)
(Number)
(Number)
(Number)

END OF DOCUMENT
00 4115 - 6
Updated at/'18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

134

DOCUMENT 00 4315

BOND ACCOMPANYING BID
KNOW ALL BY THESE PRESENTS:

That the undersigned
VSS International, Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF FOSTER CITY, a California general law City and municipal corporation, as obligee, in the penal sum of (Dollar Amount 1l-I Words) Ten Percent of tlie Total Amount of tlie Bid 0(illBl-B ($ 10% of Total 2 ) lawful money of the United States of America being at least ten percent (1 0%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal is submitting a Bid for Owner Agreement Number CIP301-703/702, PAVEMENT REHABILITATION PROJECT 2021-2022 at VARIOUS STREETS.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Agreement be awarded to said Principal and said Principal shall, within the required periods, enter into the Agreement so awarded and provide any required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00 2al15 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this 6tb (lBy of March , 20 23
(Month)
(Corporate Seal)
(Corporate Seal)
Principal
BY

END OF DOCUMENT
Bond Accompanying Bid
C1P703/702
004315-1
Updated 1 /1 8/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

135

CALIFORNIA ACKNOWLEDGMENT CML CODE g1189
i"lni li I I I I I I I I * i i ii i ii Ili I I I
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
C (il nty of Contra Costa
On MAR 0 6 25
Date
personally appeared
before me.

Steven N. Passerine
l
Shawndrae N. Johnston, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seo/ and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

DocumentDate: NumberofPages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer'sName: Signer'sName:
€ Corporate Officer - Title(s): € Corporate Officer - Title(s):
€ Partner - € Limited € General 0 Partner - € Limited € General € Individual OC Attorney in Fact € Individual € Attorney in Fact € Trustee a Guardian or Conservator a Trustee a Guardian or Conservator € Other: € Other:

Signer is Representing: Signer is Representing:

II n i n n i n i n n n n i n.'l ll'll nl I nl laf Inllnll.il 02019 National Notary Association

6.4 Attachment 3 - VSS International Inc. Bid Submittal

136

WesternSuretyCompany

POWER OF ATTORNEY APPOINTING INDIVIDUAI, ATTORNEY-IN-F ACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporatton having its principal office in the City of Sioux Falls, and State of Soutli Dakota, and that it does by virhie of the signature and seal herein affixed hereby make, constitute and appoint
Steven N Passerine, Kathleen E Earle, Doreen Green, Shawndrae N Johnston, Individually of San Rainon, CA, its tnie and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instniments of similar nature - In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly autliorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attomey is made and executed pursuant to and by autliority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by tlie shareholders of tlie corporation.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presems to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of November, 2022

WESTERN SURETY COMPANY
6 € ' cePresident
State of South Dakota
County of Minnehaha
SS
On this 4tli day ot' November, 2022, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota, that he is the Vice President of WESTERN SURETY COMPANY described in and whtch executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instruinent is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.

My commission expires
March 2, 2026
; ;: ;i;; ;
t 8 AL SEAL f
M. Bent, Notary Public

CERTIFICATE
I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still tn force, and further certify that the By-Law of the corporation printed on tlie reverse hereof is still in force In testimony whereofl have hereunto subscribed my name and affixed the seal of the said corporation this 6th day of March, 2023. t%i%"*"":'J"'o:"":':t"og pY4,,,>l:,@%,o.(lil,00:1
@:;(i 1%?5- i iiii
""""""" o""'a'?i"7:liPAi:Ai:'Qiila %';"':"'

WESTERN SURETY COMPANY
CEj;f' k € s----t-='y
Form F4280-7-2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.

6.4 Attachment 3 - VSS International Inc. Bid Submittal

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
valid' of that document.

State of California
County of Yolo
March 6, 2023 before me, Maria Prado, Notary Public (insert name and title of the officer)
personallyappeared JeffRoberts
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ffll a a a & a ,a & a I a a (
MARIA PRADO @.-t. l
\ ', 9 Comammrnlhssplolrnls# 2fflo3v37i2336 k
WITNESS my hand a cial seal.

Signat5
(Seal)

6.4 Attachment 3 - VSS International Inc. Bid Submittal

138

DOCUMENT 00 4325

BIDDER REGISTRATION FORM

INDEPENDENT CONTRACTOR REGISTRATION
Contractor's License # 293727
Date: 03/06/2023 7ed H). # 94-2270766
Full Corporate Name of Company: VSS International, Inc.

Street Address: 3785 Channel Drive, West Sacramento, CA 9569 l Mailing Address: 3785 Channel Drive, West Sacramento, CA 95691 Phone: (916)373-1500
Name of Principal Contact:

Email Address:

Type of Business:

INSURANCE
Fax: (916)373-m83
Jeff Roberts, Senior Vice President
[email protected]
SoleProprietor Partnership
Non-Profit 501 (c)(3) OCorporation
other (please explain:

Workers' Compensation:

Canier: Self Insured
Address:

Phone and Fax:

Policy Number: NO- 2106-C
General Liability:

Carrier: Hortford Fire Insurance Co. - Andreini & Company Address: 220 WeSt 20th Ave., San MClteO, CA 94403
Phone and Fax: P: 650- 378-4258 F:650-378-4361
Policy Number: 51CSEQU2541
Policy Limits: $ 2,000,000 0ccurrence/ 4,000,000 Aggregate A.M. Best Ratinq: A X"'
Bidder Registration Form
CIP703/702
00 4325 - 1
Updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

139

Automobile Liability:

Carrier: Hartford Fire Insurance Co. - Andreini & Company Address: 220 West 20th Ave., San Moteo, CA 94403 Phone and Fax: P: 650- 378-4258 F:650-378-4361
Policy Number: 51CSEQU2542
Policy Limits: $ 2,000,000
A.M. Best Rating:

A Xlll
All-risk Course of Construction (if Required by Document 00 5205 Informal Construction Services Aqreement, Appendix A):

Carrier: Hartford Fire Insurance Co. - Andreini & Company Address: 220 West 20th Ave., Son Mateo, CA 94403 Phone and Fax: P: 650- 378-4258 F:650-378-4361
Policy Number: 42UMO10050407
Policy Limits: $ 5,000,000
A.M. Best Ratinq: A Xlll

BIDDER CERTIFIES, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS

CURRENT AND ACCURATE AND AUTHORIZES OWNER, AND ITS AGENTS AND

REPRESENTATIVES TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

DATE
Bidder Registration Form
CIP703/702
00 4325 - 2
Updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

140

SAFETY EXPERIENCE
The following statements as to the Bidder's safety experience are submitted with the Bid, as part thereof, and the Bidder guarantees the truthfulness and accuracy of all information.

List Bidder's interstate Experience Modification Rate for the last three years. [20J [20J [20J Not Applicable for CA
If Bidder was not eligible to obtain a formal rating from the Workers Compensation Insurance Rating Bureau for any of the years listed above, Bidder must submit written information from its workers compensation insurance company that establishes what Bidder's equivalent EMR would be.

Total Recordable Incident Rates (RIR)
What were Bidder's Total RIR for each of the last three years? [20221 10.21 [20:Th l 1.13 [202Q 8.47
Average of last three years: 9.94 (no rounding)
Total Lost Time Incident Rates (LTIR)
What were Bidder's Total LTIR for each of the last three years? )zo2] 3.71 (,ioD 3-04 (zoo 1.69
Averageoflastthreeyears: 2.61 (norounding)
Use Bidder's last year's Cal/OSHA 300/301 log to fill in the following number of injuries and illnesses:
a. Number of lost workday cases 4
b. Number of medical treatment cases 7
C. Number of fatalities
Employee hours worked last year
o
215,491

6. State the name of Bidder's safety engineer/manager:

Roman Benedyuk
Attach a resume or outline of this individual's safety and health qualifications and experience.

Bidder Registration Form
C1P703/702
00 4325 - 3
Updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

141

I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING INFORMATION IS CURRENT

AND ACCURATE AND I AUTHORIZE OWNER, AND ITS AGENTS AND REPRESENTATIVES TO OBT AIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION.

BIDDER: VSS International, Inc.

By:

Sign
Jeff Roberts, Senior Vice President
Title
Date 03/06/2023

END OF DOCUMENT
Bidder Registration Form
C1P703/702
00 4325 - 4
Updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

142

DOCUMENT 00 4330

SUBCONTRACTORS LIST
The Subcontractors List must include the names of all subcontractors for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of the total Bid amount.

Name of Subcontractor and
Location of Place of Business
Description of
Work
Subcontractor's
License No.

DIR Registration
Number"
BAYSIDE STRIPE & SEAL, INC.

P.0. BOX 703

PET ALUMA
CA 94953
Striping
883985 1000001757
GLOBAL ROAD SEALING, INC.

I 0832 Dorothy Ave. , Garden
Grove , CA 92843.

Crack Seal 757584 1000007714
Golden Bay Construction, Inc.
3826 Depot Road, Hayward, CA
94545
Concrete 451401 1000002870

ST FRANCIS ELECTRIC LLC
PO BOX 2057

SAN LEANDRO
CA 94577
Electric 1003811 1000022208

MCKIM CORPORATION
60 W. 4TH STREET SUITE 210
GILROY
CA 95020
Paving 976269 1000005844
(Bidder to attach additional sheets if necessary)
" Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

END OF DOCUMENT
Subcontractors List
CIP703/702
00 4330-1
updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

143

DOCUMENT 00 4519

NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE SECTION 7"l06

NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares:
1 BII1 the Sr. Vice President ofVSS International, Inq-the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 03/06/2023 Jdate], atWeSf SaCrC)men+OJ(,jjyJi California jstate].

BIDDER'S SIGNATURE:

NAME/TITLE OF SIGNATORY:

LEGAL NAME OF BIDDER: VSS International Inc

END OF DOCUMENT
Non-Collusion Affidavit
C1P703/702
004519-1
Updated U18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

144

DOCUMENT 00 4545

BIDDER CERTIFICATIONS

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID The undersigned Bidder certifies to Owner as set forth in sections 1 through 8 below.

1. ST ATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

2. CERTIFICATION OF WORKER'S COMPENSATION INSURANCE By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

3. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Also, that the Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776, regarding wage records, and with Labor Code Section 1777.5, regarding the employment and training of apprentices. It is the Contractor's responsibility to ensure compliance by any and all subcontractors performing work under this Contract.

4. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Contractor, I certify that I am aware of Sections '1777."l and 4 777.7 of the California Labor Code and Contractor and Subcontractors and am eligible to bid and work on public works projects.

5. CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that al[ federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

6. CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled "Previous Disqualifications." If a statement of "Previous Disqualifications" is attached, please explain the circumstances.

7. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 281 0(a), I certify that, if awarded the Contract based on the undersigned's Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

8. CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR REGISTRATION Bidder Certifications
C1P703/702
00 4545 - 1
Updated 1/18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

145

By my signature hereunder, as the Contractor, I certify that Contractor, and all Subcontractors listed on Document 00 4330 (Subcontractors List) are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor's registration number is [please completel 100000 l 23 l . Subcontractors' registration numbers are as indicated in Document 00 4330.

BIDDER: VSS International, Inc.

Date: MC)rCh 06 j20231 BY:

Name:
(Print Name)
Its: Senior Vice President
(Title)

END OF DOCUMENT
Bidder Certifications
C1P703/702
00 4545 - 2
Updated 1/"18/2022

6.4 Attachment 3 - VSS International Inc. Bid Submittal

146

in'rsrinrq'nonrqc
www.s urry.com
01/17/2020
To Whom It May Concern:

I, Jordan Reed, duly-elected Secretary of VSS International, Inc., state that the following resolution is a true and exact copy of that resolution adopted by the Board of Directors of VSS International, Inc., May 23, 2017.
"NOW, THEREFORE, be it resolved that Jeff Roberts as duly elected Senior Vice President, be authorized to sign any and all bids and/or contracts, and/or legal documents for VSS International, Inc., a California Corporation, and that his signature shall be binding on the corporation." JVoSrSdalnntRerena!od nsael,"lnecl.ary
A37C8a51iCfohrfnnCeloDrprolVreation
West S6cramento, CA 95691
VSS InTErlnrlTIOnrlLI InC.
3785 CI-iANNEL DRIVE a WEST SACRAMENTO, CA 95798, USA a PHONE (916) 373-1500 FAX NO. (916) 373-1438a CONTRACTOR'S LICENSE NO. 29372.7A rit=ivemsnr mrit"rrenrince sriectricisaars

6.4 Attachment 3 - VSS International Inc. Bid Submittal

147

in'rspnri'nonric
www.slurry.com
January 17, 2020
To Whom It May Concern:

I, Jeffrey Reed, duly-elected President of VSS International, Inc., state that the following resolution is a true and exact copy of that resolution adopted by the Board of Directors of VSS International, Inc., October 6, 2019.
"NOW, THEREFORE, be it resolved that Jordan Reed as duly elected Secretary, Treasurer, be authorized to sign any and all bids and/or contracts, and/or legal documents for VSS International, Inc., a California Corporation, and that his signature shall be binding on the corporation." ,/effrey R - President
VSS Inte a nal, Inc.

A California Corporation
3785 Channel Drive
West Sacramento, CA 95691
VSS InTErlnRTIOnrlll InC.
3785 CHANNEL DRIVE - WEST SACRAMENTO, CA 95691, USA PHONE (916) 373-1500 - F AX NO. (916) 373-1438
CONTRACTOR'S LICENSE NO. CA 293727A
?rlVEmEnT mfilnTEnrlnCE 5rlEClrlLIST5

6.4 Attachment 3 - VSS International Inc. Bid Submittal

148

ROMAN BENEDYUK
Penn Valley, CA * 916-968-7071 * [email protected]

PROFESSIONAL SUMMARY
Exceptionally dependable Enviroru'nental Healtli Safety and Compliance Manager with a stellar record of workplace safety. Excels in incident response, critical incident management and command, hazard mitigation, and protection of company interests. Operates well as a team member or independently. Experienced in occupational safety, enviroiu'nental compliance, fleet management, site security, investigations, and emergency response management.

CORE QUALIFICATIONS
* Considerable experience in occupational enviroru'nental, healtli, and safety compliance * Exceptional grasp of OSHA- Cal-OSHA, EPA, NFPA and DOT rules and regulations * Strong laiowledge of construction and manufacturing plant operations * High level of multitasking and prioritization skills under stress * Well experienced investigator and interviewer
* Excellent oral and written coinmunication skills * Exceptionally professional under pressure during critical incidents * Critical incident manager and incident coi'nunander * Real world expeiience in managing critical incidents, injuries, and hazmat scenes * Make myself available 24/7 for onsite and remote incident management

CAREER HISTORY
Lead Environmental, Health, Safety, & Compliance Manager, 01/2018 to Current VSS International Inc. - West Sacramento, CA
* Serve as the company safety officer, incident commander in tl'ie event of large incidents. * Investigate all work-related incidents to identify root cause of the incident, make recommendations for prevention of future incidents.
* Represent company at incident sites, agency inspections, and legal / court matters. * Oversee implementation of SPCC, SWPPP, FRP, Air Quality, Water Quality plans. * Develop best practices and standard operating procedures for plant operations, product placement, and traffic control.
* Oversee safety and environi'nental compliance at three plant teri'ninals, and ten road construction crews. @ Design programs, policies, and procedures that are implemented to reduce or eliminate workplace injuries and hazards.
* Identify process improvements in day-to-day functioning of organization.

6.4 Attachment 3 - VSS International Inc. Bid Submittal

149

* Process and investigate on the job injuries and assist witli retuni-to-work programs. * Partner with Operations Department to ensure operations follow Federal, State, and Local OSHA, NFPA, and EPA compliance.
* Partner witli Human Resources to ensure employee and company compliance witli Worki'nan's Comp, post incident injury management, substance abuse investigation and screening, disciplinatay & corrective action administration.
* Partner with Risk and Claims Department to investigate incidents, loss, injuries, claims, and lawsuits. * Partner with Transportation Department to ensure diiver qualifications, fleet operations safety, compliance with DOT, FMCSA, and HAZMAT regulations. * Partner witli Executive Leadership team to improve communication, notification, and infon'nation sharing processes
Volunteer / Reserve Fire Fighter, 01/2016 to Current Rough and Ready Fire Department - Rougli and Ready, CA * Serve as volunteer/reserve fire fighter for an all-risk fire district in Nevada County, California. * Serve as Safety Officer on training exercises and real-world operations. * Respond to emergencies sucli as wild land fires, residential structure fires, vehicle accidents and fires, emergency evacuations, and medical emergencies.
* Provide fire prevention services to tlie public such as residential defensible space inspections, fire alan'n inspections and installation, routine inspections of distiict fire liydrants, inspections of water storage tanks and hydrants, apparatus inspections, post-accident fire activity inspections, educating kids and public at local events on fire prevention and safety. * Instruct new fire figliters on survival, tactics, standard operating procedures, traffic control, medical aid, and fire apparatus operation.

Area Safety Manager, 01/2017 to 12/2017
MasTec Nehvork Solutions - Sacramento, CA
* Serve as an Area Safety Manager for Nortl'ieri'i California, Southern Califori'iia, Nevada, and Arizona markets.
* Provide instruction to employees in fall protection, competent tower climber and rescue course, competent rigging course, roof top safety course, and defensive driver course. * Conduct job site safety and enviroru'nental audits. * Investigate incidents and injuries as well as substance abuse investigations and screening. @ Assess compliance of site operations, accuracy of fori'ns and adequate employee notification for different policies.
* Direct recordkeeping and paperwork preparation in line witl'i OSHA requirements. * Update contracts, project and crew leaders witli daily status reports on observations and incidents. * Inspect job sites and completed in-depth reports outlining safety concerns and corrective recoi'nu'nendations.
* Conduct safety evaluations to recommend alternate safety procedures

6.4 Attachment 3 - VSS International Inc. Bid Submittal

150

* Partner witli Human Resources to ensure employee and company compliance witli Worki'nan's Comp, post incident injuiy management, and disciplinary & corrective action.

DOT & Fleet Safety Manager, 08/2015 to 01/2017
MasTec Nehvork Solutions - Sacramento, CA
* Serve as a Fleet Safety Manager for Norther Califoriiia, Soutliern Califon'iia, Nevada, and Arizona markets.
* Manage a fleet of 65 vehicles and 120 drivers, ensure all DOT units comply witli FMCSA regulations, e- logs, inspections, and maintenance.
* Manage drivers to ensure compliance witli DOT regulations, l'iours of service, annual training, driver health qualifications, and driver qualification files. * Manage random drug and alcoliol screening program. * Ensure all fleet vehicles are road wortliy, well maintained, and safe for operation. * Manage and track preventative & scheduled services. * Manage and maintain vendor relationsliips for services, tires replacement, windsliield repairs, and specialty equipment.
* Arrange for transportation of veliicles tliat are damaged or in need of mechanical repair. * Manage and maintain tool stock, records of tools, and acquisition of tools. * Use Trimble GPS to track vehicle locations, speeds, and driver safety scores. * ASSiSt the corporate fleet manager in acquisition of new veliicles and disposal of decommissioned vehicles.
* Maintain corporate fleet records for accounting, allocation, billing, and leasing needs.

6.4 Attachment 3 - VSS International Inc. Bid Submittal

151

EDUCAnON
CAL-OES Certified HAZMAT Incident Commander 03/2022 HAZWOPER 8 Hour Refresher, updated: 02/2022
DOT Reasonable Suspicion Certification: 08/2019
Certified Drug Screening Technician: 07/2019
First Aid, CPR, AED: 2019
Confined Space Entry Operations: 2018
Advanced Safety Management Training, AGC of America: 2018 Incident Investigation, investigating incidents in the workplace: 2018 Selling Safety, coursework in applying safety in general industry: 2018 FEMA ICS-200 ICS for Single Resource and Initial Action Incident: 2018 Traffic Control Supervisor, supervising and constructing traffic control schematics: 2018 HAZWOPER 40, Hazardous materials response, and handling, initial: 2017 HAZWOPER FRO, First Responder Operation, 2016
EMR, Emergency Medical Responder: 2017
FEMA IS-00906 Workplace Security Awareness: 2017
FEMA ICS-100 Incident Command: 2017
OSHA 10/ 30 Hour: 2016

6.4 Attachment 3 - VSS International Inc. Bid Submittal

152

ST ATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

OFFICE OF SELF-INSURANCE PLANS
11050 01son Drive, Suite 230
Rancho Cordova,CA 95670
Phone No. (916) 464-7000
F AX (916) 464-7007
Gavin Newsoin, Governor

CERTIFICATION OF SELF-INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN:

This certifies that Ceitificate of Consent to Self-Insure No. 2106-C was issued by tlie Director oflndustrial Relations to:

VSS International, Inc.
under the provisions of Section 3700, Labor Code of California with an effective date of August 1, 1988. Tlie ceitificate is currently in full force and effective.

Dated at Sacramento, California
Tliis day the 04th of January 2023
Lyn Asio Booz, Chief
ORIG: Krissy Deleon
Risk & Claiiris Coordinator
Basic Resources, Inc.
928 12tli Street, Ste 700
Modesto, Ca 95354

6.4 Attachment 3 - VSS International Inc. Bid Submittal

153

DATE (MMIDD/YYYY)
2/25/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Andreini & Company-San Mateo
220 West 20th Ave
San Mateo CA 94403

CONTACT
NAME, Linda Reynolds
r:8,N:@, Extl: 650-378-4258 I 7Dc, NOI: 650-378-4361
E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Fire Insurance Co. 19682
INSuRED BASIC-1
VSS International, Inc.
3785 Channel Drive
West Sacramento, CA 95691
ixsupep El : National Fire & Marine Ins Co 20079
ixsupep c : Ironshore Specialty Ins. Co. 25445
INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 1695392723 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INStlRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH )OLICIES. LIMITS SHOWN MAY HAVE BEEN F!EDUCED BY )AID CLAIMS.

INSR

LTR TYPE OF INSURANCE
ADDL
INSD
SuBR

WVD POLICY NLIMEIER

POLICY EFF
(MMIDD}

POLICY EXP

IMMIDD/YYYY) LIMITS
A x COMMERCIAL GENERAL LIABILITY
ICLAIMS-MADE [E] OCCUR
51CSEQU2541 3/U2022 3/1/2023 EACH OCCLIRRENCE $ 2,000,000

DAM AGE TO RENTED
PREMISES (Ea occurrence) $100,000
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $ 2,000,000

GEN'L AGGREGATE LIMIT APPLIES PER
eOpoTHaiEcRy Q 7:(9; @ LOC
GENERAL AGGREGATE $ 4,000,000
PRODuCTS-COMP/OP AGG $ 4,000,000
s

A AU-OMOBILE LIABILITY
-X ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS
X HIRED NON-OWNED_ AUTOS ONLY Q AUTOS ONLY
51CSEQU2542 3/1/2022 3/1/2023 COMBINED SINGLE LIMIT
(Ea accident) $ 2,000,000
BODILY INJURY (Per person) $
BODILY INJIIRY (Pet accident) $

PROPERTY DAMAGE
IPet accident) $
Deduclible $1 ,000,000
B
-X

UMBRELLA LIAB

EXCESS LIAR
x OCCUR

CLAIMS-MADE
42UMO10050407 3/1/2022 :iri /2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000
DED X RETENTION $ 7r,(1(1(1 $ Following Form

WORKERS COMPENSATION
AND EMPLOYERSa LIABILITY Y , N
;8:::AS7:;'a:W"x'c;'g'A';::EcuT"E @(Mandatory in NH)
C5WN ff:PERATIONS below
NIA
ISPATuTEI I ER' CA Self Insured
E L EACH ACCIDENT s Ceriificale#2'l06
E L DISEASE - EA EMPLOYEE $
E L DISEASE-POLICY LIMIT $
A
c
Owned Auto Physical Damage Ded
Pollution Liability
51CSEQU2542
1CELLUWOO120212
31U2022
3/1/2022
:iri /2023
3/1/2023
ComplColl
Each Loss
Aggregate
$5,000
2,0[)0,000
4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may b * attached if more space Is required) Pollution Deductible - $IO0,000
Workers Compensation Deductible - N/A
Proof of Insurance Only For Bidding
See Attached...

CERTIFICATE HOLDER CANCELLATION
Evidence of Insurance
I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (201 6/03) The ACORD name and logo are registered marks of ACORD

6.4 Attachment 3 - VSS International Inc. Bid Submittal

154

AGENCY CUSTOMER ID: BASIC-1
AC0R0
AGENCY
Andreini & Company-San Mateo

N AMED INSLIRED
VSS International, Inc.
:'178!'i Channel Drive
West Sacramento, CA 95691POLICY NUMBER

CARRIER NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER, 25 FORM TITLE, CERTIFICATE OF LIABILITY INSURANCE General and Auto Liability policy includes blanket additional insured endorsements that provide additional insured status to the certificate holder only when there is an executed written contract between the named insured and the certificate holder that requires such status NOTE: VSS International, Inc. is Self insured for Workers' Compensation in the state of California.

ACORD 101 (2008/01)
LOC #:

The ACORD name and logo are registered marks of ACORD

6.4 Attachment 3 - VSS International Inc. Bid Submittal

155

6.4 Attachment 3 - VSS International Inc. Bid Submittal

156

6.4 Attachment 3 - VSS International Inc. Bid Submittal

157

6.4 Attachment 3 - VSS International Inc. Bid Submittal

158

VSS International, Inc.

Completed Project List - 2018

OWNER / AGENCY / CUSTOMER PROJECTTITLE DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLETION

ORIGINAL CONTRACT
AMOUNT

CONTACT
City of Visalia
707 W. Acequia Avenue
Visalia, CA 93291
2017 Cape Seal Project
Project No. 1410-7200/CPO247-
999
Chip Seal & Tl
Micro & T2
Micro
Mar.-2018 S816,000.00 Purchasing Division
(559) 713-4334
[email protected]
City of Phoenix
1034 Madison Street
Phoenix, 42 85003
JOA #9
T2050 2018 Crack Seal Progra
Crack Seal May.20l8 S478,340.00 Rick Evans
602-495-6284
City of Phoenix
1034 Madison Street
Phoenix, AZ 85003
JOA #10
2018 Residential/Collector
Crack Seal Program
T2 Slurry Seal May.20l8 S604,840.00 Rick Evans
602-495-6284
Idaho Transportation
Department
3311 West State Street
Boise, ID 83703
Idaho Project No. AO20(228)
Placing Micro-Surface Seal on SH
75in Custer County, Key No. 20228
Microsurfacing Oct.-2018 Sl,352,120.00 Matt Davison
(208) 745-5686
City of Page
697 Vista Avenue/P.0.

Box 1180
Page, 42 86040
City of Page Crack Seals,
Seal Coats and Slurry Seals for
City Streets & Parking Lots
T2 Slurry Seal
& T2 Micro
Jun.-2018 S205,000.00 Kyle Christiansen
(928) 645-4300
[email protected]
Sonoma County Airport
2290 Airport Blvd.

Santa Rosa, CA 95404
Pavement Preservation - Apron D
Rehabilitation
Microsurfacing Aug.-2018 S184,889.50 Jon Stout
(707) 565-7243
[email protected]
California Dept of
Transportation
1727 30th Street
Sacramento, CA 95816
Caltrans 07-3W6604
Los Angeles County
Slurry Seal Dec.-2018 S5,617,120.00 Sam Gallardo, PE
(310) 345-0266
[email protected]
City of Prescott
201 S. Cortez Street
Prescott, AZ 86303
FY18 Pavement Preservation
Project No. 18-2157810-8930-
90036
Micro & Slurry
Seal & Chip
Seal
Sep.-2018 S2,590,000.00 Steve Guizzo
(928) 777-1130
steve.guizzo @ prescott-az.gov
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Pavement Maintenance Project
2018 -
Waterman Highlands, Southbrook
Chip Seal &
Slurry Seal &
Crack Seal
Aug.-2018 S2,990,000.00 Caroline Vedder
(707) 428-7 484
Town of Apple Valley
14955 Dale Evans
Parkway
Apple Valley, CA 92307
Paving 17-18
Project No. 2018-01
Cape Seal &
Chip Seal & T2
Micro
Aug.-2018 Sl,660,120.00 Rich Berger
(760) 240-7000
[email protected]
Port of Oakland
530 Water Street
Oakland, CA 94607
Middle Harbor Road Pavement
Improvements (Slurry Seal)
T3 Slurry Seal Aug.-2018 S281,120.00 Chris Chan, Chief Engineer (510) 627-1100
[email protected]
Maricopa County
2901 W. Durango Street
Phoenix, AZ 85009
MH1802 Asphalt Chip Seal Chip Seal Aug.-2018 S2,005,000.00 Leon Adair (602) 506-4684
[email protected]
Port of Stockton
p.o. Box 2089
Stockton, CA 95201
Port of Stockton Admin Building
Front and Back Parking Lots
Stockton, CA
T2 Slurry Seal Sep.-2018 S37,230.00 Richard Navarro
(209) 946-0246
[email protected]
Amador County
Dept. ofTransportation &
Public Works
810 Court Street
Jackson, CA 95642
2C)18 CSA 5 ZOB 8 Surrey Junction
Road Maintenance Project
County Project 349118001
Chip Seal Aug.-2018 §120,120.00 Jered Reinking, PE
(209) 223-6226
[email protected]
City of Vacaville
650 Merchant Street
Vacaville, CA 95688
2018 Slurry Seal T2 Slurry Sep.-2018 Sl,817,000.00 Amer Rihani, PM (707) 449-5340
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
PMP 2018-Phase 2
Cordelia & Green Valley
Chip Seal & T2
Micro & Slurry
Seal
Oct.-2018 S3,073,000.00 Doug Vong
(707) 428-7784
[email protected]
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com *916-373-1500 *916-373-0183
6 6.4
Attachment 3 - VSS International Inc. Bid Submittal

159

VSS International, Inc.

Completed Projects List - 2019

OWNER / AGENCY / CUSTOMER PROIECTTITLE

DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLETION

ORIGINAL CONTRACT
AMOUNT

CONTACT
city of Rlpan
259 N Wilma Ave
Ripon, CA 95366
Mulholand/California ResurTace Projec DIR
ProjectlD 286011
slurry February 2020 5614,120
Elizabeth Quilici
i209) 599-0236
[email protected]
Yucca Valley
58928 Busines Center Drive
Yucca Valley, CA 92284
Town-Wide Slurry Seal Project #8340A Slurry & Cape Seal October 2019 S922,000 Armando Baldizzone
i760) 369-6579
[email protected]
G. Bortolotto & Company, Inc.
582 Bragato Rd
San Carlos, CA 94070
2019 Rehabilitation Project CE - 17-18-19 Slurry & Chip October 201!) S(115, 120 Keving Forouhi
i408) 615-3064
kforouhi @santaclaraca.gov
County of San loaquin
1810 E Hazelton Ave
Stockton, CA 95205-6232
Chip Seal 2018-201!1 Chip Seal & Slurry August 2019 S2,279,000 Miguel Aguirre
i209) 968-4876
[email protected]
City of Healdsburg
401 Grove St
Healdsburg, CA 95448
Healdsber 2018/2019 Measure V Pavement
Rehibilatation Project No. 201-02
Micro & Chip September 2019 S940,120
Clay Thistle
i707) 431-3346
[email protected]
NDOT
310 Galletti Way
Sparks, NV 8%31
SR 208 and SR 824in Lyon County Slurry August 201"l S540,[][]0 Gary Selmi
(755) 82!1-8383
[email protected]
Federal Highway Administration
610 E 5th St
Vancouver, WA
WA NPS PP SAIH 2018il)Pavement Preservation
San luan Island
Micro September 2019 S789,197
Michael Niemi
(260) 619-7758
[email protected]
City of Yuba City
z20l Civic Center Blvd
Yuba City, CA 95993
2019 Resurfacing Project Contract No. 18-09 Slurry October 2019 S534,424 Nicholas Menezes
(530) 822-4640
[email protected]
City of Sanger
2085 N Btxl Ave
Fresno, CA 93727
2019 Street Sea ling Project Slurry & Cape Seal November 2019 S689,029 Ryan Rabbon
i559) 244-3123
RRabbon @yhmail.com
NDOT
1250 Lamoille Hwy, Ste 1154
Elko, NV 8!)801
115 !13 in Elko and White Pine Counties Slurry October 2019 S3,996,120 Mirak Mahari
i775) 291-0213
[email protected]
City of Seattle
700 Fifkh Ave
Seattle, WA 98104
2019 Non Mterial Pavement Project PW#2019-
014
Slurry September 2019 Sl,148,000
loe Mathieu
(206) 687-3781
[email protected]
City of Victor
10 S Main St, llnit 101
Victor, ID 83455
201!1 City of Victor Micro Seal Micro July 2019 S50,298 Robert H
(208) 787-2940
[email protected]
DSH-Atascadero
10333 EI Camino Real
Atascadero, CA 93422
Sluny Seal Services, Slurry November 2019 S300,000
Tom Smet
(sos) agi-ogqs
[email protected]
City of Vacaville
650 Merchant St
Vacaville, CA %688
2019 Slurry Seal Project Slurry September 201!1 Sl,121,!)!13 Amer Rihani
(707) 449-513!1
[email protected]
Town of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA 92307
Resufacing 201!1-02 Mico December 2019 Sl,840,120
Rich Berger
(760) 240-7000
[email protected]
NDOT
310 Galletti Way
Sparks, NV 89431
SR 207/Kingbury Grade From 115 50 to SR
206/Foothill Road
Micro & Chip September 2019 Sl,392,909
Ashley Hurlbut
i775) 881-8!134
[email protected]
County of Calaveras
8!)1 Mountain Ranch Rd
San Antkeas, CA 95249
West Point Bikeway Project Micro Type Ill September 2019 S156,200 loshua Ksenzulak
(209) 754-6402
[email protected]
City of Palo Alto
250 Hamilton Ave
Pa lo Alto, CA 94303
FY 2019/2020 Streets Preventive Maintenance
Prolect Re-Bid [175087 A)
Micro November 2019 S1,543,000
Brittany Leung
i650) 329-2197
[email protected],
City of Anderson
1877 Howard St
2019 Cape Seal Micro October 2019 5453,000
David Durette
i530) 378-6641
[email protected]
City of Merced
678 W 18th St
Merced, CA 95340
Project No. 119065-Sluny Seal Various at
Locations
Slurry Seal November 2019 S296,000
Paul Flores
(209) 388-8708
[email protected]
County of Santa Barbara
Anderson, CA 96007
2018/201!1 Pavement Pies. & Prevent. Maint.-
County Project No. 820683
Chip & Slurry December 2019 S2,245,120
Er:C Pearson
0105) 681-5676
[email protected]
City of Ceres
2220 Magnolia St
2019 Pavement Preservation Project Chip & Slurry November 201!1 §937,000 Sam Royal
(209) 538-5617
Samir.royal @ci.ceres.ca.us
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com 9'l6-373a500 916-373-0183v 8

6.4 Attachment 3 - VSS International Inc. Bid Submittal

160

VSS International, Inc.

Completed Projects List - 2020

OWNER / AGENCY / CUSTOMER PROJECT TITLE DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLETION

ORIGINAL CONTRACT
AMOUNT

CONTACT
City of Phoenix
1034 Madison st., Phoenix,
AZ 85(X)3
City of Phoenix FAST - JOC #3 Scrub Seal July 2020 Sl,799,377.73 Rick Evans (602) 495-6284
Arizona Dept of
Transportation
1651 W. lackson st., Phoenix,
42 85007
Wickenburg-PRESCOTT HIGHWAY (SR
89)
Chip Seal Oct-2020 S962,244.10 Jalal Kamal
jkamal@azdit,gov
(602) 712-7221
Maricopa County
Department of
Transportation
320 Lincoln St, Phoenix, 42
85 €)07
Slurry Seal Surface Treatment for
Roads County Wide
Slurry Seal Jun-2020 Sl,675,549.87 Suizi Williams
[email protected]
(602) 506-8600
City of Tucson
255 W. Alameda Tucson, AZ
85701
Catalina Vista Flber Micro. Piggyback of
the Pima County Contract.

Micro Jun-2020 S947,318.23 Sarah Spencer
(520) 791-5550
Maricopa County
Department of
Transportation
320 Lincoln St, Phoenix, 42
85007
Large Crack Filling SurTace Treatment
for County Roads
Crack Seal (Xt-2020 9437,264.02 Suizi Williams
[email protected]
1602) 506-8600
Town of Prescott Valley 7501
E. Skoog Blvd, Prescott
Valley, 42 86314
Chip Seal Program FY 20-21 Chip Jul-2020 S763,459.28 Deanna Serino [email protected]
(928) 759-3072
City of Prescott 201 S. Cortez
Street, Prescott, 42 86303
FY 20 Annual Chip Seal Project CIP No.
20-014
Chip Sep-2020 S733,gg7.48 Steve Quizzo
steve.q uizzo@ prescott-az.gov
i928) 777-1269
City of Page
697 Vista Avenue Page, 42
Lake Powell Boulevard Chip Seal FY21 Chip Sep-2020 S63,881.43 Kyle Christiansen kchristiansen@ pazeaz.gov
86040 i928)645-4302
City of Yuma
1 City Plaza, Yuma 42, 85364
Pavement Maintenance - Asphalt
Material Type 3 Slurry with Fiber
Slurry Dec-2020 51,004,615.11 Mary E. Roman
Ba ry. roman (yumaAz.gov
and without i925) 373-5114
City of Yuma
I City Plaza, Yuma 42, 85364
Chip Sealing City Streets Chip Dec-2020 9go,sgz.zo Mary E. Roman ma ry. roman @yumaAz.gov
(925) 373-5114
Maricopa Co Department of
Transportation
320 Lincoln St, Phoenix, 42
85007
Fall Chip Seal Surface Treatment for
County Roads - PO DO 210000017047-
I
Chip Dec-2020 S954,695.68 Suizi Williams
[email protected]
(602) 506-8600
City of Goodyear
190 North Litchfield Rd,
Goodyear, 42 85338
High Volume FAST MiCm Dec-2020 S666,554.65 Dora Chavez [email protected]
i623) 882-7834
City of Goodyear
190 North Litchfield Rd,
Goodyear, AZ 85338
Low Volume FAST Micro Dec-2020 S43 4,023.53 Dora Chavez [email protected]
i623) 882-7834
City of Somerton
348 N Somerton Ave,
Somerton, 42 85350
Somerton slurry/PMM/GSB PMM/GSB Nov-2020 S217,392.30 Samuel Palacios (928) 627-4115
City of Needles
817 3rd St, Needles, CA
First Year Street Improvements
#PW2020-1
Slurry & Crack
Seal
Apr-2020 9_i_i'z,sgo.gi Tammy Ellmore
[email protected]
92363 (760) 326-57 40
City of Needles
817 3rd St. Needles. CA
Crack Fill & Slurry Slurry & Crack
Seal
Apr-2020 !>146,240.00 Tammy Ellmore
[email protected]
92363 i760) 326-57 40
City of Medford
200 S. Ivy Street
Medford, OR 97501
2020 Slurry Seal Various Streets in the
City of Medford
Slurry & Crack
Seal
July 2020 S185,359.04 Peter Brown
[email protected]
(541) 77 4-2617
Idaho Depart. of
Tra nsportation
Pa BOX 7129
BOISE, ID 83707
FY20 N Bannock CO Pavement
Preservation
Chip Sep 2020 5,826,489.14 Eric Staats
(208) 239-3328
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com §916-373-1500 *916-373-0183
10 6.4
Attachment 3 - VSS International Inc. Bid Submittal

161

VSS International, Inc.

Completed Projects List - 2020

OWNER / AGENCY / CUSTOMER PROJECT TITLE DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLEION

ORIGINAL CONTRACT
AMOUNT
(_ONTACT
County of San Luis Obispo
1055 Monterey Street, Room
2019-2020 Surface Treatment, Various
County Roads.

Slurry Seal Nov-2020 !51,022,427.58 Trisha Wright
[email protected]
D-120
San Lui obispo, CA 93408
(805) 781-5287
City of Pleasanton
123 Main Street, Pa BOX 520
Annual Slurry Seal CIP No. 20504 Slurry Sep-2020 %25,057.90 Adam Nelkie [email protected]
Pleasanton, CA 94566 (gzs) 931-5650
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
Marion street Cape Seal & Williams
Street Overlay
Slurry Aug-2020 9346,701.82 David Peters
d peters@ peters-engineeri ng.com
Town of Yucca Valley
57090 Twentynine Palms
Highway
Yucca Valley, CA 92284
Town Wide Slurry Seal Town Project
No. 8340-2020
Slurry Sep-2020 Sl,664,41C).24 Noel Owsley
[email protected]
(760) 369-6575
Douglas County Oregon
1036 SE Douglas Avenue,
Slurry Seal: Green District 2020 Slurry Jul-2020 9136,500.00 Jason C. Helms [email protected]@las.or.us
Courthouse Room 217
Roseburg, OR 97470
(541) 440-427 4
City of Dixon
600 East A Street
Dixon, CA 95620
2020 Street Resurfacing Project #
2020-01
Chip & slurry Jan-2021 S801,167.46 Lynne Filson
(925) 785-7141
City of Victor
32 Elm Street
Victor, ID 83455
Fiberized Microsurfacing Micro Type 3 Jul-202(] !588,064.42 (208) 787-2940 City of Sacramento
9151 Street, 5th Floor
Sacramento, CA 95814
Llpper Land Park Cape Seal Project (PN:

R15200020)
Slurry & Chip OCt-2020 S831,955.37 Jose Ledesma
[email protected]
City of Livingston
1416 C Street
Livingston, CA 95334
2020 Slurry Seals Slurry act-2020 S1641657151 Nick Fontaine nfonta ine@ gouveiaenBi neering.com
NDOT - Fernley NV
1263 South Stewart St.

Carson City, NV 89712
US 95 A MP LY 59.83 - MP LY 60.63 Slurry Sep-2020 S229,856.84 i Nanette Maxwell [email protected]
The City of Turlock
156 S. Broadway, Suite 150
Turlock, CA 95380
2020 Slurry Seals Project No. 20-004 Slurry Dec-2020 .5i,iog,:ioi.ao Randall Jones [email protected]
(209) 668-6021
City of Placerville
3101 Center Street, 4th FIOOr
Placerville, CA 95667
Lower Main Street Asphalt
Rehabilitation Project#41910
Slurry Sep-2020 S141,500.00 Nick Stone
[email protected]
(530) 642-5250
City of Dinuba
405 E. EI Monte Way
Dinuba, CA 93618
FY 19/20 Street Rehabilitation Project Slurry Nov-zY);!] Ssg8,437.47 Jason Watts (ssg) 244-3123
Swanston Water Park - The
KYA Group
Swanston Water Park Asphalt Sealer
& Crack Seal
Oct-2020 S15,230.45 Howie Nguyen Pinon
howie.nguyen (a)[email protected]
3235 Sunrise Blvd, Ste 4
Rancho Cordova, CA 95742
(714) 586-5195
The City of Pinole
City Hall, 2131 Pear St.
2019/20 Residential Slurry Seal Project Slurry Nov-2020 S7 44,334.69 Tamara Miller tmillerpci.pinole.ca.us
Pinole, CA 94564 i510) 724-9017
City of Guadalupe
918 0bispo Street
Guadalupe, CA 93434
2020 Slurry Seal Project City Projct No.
2020-07
Slurry Nov-2020 S15 4,7 44.70 Shannon Sweeney
[email protected]
City of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Lathrop CA Senior Center & Pinecrest
Street
Slurry act-2020 S7 4,052.54 Ken Reed
(209) 941-7363
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com *916-373-1500 *916-373-0183
12 6.4
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VSS International, Inc.

Completed Project List - 2021

OWNER / AGENCY / CUSTOMER PROIECTTITLE DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLETION

ORIGINAL CONTRACT
AMOUNT

CONTACT
City of Sherwood
15527 SW Willametter
Street, Sherwood, OR
97140
Schedtile B Sluri'y Seal T2 Slurry Seal Nov. -
2021
$117,886.35 Richard Sattler
[email protected]
503-625-5722
Oregon City
625 Center Street
Oregon City, OR 97045
Schedule B Slui'i'y Seal T2 Slurry Seal Dec.-2021 $136,516.00 Kim Davis [email protected]
503-378-4400
City of Gladstone
18595 Portland Avenue
Gladstone, OR 97027
Scliedule B Sluri'y Seal T2 Slurry Seal Nov.-2021 $179,180.39 Kristin Bowen [email protected]
503-656-7957
City of Carpinteria
5775 Carpinteria Avenue,
Carpinteria, CA 93013
2021 Pavement Maintenace
Project
T2 Slurry Seal Aug.-2021 $333,333.33 Brian Barrett
[email protected]
805-684-5304
California Dept. ofTrans.
1727 30th Street, Ste. 1,
Sacramento, CA 95816
03-2GO904 El Dorado Micro-
Syirfacing
Microsurfacing Sep.-2021 $877,120.00 916-227-6299
Yolo County
292 W. Beamer Street,
Woodland, CA 95695
Corinty Road 29 CUPCCAA Cliip
Seal
Chip Seal Aug.-2021 $114,000.00 Mark Christison
[email protected]
530-666-8775
City of Corning
794 Third Street,
Corning, CA 96021
2021 Multi-Street Improvement
Project
Chip Seal &
MicrosurFacing
Aug.-2021 $433,594.17 Robin Kampmann
[email protected]
530-824-7033
California Dept. ofTrans.
1727 30th Street, Ste. 1,
Sacramento, CA 95816
01-OK5404 Micro-Surfacing,
Crack Treatment and
Tliemioplastic Traffic Stripe
Microsurfacing Dec.-2021 $3, 180, 120.00 916-227-6299 City of Soledad
248 Main Street
Soledad, CA 93960
CA FY 20 21 SB ] Preventative
Maintenance Project
T2 Slurry Seal Dec.-2021 $300,000.00 Shona Phillips
[email protected]
831-223-5180
Tulare County
51115 Eshom Valley Dr,
Badger, CA 93603
County of Trilare, CA - 2021
Sliny Seal Program
Slurry Seal Sept.-
2021
$304,120.00 ' Hernan Beltran Herrera
[email protected]
(559) 337-0068
City of Novato
922 Machin Avenue, 1st
Floor, Novato, CA 94945
City of Novato, CA - 2021
Annual Pavement Reliabilitation
Project - San Marin Drive
T3 Micro Nov.-2021 $390,120.00 Gosia Woodfin
[email protected]
415-899-8997
County of San Luis
Obispo
1087 Santa Rosa Street,
San Luis Obispo, CA
93408
San Luis Obispo_JOC Vista Del
Sol Nipoi'no
T2 Micro Jun.-2021 $49,530.00 Missy Viles
[email protected]
805-781-5200
City of Victor
10 S Main Street, Llnit
101 p.o. Box 122 Victor,
ID 83455
Fiberized Mircosurfacing Microsurfacing Jul.-2021 $86,966.60 Nate Beard [email protected]
I 208-317-3719
City of Sanger
1700 Seventh Street,
Sanger, CA 93657
2021 Street Sealing Project Chip Seal Dec.-2021 $387,000.00 Sergio Alvarado [email protected]
(559) 876-6300
City of Santa Rosa
69 Stony Circle,
Santa Rosa, CA 95401
Annual Sluri'y Seal 2021 Slurry Seal Oct.-2021 $494,080.00 Grant Bailey [email protected]
707-543-4508
City of McMinnville
)Q1 NF g+h Q+rpp+
2021 Sluriy Seal, Project No.
202i-7
T2 Slurry Seal Nov.-2021 $175,725.00 Josh Adelman
[email protected]
McMinnville, OR. 97128 503-434-7312
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com 6916-373-1500 *916-373-0183
14 6.4
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163

VSS International, Inc.

Completed Project List - 2022

OWNER / AGENCY /

CUSTOMER

PROJECTTITLE DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLETION

ORIGINAL

CONTRACT
AMOUNT

CONTACT
FHWA -Western
Federal Lands Highway
Division
u.s. Department of
Transportation, CA - CA NPS PP
2021(1), Pavement Preservation
Slurry Seal -
Type II
Jun. 2022 S2,880,000.00 Andres Arredondo
Phone: 360.619.7520
[email protected]
610 East Fifth Street
Vancouver WA 98661
Bay Area Jonathan Giraldo
[email protected]
Caltrans -Department
of Transportation
1727 30sth St MS 43
Sacramento, CA 95816
Cold plane AC pavement, HMA
(Type A), Slurry Seal, and Striping.
#06-1C4004
Slurry Seal -
Type I I
May. 2022 Sl,311,086.00 Mark Taniguchi
[email protected]
City of San Diego
525 B Street, Suite 750
7th floor, San Diego, CA
92101
Slurry Seal Group 2123 K-22-
2048-DBB-3
Slurry Seal -
Type I, II, Ill
Oct. 2022 S5,120,120.00 Ronald McMinn, Contract Specialist [email protected]
Phone No. (619) 533-4618
Santa Barbara Co
123 East Anapamu St.

Santa Barbara, CA
93101
Fiscal YR 21/22 Preservation and
Preventive Maintenance
Slurry Seal -
Type II
3/8"HCP Fog
Seal
May. 2022 S3,278,001.00 Ocheltree, Gail
[email protected]
City of Elk Grove
8401 Laguna Palms
Way
Elk Grove, CA 95758
Sheldon and Bradshaw
Roundabout Improvements -
Signing & Striping
Slurry Seal -
Type II
Oct. 2022 S139,001.00 Kimberlee Marlan
[email protected]

FHWA-WFLHD
610 East Fifth St
Vancouver, WA 98661
SD NPS PP BADL 2020 (1)
Pavement Preservation Badlands
Contract No: 69056718DOOOOO8
Slurry Seal -
Type II
Jul. 2022 S6,300,120.00 Michael Kendro
[email protected]
Bingham County Public
Works
245 North 690 West
Blackfoot, Idaho 83221
2022-Type Ill Microsurfacing Slurry Seal -
Typelll
Jul. 2022 !>1,028,617.38 Clem Hidalgo
(208) 782-3173
[email protected]
City of Veneta
88184 8th Street
Veneta, OR 97487
2022 Veneta Pavement Crack
Seal & Slurry Seal Project
Slurry Seal -
Type II
Jul. 2022 S912,325.00 Lane Branch
[email protected]
City of Richland
625 Swift Blvd.. MS-26
2021 Slurry Seal - City Project ITB
22-0002
Slurry Seal -
Type II & Type
Aug. 2022 !>434,630.00 Richards, Shari
[email protected] LAN D.WA.US
Richland, WA 99352 Ill (509) 942-7609
City of Richland
625 Swift Blvd., MS-26
2022 Microsurfacing (ITB 22-
0003)
Slurry Seal -
Type Ill
Aug. 2022 S599,325.00 Richards, Shari
[email protected]
Richland, WA 99352 (509) 942-7609
Caltrans -Department
of Transportation
1727 30Sth St MS 43
Sacramento, CA 95816
Place slurry Seal, Rejuvenating
Scrub Seal and Replace AC
Surfacing # 08-1MO604
Slurry Seal -
Type Ill &
Chip 38"
Sept.2022 Sl,850,120.00 Adelia Fonseca
Ph:916-227-6299
[email protected]
City of Fairfield
1000 Webster Street
Fairfield, CA 94533-
2021 Pavement Maintenance
Project - (AR CAPE SEAL)
Slurry Seal -
Type If &
Chip 3/8" &
Jul. 2022 !>3,992,000.00 David Vong & Jessica Marmolejo [email protected]
[email protected]
4836 1/2" HPC Ph: 707-428-7 485
Caltrans -Department
of Transportation
# 09-388904 (MONO COUNT/ AR
CHIP SEAL) Construct Asphalt
Chip Seal 3/8"
& Fog Seal
Jun. 2022 Sl,170,120.00 KATELYN ANDERSON
[email protected]
1727 30sth St MS 43
Sacramento, CA 95816
Rubber Binder Chip Seal Ph:916-227-6299
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com *916-373-1500 *916-373-0183
16 6.4
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164

VSS International, Inc.

Completed Project List - 2022
OWNER i AGENCY./

CUSTOMER

PROJECTTITLE DESCRIPTION OF

BIDDER'S WORK

DATE OF

COMPLETION

ORIGINAL

CONTRACT
i AMOUNT

CONTACT
Yolo County
292 West Beamer
Street
Woodland, CA 95695
Yolo Cnty-2022 Pavement
Preservation Work Order: 4618
Slurry Seal -
Type II & Type
Ill Chip 3/8"
Sep. 2022 I S5,194,120.00 Mark Christison
[email protected]
Ph: 530-666-8842

FHWA -
610 East Fifth Street,
Vancouver, WA 98661
FHWA, CA - Pavement
Preservation King Canyon &
Sequoia National Park
Slurry Seal Summer
2023
S17,7 40,120.00 Michael Kendro
[email protected]
Ph: 360-619-7520
Caltrans
1727 30sth St MS 43
Sacramento, CA 95816
Caltrans 11-2N1174 RT 8 RHMA
WO-22012-07
Slurry Seal -
Type Ill
Nov.2022 S273,650.00 KATELYN ANDERSON
[email protected]
City of Vacaville
650 Merchant Street
Vacaville, CA 95688-
6908
Slurry Seal 2022 Slurry Seal Oct. 2022 S3,926,000.00 Amer Rihani [email protected] Ph:
707-449-5139
City of Sonoma
No. 1, The Plaza
Sonoma, CA 95476
2022 Citywide Slurry Seal Project
No. 2201
Slurry Seal -
Type II & Type
Ill Chip 3/8"
Jul. 2022 S255,000.00 Oriana Hart [email protected] Ph: 707-933-2233
City of Mukilteo
11930 Cyrus Way
Mukilteo, WA 98275
2022 Slurry Seal Project #
TR220102
Slurry Seal -
Type II
Aug.2022 S 406,325.00 Matt Nienhuis
[email protected]
Ph:425-263-8081
City ofTigard
13125 SW Hall Blvd.,
Pvmnt Mgmnt Program Prev
Main Slurry
Slurry Seal -
Type II
Sep.2022 S680,325.00 Toni Riccardi
[email protected]
Tigard, OR 97223 Ph: 503-639-4171
City of Elk Grove 840
Laguna Palms Way
Elk Grove, CA 95758
2022 Pvmnt Slurry & Resurfacing
WPRO22 Ph 2
Slurry Seal -
Type Ill &
3/8" & 5/16"
Chip
Oct. 2022 S2,240,120.00 Kim Marlan [email protected] Ph:916-627-3315
City of Pocatello
911 N 7th Avenue
Pocatello, ID 83205
Type 3 - Micro Surfacing Service
Renewal
Slurry Seal -
Type II
Jul. 2022 S670,000.00 Searra Simpson
[email protected]
208-234-6155
Sutter County
1130 Civic Center Blvd
Yuba City, CA 95993
FY2020-21 Road Seals Project
(Contract No: RM31002117N)
Slurry Seal -
Type I I
& CHIP
Aug. 2022 S867,357.70 James E. Walton
Phone: 530.822.7400 Ext. 317
[email protected]
City of San Jose
1404 Mabury Rd
San Jose, CA 95133
10056- 2022 LS Microsurfacing Slurry Seal -
Type Ill
Nov. 2022 S3,970,120.00 [email protected]
Ph:408-794-1956
Alameda County
951 Turner o.,
Hayward, CA 94545
Slurry Seal Resurfacing of
Portions of Various Roadways in
the unincorporated area -
Contract C-23914 Spec 2436
Slurry Seal -
Type II
& 3/8" HPC
CHIP
Aug. 2022 S231,411.00 Lorena Arroyo
510-670-5212
[email protected]
City of American
Canyon
4381 Broadway #201
American Canyon, CA
94503
2021 Annual Pavement
management Project # TR21-
0100
Slurry Seal -
Type II
act. 2022 S975,439.50 Becky Hendryx
[email protected]
707-647-4558
Yolo County
292 West Beamer St.

Woodland, CA 95695
2022 Micro-Surface Triple Seal
Project
Slurry Seal -
Type I I
Sep. 2022 Sl,520,120.00 Mark Christison
[email protected]
Ph: 530-666-8842
City of Redmond
15670 NE 85th St
Redmond, WA 98073
Pavement Preventative
Maintenance - Slurry Seal
Slurry Seal -
Type If
& CHIP Seal
Aug. 2022 S119,327.00 Audrey Stenerson
[email protected]
Ph:425-556-4201
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com *916-373-1500 *916-373-0183
18 6.4
Attachment 3 - VSS International Inc. Bid Submittal

165

VSS International, Inc.

Completed Project List - 2022

OWNER/ AGENCY /
CUStOMER

PROJECT TITLE' DESCRIPTION'QF

BIDDER'S WORK
. , , DAIE OF
COMPLETION.

ORIGINAL ,
(:ONTRACT
AMOUNT
' CONTA(T
City of Redding
777 Cypress Avenue,
Redding, CA 96001
Benton Airpark Runway &
Taxiway Connector Pavement
Slurry Seal -
Type I
Oct.2022 S378,120.00 Becky Kraft
[email protected]
Ph: 530-225-4450
County of Calaveras
891 Mountain Ranch
Road, Building A
San Andreas, CA 95249
Maury Rasmussen Field Runway
Rehabilitation AIP 3-06-0207-016-
2022
Slurry Seal -
Type II
Spring
2023
S330,120.00 Kathryn Gallino
[email protected]
City of Firebaugh
1133 P Street,
Firebaugh, CA 93622
22 23 SBI Slurry Seals Slurry Seal -
Type II
Oct.2022 S123,120.00 Michael Molina
[email protected]
City of Carlsbad
1200 Carlsbad Village
Drive, Carlsbad, CA
92008
Signing & Striping Project No.
6096-6104 Bid No. PWS23-
1967TRAN Contract 6096/6104
Slurry Seal -
Type II
Dec.2022 S380,120.00 Graham Jordan
[email protected]
Ph:760-602-2462
City of Twentynine
Palms
6136 Adobe Road
Twentynine Palms, CA
92277
Neighborhood Safety Project Chip Seal
5/16
Spring
2023
S781,120.00 Kenneth Bailey
[email protected]
Ph:949-273-027 4
Cameron Estates
Community Services
District
PO Box 171
Shingle Springs, CA
95682
CECSD 2022 Slurry Seal of
Cameron Road Project
Slurry Seal act. 2022 S158,000.00 Joy Reggiardo Cameron Estates [email protected]
Ph: 916-955-6966
Montana Department
of Transportation

SCRUB SEAL AND
MICROSURFACING PROJECT ID #
Micro
surfacinz
Spring
2023
S2,141,120.00 Michal Holmes
[email protected]
2701 Prospect, Helena,
MT 59601
NH-57-1 (13)0 Ph:406-444-6212
City of Tehachapi
115 South Robinson
Street
Tehachapi, CA 93561
City of Tehachapi Surface
Treatment-SBI FY 22-23
T2 Slurry Seal Spring
2023
S297,000.00 John (Jay) Schlosser Development
Services Director
Andrew Norton, Associate Engineer
Ph:661-822-2200
Caltrans - Department
of Transportation
1727 30th Street, MS43
Sacramento, CA 95816
02-3J8004 Trinity County Place
AR Chip Seal with Replace Asphalt
Concrete Surfacing
AR Chip Seal Spring
2023
S3,096,906.00 Saray Munoz
Ph: 916-227-6299
Saray.M u [email protected]
City of Page
697 Vista Avenue
Page, AZ 86040
LPMHV Pavement Seals Project
FY22
T3 Slurry Dec.2022 S616,006.00 Kyle Christiansen
Ph: 928-645-4302
[email protected]
City of Tucson
255 W Alameda, 6th
Floor West
Tucson, 42 85701
Contract No. 222897 FY22 Prop
101 Fog Seal Package 6 - Pa
#43077-1
Fog Seal Dec.2022 S2,697,006.00 Maritza Felix
[email protected]
Ph: 520-837-4107
City of Yuma
One City Plaza, Yuma
AZ 85364
Yuma City - Spring Slurry
PO#4000113 (Piggy) &
PO#40000537
Slurry T3 Dec.2022 S805,307.50 Michael Flowers
[email protected]
928-373-5114
City of Yuma
One City Plaza, Yuma
42 85364
Yuma City - Chip PO#4000013 Chip Seal Dec.2022 S32,599.96 Michael Flowers [email protected]
928-373-5114
Yuma County
198 S Main Street,
Yuma, AZ 85364
Yuma County - Chip PO#0000864 Chip Seal Dec.2022 Sl,461,644.00 Lorena Sanchez [email protected]
3785 Channel Drive, West Sacramento, CA 95691
www.slurry.com §916-373-1500 *916-373-0183
20 6.4
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166

=4.

IS
't.f

6.4 Attachment 3 - VSS International Inc. Bid Submittal

167

6.4 Attachment 3 - VSS International Inc. Bid Submittal

168

6.4 Attachment 3 - VSS International Inc. Bid Submittal

169

6.4 Attachment 3 - VSS International Inc. Bid Submittal

170

6.4 Attachment 3 - VSS International Inc. Bid Submittal

171

6.4 Attachment 3 - VSS International Inc. Bid Submittal

172

TASK ORDER NO. CSG-2022-08

TO MASTER CIVIL ENGINEERING SERVICES AGREEMENT FOR

PROFESSIONAL ON-CALL INSPECTION & CONSTRUCTION SUPPORT SERVICES STREET REHABILITATION PROJECT FY21/22 (CIP 301-703) AND PARK PATHWAY RESTORATION PROJECT FY21/22 (CIP 301-702)
This Task Order No. CSG-2022-08 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and CSG Consultants ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Civil Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform Civil Engineering Support services and related 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 OF TASK ORDER. Consultant shall perform the services described in Exhibit "A," 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 $112,200 (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: Jon Froomin By: Cyrus Kianpour
Title: Mayor Title: President
Date: _________________________ Date: _____________________ Attachment 4

6.4 Attachment 4 - TASK ORDER- CSG

173

EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE,

PROFESSIONAL ON-CALL INSPECTION & CONSTRUCTION SUPPORT SERVICES TASK ORDER CSG-2022-08

This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated July 18, 2022, by and between CSG Consultants, 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.

DESCRIPTION OF THE PROJECT:

1. DESCRIPTION: Construction Inspection Services, Materials Testing Services, and construction support services for CIP 301-703 – Street Rehabilitation Project and CIP 301-702 – Park Pathway Restoration Project

2. BASIC SERVICES:

The CITY/DISTRICT has developed a general scope of work as described below.

CONSTRUCTION SUPPORT SERVICES
A. Daily inspection services for 80 working days (640 hours) B. Daily inspection reports
C. Field coordination
D. Weekly Construction Meetings, Pre-con meeting, etc.

E. Assist City with Submittal review
F. Assist City with RFI responses
G. Coordinating resident outreach
H. Review Contract Change Order Requests
I. Project closeout (20 hours)

MATERIAL TESTING SERVICES
Field Services
A. HMA/Paving Construction
a. Compaction Testing

Laboratory Testing
A. HMA Theoretical Maximum Density Testing
B. Binder Content by Ignition Oven
C. Ignition Oven Correction Factor
D. Combined Aggregate Gradation

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be :
$112,200, as follows:

Service Hourly Rate Working
Days Closeout Total Hours Cost
Construction
Inspector $170 80 (640 hrs) 20 hrs 660 $112,200
SUBTOTAL $112,200

6.4 Attachment 4 - TASK ORDER- CSG

174

2. Compensation for Consultant’s Services shall be on a time -and-expense reimbursement basis.

3. TIMES OF PAYMENT : Invoices are to be submitted monthly. The invoice shall be accompanied by a cost breakdown by discipline in approved format.

PROJECTS AND SCHEDULE

CONSULTANT will perform its work based on mutually agreed upon schedules. Services will be provided to coincide with construction schedule, at discretion of the City. CSG will provide services on an as-requested basis.

Work shall be commence in June 2023.

6.4 Attachment 4 - TASK ORDER- CSG

175

Attachment 5

6.4 Attachment 5 - CIP 301-703 Exhibit

176

DATE: April 3, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Associate Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: APPROVING THE PLANS AND SPECIFICATIONS AND

AUTHORIZING THE CALL FOR BIDS FOR THE SYNTHETIC
TURF RESURFACING PROJECT SEA CLOUD PARK S4
(CIP301-709) AND FINDING THAT THE PROJECT IS

CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the Plans and Specifications and authorizing the call for bids for the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709) and finding that the project is categorically exempt under California Environmental Quality Act (CEQA) Sections 15301 – Existing Facilities and 15061(b)(3).

EXECUTIVE SUMMARY
CIP 301-709 consists of the resurfacing of the existing synthetic turf field S4 at Sea Cloud Park. Verde Design, Inc. (Verde) has prepared construction documents for the replacement of the turf surface and the project is ready to be advertised for construction.

Currently, the project has an approved budget of $800,000, of which $56,800 has been encumbered for design. A balance of approximately $743,000 is available for

6.5 6.5 Staff Report

177

construction. Foster City has also secured a grant agreement to receive up to $198,545 in reimbursements from the State Parks Department of Parks and Recreation. Based on the engineer’s construction cost estimate, additional funding may be required to fully fund the project. A request for additional budget will be brought to the City Council for approval at the time of award of contract, based on actual bids received.

Sea Cloud Park is a popular recreation facility in the City and is used frequently by different sport associations. July is the most ideal time for construction to occur based on the field usage. The City Council action will allow staff to advertise the project for bidding. Construction is anticipated to take approximately 7 weeks with a proposed start date of July 10, 2023.

BACKGROUND
The S4 synthetic turf soccer field was installed in Fiscal Year (FY) 2012-2013 and requires replacement every ten years to maintain the integrity of the highly used field.

The project consists of removing and replacing approximately 100,000 square feet of existing synthetic turf. For this project, the subsurface is still in good condition and will likely only require minor repairs. The existing striping will be modified in order to optimize field usage and meet the City’s needs.

In August 2021, the City entered into an agreement with the State of California Department of Parks and Recreation to receive $198,545 in reimbursable Proposition 68 Per Capita Grant funds if the project is completed before June 30, 2024.

At its November 21, 2022 meeting, the City Council adopted Resolution No. 2022-128, entering an agreement with Verde to prepare construction documents for the field replacement. Verde has completed the construction documents and the City is ready to advertise the project for construction.

ANALYSIS
Plans and specifications for CIP 301-709 are complete and ready for bidding. Verde prepared the plans and specifications based on their previous knowledge of the field.

Construction is anticipated to begin in July 2023 and will take approximately 7 weeks to complete. Verde and the Parks and Recreation Department will coordinate with the different user groups that use the field (and have programs) to provide advance notice to the public prior to the work being performed. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support (Verde). A copy of the plans and specifications is available in the City Council’s office for review.

The project schedule is as follows:

6.5 6.5 Staff Report

178

Estimated Timeline
Advertisement/Call for Bids April 5, 2023
Bid Opening April 26, 2023
Award of Contract May 15, 2023
Contract Execution May 2023 – June 2023
Pre-Construction Activities June 2023
Construction July 2023
Project Notice of Completion September 2023
California Environmental Quality Act
Categorically Exempt per CEQA Sections 15301 – Existing Facilities and 15061(b)(3).

FISCAL IMPACT
The project has an approved budget of $800,000. A balance of approximately $743,000 is currently available for construction. The City has secured an agreement with the State of California Department of Parks and Recreation to receive $198,545 in Proposition 68 Per Capita Grant funds for this project. Because this is a reimbursement grant, the full cost of the project is budgeted with CIP-City funds. After the work is completed, grant funds will be reimbursed to the City provided that the project is completed before June 30, 2024. Based on the Engineer’s Estimate of $1,016,220, additional funding may be need to complete construction due to the peak season installation, rising cost of labor and materials and inflation. The City has committed $56,800 of the funds to the designer Verde for the project. If additional funding is required, it will be brought back to City Council for approval of funding during award.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
*Plans and Specifications are available for review in City Hall.

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RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL

FOR BIDS FOR THE SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4 (CIP301-709) AND FINDING THAT THE PROJECTS ARE CATEGORICALLY

EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, Plans and Specifications for the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP301-709) have been completed and are ready for bid; and WHEREAS, CIP 301-709 involves resurfacing the S4 field at Sea Cloud Park; and WHEREAS, the projects are categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act; and
WHEREAS, total funding in the amount of $800,000 is available in the approved project budgets for design and construction; and
WHEREAS, the City has an agreement with the State of California Department of Parks and Recreation to receive $198,545 in Proposition 68 Per Capita Grant funds for this project; and
WHEREAS, based on the Engineer’s Estimate, additional funding may be needed, but will be brought to City Council following the results of the bid.

WHEREAS, construction is anticipated to begin in July 2023 to meet recreation needs and grant requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the plans and specifications and authorize the call for bids for the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP301-709).

6.5 Attachment 1 - Resolution

180

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

181

DATE: April 3, 2023

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City Manager

FROM: Edmund Suen, Finance Director
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance
SUBJECT: SELECTION OF INDEPENDENT AUDITORS AND APPROVAL

OF AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH

BADAWI & ASSOCIATES

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions appointing Badawi & Associates (Badawi) as the independent auditors of the City/District (City) for the three fiscal years ending June 30, 2023, 2024 and 2025, with an option to extend two additional years ending June 30, 2026 and 2027 and authorizing execution of the Professional Services Agreement.

EXECUTIVE SUMMARY/BACKGROUND
All local government entities are required to have an independent audit of their annual financial statements. Consistent with best practice, a competitive process is undertaken at the end of each contract term to select a subsequent independent auditor.

For the past six years, the audit firm of Maze & Associates has performed the City’s annual auditing services. Their contract expired upon completing the FY 2021-2022 audit. Staff sent out a Request for Proposal (RFP) directly to seven audit firms and posted the RFP on Foster City’s and California Society of Municipal Finance Officer’s (CSMFO) websites. Staff received five proposals by the February 6, 2023 deadline. The five firms that submitted proposals to provide audit services were the following:

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•Badawi & Associates
•Eide Bailly, LLP
•Maze & Associates Accountancy Corporation
•Moss, Levy & Hartzheim, LLP
•The Pun Group, LLP

On February 15, 2023, the Audit Committee met, and evaluated the five proposals for meeting minimum mandatory qualifications, past experience, quality of professional personnel and management support, audit approach, and staffing plan. Following the review of the proposals, the Audit Committee selected two firms, Badawi & Associates and Maze & Associates for interviews.

On March 4, 2023, the Audit Committee interviewed these two firms. The engagement partners and lead staff of the firms attended the interviews. Proposals were evaluated based on several criteria including: understanding of the work to be performed; the auditor’s experience in conducting audits of cities of similar nature, size and complexity; technical experience and professional qualifications of the audit team; the ability of the proposed approach to meet the needs of the City; ability to meet the City’s deadlines; and value of audit services, hours, and rates proposed.

Following the interviews, the Audit Committee members selected Badawi as their number one choice. The Audit Committee recommended appointing Badawi as the independent auditor for the City for fiscal years ending June 30, 2023, 2024 and 2025, with the option to extend for an additional two fiscal years ending June 30, 2026 and 2027. If there is a desire to exercise the extension when the term of the original agreement expires, City staff will return to the City Council requesting authorization to execute the extension.

In recommending Badawi, the Audit Committee found that Badawi had a reasonable proposal, solid references and their presentation during the interview process was well received. Badawi was the lowest bidder among all five proposals received; and their fees and hours are realistic for the required audit services.

PROPOSED FEE FROM THE TOP TWO AUDIT FIRMS

The hours and fees include optional services of the single audit, state controller’s office reports, compliance examination report and directed study. The single audit will only be performed when the Federal grants spending reaches the seven hundred fifty thousand dollars ($750,000) threshold within a fiscal year.

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ANALYSIS
The Audit Committee considered various factors in reaching its decision for recommending Badawi as the forth coming independent auditors for the City.

•Badawi’s main business is to provide auditing services to municipalities including special districts, joint powers authorities, successor agencies, housing authorities and financing authorities throughout California.
•Badawi has extensive experience with local government audits and is very familiar with local government accounting structure.
•Badawi has efficient auditing procedures in place. The approach to the audit has been designed to meet the audit requirements with the least disruption to the City’s operations.
•Badawi’s staffs are organized, knowledgeable and will provide an in depth and comprehensive audit.
•Badawi has prepared Annual Comprehensive Financial Reports (ACFR) for numerous Cities.
•Badawi proposed a lowest first year audit fee of $49,890 with 540 audit hours. The total fee proposed of $154,245 for the three years term is also the lowest among all proposals received.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The total amount of the three-year agreement is not to exceed $154,245. The cost of audit services will be $49,890 for fiscal year 2022-23; $51,425 for fiscal year 2023-24; and $52,930 for fiscal year 2024-25, with the option to extend for an additional two years.

The cost of fiscal years 2025-26 and 2026-27 will be $52,930 for each of the years. There is no additional appropriation required for the services expected to be provided in fiscal year 2022-23 as there are sufficient funds in the adopted budget. Amounts necessary for future fiscal years will be incorporated in the City’s future budgets. It should be noted that the audits for the former Foster City Community Development Agency that was dissolved effective February 1, 2012 will be done under the auspices of the City as its Successor Agency. The costs of which will be incorporated into the administration costs of the Successor Agency.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Agreement

6.6 6.6 Staff Report

185

5 3
5 RESOLUTION NO. __________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY TO

APPOINT BADAWI & ASSOCIATES AS AN INDEPENDENT AUDITOR TO PROVIDE AUDIT SERVICES FOR THE CITY FOR THE THREE YEARS ENDING JUNE 30, 2023, 2024, AND 2025, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL YEARS ENDING JUNE 30, 2026 AND 2027; AND AUTHORIZING THE MAYOR TO EXECUTE

THE PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $154,245 FOR FISCAL YEARS 2022-2023, 2023-2024 AND 2024-2025

CITY OF FOSTER CITY
WHEREAS, the City of Foster City requires the services of an independent public accounting firm to review and report on the annual financial activities of the City; and WHEREAS, the City of Foster City has sent out a Request for Proposal to seven audit services firms and also posted to Foster City’s and California Society of Municipal Finance Officer’s (CSMFO) website for audit services and received five proposals; and WHEREAS, the Audit Committee and the staff have reviewed these proposals, interviewed two firms; and
WHEREAS, the Audit Committee has recommended that the proposal for audit services submitted by Badawi & Associates be accepted by the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the selection of the independent public accounting firm of Badawi & Associates to perform annual audit services for the City for three years ending June 30, 2023, 2024, and 2025, with an option of two additional fiscal years ending June 30, 2026 and 2027 and that the Mayor is authorized to sign the contractual documents on behalf of the City.

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Professional Services Agreement dated April 3, 2023, in an amount not to exceed $154,245 for fiscal years 2022-2023, 2023-2024 and 2024-2025, 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.

6.6 Attachment 1 - City Resolution

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5 3
5 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - City Resolution

187

5 3
6 RESOLUTION NO. __________________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT TO APPOINT BADAWI & ASSOCIATES AS AN

INDEPENDENT AUDITOR TO PROVIDE AUDIT SERVICES FOR THE CITY FOR THE THREE YEARS ENDING JUNE 30, 2023, 2024, AND 2025, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL YEARS ENDING JUNE 30, 2026 AND 2027; AND

AUTHORIZING THE MAYOR TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $154,245 FOR FISCAL YEARS 2022- 2023, 2023-2024 AND 2024-2025

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District (“District”) requires the services of an independent public accounting firm to review and report on the annual financial activities of the District; and
WHEREAS, the District has sent out a Request for Proposal to seven audit services firms and also posted to Foster City’s and California Society of Municipal Finance Officer’s (CSMFO) website for audit services and received five proposals; and WHEREAS, the Audit Committee and the staff have reviewed these proposals, interviewed the two firms; and
WHEREAS, the Audit Committee has recommended that the proposal for audit services submitted by Badawi & Associates be accepted by the District.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve the selection of the independent public accounting firm of Badawi & Associates to perform annual audit services for the District for three years ending June 30, 2023, 2024, and 2025, with an option of two additional fiscal years ending June 30, 2026 and 2027 and that the President is authorized to sign the contractual documents on behalf of the District.

BE IT FURTHER RESOLVED, that the District’s President is hereby authorized to execute the Professional Services Agreement dated April 3, 2023, in an amount not to exceed $154,245 for fiscal years 2022-2023, 2023-2024 and 2024-2025, 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.

6.6 Attachment 2 - EMID Resolution

188

5 3
6 PASSED AND ADOPTED as a resolution of the Estero Municipal Improvement District at the regular meeting held on the 3rd day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:
____________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.6 Attachment 2 - EMID Resolution

189

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

PROFESSIONAL SERVICES AGREEMENT
FOR

PROFESSIONAL AUDITING SERVICES

This Agreement is made and entered into as of the 3rd day of April, 2023 by and between the City of Foster City hereinafter called "CITY" and Badawi & Associates hereinafter called "AUDITOR".

RECITALS

This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, CITY desires to engage AUDITOR to provide professional services in the CITY;

WHEREAS, AUDITOR is qualified to provide such services to the CITY and;

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 AUDITOR under this Agreement shall include those services 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.

Performance of the work specified in said Exhibit A is hereby made an obligation of AUDITOR 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 upon the date hereinabove written for a period of th ree years ( to perform audit services for fiscal years (FY) 2022-2023, FY 2023-2024 and FY 2024-2025) and shall expire upon completion of performance of audit services by AUDITOR described in Exhibit A , unless the City, in its sole discretion, decides to e xercise its option to extend the term for a period of up to two additional years ( to perform audit services for FY 2025 -2026, FY 2026 - 2027). . (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct AUDITOR to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole 1 6.6
Attachment 3 - Agreement

190

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should AUDITOR 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’s written notice to AUDITOR demanding such cure, in which case AUDITOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that su ch termination is in CITY’s best interests, in which case AUDITOR 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 n o other cost, damage or expense.

AUDITOR shall continue its work throughout the course of any dispute, and AUDITOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate AUDITOR for all services performed by AUDITOR hereunder in an amount based upon AUDITOR’s hourly rates during the time of the performance of said services.

A copy of AUDITOR’s hourly rates for which services hereu nder shall be performed are set forth in AUDITOR’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable here under shall not exceed the sum One Hundred Fifty-Four Thousand Two Hundred and Forty-Five dollars ($154,245) for FY 2022 -2023, FY 2023 -2024 and FY 2024 -2025 in the following amounts: $49,890 for fiscal year 2022-23; $51,425 for fiscal year 2023-24; and $52,930 for fiscal year 2024 -25. Invoices for amounts in excess of One Hundred Forty -Seven Thousand Three Hundred and Seventy-Five dollars ($154,245) shall not be paid unless the performance of services and/or reimbursement of costs and expens es in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed. If the City Council decides to exercise its option to extend the term for a period of up to two additional years (FY 2025-2026, FY 2026- 2027) the compensation for FY 2025 -2026 and FY 2026-2027 shall be for the “Optional Year” amounts set forth in Exhibit B for those years.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by AUDITOR to CITY, 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 2 6.6
Attachment 3 - Agreement

191

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, AUDITOR's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to AUDITOR for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, 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 AUDITOR has partially completed one or more deliverables due during a payment period, and if AUDITOR demonstrates diligent progress thereon, then CITY 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.

CITY shall not be liable for, and AUDITOR shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $ 50,000) or City Council (for contracts $ 50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable there for, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the e xtent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. AUDITOR shall keep and maintain accurate records of all time expended and costs and expenses incurred re lating to services to be performed by AUDITOR hereunder. Said records shall be available to CITY for review and copying during regular business hours at AUDITOR’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Professional Skill of AUDITOR. AUDITOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on su ch skills of the AUDITOR to do and perform the work. In performing services hereunder AUDITOR shall adhere to the 3 6.6
Attachment 3 - Agreement

192

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

standards generally prevailing for the performance of expert consulting services similar to those to be performed by AUDITOR hereunder.

AUDITOR represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed u nder this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Sc hedule established in Exhibit A and within the times specified for each individual Project.

AUDITOR represents that it possesses all necessary training, licenses and permits to perform the Services and 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 S ervices working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by AUDITOR, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental e ntity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of AUDITOR for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detect ed at the time of such payment, inspection, review or approval.

8. Documents. Unless such documents are proprietary in nature, all documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by AUDITOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

9. Relationship of Parties. AUDITOR is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. AUDITOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payme nts, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the AUDITOR’s provision of Services, not the means, methods, or scheduling of the AUDITOR’s work. AUDITOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. AUDITOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

4 6.6
Attachment 3 - Agreement

193

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

10. Schedule. AUDITOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of AUDITOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, wo rk stoppages, or other labor disturbances conducted by, or on behalf of, AUDITOR’s officers or employees.

AUDITOR acknowledges the importance to of CITY’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. To the fullest extent allowed by law, AUDITOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of AUDITOR or its Subconsul tants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, o r suffered or sustained by, City of Foster City or Estero Municipal Imp rovement District, its Council, boards, commissions, officers, employees , directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of AUDITOR, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the AUDITOR shall meet and confer with other parties reg arding unpaid defense costs. Such obligation to defend, hold harmless and indemnify the City shall not apply to the extent that such liability is caused by the sole negligence, active negligence or willful misconduct of the City.

The duty of AUDITOR 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 AUDITOR to indemnify City of Foster 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.

AUDITOR’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.

5 6.6
Attachment 3 - Agreement

194

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

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.

12. Insurance. Prior to execution of this Agreement, AUDITOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by t his Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

AUDITOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event AUDITOR fails to maintain any required insurance, a nd notwithstanding Paragraph 3 above, CITY may (but is not obligated to) p urchase such insurance and deduct or retain premium amounts from any sums due AUDITOR under this Agreement (or AUDITOR shall promptly reimburse CITY for such expense).

AUDITOR shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain in surance for a minimum of five (5) years following completion of this project or service. In the event AUDITOR fails to obtain or maintain com pleted 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 AUDITOR.

13. WORKERS' COMPENSATION. AUDITOR 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 AUDITOR certifies that he will comply with such prov isions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The AUDITOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The AUDITOR 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: employm ent, 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 AUDITOR 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 AUDITOR 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.

6 6.6
Attachment 3 - Agreement

195

PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

15. Notice. All notices required by this Agreement shall be given to the CITY and AUDITOR 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: Edmund Suen, Finance Director
Phone: (650) 286-3265
E-mail: [email protected]

AUDITOR: Badawi & Associates
Attention: Ahmed Badawi, President
2855 Telegraph Avenue, Suite 312
Berkeley, CA 94705
Phone: (510)768-8244
E-mail: [email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

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 r ules. 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 pr ovision 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.
7 6.6
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PROFESSIONAL AUDITING SERVICES- BADAWI & ASSOCIATES

21. Conflict of Interest. AUDITOR represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, AUDITOR represents to and agrees with CITY that AUDITOR has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, sh ared management, shared directors, or reporting responsibilities) AUDITOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by AUDITOR and Exhibit C , Insurance, CITY '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 be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY 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 AUDITOR, or by any of its employees, even though such equipment be furnished, rented or loaned to AUDITOR by CITY. The acceptance or use of such equipment by AUDITOR or any of its employees s hall be construed to mean that AUDITOR accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY 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 AUDITOR, its employees, CITY employees or third parties, or to pr operty 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 or AUDITOR may have under this Agreement or any applicable law. All rights and remedies of CITY or AUDITOR, whether under this Agreement or other applicable law, shall be cumulative.

23. 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 8 6.6
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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.

24. Force Majeure. Except for defaults of subconsultants at any tier, AUDITOR shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of AUDITOR, including without limitati on failure to reasonably mitigate any adverse impacts (Force Majeure) . Force Majeure events include the following:

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. Entire Agreement . This Agreement, including Exhibit s A, B , C, and D 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: _________________________________ Jon Froomin, Mayor
(for contracts $50,000 or more)

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
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Dated:

Benjamin Stock, City Attorney

AUDITOR

Dated:

Ahmed Badawi, President, Badawi &
Associates

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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR

PROFESSIONAL AUDITING SERVICES

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CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTICT

REQUEST FOR PROPOSALS

FINANCIAL AUDITING SERVICES

FINANCIAL SERVICES DEPARMENT
610 FOSTER CITY BLVD.

FOSTER CITY, CA 94404
DATE RELEASED: JANUARY 12, 2023
PROPOSAL DUE DATE: FEBRUARY 6, 2023 5:00 PM

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I. INTRODUCTION
The City of Foster City was incorporated on April 27, 1971. It is a general law City that operates under the Council-City Manager form of government. The City has a population of 33,056 and provides a full range of municipal services which include the following departments: City Manager, City Clerk and Communications , Police, Community Development Services , Public Works, Parks and Recreation , Financial Services and Human Resources . The City receives fire suppression, prevention , and advanced life support programs/services through its member agency status with the Sa n Mateo Consolidated Fire Department , a Joint Powers Authority between Foster City, the Belmont Fire Protection District, and t he City of San Mateo. The City employs approximately 172 full-time equivalent positions. The Total Budget for FY 2022-2023 is just over $ 159 million for all funds , which includes a General Fund budget of approximately $54 million.

The City Council also serv es as the Board of Directors for the Estero Munici pal Improvement District (the District). The District, although a separate legal entity, encompasses the same geographical area, is inhabited by the same citizens and governed by the same bodies and procedures as the City.

II. FUND STRUCTURE
The City of Foster City currently uses the following fund types in its financial reporting.

Several of the funds shown in the Annual Comprehensive Financial Report (ACFR) are a combination of multiple City funds. The number and typ e of funds are subject to change based on the needs of the City. An y such change shall not result in change in the audit fee.

Fund Type
Number of
Individual
Funds
General Fund 11
Special Revenue Funds 25
Capital Projects Funds 2
Debt Service Funds 1
Enterprise Funds * 12
Internal Service Funds 8
Fiduciary Funds 2
* The City operates two enterprises – wastewater treatment and water service General ledger accounting is performed on the Central Square (previously known as SUNGARD) NaviLine financial system software suite.

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III. PURPOSE
The City of Foster City is requesting proposals from qualified certified public accounting firms to audit the financial statements of the City of Foster City/Estero Municipal Improvement District for the fiscal years ending June 30, 20 23, 2024 and 2025 with an option to extend the audit contract for an additional two fiscal years ending June 30, 2026 and 2027 at the discretion of the City.

The audit is to be performed in accordance with:

1. Auditing standards generally accepted in the United States of America.

2. The standards ap plicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.

3. The provisions of the Single Audit Act of 1996, as amended and the provisions of the U.S. Office of Management and Budget (OMB ) guidance for federal awards and agreements as provided in the Code of Federal Regulation (CFR) 2 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

4. Governmental Accounting Standards Board (GASB) Pr onouncements, an d any guidelines, as applicable.

IV. GENERAL RFP SUBBMITAL INFORMATION
The Financial Services Department staff and the Audit Committee will evaluate proposals received.

During the review process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from those that submit proposals or allow corrections of errors or omissions. Any and al l changes in the RFP will b e made by written addendum, which shall be issued by the City to all proposer s who have responded to the RFP by the deadline.

The City reserves the right to retain all proposals submitted. Submission of a proposal indicates the firm’s acceptance of the c onditions contained in this Request for Proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the Auditor selected.

The preparation of the RFP will be at th e total expense of the Prop oser. There is no expressed or implied obligation f or the City to reimburse responding proposers for any expense incurred in the preparation of proposals in response to this RFP. All proposals submitted to the City shall become properties of the City and will not be returned.

The City reserves the right to reject any or all proposals, in whole or in part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City.

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Questions with reg ard to this RFP shall be submitted by e -mail to Waqas Hassan , Assistant Finance Director, at [email protected] by 5:00 P.M. on January 25, 2023.

Responses to the questions will be sent via e-mail by January 31, 2023.

V. SCOPE OF WORK
The selected independent auditor will be required to perform the following:

A. Audit of all Funds of the City of Foster City and Es tero Municipal Improvement District in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The audits shall include such tests of the accounting records and other auditing procedures considered necessary to express an opinion.

B. Render an auditor’s report on the Basic Financial Statements which include both Government-Wide Financial Statements and Fund Financial Statements.

C. Perform limited procedures on the Management’s Discussion and A nalysis (MD&A) and required supplementary information (RSI) as required by the Governmental Accounting Standa rds Board as mandated by general acc epted auditing standards.

D. Issue a report regarding the City/District’s internal control over financial reporting and tests of its compliance with certain provisions of laws, regulations, contracts and grants in accordan ce wit h G overnment Auditing Standard s or other communications that may be required by auditing standards.

E. Perform the required tests of compliance under Measure A of San Mateo County for Local Transportation Purposes and issue the applicable report as required.

F. Perform the required tests o f compliance under Measure W of San Mateo County Congestion Relief Plan and issue the applicable report as required.

G. If applicable , perform a single audit or compliance audit (if applicable), in accordance with the Off ice of Ma nagement and Budget (OMB) U niform Grant Guidance/Super Circular . The single audit report will include a schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow up on prior audit findings.

H. If applicable, p repare a compliance examinatio n report on the schedule of financial assistance (e.g. ARPA assistance).

I. Perform agreed-upon procedures pertaining to the City’s/District’s GANN Limit (Article XIIIB – review of appropria tion limit calculations) an d render a letter annually regarding compliance.

J. Prepare the City’s/District’s entire ACFR.

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K. Perform a Directed Study of not to exceed 40 hours of Auditor Staff time. This Directed Study is performed at the re quest of the City’s Audit Committee and/or City staff and is considered to be performed as “agreed -upon procedures” between the City and the Independent Auditor. The subject of the study is typically re lated to the financial operations of the City, and the final report is intended to document the procedures performed and the results of those procedures. There is no opinion expressed as a result of the completion of such procedures, although t he Independent Audito r is free to make recomme ndations on any find ings as a result of the testing performed. Examples of prior Directed Studies include: review of investment return comparisons with th e five bay area cities; sample testing on transient occu pancy tax re venues at the two (2) hotels operating in Foster City; review of compliance with the City’s Internal Services Funds Policy; review of the Long -Term Capital Improvement Funding Policy; and, selected testing of video franchise fees from cable and video operators serving Foster City.

L. Attend City meetings/audit committee meetings for the purpose of discussing the audit, the management letter and its conclusions , ACFR and other reports prepared by the auditor.

M. Provide timeline schedule of the annual audit.

N. Provide listing of requested items at least three (3) weeks prior to audit fieldwork.

O. Provide assistance to meet requirements of the GFOA program including preparing answers to GFOA comments.

P. Prepare and print all reports including tabbing and binding. Auditor shall provide unbound reproducible masters , bound copies and a digital file in Adobe Acrobat format for each of the following:

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Unbound Bound
Master Copies

1. Annual Comprehensive Financial
Report (ACFR) 1 25

2. Report to the Audit Committee/ 15
Management Letter

3. Measure A Compliance Report 15

4. Measure W Compliance Report 15

5. Compliance examination report on
the schedule of financial assistance 15

6. Single Audit or Compliance Audit-
Federal Assistance 15

7. Appropriation Limits 15

8. Directed Study 15
VI. ASSISTANCE TO BE PROVIDED TO THE AUDITOR
City Staff will:

A. Prepare Management’s Discussion and Analysis (MD&A) for the ACFR.

B. Prepare Statistical Section of the ACFR.

C. Provide an organizational chart.

D. Prepare Letter of Transmittal.

E. Provide detailed accounting records and prepare requested audit schedules.

F. Prepare confirmation letters requested by the auditor.

G. Provide trial balance reports such as balance sheet, revenues and expenditures details for all funds.

VII. EVALUATION CRITERIA
Proposal wi ll be evaluated using three sets o f criteria. F irms meeting the mandatory criteria will have their proposals evaluated and scored f or both technical qualifications and fees. The following represents the principal selection criteria which will be considered during evaluation process:

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a. Mandatory Elements
1) The firm is independent and licensed to practice in California 2) The firm has no conflict of interest with the City/District 3) The firm follows the instructions set forth in this request for proposal 4) The firm’s professional personnel have received adequate continuing professional education within the last three years
5) The firm submits a copy of its most recent external quality control review report and has a record of quality audit work
b. Technical Quality
1) Responsiveness of the proposal
2) Expertise and experience of the firm in government auditing for cities with full municipal services in the State of California
3) The Firm’s reputation in the local government auditing/accounting field 4) Qualification of personnel assigned to the City including man aging partner, manager, senior accountant, staff (education, including continuing education taken during the last t hree years, position in the firm and years of experience will be considered)
5) Size and structure of the firm
6) Adequacy of staff assigned to perform audit
7) Audit approach
8) Experience preparing ACFR
9) Provide complimentary annual training to the client
10) Accessibility to audit firm staff
c. Fees
NOTE: The City reserves the right to reject any and all pro posals that are deemed to be considered non-responsive or incomplete as to the required elements as indicated in this Request for Proposals.

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VIII. PROPOSAL SCHEDULE
The City reserves the right to make changes to the schedule below, but plans to adhere to the timeline below:

January 12, 2023 Thu Posting of RFP on the City’s website February 6, 2023 Mon (5:00 PM) Deadline for RFP submission Responses to the RFP must be received at
City Hall by this time
February 15, 2023 Wed Completion of Screening of applicants March 4, 2023 Sat (9 AM-4 PM) Interview with Audit Committee (subject to change due to Committee members’ availability) April 3, 2023 Mon (6:30 PM) Approval of Audit Services Contract by the City Council
IX. ANTICIPATED AUDIT SCHEDULE:
(NOTE: Time frame below is tentative only. A final time schedule will be worked out between the City staff and the selected audit firm).

May 9, 2023 Tues Scoping meeting with selected auditors May 15, 2023-May 19, 2023 Interim Audit
September 11, 2023-September 22, 2023 Final Phase Fieldwork October 16, 2023 Mon 1st draft o f Financial Statement s for management review
October 23, 2023 Mon 2nd draft of Financial Statements for management review . 1 st draft of
Management Letter and other reports
November 6, 2023 Mon Final draft of F inancial Stat ements and Management Letter and other r eports to the
Audit Committee
November 16, 2023 Thu Audit Committee meeting to review draft of Financial Statements and
Management Letter and other reports
December 4, 2023 Mon Printed Fi nancial S tatements and Management Letter and other reports issued

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X. COMPENSATION:

All responses to the R FP shall set forth the hourly rates of those pers ons conducting the audit and the maximum total amo unt of hours and comp ensation for reviewing all financial records outlined in this scop e of work. Fees shall be provided for a three -year engagement including costs of the optional two years beginning with the fiscal year ending June 30, 2023. A cost breakdown by year and individual audit is requested for the five years. The City desi res that tota l fees be stated as “total not to exceed amount inclusive of all out of pocket expenses”.

The City shal l make progress payment s based on hours of work co mpleted during the course of the engagement within 30 days from the receipt of auditor’s invoice.

XI. PERSONNEL CHANGES
Proposals shall include a statement by the firm as to its plans and commitments relative to providing a continuity of personnel. The City reserves the right to request replacement of any members of the firm’s auditing team p rior to and during the course of the audit if circumstances warrant, and similarly, the City requests that it be notifi ed, in advance, of any changes made by the auditing firm concerning the make-up of the auditing team after work has begun.

XII. WORKING PAPERS RETENTION
All working papers and reports must be retained at auditor’s expense for seven years, unless the firm i s n otified in writing by the City of the need to exte nd the retention period. T he auditor will be requi red to make w orking papers available to the City/District or any government agencies. In addition, the firm shall respond to the reasonable inquiries of successor auditors to review working papers relating to matters of continuing accounting significance.

XIII. OPTIONAL SERVICES
State Controller’s Reports
a. Prepare City Annual State Controller’s Report
b. Prepare District Annual State Controller’s Report
c. Prepare Street Annual State Controller’s Report
XIV. PROPOSAL REQUIREMENT
All firms shall submit a total of eleven with one (1) signed original and ten (10) hard copies of their proposal in the following order:

A. Title Page/Cover
It should include the n ame of the audit firm, address, telephone number, contact person and date of proposal.

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B. Table of Contents
C. Transmittal Letter
Briefly introdu ce your firm, indicating whether your firm is local, regional, national or international. Identify the location o f the office from which the work is to be done. Provide a short profile of the firm and staff levels. Indicate the name of the per sons who w ill be authorized to make representations for and to bind the firm, their tit les, addresses and telephone numbers. Indicate your firm’s types of clients and any other useful information . Briefly stat e the proposer’s understanding of the audit se rvices to be performed, the commitment to perform the work w ithin the time period speci fied and a state ment as to why the fi rm believes to be the best qualified to perform the engagement.

D. Technical Proposal
• General Requirements – The purpose of the Techn ical Propo sal is to demonstrate the qualifications, competence and capacity of the firm seeking to unde rtake an independent audit of the Ci ty/District. It should demonstrate the qualifications of the firm and the staff to be assigned to the engagement. It should also specify an audit approach that will m eet the request for proposal requir ements. In addi tion, it should p rovide a resume of each person assigned to this engagement.
• Independence – The firm should provide an affirmative statement that it is independent of the City /District as defined by gener ally accepted auditing standards.
• Business License – The independent au ditor selected must pos sess a City of Foster City license while conducting any work under this contract. • Firm Qualifications and Experience – The proposal should state the size of the firm, the location of the office f rom which this e ngagement is to be performed, and the size of the firm’s governmental audit staff. • External Quality Control Review – It should include the most recent review report.
• Similar Engagements with other entiti es – List a minimum of three cities for engagement performed in the last five years similar to the City of Foster City. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. • Experience in preparing ACFR – Demonstrate th e c ompetency and capacity of the audit firm to prepare ACFR. Provide the name s of three Cities that the firm has prepared their ACFR.

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• Audit Approach – the proposal should set forth a work plan, including an explanation of the audit methodology to perform t he audit services such as:

1. Segments of the engagement

2. Level of staff and number of hours assigned to each proposed segment of the engagement

3. Sampling sizes and technique

4. The software used in conjunction with the engagement

5. The analytical procedures used in the engagement
E. Proposal Data Sheet (see sample format – Exhibit A)
XV. INFORMATION / IMPORTANT DATES
Deadline for RFP submission : February 6, 2023 @ 5:00 PM Deliver Proposals to:

Mr. Waqas Hassan
Assistant Finance Director
City of Foster City
610 Foster City Blvd.

Foster City, CA 94404
Interviews of Selected Firms March 4, 2023 @ 9:00 AM to 4:00 PM By Audit Committee
(subject to change of date due to Committee members’ availability) City Council Approval of Audit Firm: April 3, 2023 @ 6:30 PM

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Exhibit A

RFP PROPOSAL DATA SHEET
FIRM NAME:

CONTACT PERSON:

CONTACT INFORMATION:

QUALIFICATIONS STATEMENT

GOVERNMENTAL CLIENTS FOR PROPOSED ENGAGEMENT TEAM

CLIENT NAME

MOST RECENT AUDIT

CONTACT NAME
PHONE
AUDITING PERSONNEL PROVIDED*

ACCOUNTING FUNCTION

YEARS OFEXPERIENCE

CERT/DEGREE

LAST PUBLIC AUDIT
*Please remember to include resumes with your RFP response.

HOURLY RATES OF AUDITING PERSONNEL

NAME / FUNCTION

HOURLY / RATE

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FEES AND BILLING SEQUENCE

ANTICIPATED
Audit Services HOURS EXPENDED 2022-23 2023-24 2024-25

1. City / District Audit/
Management Letter and
related reports $ $ $

2. Measure A
Compliance Report $ $ $

3. Measure W
Compliance Report $ $ $

4. Appropriation Limit $ $ $

5. Preparation of ACFR $ $ $

6. Directed Study $ $ $

7. Compliance examination
Report $ $ $

8. Single Audit $ $ $
Total not to exceed
including out of pocket $ $ $
Optional Services

1. State Controller’s Reports
(City, District and Street) $ $ $
Please state any qualifications you need to make regarding your proposal fee (e.g., out-of-pocket expenses, fee increases, extraordinary services, etc.).

BILLING SEQUENCE

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OTHER SERVICES OFFERED

1. 2.

3. Signature of Individual Submitting Proposal on Behalf of the Firm

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EXHIBIT B

FEE SCHEDULE
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EXHIBIT C

INSURANCE FORMS

AUDITOR shall provide , in addition to the Certificates of Insurance , original Endorsement affecting the coverages specified in 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 3rd day of April, 2023, by and between Badawi & Associates, hereinafter referred to as "AUDITOR”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1. AUDITOR's Duty to Show Proof of Insurance. AUDITOR, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of AUDITOR's acts, errors, or omissions in connection with the performance of AUDITOR's obligations, as required in this Agreement, shall secure and maintain insurance as described below. AUDITOR shall not perform any work under this Agreement until AUDITOR has obtained all insurance required under this section and the required certi ficates of insurance and all required endorsements have been filed with the City'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, AUDITOR shall supply proof that such p erson 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, AUDITOR 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. AUDITOR shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by AUDITOR or City 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 ), Products-Completed Operations Hazard, liability for slander, false ar rest 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 AUDITOR's performance of services under this Agreement. The Commerc ial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. AUDITOR shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by la w 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 one million dollars ($ 1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council members, officials, agents, officers, 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 one million dollars ($1,000,000) each occurrence.

☒ Workers' Compensation Insurance

AUDITOR shall submit written proof that AUDITOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. AUDITOR shall require any Subconsultants to provide workers' compensation for a ll of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by AUDITOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, AUDITOR shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. AUDITOR 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 one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) 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 and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage

If any of the insurance coverages requir ed under this Agreement is written on a claims -made basis, AUDITOR, at AUDITOR'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 as Additional Insured

On AUDITOR's Commercial General Liability and Automobile policies, the City, 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 AUDITOR shall be maintained until the completion of all of AUDITOR's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by AUDITOR shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by AUDITOR in the case of non-payment of premiums, or thirty (30) days written notice in all 28 6.6
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other cases. This notice requirement does not wai ve the insurance requirements stated herein. AUDITOR 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 Risk Manager.

3.3 If AUDITOR is, or becomes during the term of this Agreement, self -insured or a member of a self -insurance pool, AUDITOR shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by AUDITOR is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the AUDITOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officia ls, employees, or volunteers shall be excess of the AUDITOR’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 AUDITOR 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 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 AUDITOR to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by AUDITOR. City, at its sole option, may terminate this Agreement and obtain damages from AUDITOR resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to AUDITOR, City shall deduct from sums due to AUDITOR any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to AUDITOR pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, AUDITOR agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve AUDITOR 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 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 AUDITOR 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.

AUDITOR's fees under this Agreem ent (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by AUDITOR and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of AUDITOR's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form
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EXHIBIT C
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 Na med 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 pe rformed 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) 30 6.6
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ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and Badawi & Associates (“AUDITOR”) dated 3rd day of April, 2023.

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 AUDITOR (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 AUDITOR 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. AUDITOR acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the AUDITOR’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 AUDITOR shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the AUDITOR did not know about, and reasonably should not have known about, as of the date the AUDITOR submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the AUDITOR 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 and unavoidable under the circumstances; (iii) is not the result of the AUDITOR’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. AUDITOR 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 AUDITOR’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the AUDITOR must demonstrate that the issue, cost or delay is due to an Unknown COVID- 19 Condition.

3. Compliance with COVID-19 Proclamations.

A. AUDITOR 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 32 6.6
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the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. AUDITOR 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 AUDITOR is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the AUDITOR may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The AUDITOR is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent AUDITOR incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the AUDITOR for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. AUDITOR 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. AUDITOR remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the AUDITOR 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. AUDITOR shall immediately report to City any outbreaks of COVID-19 among its workers. The AUDITOR shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City 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.

[Signatures on Next Page]

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IN WITNESS WHEREOF, the City and AUDITOR have executed this Covid-19 Amendment as of the date set forth above.

AUDITOR: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Ahmed Badawi, President Jon Froomin, Mayor
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DATE: April 3, 2023

TO: President and Members of the EMID Boards of Directors VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Ray Towne, Interim Public Works Director/District Engineer Sophia Lee, Assistant Engineer
SUBJECT: LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT (CIP 455-695) – APPROVAL OF PLANS AND SPECIFICATIONS

AND AUTHORIZATION TO CALL FOR BIDS

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) adopt the attached resolution approving the Plans and Specifications and authorizing the call for bids for the Lift Station 59 Effluent Line Improvements Project (CIP 455-695).

EXECUTIVE SUMMARY
CIP 455-695 continues EMID’s program of maintaining and upgrading its facilities to ensure their useful and long life. CIP 455-695 involves various improvements to the effluent line from the EMID’s main Pump Station 59 located in the EMID’s Corporation Yard to provide this critical facility with enhanced operational flexibility, flow measurement accuracy and reliability and redundancy during repairs.

The plans and specifications have been prepared by BKF Engineers (BKF) and are ready for EMID approval. Total funding in the amount of $1.8 million dollars was approved for the project budget. Based on the Engineer’s Estimate, adequate funding is available to fully fund construction.

The Board action will allow staff to advertise the project for bidding. Construction is anticipated to take approximately 3 months.

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224

BACKGROUND
EMID provides wastewater services to the City of Foster City. Due to the City’s flat topography, the existing wastewater system is designed as a network of lift stations that collect and convey sewage from the outer basins to the inner basins. All sewage is ultimately collected at Pump Station 59 and conveyed to the San Mateo Wastewater Treatment Plant (WWTP), which is jointly owned by EMID and the City of San Mateo.

Pump Station 59 is the final and largest capacity station within the EMID’s collection system pumping an average of 2.9 million gallons of wastewater generated by Foster City per day via a single 21-inch force main to the WWTP. CIP 455-695 includes improvements intended to provide this critical facility with enhanced operational flexibility, flow measurement accuracy and reliability, and redundancy during repairs. The specific improvements include the following:

1. Replacement of the existing ultrasonic effluent flow meter that measures the amount of sewage that flows to the Wastewater Treatment Plant.

2. Installation of a permanent bypass will be installed at the Pump Station within the Corporation Yard to allow staff to perform repairs on the system without shutting down the EMID’s sewage system and interrupting sewage flow to the Wastewater Treatment Plant.

3. Installation of a knife gate valve on the exterior manifold to allow for isolating of half of the discharge line to allow for continued system operation during repairs.

At its February 1, 2021 Board meeting, the Board adopted Resolution No. 3557 authorizing a consultant agreement with BKF for professional engineering services for the Lift Station 59 Effluent Line Improvements Project (CIP 455-695).

ANALYSIS
Plans and Specifications for CIP 455-695 are now complete and are ready for bidding.

The design of the project was performed by BKF. A copy of the plans and specifications are available for review in the City Council office.

The overall project management and daily inspection will be provided by in-house staff with BKF to provide periodic site visits and final inspection.

The Board action will allow staff to advertise the project for bidding. Staff anticipates submitting a staff report and resolution for the award of the construction contract to the Board in June 2023. Construction is anticipated to begin in July 2023 and will take three months. The project schedule is as follows:

Advertisement April 5 to May 11, 2023
Bid Opening May 11, 2023
Construction Contract Award June 5, 2023
Construction July to September 2023

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225

Notice of Completion November 2023
California Environmental Quality Act
Categorically Exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities

FISCAL IMPACT
Total funding in the amount of $1.8 million dollars was approved for the project budget.

The Engineer’s Estimate for the construction is approximately $1,303,995.00. The total estimated project cost of $1,641,649.00 includes design costs, a 15% construction contingency, and miscellaneous costs, as shown below.

BUDGET APPROVED
FY 20/21
FY 21/22
Total Approved Budget
$150,000.00
$1,650,000.00
$1,800,000.00

EXPENDITURES
BKF Consultant agreement (Design Services) $116,654.00
BKF Contingency
Approved Contract Amendment #1 ($12,976.00)
$17,000.00
Engineer's Estimate of Construction $1,303,995.00
Construction Contingency (~15%) $196,000.00
Miscellaneous costs (advertising, production of plans
and specs, etc.)
$8,000.00
Total Estimated Project Cost $1,641,649.00
Based on the Engineer's Estimate, adequate funding is available to fully fund construction.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
*Plans and Specifications are available for review in City Hall.

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226

5 4
5 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT (CIP 455-695)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, Pump Station 59 is a critical EMID facility in need of enhanced operational flexibility, flow measurement accuracy and reliability and redundancy during repairs; and
WHEREAS, on February 1, 2021, the Board of Directors adopted Resolution No. 3557 awarding a consultant agreement for professional engineering services to BKF Engineers for the Lift Station 59 Effluent Line Improvements Project (Project) (CIP 455- 695); and
WHEREAS, Plans and Specifications for Lift Station 59 Effluent Line Improvements Project (CIP 455-695) are complete and ready for bid; and WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, total funding in the amount of $1,800,000 was approved for CIP 455- 695 project budget; and
WHEREAS, based on the Engineer’s Estimate, adequate funding is available to fully fund the construction.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve the plans and specifications and authorize the call for bids for the Lift Station 59 Effluent Line Improvements Project (CIP 455-695).

6.7 Attachment 1 - Resolution

227

5 4
5 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 3rd day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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Prepared Date 3/15/2023 City of Foster City, CA
Accounts Payable Check Register

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Foster City City CouncilApril 3, 2023

Foster City City Council
April 3, 2023